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HomeMy WebLinkAbout3371TO¥~ OF $OUTHOLD BUILDING DEPARTMENT TO~N CLERK'S OFF[CE SOUTHOLD, N~Y. NOTICE OF DISAPPROVAL Ddt~ ~J'~-~-~-~ 19 ..... File No: ....................................... PLEASE~ TAKE NOTICE ~at yonr aVPnCat~on dated . ~~.,. County Tax Msp No. ~000 ScctJo~ .... ~,~ ~... ~oc~ Subdivisfon ................. Filed Map No ................. Lot No .................. is retrained herewith and disapproved on the following grounds ..... .-~ ...... Building Inspector tOWN OF $OUTHOLD, NL~V YOR9 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE . J~a~'....1. ?.......~.....1..9..85 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, ,JjJ~ FLORENCE ROLLE Church Lane Nome of AppeJla~t Street and Number .................. .A..aJ,,u,..e...b..o.~,._...u~,..! .................................................. ,.New...Y.'...o..r...k. ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 2/14/85~Rll~ WHEREBY THE BUILDING INSPECTOR DENIED TO FLOUNCE I{OLLE Nome of Applicant for permit of Main Road, P,O. Box 1424, Matti~uck, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD (X) PERMIT TO ,qF~T-O~V Ma ' ,StreeJ ~ ~nlet. ,, ,, ~0TM~1000-122-5-8 ....... % ~9~1 .~e ................................................................................. O~ER (S) . ~p~ence MOP No. Lat No. A~QUI~D: DAT~~: ~/~.~ ~ 7 ............. 2. ~ROVISION (5) O~ TM~ ZONING ORDINANC~ A~t~D (l~cot~ *~ A~ic~ ~cfi~, ~ub- ~fi~ ~nd ~?~o~h ot the Zoni~ O~d~nonce b~ ,um~n ~ ~ot quote the ~C~ I~ ;~s 106-20 & 100-31 Bulk & Pa=k~ S=h. iul.~ respectively 3. TYPE OF APPEAL Appeal is mode herewith for ~) ;A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such =ppeol was ( ) request for o special permit ( ) request for a variance and was mode in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to separate.the property into two lots, ~~%~J~ as. shown on =he atta=h~d map entitled, "Map of Set-off of property for Florence Rolle" dated January ~16, 1985, to eliminate the awkward "L-shaped" lot which now exists and conform the parcel to'~he other lots in the ~ei~hb0~hood'. (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- so~ HARDSHIP because applicant's parcel is L-shaped, so that most of her rear yard is not immediately behind her residence. As such, it lends little financial or aesthetic value to her residence, but does create a financial drain in terms of property taxes and yard maintenance. With two separate frontages, the property should be divided so the OleJule Lane lot can be separate, since applicant would give that to her daughter. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the shape of this lot is different than the nearby lots, which are rectangular in shape. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two new lots would conform in size and shape-with most of the surrounding _lo~.' STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Swam to this ........... ,1,~,k ......................... day Ma Notary Public OWNER STREET FORMER OWNER ACR. ! - , RES. ~ l,.0 SEAS. VL, LAND IMP. TOTAL FARM ~COMM. CB. MISC. DA'TE REMARKS Mkt, Value AGE BUILDING CONDITION NEW? NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable 2 'lillobie 3 WoodLand Swampland Brushland Plouse Plot Tota~ FRONTAGE ON WATER FRONTAGE ON ROAD DOCK September 25, I987 Gerard P. Goehringer - Southold Town Board of Appeals r~ain Road - Southold NY II9?I Re: Appeal No. 337I (Variance) Prior Appeal No. 254 2/4/60 ?~atter of Florence Rolle, Appeal i~337I and #2?4 Dear Mr. Goehringer: It is with ~u~h ~hank~jthat I received continued attention, and progress,on my appeal, in the letters received from you,dated September 4, I987.I am continuing on with Planning Board for set-off division approval. As your records show,from prior co~espondence,from me,-that ~.~ark ~,~cDonold made test on lot and and also licensed surveyer,0tto VanTuyi,L.S.,completed his work. As of last week, my husband, %?alter Rolle has started the test-well on this parcel. I ,..~!~ ]~e calling the Suffolk County Health Deoartment at the finish of this work,and they told me, before, that two people would come and test the water. Thank you, very much.Especially furnishing copies of your letter to ms an~d to the Building Department, Planning Board, and Suffolk County Health Departmen~ for their records. Als~ for the copy of the I95I ~,~ap of Albert Zanowski prepared by Otto VanTuyl, L.S. for reference and future use. Yours ~ruly, Southold Town Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOLD, L I N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOERRrNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 4, 1987 Mrs. Florence Rolle Box 22l - Church Lane Aquebogue, NY 1193l Re: Appea'l No. 3371 (Variance) PriOr.Appeal No. 254 2/4/60 Albert Zanowski Dear Mrs. Rolle: After researching our records back to the inception of zoning (1957), we find that there was a variance granted on February 4, 1960 in the Matter of the Applica- tion of Albert Zanowski concerning a set-.off of a 90 ft. wide section (to be merged with the Papishes) and leaving a remaining 90 ft. wide lot. At that time, a minimum lot area of 12,500 sq. ft'. was required, and a variance was granted for the reduction of the parcel as shown on the Map of Albert Zanowski dated January 29, 1951, and referred to as Lot #3. The Lot referred to as #4 appears to have properly ~een sold and merged with Eleanor Papish's northerly lot, and therefore the conditions of the 1960 variance have been complied with. It is the position of the Board that an additional variance as applied is not necessary under the above circumstances; however, you must continue with the Planning Board for set-off division approval. We are furnishing copies of this letter to the Building Department, Planning Board, and Suffolk County Health Department for their records. Page 2 - September 4, 1987 Matter of Florence Rol!e, Appeal #3371 and #274 Enclosed is a copy of the 1951 Map of Albert Zanowski prepared by Otto VanTuyl, L.S. for reference and future use. Yours very truly, lk Enclosure Copies to: Building Department Planning Board Suffolk County GERARD P. CHAIRMAN Health Department GOEHRINGER April 8,I087 Dear Linda: I wish to proceed with the variance application you have before you.There is an application pending before the Planning Board which will proceed as soon as a variance is obtained from the Zoning Board of Appeals. The Zoning Board also has an application pending,and will schedule a hearing on receipt of Health Department approval.~y husband and his helpers will be progressing with the test well as soon as weather permits,and I will notify the Health Department,to have someone on the property to take the sample at that ~ime.As I receive the proper papers,stamped,I will go to the Board of Appeals in Southold,so that the Planning Board has the completed information. Enclosed are copies of all that was done so that I will not have to have double expenses and I was told you have all of this, --a process which, till now,has taken over two and one half years. I would appreciate your calling to attention,Bennett Orlowski,Jr. --so that he knows I am proceeding with this request for a set-off. Ny phone number is 722-3877.Please feel free to call me,if there is something I should be aware of,or in error of. Very truly yours, Florence Rolle WICKHAI~, WICK, HAM & BRESSLER, P.c. MAIN ROAD. P.O. BOX 1424 April 3, 1987 Mrs. Florence Rolle Church Lane Aquebogue, New York 11931 Re: Rolle Set-off Dear Mrs. Rolle: Dad has advised me that you have decided to proceed with the set-off application on your own. I therefore enclose a bill for services and disbursements to date. There is an application pending before the Planning Board which can proceed as soon as a variance is obtained from the Zoning Board of Appeals. The Zoning Board also has an application pending, and will schedule a hearing on receipt of Health Department approval. Please let me know if I can be of any further assistance. Very truly yours, AAW:pf Eno. ;KHAH, WICKHAM 8= BRE$SLER, MAIN ROAD, P.O. BOX ~424 Mrs. Florence Rolle Church Lane Aquebogue, New York 11931 April 3, 19'87 ' Re: Rolle - Set-Off Invoice No. 007066 - Code #509/9356 PROFESSIONAL SERVICES RENDERED, as Follows: Conference regarding subdivision; site inspection of property; Obtaining maps showing proposed subdivision from surveyor; obtaining Notice of Disapproval from Building Dept,, obtaining names and addresses of adjoining property owners; Preparation of application for approval of subdivision plat, and exhibits, Short Environmental Assessment Form, and grading letter, and forwarding completed application to Southold Town Planning Board; Preparation of variance application and wetlands letter; %~ preparation and mailing of notices to adjoining owners by certified mail, return receipt requested; Forwarding completed application package to Zoning Board of Appeals; Meeting with Health Department representatives regarding approval requirements; Preparation of Application for Realty Subdivision to Suffolk County Department of Health Services and forwarding to surveyor; meeting with client to review location of neighboring wells and cesspools; obtaining estimate from Kreiger Well for test well; obtaining test hole from McDonald Geoscience. $ 650.00 Disbursements: Southold Town Clerk - variance fee $ 75.00 Southold Town Clerk - Planning Board fee 50.00 Postage - certified mail 8.35 Van Tuyl - survey charges 175.00 McDonald Geoscience - test hole 120.00 Total Disbursements 428.35 Total Balance Due $1,078.35 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 E~OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 21, 1985 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road - Box 1424 Mattituck, NY 11952 Re: Appeal No. 3371 Florence Rolle Dear Gail: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the Suffolk County Department of He,alth for ~rticl~ vi approval and with the P~ in order that they may submit their comments, recommendations or approval as early as possible. Upon receipt of their input, your application will be scheduled for the next available hearing date. If the above documents are submitted by July 15th, it is expected that the public hearing in your variance application would be held during the early part of August. A copy of the notice of hearings as published in the Long Island Traveler- Watchman and the Suffolk Times will be sent to you as confirma- tion. Please feel free to contact us if you have any questions. Yours very truly, cc: Planning Board GERARD P. GOEHRINGER CHAIRMAN ~ / P' D T !~i' LD $outhold, N.Y. 11971 (516) 765-1938 June 26, 1985 Ms. Abigail Wickham Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Set-off for Florence Rolle Dear Ms. Wickham: The Planning Board reviewed the above mentioned application at the regular meeting, of June 24, 1985. ~ It was the consensus of the Board to hold this application in abeyance pending action by the Board of Appeals regarding the insufficient area, width and depth variances. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD c~.' Zoning Board of Appeals By Diane M. Schultze, Secretary JUDITII T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 17, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3371 application of Florence Rolle by Wickham , Wickham, and Bressler for a variance. Also included are accompanying papers as outlined on the attached letter of transmittal from Abigail A. Wickham, dated May 15, 1985. J~ ~r. Terry fj/ Southold Town Clerk WILLIAM WICKHAM ERIC U 8RESSLER ABIGAIL A WICKNAM LAW OFFICE5 WlCKHAiVl, WlCKHAM ~ EIRESSIER, NIAIN ROAD, PO BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 May 15, 1985 Southotd Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application for Variance of Florence Rolle Gentlemen: Enclosed are the following in connection with the above application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. Wetlands letter: 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; 6. Five prints of the survey; 7. Check to the order of the Town Clerk in the sum of $75.00, representing the application fee. If any further information is required, please do not hesitate to contact us. Very truly yours, Ab~Ail A. Wickham /emu encls. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. John Simichick, Jr. Mr. & Mrs. Joseph Peters Mrs. Eleanor Papish Mrs. Rose DePetris Mr. Charles Jacobs NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) - 2. That the property which is the subject of the Petition is located a,d~jacent to your property and is des- ~ cribed as follows: North by Papish; SOuth by KrauS Rd,; East by Simichick, Peters' and DePetris; and West by Olejule La. & Jacobs. Suffolk Co. Tax Map No · 1000-122-5-8 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" Residential & Agricultural. 4. Thatbysuch Petition, theundersigned willrequestthefollowingrelief: Permission to separate the property into two lots, each containing insufficient width and area. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rticleS I & III Sectior~ 106-20 & 100.-31 Bulk & Parking Scb~dule, respectively. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (5'16) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler~Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 14, 1985 Petitioner FLORENCE ROLLE Post Office Address Church Lane Aquebogue, NY 11951 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mrs. Rose DePetris Mr. & Mrs. John Simichich, Jr. Mr. & Mrs. Jose~h:P~e.ters Mrs. Eleanor Papish M~.. Cha~!es Jannh~ P 677 296 3~2 ,~ RECEIPT FOR CERTIFIED MAZ NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) St and No. Postage Certified Fee Special Deliveu Fee Restricted Del~veu Fee ~turn Receipt Showing ) whom and Date Delivered :etum r~ipt showing to whom, ELLEN M. URBANSKI, MattituCk~ New York, Kraus Road Mattituck, NY 11952 BA10lejule La. - Box 64B Mattituck, NY 11952 Mattituck New York 11952 Olejule La. Mattituck, NY 11952 Olejule La. Mattituck, NY 11952 , residing at (no #) Oak Street, , being duly sworn, deposes and says that on the I~'~t'tq day , deponent mailed a true copy of the Notice set forth on the re- No. 52-6905850-Suffolk County Commission Expires March 30. 19_~eP ELLEN M. URBANSKI JOAN HINDERMANN NOTARY PUBLIC, State of New York Swormto before~m,e this [ .1~ day q~ _ .~a~*.: , ,~9U5 Notary Public verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) May 14 , 1985 (Today's Date) To: Re: $outhold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Florence Rolle Location of Property: n/side of Kraus Rd. & e/side 01ejule La., Matti~uck, NY - SCTM#1000-122-5-8 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at'least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying ~dge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]-.. (a) In order to answer the questions in this short EAF it is assumed that the preparer will use cu~£ently available information concerning the project aD~ the likely impacts of the action. It is not expected that an%4~tional studies, research or other investigations will be undertaken. ~D) If any question has been answered Yes, the project may be significant and a c~¥1eted Enviromnental Assessment Form is necessazy. (c) If all questions have been answered No, it is likely that this project is not significant. (d) Environmental Asses~t: 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? .............. No 2. Will there be a major change to any unique or unusual land form found on tb~ site? ............................. No 3. Will project alter or have a large effect on an existing body of water? 4. will project 5. will project have a potentially large impact on groundwater quality? . . . significantly effect drainage flow on adjacent sites? . . No 6. Will project affect any threatened or er~mngered plants or animal species? 7. Will project result in a major adverse effect on air ~m]ity? ..... 8. Will project have a major effect on visual character of the c~,,,unity or scenic views or vistas known to be important to the oa~,,unlty? ...... ® Will project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated as a critical envirorm~ntal area by a local agency? ................. 10. Will project have a major effect on existing or future recreation1 opportunities? ............................. No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ..................... No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's c~eration? ...... NO 13. will project have any /mpact on public health or safety? ........... No 14. Will. project affect the existing c~,,,unity by directly causing a growth in permanent pol~,]ation of more than 5 percent over a one-year period or have a major negative effect on the character of the c~,,,..,nity or neighborhood? . . 15. Is there public controversy ooncerning the project? ............. PREPA~ER'S SIG{qATURE: ~/./~/f/-~z~c/J//6.~//~//~$(f/x~Tl'fLE. Attorney for Applicant REP~F~q~qTING: F~or~ce Kolle DATE: May 14, 1985