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