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HomeMy WebLinkAbout3640 Southold Town Board o£Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3640 Application Dated May 2], ]987 TO: Mr. Henry E. Raynor, Jr. as Agent for MR. AND MRS. P.O. Drawer A Jamesport, NY 11947 FRANK SAWICKI [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June 30, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application of FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three parcels in this pending Minor Subdivi- sion, each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15± acres. WHEREAS, a public hearing was held and concluded on 1987 in the Matter of the Application of FRANK AND EDITH under Application No. 3640; and June 18, SAWICKI WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 15-acre parcel of land with 406.70 ft. frontage (lot width) along the south side of Sound View Avenue and 375± ft. frontage along the north side of C.R. 48 (a/k/a North Road), in the Hamlet of Southold, Town of Southold. The entire premises is used for agricultural purposes. 2. The subject premises is located in the "A-80" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District lO00, Section 51, Block 3, Lot 12.1. 3. By this application, appellants request a variance for the proposed lot width (frontage) of Lots l, 2 and 3 as follows: (a) 135.79 feet for Lot #1, (b) 137.56 feet for Lot #2, (c) 133.35 feet for Lot #3. Each of the proposed (CONTINUED ON PAGE TWO) DATED: June 30, 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 Appeal No. 3640 Matter of FRANK AND EDITH SAWICKI Decision Rendered June 30, 1987 lots will contain a minimum lot area of 80,000 sq. ft. 4. In viewing the immediate area, it has been found that a majority of the parcels located on the north side of Sound View Avenue directly opposite the subject premises have lot widths/frontages of the same length, or less, and therefore there will be no substantial change in the character of the immediate area. 5. It is the position of the Board that the relief requested is the minimal necessary, particularly since the lots conform to the zoning code in all other respects and since there is no other method feasible for appellants to pursue, other than this variance application. ~ In considering this appeal, the Board also finds and determines: (a) the percentage of relief requested is not substantial, at 20% of the requirements; (b) the circumstances of the property are unique; (c) there will not be a substantial, detrimental change in the character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) this project is consistent with the spirit and intent of zoning; (f) the grant of this variance will not affect govern- mental by increased population; (g) in view of the manner in which the difficulties arose and in view of all the above factors, the interests of justice will be served by granting relief, as condi- tionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3640 for lot width of proposed Lot #1 of 135.79 feet; Eo~ #2 of 137.56 feet, Lot #3 of 133.35 feet, as applied in the Matter of the Application of FRANK AND EDITH SAWICKI SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no future lot-line changes or lot area adjustments; 2. Future construction shall conform to the require- ments of Column A-80 of the Bulk Schedule as to setbacks, etc. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Douglass. (Member Doyen of Fishers Island was absent. Member Sawicki was absent from vote.) This resolution was duly adopted. lk ~ ~OEH'RINGER, ~'AI'~AN July 6, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law anO the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on TH_URSDAY, J.UNE 1'~"]'987, at the following times~ 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Map as District lOOP, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. No. 3632 Rehearing on Amended Application of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section lO0~30(A) to permit the estab- lishment of a Day-Care Center, at premises referred no as the Veterans Community Center, north side of Pike Street, eas~ side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. 7:45 p.m. 2ppl. No. 3637 C. KAPOTES AND A. HOMAYUNI. Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for permission to construct deck addition to dwelling with an insuf!icient frontyard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and scuth side of So.~ndview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641 BRETT AND JANET KEHL. Variance to the Zoning Ordinance, Arti. cle III, Section ]OD-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construc~ addition to dwelling with an insjfficient sideyard setback. Location of Property: 5500 Main Bayvlew Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. Page 2 Notice of Hearings Sou~hold Town Board of A~peals Regular Meeting of June 18~ 1987 7:55 p.m. Appl. No. 3634 - RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for permission to erect fenc:ng in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. 8:05 p.m. Appl. No. 3412 as Amended WILLIAM MOORE and BENJAMIN HERZWEIG. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for an insufficient setback from wetlands area, and (b) III, Section 100-31 for an insufficient frontyard setback, for a proposed single-family dwelling structure at premises known as 675 Meadow Lane, Mattituck Estates Map #4453, Lot #42, Mattituck, NY; County Tax Map District 1000, Section 115, Block 05, Lot 007, containing .51± acre. 8:20 p.m. Appl. No. 3629 IRWIN AND SONDRA THOMPSON. (To be reconvened) . 8:30 p.m. Appl. No. 3543 - PETER AND. _ BARBARA HERTZ. (To be reconvened) /~ 8:40 Appl. No. 3640 - FRANCK AN~D EDIT~H SAWtCK~I. p.m. Variance for approval of insufficient width of three p~rcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. Location of Property: nOrth side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15± acres. ~-- 8:50 p.m. Appl. No. 3625 - PUDGE CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m. Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appt. No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII, Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. Page ~ - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18~ 1987 The Board of Appeals will hear at said time and place persons or representatives desiring to be heard in each of above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. all the Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN B~ARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: ~lease publish once, to wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Ma~n Road, Southold, NY 11971 on or before June 15th. Thank you. TOWN OF SOUTHOLD BUILDING DEPARTMENT TO',CN CLERK'S OFFICE SOUTltOLD, N.Y. NOTICE OF DISAPPROVAL I)atc . . , . . . .~. ~ .l..~. ....... 19~7.. File No ............................. · ~ .~.~... ~,..~.,.. PLEASE TAKE NOTICE that your application dated ..... . ~..).~. ....... Stroot ~ Ham/et County Tax Map No. 1000 Section ..-. ,~ ~7) ..... Block ..... ~.~ ..... Lot/q~, .} ....... Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ibllowing grounds. ~',0~.~.~...Tg~. ~ ~.~ ~ ~ J Building Inspector tOWN SOUT,OU). NEW YO K 01987 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, ], (~) ...... ~.~...~..~.~..~.....~..a..¥.~.c...~.~ ............................ of Middle Road Name of AppeJk~nt Street end Number Southold New Municipality York ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) ........... Z.r.~n k..~wio.~i. ...................................... Name of Applicant for permit of .a...a. ..................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit to subdivide 1. LOCATION OF THE PROPERTY ...... ~.~8~...~9~.~_..~X~P~eL...~.~9.~ .................. Street Use District on Zoning Mop 1000-51-3-p/o 12.1 .................................................................................. CuPrent0wueP Frank Sawicki Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. III, Section_.100-$l, Art_. I, Sect_ion 106-.2.0(A) TYPE OF APPEAL Appeal is made herewith for A '*O~R~ANCE ¢o the Zon[n~ Ordlnonce or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A arewous appec [b~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ! request for a special permit ? ( ) request for ~ variance and was made in Appeal No ................................ Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that p~oposed lots are less than the width Ordi~ance mequired by the Zoning (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because applicanc would be forced into creating a coadway for building lots. This would create a negative impact on remaining farmland currently in operation. 2. The hardshi~createdis UNIQUEand isnotshared ov all properties clike in the immediate vicimty of thisproperty and in this use district because presently Mr. Sawicki is the only remaining active farmer zn this neighborhood. The remaining properties are residential dwellings and not in agcicultural use. 3 The Vonance ~uu[d observe the sD~ri~ of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because 1. Lots in surrounding area are considerably smaller in area. 2. The granting of this variance would help preserve addtional farmland. 3. It is in keeping with the current zoning area lot size AR80. THE STATE OF NEW YORK ) COUNTY OF ) SS Signature Sworn to this ............... ~ ............... day of ....... :~./ .............................. 19 ~ ELIZABETH ANN NEVILLE t, lo~r~ P.blic. D.~te of New Yo~ ~ 52-81~8~, S~ ~u~ OF sOUTHOLD PROPERTY RECORD CARD ,~4-~ - d'7- Z-/,z-, / TOWN OWNER STREk-I' ,I~RMER OWNER VILLAGE DATE cOMM. CB. MICS. Mk' REMARKS VL. [ · ~ND IMP. TOTAL ~D_~I~_~ SUB. ACR. j TYPE OF BUILDING Value LOT AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland Meadowland House Plot Total FRONTAGE ON ROAD DEPTH BULKHEAD DOCK SOUTHOLD TOWN BOARD OF APPEALS IN THE MATTER OF FRANK AND EDITH SAWICKI THURSDAY, JUNE 18, 1987, PUBLIC HEARING 9:16 p.m. Appeal No. 3640 - Public Hearing commenced in the matter of FRANK AND EDITH SAWICKI. Variance for insufficient width of three lots in this pending subdivision. North Side of C.R. 48, Southold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: The reason for the appeal is of course, the proposed lots are less than the width required by the zoning or- dinance. Number one; should the applicant produce proof for un- necessary hardship because the applicant would be forced into cre- ating a roadway for building lots. This would create a negative impact on the remaining farmland currently in operation. And num- ber two; the hardship created is unique. It does show the other properties like the ones in the nearest vicinity in this use dis- trict because (presently) Mr. Sawicki is the only remaining active farmer in the neighborhood. The remaining properties are residen- tial dwellings and are not in agricultural use. And number three; the variance proposed does not change the characteristic of the district because lots in the surrounding area are considerably smaller in size or in area. And number two; the granting of this variance would help preserve the additional farmland. And three; in keeping with the current zoning lot area in AR-80 signed to and sworn by the applicant on the 28th day of April, 1987. I have a copy of a survey produced by Roderick VanTuyl, P.C. on January 6, 1987 indicating lot number one; 80,030 square feet, approximately 135.79 by, I have to add the two together so I won't even mention it. Lot number two of 80,028 square feet, approximately 137.56 feet on Soundview Avenue and 80,029 square feet, 133.35 on Sound- view Avenue. And I have a copy of the Suffolk County Tax Map in- dicating this and surrounding properties in the area. Would you like to be heard Mr. Raynor? MR. RAYNOR: Yes. Good evening gentlemen. My name i~ Hen my ~ Raynor and I'm the agent for the applicant; Mr. and Mrs. Sawicki of Southold. We believe that the proposed three lot subdivision that is before your Board, meets all the current zoning standards of Section 100 of the Town Ordinance with theexception of the lot width which has been indicated. Presently, the applicant is seek- ing approval before the Planning Board to get the plan subject to your decision this evening. By approving this type of a variance, it enable the town as well as the applicant, to design a subdivi- sion which will %eave more acreage in agricultural. Presently, Mr. Sawicki and his brother, farm this tract of property and as Mr. Sawicki has reached the age of 70; the proposed sale of these three lots would be his income as well as social security and this would enable him and his brother to continue the farming operation as they presently have over the past 40 years. The applicant has chosen, voluntarily, to accept one less lot than the minor subdi- vision regulations of our Town call for. And again, this is to keep this farm operation of the size that would be economically Pa~e 2 -June ].8, ].987 ~ublic Hearing - Frank and Edith Sawicki Southold ~'own Board of A peals MR. RAYNOR (continued): feasible. I believe that the proposed variance request is to- tally in keeping with the character of the neighborhood as it is an ARA, agricultural residence and this form of permit as proposed, would be a benefit to both the neighborhood as well as the applicant. I would be happy to field any questions this Board might have. CHAIRMAN GOEHRINGER: So basically, this is really not a four lot minor subdivision. It's really a three lot. The remaining acreage then, remains as farm acreage and is not necessarily the fourth lot in the subdivision. MR. RAYNOR: That is also correct. CHAIRMAN GOEHRINGER: So that the Planning Board has not compelled themselves to put any restrictions on that four lot of whatever the 12.1 acres or whatever the remaining acreage is. MR. RAYNOR: Not at this junction. CHAIRMAN GOEHRINGER: Ok. However, it is probably the situation that it would have to be a major subdivision of something was done with that in the near future. Is that correct? MR. RAYNOR: I would presume that there would be some restriction to that nature if somewhere along the line as we process it before the other bodies. CHAIRMAN GOEHRINGER: And the specific agreement that they had in 1982 with 5a]~C~0]a is nulled and ~0id ~nd not necessarily .... MR. RAYNOR: This agreement, I just received this tonight courtesy of your secretary. I've been informed that about 5:30 this evening that upon investigation, there had been some questions with regard to the property. There was a contract of sale to Sa] 6a~0]a for 3.6 acres which were on the easterly side of the proposed subdivi- sion. This was to have a closing date of January 1st, 1983. This closing never came to be and Mr. Sawicki told me that this was the case. In regard to this, I feel that the settle off debt that was granted by the Planning Board at that date, should be withdrawn and discussed same with applicant and would stipulate to this Board as well as the Planning Board that it will be withdrawn. CHAIRMAN GOEHRINGER: Alright. Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hear- ing, reserving decision until later. Ail in favor - AYE. ',-3 7, LoNG iSLAND SouND P. O. Drawer A Jamespo£t, NY 11947 January 13, 1988 Southold Town Zoning Board of Appeals Main Road Southold, NY ~i971 RE: Appeal No. 3640 Frank Sawicki at Southold Dear Sirs: Please find enclosed a copy of the proposed minor subdivision plan of Frank Sawicki at Southold, New York which has been stamped by the Suffolk County Department Health Services. of HER:ml Eric. CC: Frank Sawicki Sincerely, Henry ~. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 May 21, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3640 , application of Frank& Edith Sawicki for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. ~ Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ~tchael A. LoGrande SUffOLK COUNTY £X£CUT~VE 360-5206 LEE E. KoPPECMAN July 13, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Irwin & Sondra Thompson Frank & Edith Sawicki 3629 3640 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III, Section 100-31, Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3640 Applicant: Mr. and Mrs. Frank Sawicki Location of Affected Land: C.R. 48, Southold, NY 11971 County Tax Map Item No.: 1000- 51-3-12.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Lan Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Draina~te Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: Applicant is requesting~w~:~sx~kxt~ insufficient width of three parcels in this pending Minor Subdivision~_D~_h_~av~ a minimum lot area of 80,000 sc~. ft. Copies of Town file and related doculn~nts erlclosed for your revi,.w. Dated: July 8, 1987 APPEALS BOARD MEMBERS GERARD P. GOERRtNGER, CHAiRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH R. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHI-ILD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 July 6, 1987 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Re: Appeal No. 3640 - Frank and Edith Sawicki (Variance) Dear Henry: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do or that of the questions. not hesitate to call either our office (765-1809) Building Inspector (765-1802) if you have any Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 APPEALS BOARD June 18 r MEMBERS TELEPHONE (516) 765-1809 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q · R . A · SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3640 PROJECT NAME: FRANK AND EDITH SAWICKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval 'of insufficient width of three parcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. LOC~TION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North side of C.R. 48, Sou-thold, NY 1000-51-3-12.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is a lot-line variance as regulated by Section 617.13, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc Southold, N.Y. 11971 (516) 765-1938 June 18, 1987 Southold Town Board of Appeals Town Hall Southold, NY 11971 Re: Walter and Frank Sawicki minor subdivision at Southold Gentlemen: The Planning Board has reviewed the file for the above mentioned proposal, and offer the following input for your consideration: 1. The Planning Board, in 1982, approved a set off of 3.6 acres of this property with the stipulation that it be deeded to & merged with the adjoining property of Caiola to the East. Apparantly this stipulation has not been complied with and this file should be withdrawn if the above proposal is to be pursued by the applicants. 2. We have found evidence that the property (12.1 acres) was part of a larger piece and we have no record that the subject property and the adjoining lot were subdivided through the Planning Board. 3. The Board cannot comment on the layout of this minor subdivision or whether this is the best layout of the three-proposed lots based on the above information, because it has not finished its own review of the application. Further information will be forthcoming upon completion of this review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Henry E. Raynor,agent By Diane M. Schultze, Secretary NOTICE OF HEARING~ NOTICE IS HE~ GIVEN, pursuant to Section of the Town Law and the Code of the Town of Southold, the follow- ing public hearings will be held by the SoU~HOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Seutbeld Town Hall, Main Read, South- . old, New York, on THUP.~- DAY, JUNE 18, 195'/, at the fol- lowing times: 7:35 p.m. AppL No. 3605 - TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section Z~O-a, over a private right-of- way located offthe north side of the Main Read, Southold, and extending to the applicant's pr~mises, identified on the Suf- folk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3'- acres. 7:40 p.m. AppL No. 3632 - Re- hearing on Amended Applica- tion of NORTH FORK EARLY LEARNING CENTER. Vari- ance to the Zoning Ordinance, Article III, Section 100-30(Al to permit the establishment of a Day. Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street; east side of Wick- ham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel 1D No. 1000-140-2-39, containing 1.75-+ acres. 7:45 p.m. AppL No. 3637 - KAPOTES AND A. HOMA- YUNI. Variance to the Zoning Ordinance, Article III, Section 100-311100-32) for permission to construct deck addition to dwell- lng with an insufficient front- yard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Seuthold, NY; County Tax Map Parcel ID No. 1000-135-2.22. 7:50 p.m. Appl. No. 3641 - BRR~I' AND JANET KEHL. Variance to the Zoning Ordi- hence, Article Ill, Section 100- 32(A) for approval of the con- struction of an accessory build- lng with height in excess of maximum 18-feet, or in the al- ternative, Article III, Section 100-31(Al for permission to con- struct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel II) No. 1000-78-4.32. 7:55 p.m. Appl. No. 3634 - RICHARD F. MULLEN, JR. Variance to the Zoning Ordi- hence, Article XI, Section 100- IIg. IIA) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District looo, Section. 2. 6:08 p.m. Appl. two. o4'~ as Amended - WILLIAM MOORE AND BENJAMIN HERZWE1G. Variances to the Zoning Ordinance, Articles: (al xI, s tio, ioo-11 . for ~ufficient ~etback from we~ area, and lb) IlL Section 100-31 for an insufficient frontyard set- back, for a proposed single-fas' gy dwelling structure at prem- ises known as 675 Meadow Lane, Mattituck Estates Map #4453, Lot//42, Mattituck, NY; County Tax Map District 1000, Section 115, Block 05, Lot 007, containing .5l ± acre. 8:20 p.m. Appl. No. 3629 - IRWIN AND SONDRA I THOMPSON' (To be recon- ~ venod) 8:30 p,m. Appl. No. 3543 - PETER AND iIARBARA HERZ. Tobe rec°nvened]aAn · 0 om Appl. No. 3u~v - \ /"=~.4_ _,.. · ~-~n EDITH \ ;;;,,i of . ufficient w,o,. , ~hroe parcels in this pending ~ ~ ~[nor subdivision, each having { ~ a minimum lot area of~0m'..0~)no~ll~ ~' ] I~. Location of Prope y... ~ , ] side of C.g. iS /~Va !odd), Southold, NY; County i Tax Map parcel ID ~+o. 1000-51- A2.1, containing lo - acre,s/ . ~' 8:50 p.m. Appl. No. 3625 - concluding hearing. teastimony.) 855 p.m. AppL No. 3638 - JAMES AND MARY TYLER Special Exception modifying AppL No. 3400 to permit vehicle doors facing street side as con- structed in this establishment of lic oarage under Article Zoning Code. Location of prop- erty: 6~9§ Main Read, Laurel, NY; Mattituck Holding Minor Subdivision LOt g3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. The Board of APPeals will hear at said time and place all Per sons or r e or e ~ei~taet~l~s odfe;~; lng to be heard above matters. Each hearing will not start before the time al- lotted. Writte~ comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call TIlE soUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CltAIRMAN Linde Kowalski, Board Secretary 1TJll-5625 )FNEWYORK ) ! SS: t~OFSUFFOLK ) _d .Wil~.ia_m~_ of Greenport, in ~nty, being duly sworn, says that he/she is I Clerk of THE SUFFOLK TIMES, a Weekly uer, published at Greenport, in the Town ,old, County of Suffolk and State of New d that the Notice of which tha annexed is t copy, has been regularly published in Nspaper once each week for [ . iccessivoly, commencing on tho I } th June 19 8'7 Principal Clerk mm~ore me this ./_~ N NOTICE OE HEARINGS NOFICE IS HEREBY GIV- EN, pursuant to Section 267 of Ihe Town Law and the Code of the Town of Southold, the following public bearings will be held by the _SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY, JUNE 18, 1987, at t'he ioiio~,mg times: ' 7:35 p.m. Appl. No. 3605- TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section 280-a, over a private right-of- way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Ta~ Map ~s District I000, Section 56, Block 1, Lot 5.1 {5), containing 7.3± acres. 7:40 p.m. Appl. No. 3632, Rehearing on Amended Ap- plication of NGRTH FORK E.ARLY .LEA. R~NING ~ElyTF,~. Variance to the Zon-' lng Ordinance, Article I11, Sec- tion 100-30(A) to permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County "Pax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. 7:45 p.m. Appl. No. 3637-.~.. .KAP..O.T.~ _ AND A, HOMAYUNI. Variance to the Zoning Ordinance, Article Ill, Section 100-31 1100-32) for per° mission to consiruct deck addi- tion to dwelling with an insuf~ ficient frontyard setback from. Soundview Avenue. Location of Property: East side of Ooldin ~ Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641- BRETT AND JANE._T Variance to the Zoning Or- dinance, Article Ill, Section 100-32{A) for approval of tile construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article Ill, Section 100-31(A) for permission to con- struct addition 1o dwelli;Ig with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 7:55 p.m. Appl. No. 3634- RICHARD F. MULLEN~ ~IR. Variance to the Zoning Or- dinance, Article XI, Section 100-119.1 (A) for permission to creel fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. COUNTY OF SUFFOLK STATE OF NEW YORK 8:05 p.m. Appl. No. 3412 as Amended- WILLIAM MOORE WEIG. Variances to the Zoning Ordinance, Articles: (a) Xl, Sec- tion 100-119.2 for an insufficient setback from wetlands area, and ting duly sworn, says that she is the G ISLAND TRAVELER-WATCHMAN, >rinted at Southold, in Suffolk County; ,f which the annexed is a printed copy, in said Long Island TraveJer-Watchman / (b) 111, Section 100-31 for an in- sufficient frontyard setback, for ......................... a proposed single-family dwell- ing structure at premises known as 675 Meadow Lane, Mattituck Estates Map No. 4453, Lot No. 42. Mattituck, NY; County Tax Map District 1000, Section 115, Block 05, Lot 007, containing .51:e acre. weeks ting on the ...................... 8:20 p.m. Appl. No. 3629- WIN AND SONDRA T~OMPSO~I: (To be reconvened). ~e this ..................... day 8:30 p.m. Appl. No. 3543- _P, ETER AND BARBARA ,,(.;-/7 HERZ. (To be reconvened). , ] 9 ..... ,~'""8:40 p.m. Appl. No. 3640-~ ....... FRANK AND EDITH ~ SAWICKI. VarianCe for ap- J proval 0f insufficient width ~f ] ) three parcels in this pending/ f'/) ~ Minor Subdivision, each havin[/..,e~:'.~, .'. . · ..~Y. · .~."'~-.' .' .'~. ~'. .......... a minimum lot area of 80,000k,.. Notary Public sql ft. Location of Property: '[ north side of C.R. 48 (a/k/a ~North Road), Southold, NY; I BARB, ARA F©i~BI!S /County Tax Map Parcel ID No. I Notary t'td, i,e, 1000-51-3-12.1, containing 15± ~ No. ('" 8:50 p.m. Appl. No. 3625- PUDGE CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m. Appl. No. 3638- JAMES AND MARY TYLER. Speciai - Excel~tion i~lodi fying Appl No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a pubbc garage under Article VII, Section 100-70(B)[4~ of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot No. 3; County 'lh~ Map District 1000, Section 125, Block 1, Lot 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For' more information, please call 765-1809. Dated: May 21, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-6/I 1/87(9) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to call our office, 765-1809. Yours very tr~lv_.~ ~ ~ G'I~RARD Po GOEHR~NGER ~ CHAIRMAN Linda Kowalski ', Secretary and Board Clerk Enclosure P. O. Drawer A Jamesport, NY May 20, 1987 11947 Southold Town Main Road Southold, NY Dear Sirs: Zoning Board of Appeals 11971 Please find enclosed the following items to the application of Frank Sawicki at Southold: 1. Notice of Disapproval 2. Application in triplicate 3. Notice to Adjoining Property Owners 4. Short Environmental Assessment Form 5. Wetlands Letter 6. Four copies of survey 7. $150 filing fee If any further information is needed, hesitate HER:ml Encs. with regard please don't to contact me at 298-8420 or at the above address. Sincerely, BOARD OF APPEAL~O_WN OF SQU_! ItOLD In the Matter or the Petition of : Frank Sawicki : the Bo,ird of Mr. Salvatore Caiola Sound Avenu~ ~ Sou~hold, ~¥ 11971 NOTICE TO ADJACENT PROPE~.~Y~WNER '~OU ARE ItLREIIY (;IVEN NOIICE: 2. Jh,~! tile p~q~('rl', ~hi~h i'. Ihe ~uhit-~.l of file Petilmn i~ h~(.~t('d,~dj,lcen! tr)'~uur I~r,,lmrl¥ and is crihcd,i~folh,v,~ 5.512 acres at 19885 Soundview Avenue, Southold, New York ___als~n_knawn. as District 10QQ~ Sec_~ian 51, _BAo¢_~__p/o Lo.k.~12~2 3 ]Il.ri Il'lc I~l~)l~elt~ ,,~hi(h i~ lh~' ~uhil!(! I)f ~uch f'elitiI)r~ i~ Ioc,~ted ill the followin~.',mirl~ di~lrict: 4 lh~t h', ~u(h h'Iiti~l,I, d,e u,ld('~-i~,~ed will leltue~! vD~'iang, g for underwidt, h lots ~ 1 h,l! ti,t- luo~i~h,rl~ (If lhe ~,(,~ ! h I own Zorlhll~ (~llt~ .~ppli(,]hle lo lhe relief $,HJ~hl by Ihe unde~- ~igued~ ,~t~c]c ~_~ ..... ~;..-t N'n 10~..31 and AEt l, Se~lon .106:-20(A) HENRY E. RAYNOR, JR., Agent Peliliorler 0wIl,?l's'Ilames: Frank Sawicki ~_a_m e s_~qE_~t_, NY 11947 NAME PROOF ()~ MAll IN(; 01. NOII¢:F AT'['ACII .kill Il' IT'.l) HAIl, ItLiCIiLP'I'S A_D. Dr~Ess Mr. Walter E. and Mr. Frank S. Sawicki, North Road, Southold, NY 11971 Mr. Salvatore Caiola, Sound Avenue, Southold, New York, 11971 p 403 Mr. walter E. Sawicki & Mr. Frank S. SaWicki North Road southold, NY 11971 p 40~623 Salvatore Caiola sound AvenUe southold' NY 11971 STATE OF NEW ", ORK ) COUNTY OF SUFFOLK) ~ar~ret Leonard .... icsidir,~ .]! .__Mo_in_._._R_p_a_d_, _J__a_m_e__sP_9_rt_z- Ne_w.._y.o_r~k. .................... I,chl~ dLJN sv,,,,,,, deposes ,Iml s,lYs Ih.il o,, thc _2_O___th day ~-f May ~- ............... . 19 87_ .... tlcporlt'nl maih'd a title copy of Ibc Notikr scl forth on the ~e- tl~e currt'rll 4$'~es~,ml"nl loll of thc I.,,,~.JI ,.f %,1 t ~ Id I ,1! S.lUJ f';cllit es '~,cH' m,6h,l] .ti thc Uffit('d ~l.tles I'()s! ()f lice al .J__a_m. esP_Q_r__t_,- _N.e_w York (certifiedl ~e~x%X~g~'~ki m,,,I property OwrlorS. ) FORM NO, 3 TOWN OF SOUTitOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ...., ......................... l)ate ~..~ .~.. 0,.~......~....~ ..... ~.~.~ .~. PLEASE TAKE NOTICE that your application dated ..... ~.~. ~.~ ....... 19 .~. 3. ~'or,,~,,,,o~,...~ ~~... ~ ~: ................ ,.o~,,o~ o~,~o~,~.~ C~3,~ ~ .... ~'~'~'~'" ~"-'~~ ~ ...... Street p J Itamlet Co,~,~ T,,~ ~p No. ~000 S~o...-..~ ~ ..... ~o~k ..... ~.~ ..... ~.ot~?~ ........ SubdMsion .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved oil tile following grounds. ~..,~.;,~,.-...~-..~ ~.~'v-~./. .o"Z?.-..;g J · -~, ~ ~..~ .......... ~.....%...~ .......... ~...%~.~...~ ............. Building Inspector '[he N.¥.S. Environ:nent~l (/uality I{wviow Act requirers ;ub- mission of tt~ form, and an environmcnl reviow wil! be made by this~ard before any action is (a) ~n order to answer the questlene in thla short £AF Is 1~ a~e~ed that the ~repare~ will use currently available lnforr.~tlcn concerning th~ ~roJgct and the Or c%her ~l~VeS~tgatlan~ w~l be ~dortaRen, . ~, , (b) If any ~ue~%~on had been an~wore~ Yes tho project m~y be ~l~lflcant and , (c) If all que~tion~ have been aR~wor~d No i% 1~ likely t~mt %hl~ project nc% s:gniflcant. to the project ~ito or physically alter more ' 2. Will there be a major change to any ~que or unusual lan~ fo~ fo~d on the site? · . Yes ~ No 3. W~i ~roJect al%er or ~ve a large effect on an existing body of water? . . . . . · · Ye~ W~I project h~vc a potentially large L~c~ on ~o,~cwa%er quality? ' · ' .... . · Yes W~! project si~lflcantly effect drainage ~ 6.Will proJec~ affect any threatened or endangered 7.W~I project rcs~ In a major adverse effect on 8, W~i project have a major effect on visual kno~ to be ~portant to thc co~.mun~ty? · · · Yes 9. Will project adversely ~pact any site or st~c~ ure of historic, pre-historic, or importance or any site decimated as a critical eavlro~en~l area by a local agency? · · · Yes~__ No 10. W~I project have a mm Jot effect on exlst~g or 11. Will project result ~n mm Jot traffic problems or 12. Will project reg~arly cause objectionable noise, glare, vXDra~lon, or e]eotrical dl~tur~ 13. Will project h.~ve any impact on public health or 1L. W~I1 project Affect the e~ioting cO.unity bM ............ C DATE: __May 20, 1987 (lc~..y S Date) To: Re: Southo!d Town Board of App_~.l~.~-, ~ Main Road Southold, NY 11971 Appeal Application of Location of Property: Frank Sawicki 19885 Soundview Avenue, Southold, NY Dear Sirs.:_ In reference to the New York State Tid.~l Wetlands L~nd-uzc Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that thc subject prcperty iQ the within appeal application: [ ] ch~ck one box) M,]y be located :vitb. in 300 feet of tidal wetlanda; however, constructed along the water-lyin~3 edge of this property is a bulkhead in very go,sd condition and at least 100 fee5 in !en~th. ~ May b~ located within 300 feet of tidal wetlands; hewer'er, constructed along the water-lying edge of this property is a bulkhead in need of [minor} [major) repairs, and approximately feet in length. [ ] May be located within 300 fnot-_ of tidal wet_an~=;~ -~.- , ....... -- y g edge however constrained, along the wat-~-I in of this property is a bul~h;ead less than 100 feec in length. May be located within 300 feet of ntdd! wetlands; and there is nc bulkhead or can', ~,-~. ..... wall existing on the premises. -(x ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [:]tarred items (*) indicate your ,- .- -. p.cp_r,y does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls wit~].in D.E.C. jurisdiction, approval must be received an~] submit~6d to our office before your application can be scheduled for a public hearing. LON6 ISLAND SouND /) L SUFFOLK COUNTY O ARTMENT OF HEALTH SERVICES Hauppau~fe, New Yolk ~ I ~ ~ This Is ~e certify that the pine sed aH-an, me~ (s for water supply 80,028 ~ F rI I I .l t ~ ,,qt. / 0