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Home My WebLink About3514 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35]4 Application Dated May ]9, ]986 TO: Mr. Henry E. Raynor, Jr., as Agent for MR. GEORGE P. SCHADE P.O. Drawer A Jamesport, NY 11947 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 10, ]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 [X] Request for Variance to the Zoning Ordinance Article III, Section 100-3l, Bulk Schedule [ ] Request for Application of GEORGE P. SCHADE for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7-42. WHEREAS, a public hearing was held and concluded on November lO, 1987 in the Matter of the Application of GEORGE P. SCHADE under Appl. No. 3514; and 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 located in the A-40 Residen- tial Zoning District and is a parcel of land containing a total area of 52,984 sq. ft. and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 7, Lot 42. 2. The subject premises is improved with a single-family, 1½-story frame dwelling containing a liveable floor area of 1,040± sq. ft. and having setbacks: (a) from the front property line at 128 feet, (b) from the southerly side line at 35± feet, (c) from the westerly rear line at 86+ feet, (d) from the northerly side line at more than 125 feet. (CONTINUED ON PAGE TWO) DATED: December 10, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS '~ag~ 2 Appl. No. 3514 Matter of GEORGE P. SCHADE Decision Rendered December 10, 1987 3. By this application, appellant requests a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, for approval of the proposed insufficient area and width of two lots in this proposed set-off division of land, as follows: (a) insufficient lot area of 26,492, and (b) insufficient width (frontage) of lO0.O feet, for each Parcel #1 and #2. 4. After research and investigation, the following facts have been confirmed: (a) the parcel adjoining the subject premises at the south side consists of an area of 30,228 sq. ft. [formerly Fritz] and was the subject of a denial by this Board under Appl. No. 3657 rendered November 18, 1987 for similar relief; (b) the parcel adjoining the subject premises on the south (southwest) side [now or formerly Stigliani] consists of an area of one acre and is identified on the Suffolk County Tax Maps as Section 78, Block 7, Lot 43. There is an appeal pending at this time for variances to approve the proposed insufficient area of this one-acre parcel into two substandard lots. No action has been taken by this Board as of the date of rendering this decision; (c) the parcel to the north (1000-78-7-41) of the subject premises contains an area of 26,500± sq. ft.; (d) the second parcel of the subject premises contains in area; to the north (1000-78-7-40) an area of 30,475+ sq. ft. (e) the third parcel to the north (1000-78-7-39) of the subject premises consists of an area of 39,750 sq. ft. [Lots 38 and 39 merged under common ownership during 1974]; (f) the lot under question which contains a total area of 1.126+ (or 52,984 sq. ft.) meets only 66% of today's minimum lot-size requirement of 80,000 sq. ft. (g) the relief requested under this variance to further reduce the size of this property to 17,182 sq. ft. or 13,046 sq. ft. is substantial, and meets 22% or less of today's minimum lot-size requirement for each proposed lot. (h) As noted above, the lots proposed herein are substantially smaller than those existing and legally established in the immediate area. 5. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum lot width of 175 feet, and minimum lot area of 80,000 sq. ft. 6. It is the opinion of the Board: (a) that the amount of relief requested as to lot area and lot width are substantial in relation to the requirements; Page 3 - Appl. No. 3514 Matter of GEORGE P. SCHADE Decision Rendered December 10, 1987 (b) that the evidence submitted is not sufficient to warrant a granting of the variances requested and the criteria set by the Courts for this area variance has not been properly met; (c) the difficulties claimed are self-created; (d) the lot area requirements have been in effect for a minimum of 80,000 sq. ft. since May 1983, and for a minimum of 40,000 sq. ft. since November 1971, for a total of over 16 years, and prior to the conveyance in title of this property to this owner/applicant; (e) the percentages substantial in relation to the previously]; of relief requested are requirements [as noted (f) the variances, if granted, will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and order of the town; (g) the circumstances of the property are not unique and the variance, if granted, will set a precedent since there are similar circumstances in the immediate area; (h) in view of the manner in which the difficulties arose, and in consideration of all the above factors, the inter- ests of justice will be served by denying the variances applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appl. No. 3514 in the Matter of the Application of GEORGE P. SCHADE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen, and Sawicki. This resolution was duly adopted. lk G~ARD P. GOEHR'INGER, C~IRMAN December 14, 1987 RECEIVED AND FILED BY SOOT O D TOWN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, the following 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 TUESDAYs NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 - RICHARD MULLEN, JR. V~riance to the Zoning Ordinance, Article VIis Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 1gu 7:35 p.m. Appl. No. 3674 - RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l" General Business Zoning District. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY,~ 1000-62-3~9 and 20. 7:45 p.m. Appl. No. 3684 WILLIAM AND VERA MO[CHAN. Variance to the Zoning Ordinance, Article III; Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area from the front property line) at premises side of Ruth Road (north of Sunset Drive), Tax Map Parcel No. 1000-106-1-3. (in excess of 300 feet l~cated along the north Mattituck, NY'; County 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Varlances to~ he Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, or approval of the proposed, insQfficient lot area an'd width of wo parcels in this pending set-off division of land located long the west side of Cedar Lane (west of Summit Road), Southold, NY~ County Tax Map Parcel No. 1000-78-7-42. . ~ Page 2 Notice of Hearings Regular Meeting November 10, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 NICK MIHALIOS. Variance to the Zonin§ Ordinance, Article XI, Section 100-119.2 for permission to locate inground swlmmingpool~ decks and fence enclosure with an insufficient setback from the top of ~l~ff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax MaD Parcel No. 1000-111-14-7. 8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY ~NC. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY~ County Tax Map Parcel No. 1000-141-3-38.1. 8:10 ~.m. Appl. No. 3682 GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, Section lO.O-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existin§ lumberyard opposite Sound Avenue. Zone District: '~C-Light Industrial." Location of Property: South Side of Sound Avenue (or North Road), Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. NO. 3678 DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Scheduled for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic~ NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-1~' General Business. 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Sectio~ IO0-30(A) Page 3 Notice of Hearings Regular Meeting - November lO, Southold Town Board of Appeals 1 987 for permission to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: Residential and Agricultural. Location of Property: West Side of Depot Lane, Cutchogue, NY, County Tax Map Parcel No. 1000-96-6-1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679 ROBERT AND DOLORES SCHISSELo Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-I19.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 ano part o~ 8, Southold, ~Y~ County T~x Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final aoproval under New York Town Law, Section 280-A over the ex~sting private right-of-way, and (b) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Propeety: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (p'rev. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 1.00-119.2 for approval of the construction of hew]a~elling with an insufficient setback from nearest tidal'wetlands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY~ County Tax Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the 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 informa- tion, please call 765-1809. Dated: October 26, 1987.. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~..~.~.~.~.....u.?.~:.~ ..... PLEASE TAKE NOTICE that your application dated... ~..°~h...~.....~ ...... , 19 .~ ~. Location of Property ,...~ ..... ~.. ~.. ~~~ ......... ' Hou~ No. St~et Hamlet Co.~ty T~ Ma~ ~o. mOO S~ction .... ~.~ ..... moc~ ..... D~ ..... ~t . ~.. ¢. ~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~.'.~..~..~..~. .~.~. ~~. ½..~...oo. x~u.~~..~..~.. ............ ~ .... · ......... ~ .......................... :' .................. Building inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF: BUILDING INSPECTOR TO THE ZONING BOARD OF APPEAES, TOWN OF SOUTHOLD, N. Y: APPEAL NO.--~ ~-/~Ti DATE' ,..o...~.../...~./f~.. George P. Schade 335 Cedar Avenue 1. (We) ............................................................. :....of ............................................................................ Name of Appello,n~ Street and Number .... .S.o.~'~h.o.~.d, ........................................................................... ..,.N'~ ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IINSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...........~.~..~..c.~...1...2..,.....1..9...8..6. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) George P. Schade Name of Applicant for permit of 335 Cedar Avenue Southold NY Street and Number Municipality S~ate PERMIT TO USE PERMIT FOR OCCUPANCY' 1. LOCATION OF THE PROPERTY ....... .3..3..5.....C.~_d..A.r.....A..v.,,e,n.u..e. ............................... ..A..R...8.0. ............... Street Use District on Zoning Map 78 7 - 42 George P. Schade ...... -. ............................................. Current Owner 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 Ordi.nonce.) Art. I,Sec%ion 106-20 and Art. III, Section 100-31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance 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 previous appeal ~k(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) C~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~ unneces- sary HARDSHIP because 10ts in area surrounding this parcel are of the same size as this proposed subdivision of property. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because this p~operty is essentially twice the area of the surrounding lots on Cedar Avenue~ 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the neighboring lots are of equal size and character~ as the ~oposed subdivision. STATE OF NEW YORK ss COUNTY O , S.or to th,s .................... l...t ......... . Signature $OUTHOLD ~ROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT :REAGE TYPE OF BUILDING RES..., LAND NEW Farm ,.Tillable 1 Tillable 2 ZiliQble 3 Woodland Swampland Brushland House Plot Total SEAS. IMP. NORMAL i VL. TOTAL DATE BUILDING CONDITION BELOW ABOVE Acre Value Per Acre Value REMARKS //~-~_ g~z;,-~~ '~_~_~-~_~c~ /_~ FRONTAGE ON WATER FR___ONTAG ON ROAD DOCK . =~ Extension Extension Extension Foundation Basement Ext. Walls Fire Place Porch Porch Patio Bath Floors Interior Finish Heat Type Rooms 1st FJoor Rooms 2nd Floor Garage ~, DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN .~iay 5, 1988 DAVID HARRIS. M.D., M.P.H. Mr. & Mrs. Patrick J. Stigliani 7195 Main Bayview Road Southold, New York 11791 Subject: Board of Review Hearing - April 15, 1988 Proposed Subdivision of Stigliani Town of Southold (SCTM 1000-78-7-43) Dear Mr. Stigliani: At the hearing held on April 15, 1988, you had an opportunity to present you~ appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, tke Board denied the request for a variance for the 2 lot development. Article 6 is intended to protect water quality by establishing limits on density of population. Approval of this development will have an adverse effect on the groundwater. Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review RAV/pd CC: Walter G. Lindley Susan Wimdesheim Charles G. Lind Alfred J. Skidmore, Esq. - P.O. Box 521, Hicksville NY 11802 Town of 5outhold Planning Board Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February 3, 1988 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr. Re: Appl. No. 3514 George P. Schade Dear Mr. Raynor: This letter will confirm that the Board has considered your request for reconsideration of the above matter for the reasons stated. It is the unanimous position of the Board that the lot area figures given in 4G of the Board's decision were a typographical area and not an error in the judgment of the Board. The relief requested was understood to be as shown by the Survey Map amended May 11, 1987 prepared by Roderick VanTuyl, P.C. and was 26,492 sq. ft. for each lot, meeting 33% of today's minimum lot-size requirement (see paragraph 3 of Board's findings). Substantial new evidence concerning the property and area must be presented in your application/request in order to reopen the case for reconsideration, and New York Town Law, Section 267 indicates that an unanimous vote of the board members must be adopted before a rehearing is held. An unanimous vote to rehear same could not be reached as required and it was the consensus of the Board Members accordingly that a rehearing could not be held. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk BY HAND P. O. Drawer A Jamesport, NY 11947 January 7, 1988 / £ ~ i, Gerard P. Geohringer, Chairman Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 RE: Application of George P. Schade No. 3514 Dear Mr. Geoh~inger: I am in receipt of a copy of the Zoning Board of Appeals decision and feel that some errors have been made as a result of another decision adjoining this property on Cedar Lane, Southold. Please note Item 4G - the basis for relief of areas indicated in your decision is not tha~ a£ea of relief sought by Mc. Schade. We do not propose to reduce the size of the prope£ties .to 13,000 and 17,000 square feet respectively but rather £equest an area variance so that each of the progerties will be 26,492 square feet. This is ia conformity with the adjoining properties surrounding the applicants p£operty. Based on the error in Item 4G, the Board's reasoning for Iten 4H would be mitigated. Based also on Item 4G, Items 6A, the amount of relief, would be mitigated. This would also apply to Item 6E and 6G. I have requested Mr. Orlowski, Chairman of the Planning Board, to adjourn ou~ appointment pending your Board's review of these extraordinary circumstances that have befell my client. I am sure from the above reasoning it will be clear that the innocent error in this decision has the potential for i£reparable harm. I am su£e that justice will be more aptly served with a reconsideration by your Board. Sin,c~ely, Henry E.~aynor, Jg. ~ HER:ml Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 14, 1987 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr, Re: Appl. No. 3514 - George P. Schade (Variances) Dear Henry: Transmitted herewith for your record is a copy of recent findings and determination in the above matter. Yours very truly, the Enclosure Copy of Decision to: Building Department Planning Board Mr. George P. Schade GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski TRANSCRIPT,OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R-EGULAR'MEETING OF TUESDAY, NOVEMBER i0, 1987 Appl.-No.,3§14 i~, Applicant(s): George P. Schade Location of Property: West Side of Cedar Lane, Southold .County Tax, Map ID No. lO00- 78 , 7 - 42 Board-Members"present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Sawicki and ~oyen Absent was: (None) Also present were:. Victor Lessard (Building Dept. Linda Kowalski, Z.B.A. Secretary and approximately 20 persons in the audience. The Chairman opened the hearing at 7:50 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a Ropy of a map the most recent date from the?surveyOr is May 1, 1986~ndicating ~the vacant lot to be set off from approximately lot number one of 26,492 square feet and the house lot (again) is also a set of (which is lot number two) which is 26,492 square feet. Both'lots are approximately 100 by 265 variable. And I have a copy of the Suffolk County Tax Map indicating this and surrounding prQperties in the area. Mr. Raynor would you like to be heard? MR. RAYNOR: Yes. Mr. Chairman, members of the Board. 'He'~ry E. Raynor, Jr. I'm agent for Mr. George Schade and the premises in question is 335. Cedar Avenue, Southold. This proposed setoff meets all the Suffolk County Department of Health Services status with regard to water. .As well as the soil standards. The property has received approval from the Suffolk County Department of Health Services Boar~ of Review. I believe, filed With your Board are the sample test wei'l data, the Suffolk County. Department of Health Ser- vices Board of Review approval letter, ~ copy of the approved map, a copy of the'covenants and restrictions as requested of our ser- vices, An updated title report was given for change of title as well as the ff~ing, date. This property was initiated for a setoff before the Planning Board June 1986. · The Planing Board, at least in one of the versions of the Master Plan proposed, designates the area as one acre. It's the intent of the applicant to provide a building lot solely for that of his grandson. And as stated in the application, the lot size that is proposed, would be similiar to those in the surrounding neighborhood. The propoerty, as it exists today, is ~wice the size of those in his neighborhood. The approval of this variance would be in keeping with the character of the area. Page 2 - November Public Hearing Southold Z.B.A. 1987 ge Po Schade MR. RAYNOR (continued): His hardship presently continues as the applicant, Mr. Schade ' who is elderly, was building the home for his grandson adjacent to his property to aide his appropriate care in the future. I hope the Board will give it its utmost consideration. Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody who would like to speak in favor of this application? Anybody like to speak against the ap- plication? I'm not going to say it's a short evening. Because every time I do... I'm not saying that. Hearing no,further questions, I'll make a motion closing the hearing, reserving de- cision until later. Thank you sir. Ail in favor - AYE. P. O. Drawer A Jamesport, NY 11947 October 16, 1987 Southold Town Zoning Main Road Southold, NY 11971 Dear Sirs: Board of Appeals RE: Appeal No. 3514 Please find enclosed the map for the proposed set off of Schade at Southold which has been stamped by the Suffolk County Department of Health Services. HER:ml Enc. CC: S~incerely,~ ~nr~y E. Rayn~ ' Southold Town Planning Board Jamie Schade APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 23, 1987 Mr. Henry E. Raynor, Jr. P.O. Drawer A Jamesport, NY 11947 Re: Appeal No. 3514 - George Dear Henry: P. Schade (Variances) of your letter above matter. submitting This letter will acknowledge receipt with enclosures received yesterday in the We understand that the Town Planner m2y be a Planning Report soon. It is expected that the public hearing on will be held about the last week in be kept informed of developments. this matter October and you will Yours very truly, CC: Ms. Valerie Scopaz, Town Southold Town Planning GERARD P. CHAIRMAN By Linda Plenner Board GOEHRINGER Kowalski Southold Town Board of Appeals MAIN RDAD- STATE RnAD 25 GDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI INTER-DEPARTMENTAL MEMORANDUM TO: Planning Board FROM: Board of Appeals /~ Gerard P. Goehringer, Chairman DATE: September 15, 1987 SUBJECT: Planning Board Records and Report As you know, we continue to have applications pending concern- ing projects which will involve actions by the Planning Board under the Subdivision Regulations (Ch. 106) and Ch. 100, Articles XI and XIII of the Zoning Regulations (as to site, parking and cluster applications). Transmitted herewith are copies of surveys and County Tax Maps for the premises involved, and we request that you confirm the Planning Board's records in the following areas of concern: 1. prior or pending divisions of land by the Planning Board; 2. prior or pending site-plan actions, conditions, etc. by the Planning Board; 3. effects, if any, of the proposed project on Planning Board actions taken previously (paragraph #1 and #2 above); 4. prior recommendations concerning change-of-zone applications or other actions (by the Town Board) concerning this property. In the interim, we are conducting thorough investigations and will require additional documentation and proof by the applicant concerning nonconformities, etc. which may be questionable. P. O. Drawer A Jamesport, NY 11947 September 19, 1987 Southold Town Main Road Southold, NY Zoning Board of 11971 Appeals Dear Sirs: In regard to Appeal No. 3514 - George P. Schade, at Southold, New York, please find enclosed the following: 1. Copy of Water test results 2. Copy of letter from Suffolk County Department of Health Services Board of Review dated April 29, 1987 3. Covenants and Restrictions requested by Suffolk County Department of Health Services Board of Review 4. Up-to-date Title Report requested by Suffolk County Department of Health Services Board of Review HER:ml Encs. CC: Schade SUFFOLK COUHTY DKPAETNKET OF HEALTH SERVXCES DRXHKXNG WATER SUPPLY SKCTXOS Teac Wel! Saupl'~nE WELL Date Requested CJl¢ l (2) (9) ~pC/~L,,(' ~ (8) Com-,unity (7) Township Code TBA __ TBR TEH THU TIS V'"'TOS Appoin~menC Date Tim (30) Hap Coordinates TRI TStt TSI TSH (20) COHH NCOM ~'P RIV (14) District (13) Section (16) Block (17) Lot Well Driller Phone (1) Test Well # .. (23) Subdiv Lot ~ (31) Depth ........ (33) Depth to Water (42) Casing Size .. ~KLL IHFOUMATIOH 1 2 3 4 SAMPLE XNFORIIATIO! (51) Sample Date <54) Sample Tap (Il) Elapsed Run Time (24) Gallons Per Minute No Depth Sanitarian Sample Type __ Bact Partial Chemical +MBAS Small SCO J~i SC Pest Other Remarks Lab No. Field No. ~ Date: ¢~ --3 - ~' (= Time: ~ ~'f Col. By: ~ (Name not initials) Date Received in Lab Public Wate~ Private Water Other 't'l=$1' Date Completed Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Owner or Name ~;r'~'O~- ~'~' S ~--~f,~ iO E Distri~. / Point of Collection Remarks: (1) Results Reported as Micrograms Per Liter. Partial Free Ammonia (mg/I N) Nitrites + Nitrates (m~/t N) MBAS (mg/I) pH Spec. Cond. a/mho$/cm Chlorides (mg/I Cl) Sulfates (mgJl SO4) Iron ( mg3/t Manganese (m9/I Mn) Copper (mgJt Cu) Zinc (mg/t Zn) Sodium (mg/I Na) Nitrites (mg/I NJ Complete [] T.Hardness (m9/1 taCO3) T. Alkalinity (mg/I CaCO31 Ca Hardness (mg/T CaCO3) Mg Hardness(mg/I CaCO3) Arsenic (1) Selenium (1) Cadmium (1) Silva' (1) Lead (1) Chromium (1) Mercury (1} Flumide (mg/I F) Resample _.~ Barium (m9/I Ba) Total Hyd P(mg/1) DIRECTOR Fo~m No. PHL-1 Field No. ~ Time Col. ~ By Public Water · Private Water Other ~-~ f Date Completed Examined By ~_ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY TRACE ORGANIC ANALYSIS OF WATER Name ~~ ~g~' Owner or District / oi,t Coilectio, ComPound ppb Compound ppb_ 306 vinyl chloride ........ ,~ 250 benzene ................ <\ 305 methylene chloride .... . ~ 251 ~toluene ................ ~ \ 290 bromochloromethane ..... 258 chlorobenzene ........... · ~ 323 1,1 dichloroethane .... ~ ~ 259 ethylbenzene ............ z I 309 trans dichloroethyiene. . ~ 254 o-xylene ............... < ~ 300 chloroform ............ ~ 252 m-xylene ............... ,t 324 1 2 dichloroethane ; 253 p-xylene ~ 321 1,1,1 trichloroethane . I 255 total xylenes .......... ~ 3 hi 257 ' 04 carbon tetrac ortde... , ~ bromobenzene .... ....... ~ 29~ 1 bromo 2 chloroethane .I 266 o-chlorotoluene ........ . t 405 1,2 dtchloropropane .... ~ 267 m-chlorotoluene ......... ~ 310 1,1,2 trichloroe~hylene ~ I 268 p-chlorotoluene ........ . ~ 303 chlorodibromomechane ... ~ 265 total chlorotoluene .... 293 1,2 dibromoethane ...... ~ 419 1,3,5 trimethylbenzene . - ~ 420 2 bromo 1 chloropropane . ~ 418 1,2,4 trimethylbenzene . ~ 301 bromoform ~ 311 tetrachloroethylene ... ,~ 308 tis dichloroethylene .. 320 freon 113 ' 292 dibromomethane ........ 307 1,1 dichloroethylene 302 bromodichloromethane 406 2,3 dichloropropene .. 407 tis dichloropropene .. 408 ~rans dichloropropene 322 1,1,2 trichloroethane 415 m,p-dtchlorobenzene ..... .r 412 o-dichlorobenzene ....... ~32 p-dtethylbenzene ....... 435 1,2,4,5 teCramethylbenz' 437 1,2,4 trtchlorobenzene 438 1,2,3 trichlorobenzene . ~ 409 1,1,1,2 tetrachl'oethane . i 430 1,2,2,3 tetrachl'propane 295 s-tetrachloroethane ..... 431 1,1,1,2 tetrachl'propane ~ 433 1,2,3 trichloropropane . ~ t~b, UNTY OF SUFFOLK MICHAEL A. LOGRANDE April 29, 1987 Mr. George P. Schade 355 Cedar Avenue Southold, New York 11971 Subject: Board of Review Hearing - April 3, 1987 Proposed Subdivision of Schade, Town of Southold (SCTM 1000-78-7-42) Dear Mr. Schade: At the hearing held on April 3, 1987, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitte~ will groan the request for a variance and approve~h~ 2 lot development~ the new home to utilize a private welly~blic w~jji'lable, provided the applicant agrees ~~n~at~e connection to public water will be made as schemes available. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. RAV/pd Very truly yours, Rdbert A. Villa, P.E. Chairman, Board of Review CC.' Mr. W. Lindley Mr. C. Lind Mr. Henry E. Raynor, Jr. P.O. Town of Southold Planning Board Drawer A, Jamesport 11947 SUFFOL~mOIJNTY DEPARTMENT OF HEALTH SERI~ES 1ASTEWATER MANAGEMENT SECTION SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 NOTICE OF INCOMPLETE APPLICATION - SUBDIVISION Your preliminary/final plan submission for the below referenced subdivision or development has' been reviewed by this office. This office will require the following for further review: TO, E- REF.: ~reli ' F-lsigned Applications (enclosed) F'lWWM-023 (Application) I-IWWM-024 (EAF) rl~ Paper Prints C~]Topographic Survey r~Test Holes Located and Witnessed By: I')SCDHS inspector. Call 548-3312 for appt. I-IP.E./L.S. as per location instructions. I-]Other [~Test Well O Located & sampled by representative of this office. Call 348-2895 for appointment. (Test well does not indicate a waiver of requirement for connection to public water). O Other ['1Public water availability and cost letter from local water district. ~"lPublic water contract or covenant for extension of public water. F~Public sewer availability letter from local sewer district. Final Submission F'~Show on Final Maps: I-lTest hole locations/details I-ITest well locations/details I-)Sewer line locations/details, stamped and approved by local sewer district r-ISewage disposal locations/details for typical lot [3Water main locations/details ~P.E.'s/L.S.'s signature and seal The following is required prior to continuing review: [-1Board of Review determination letter. I-INon-compliance notice enclosed. FI Wetlands permit or determination lette~--~-F~. KISEQP~A determination letter from Town/State. ~L_~Filing fee check of $4.50 per lot at time of submission. ~ Recorded Copy Instructions enclosed ~Covenants: For Approval / ADDITI~L INFO~TI~ ~Y BE ~QUI~D PRIOR TO FIlL APPROVAL. PL~SE ~ A COPY OF THIS FO~ WITH ANY RE~BgISSI~. ~ WWM-025 (Rev. 1/86) TITLE INSURANCE COMPANY COMMONWEALTH LAND A Reliance Group Holdings Company 209W. MAIN STREET, P.O. BOX 419. RIVERHEAD. NEW YORK 11901 EASTERN SUFFOLK: 516-727-7760 Title F.'c. C--62B-1£5-S ANDREA RIVE ROBERT H GAFFGA Title Ofhcef MARIE"TTA JANE FOGARTY Rea~3er C~."!Ol~'?-~%L%~.: LkN~ TI."T,E IKSURAL~ CC~,IPA~ hereby certifies to the County of Suffolk that it has searched the records in the Suffolk County Clerk's Office for a period of 20 years last past for the purposes of determining parties who must consent to the fiiin~ of Covenants and Restrictions. Based on said records, the C~any has determ"ned that the only parties who must consent to said filing would be as follows: Dr. G. P. Schade, a/k/a George Palmer Schade, Sr., surviving tenant by the entirety. Fee Owner by deed in Liber 3518 cp 584 The C(~,pany's liability under this search is l'L..nited to $1,000.00. Dist.: 1000 Section: 078.00 Block.: 07.00 Lot: 042.000 Tax Search herewith Schedule A herewith - see attached Dated: 07/01/87 CC~.3::)N'~.AL'I~ LA.%D TI~.E //'/' /.. ~', ~ Vice President Branch Manager TITLE INSURANCE SINCE 1876 SC~ A ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINniNG at a point on the westerly side of Cedar Lane said point distant 217.02 feet northerly when measured along the westerly side of Cedar Lane from the corner for~d by the intersection of the northerly side of Bayview Road and the westerly side of Cedar Lane add frcm said point or place of beginning; PiH~/~INGTHENCE }brth 66 degrees 20 minutes 00 secondsWest along lands now or formerly of Grant and later lands now or formerly of Stisiiani 265.00 feet to lands now or formerly of Zebroski; THENCE North 25 degrees 05 minutes 30 seconds East along said i~c~lds 200.00 feet to the lands now or formerly of A. $chade; Th~.~2E South 66 degrees 20 minutes 00 seconds East along said lands 265.00 feet to the westerly side of Cedar Lane; THENCE South 25 degrees 05 minutes 30 seconds West along the westerly side of Cedar Lane 100.00 feet to the point or place of BEGINi~NG. FOR CO{~rv~EYANCING ~qLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described pr~nises, to the center line thereof. TAX SCHEDULE T.M. # 1000-078-07-042 DESC. PROP. 1.21ac. W N 5 Ass'd: Coumy G.P. Schade & Wife Suffolk Southold Town Soutbold (Not) Sd~l D~im No. 5 Ass~cl Valuation Di~t~itkm Land $ '1,900 Total $ 5,500 RETURNS 1986/87 Full Tax, $1,934.79. Paid 1st ½ 01/09/87 Paid 2nd ½ 06/01/87 Prior Paid QTS: 08/13/87 Water meter and sewer rcntal ct~rgcs accruing since ~hc date of thc IHt ~g aha btti.laln~ pm-lX~C or ,,.&...A watc~ fronta$c charge, sub~cqumtly DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this ~0 day of ~1 ~[J , 1987, residing at 355 Cedar Avenue, Southold, New York, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants anc~ restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development of the PREMISES. 2. As a condition for approval of the DEPARTMENT of such subdivision or development, the DECLARANT covenants that there shall be no conveyance of any portion of the property unless public water is extended to said lot if public water is available to supply said subdivision. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. -1- 4. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by alw or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part thereof, as though fully set forth. 5. The aforementioned Restrictive Covenants shall be enforceable Dy the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the written consent of the DEPARTMENT. 8. If any section, subsection, paragraph, cluase, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, held to be unconstitutional, the same whall of these covenants as a whole, or any other other than the part so adjudged to be illegal, unlawful, unconstitutional. unlawful, invalid, or not affect the validity part or provision hereof invalid, or -2- warrants employee, or agent of political party, with 9. Local Law #32-1980 - The DECLARANT represents and that he has not offered or given any gratuity to any official, the Suffolk County, New York State, or of any the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. noso -3- DECLARANT H.D. REF. SCHEDULE A DESCRIPTION OF PROPERTY Georse P. Schade NO. OR NAME OF SUBDIVISION set off of George P. Schade ALL that certain plot, the Town of Southold, bounded and described piece, or parcel of land situate, lying and being County of Suffolk and State of New York being as follows: BEGINNING at a point on the westerly side of Cedar Lane say point distant 217.02 feet notherly when measured along the westerly side of Cedar Lane from the corner formed by the intersection of the northerly side of Bayview Road and the westerly side of Cedar Lane and from said point or place of beginning; RUNNING THENCE North 66 degrees 20 minutes 00 seconds West along lands now or formerly of Grant and later lands now or formerly of Stisliani 265.00 feet to the lands now or formerly of Zebroski; THENCE, North 25 degrees 05 minutes 30 seconds East along said lands 200.00 feet to the lands now or formerly of A. Schade; THENCE South 66 degrees 20 minutes 00 seconds East along said lands 265.00 feet to the westerly side of Cedar Lane; THENCE South 25 degrees 05 minutes 30 seconds West along the westerly side of Cedar Lane 100.00 feet to the point or place of BEGINNING. -4- STATE OF NEW YORK) COUNTY OF SUFFOLK) On the ~O day of came George P. Schade, in and who executed the he executed same. J~/ 1987, before me personally # to me known'to be the individual described foregoing instrument and acknowledged that NOTARY PUBLIC ~,L: ,u,~ b~ C. 1ADur~cF, Y NOTARY PUBLIC, State of New York No. 52-4519999 Suffolk County O' C0mmi$$~n ~x.mr~s November 30, -5- Mr. Gerard P. Goehrinqer, Chairman Southold Town Zoning Board of ADDeals Main Road Southold, NY 11971 P. O. Drawer A JamesDort, NY 11947 June 25, 1986 Dear Mr. Goehringer: Would you please advise me of the schedulinq of the George Schade application and the Thomas Shalvev aDDlication, as the Planning Board sent same to your board by resolution at their June 23 meeting. HER:ml D T~ LD ~ Y 8outhold, N.Y. 11971 (516) 765-1938 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: George P. Schade Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board, Monday,June 23, 1986. RESOLVED that the Southold Town Planning Board -' refer the following comments to the Zoning Board of Appea~s with regard to the proposal for George P. Schade to set off 26,492 square feet from 52,984 square feet located at Cedar Lane, Southold: 1. The Board notes that the proposed lots would be greater or of approximately the same size as surrounding lots in the area. 2. The Proposed Zoning Map proposes this area to be R-40 which is one - acre residential. Please contact this office if you have any questions. cc/: Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 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. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 9, 1986 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr. Re: Appeal No. 3514 George P. Schade (Variances) Dear Henry: 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 nroceed with the [ X] Planning Board [ ] N.Y.S.D.E.C. [ X ] Co. Health Art. VI in order that they may~ submit their written comments or recom- mendations as early as' possible. Upon receipt of their input, your application will be scheduled for the next available hear ing date. If the above document(s) are submitted by mid-July, it is expected that the public hearing would be held about the middle 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 confirmation. Please feel.free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowal ski cc: Planning Board DEPARTMENT OF HEALTH SERVICES COUNTY OF SUF MICHAEL A. LoGRANDE ' IAR g 5 i987 DAVID HARRIS, M.D.. M.P.H. March 23, 1987 Mr. George P. Schade 355 Cedar Avenue Southold, New York 11971' Subject: Board of Review Hearing - March 6, 1987 Proposed Subdivision of Schade, Town of Southold (SCTM 1000-78-7-42) Dear Mr. Schade: At the hearing held on March 6, 1987, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board denied the request for a waiver for the 2 lot development until such time as public water is available to both lots. very ~ruly yours, Robert A. Villa, P.E. Chairman, Board of Review RAV/pd cc: Mr. W. Lindley Mr. C. Lind Mr. Henry E. Raynor, Jr. - P.O. Drawer A, Jamesport Town of Southold Planning Board 11947 Southold Town Board of Appeals -33- May 28, 19~6 Special Meeting (Public Hearing Set-Ups, continued:) 8:00 p.m. 8:05 p.m. 8:10 p.m. 8:15 p.m. 8:20 p.m. 8:30 p.m. 8:40 p.m. 8:45 p.m. 8:55 p.m. ALBERT J. BODENSTEIN; -ELEANOR LEONARD; - MARJORIE D. PETRAS; - RALPH AND LUCILLE STOCKER; - STEPHEN SHILOWZTZ;. - RICHARD AND RUTH ZEIDLER; - PORT OF EGYPT ENTERPR'ISES - PORT OF EGYPT ENTERPRISES - SAMUEL BAIL, (Variance); {Spec. Exception); Vote of the Doyen, Douglass and Board: Ayes~ Messrs. Goehringer, Grigonis, Sawicki~ This resolution was duly adopted. NEW REVIEW: Appeal No. 3496 - FREDERICK KOEHLER, JR. Variance to construct beach house/cabana structure within 75' of bulkhead. NE/s Old Harbor Road, New Suffolk. It was the coosensus of the board to hold this matter in abeyance before advertising for a hearing pending receipt of approval from the Suffolk County Department of Health Services for the septic and water hook-ups. NEW REVIEW: Appeal No. 3511 - KAPELL REAL ESTATE, INC. & ANO. Variance for approval of two parcels having insufficient area, width and depth. S/s Linnett St and N/s Brown St, Greenport. The board instructed the Secretary to hold this matt6r in abeyance prior to advertising for a public hearing pending receipt of approval.(or waiver) from the Suffolk County Health Department and input from the Planning Board (after compelte application and appropriate reviews). approval of l~ts having insufficien'~, width and depth. r Avenue, Southold. Board members instructed Secretary not et this matter up for a public hearing until approval or er has been received from applicant through the Health rtment and comments/input by the Planning Board after opriate reviews have been made. NOTICE OF HEAI~I~q~;~' / 7:50 lt~Appl. No. 3514-~ / C,,EO RGE p. SCHADF. NOTICE IS HEREBY GIV- ' Variances to the Zoning Or- EN, pursuant to Section 267 of dinance, Article Ill, Section the Town Law and the Code o£ 100-31. Bulk Schedule, for ap- the Town of Southold, the proval of the propos~.d insuffi- following hearings will be held ciera lot area and width of two 8:10 p.m. Appl. No.~682- GEOR ~U L'~II"A N. Special Exception to the Zoning Ordinance, Article Vlll, Section 100-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials by the SOUTHOLD TOWN BOARD O,F APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on TUESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. NO. 3677- ROBERT MOHR. Variances to the Zoning Ordinance, Article Ill, Section 100-31 Bulk Schedule, for approval of decks attached to dwelling with insuf- ficient rear and front yard set- backs, and Article Ill, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m: Appl. No. 3675- RICHARD MULLEN, Variance to the Zoning Or- dinance, 'Article VII, Section 100-71, Bulk Schedule, for per- mission to construct showroom addition with an insufficient frontyard setback from the north property line. Location ag Prnp.s. rty. r~,-,mer of.M~.~ and the East Side of Cottage. Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and t9. 7:35 p.m. Appl. No. 3674- RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I" General Business Zoning District. Loca- tion of Property: Corner of Main Road and East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684- WILLIAM AND VERA MOLCHAN. Variance to the Zoning Ordinance, Article 111, Section 100-32, for permission to locate accessory inground swimming pool, decks, and fence enclosure in the fromyard area (in excess of 300 feet from the front property line) at premises located along the m)rth side of Rulh Road (north of Sunsel Drive), Manituck. NY County ]'hx Map Parcel No the west side of Cedar Lane ~ ~ -g- ~n (west of SUmmit I}t-,acl'~ \poslte ~ounu ,a. venue, z.o e Par ' tocat on of Property: ~out~ eel No. 1~-78-7-42 ,,.~ · ...... ~ 7:55 pm Appl No 3673 ~ideofSoun~Aven~¢~orN~rtfi the Zoning OMinance, Article / %x Map Parcel No. 1~-141-3-41. XI, Section t~-119.2 for per- mission ro locate inground swimming pool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot No. 124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl No. 3680- LEONARDUS AND MARIE V. ANOUDENALLEN. Variance to the Zoning Ordinance, Arti- cle I11, Section 100-31, Bulk Schedule, for permission to con- struct addtion to dwelling with an insufficient setback from the struct addition to dwelling with an insufficient setback from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approx- imately 147 feet west of Little Peconic Bay Road, Nassau · Point, Cutchogue, NY, Coun- ty Tax Map Parcel No. 1000-111-14-7~ ' 8:05 p.m.' Appl. No. 3683- GEORGE. L. PENNY INC. Variance to the Zoning Or- dinance, Article X[, Section 100-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY; County Tax Map Parcel No. 1000-141-3-38.1. 8:15 p.m. Appl. No. 3678- DAVID LaFRENIERE. Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition to existing building with an insuf- ficient setback from the side (westerly) property line. Loca- tion of Property: Corner of Main Road and the V,&st Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I" General Business. 8:20 p.m. Appl. No. 3671- ANDRE AND THOMAS CYBULSKI~ Variance to the ~oning Ordinance, Article Ill, Section 100-30(A) for permis- sion to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residen- tial and Agricultural. Location of Property: West Side of Depot Lane, Cutchosue, NY; Co~n~ Tax Map Parcel No. 1000-96-5.1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679- ROBERT AND DOLORES S,CHISSEL. Vnr~anee for per- mission to construct open deck addition with an insufficient set- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, I~don Shores Map, LOt 9 and part of 8, Southotd, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl No. 3564- JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an in- sufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end ora private rightdof-way (traveled over lands of Bokina from the north side of Bridge Lane Ex- tension and Oregon Road ~in a northerly direction) to the ~ub- ject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672-- ANTHONY GAMBINO. ~g Or- dinance, Article XI, Section iOG-i19.2 for approval 'o~ tne construction of new dwelling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole Creek. Loca- tion of Property: East End of Lupron Point Road, Mattituck, NY: County Tax Map Parcel No. 1000-Il5-11-10. The Board of Appeals ,sill hear at said time and place ali persons or representatives desir- ing to be h~ard .in each of the above matters. Each hearing will not start before ~he time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please cult 765-1809. Dated: October 26, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR[NGER, CHAIRMAN Linda Kowalski, Board Secretar~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ~ .... weeks successively, commencing on the c~ ~'~ Sworn to before me this ......... ~ ......... day of ..... ...... Notary Public BARBARA FORBES iqot~ Public, 8taro o~ New York Co Q~J. ified in Su~olk County Page 34/The Suffolk Times/October 29, 1987 Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Cede of the Town of Seuthold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APp~Ai~-~_'" t a Regular ~4eet~at ti~.~outhold Town :fallen RO~I, Southold, New lrork~ on TUESDAY, NO¥~MBER 10, 1907 at the following times: 7:30 p.m. Appl. No. 3677 - ROBERT MOI-IR. Variances to the Zoning Ordinance, Article IH, Seetion 100-31, Bulk Schedule, for approval of decks attached to ~lling with insuf- ficient ~" .~.~.-front yard set- becks, an~ ~ HI, Section 100-32 f~ ~ of accessory garage ~ l~ated pertly in the sidoyder~ Location of Property: West Side of Wabesso Street, Seuthuld, NY; County Tax Mop Parcel No. 1000-78-3- 34.2. 7:35 p.m. Appl. No. 3675 - Var~l to the Zoning Ordi- nance';-Article VII, Section 71, Bulk Schedule, for permis- sion to construct showroom addi- tion with an insufficient fron- tyard setback from the north ~y line. Location of Prop- e~. Corner of Main Road and the East Side of Cottage Place, Seuthold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 - RICHARD MI~.LI~-N, Ji~ Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-I" General Business Zoning District. Location of Property: Corner of Main Read and the East Side of Cottage Place, Southold, NY, 1000-62-3- 19and20. 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article III, Section 100-32; for permission to locate accessory inground swim- mingpool, decks, and fence en- closure in the frontyard area (in excess of 300 feet from the front property line) at premises lo- cated along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY, County Tax Map Parcel No. 1000-106-J 3. ~ 7:50 p.m. AppL No. 3514 - GEORGE P. SCHADE. Vari- ances to the Zoning Article III, Section 100-31 Schedule, for approval of proposed insufficient lot and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Read), Seuthold, NY; County Tax Map Parcel No. 1000-78- ~-- 42. 7:55 p.m. AppL No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate ingsound swim- mingpool, decks and fence enclo- sure with an insufficient setback from the top of bluff along the Long Island Sound. Loeation of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 - LEONARDUS AND MARIE VANOUDENALLEN. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct addition to dwelling with an insufficient setback from the closest point of arc along front property line. Location of Property: North Side of Sailm~ Lane (a private road), approxi- mately 147 feet west of Little Peconic Bay Read, Nassau Point, Cutchogue, NY, County ~Tax Map Parcel No. 1000-111- 14-7. 8:05 p.m. Appl. No. 3683 - GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1, for permission to erect fence in the frontyard area at a height not to exceed 6ih feet. LO- cation of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY, Getmty Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INCJ JERRY SHULMAN. Special Exception to the Zoning Ordi- nance, Article VIH, Section 100- 80(B) for permission to use exist- ing storage building for wareh- ousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Location of Property: South Side of Sound Avenue (or North Road), Mat- tituck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appt. No. 3678 - DAVID LaFRENIERE. Vari- ance to the Zoning Ordinance, Article VH, Section 100-71, Bulk Schedule, for permission to con- struct addition to existing build- ing with an insufficient setback from the side (westerly) property line. Location of Property: Comer of Main Read and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I' General Busi- 8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Articl~ III, Section 100-30(A) for permisaion to utilize premises for book pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vato right-of-way for such use. Zone District: "A' Residential and Agricultural. Location of Property: West Side of Depot Lane, Cutehogue, NY; County Tax Map Parcel No. 1000-96~5- 1.2 and part of 1.1. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL. Variance for per- mission to construct open deck addition with an insufficient set- beck from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 and pert orS, South- old, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of- way, and (b) for permission to lo- cate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Rekina from the north side of Bridge Lane Exten- sion and Oregon Road in a northerly direction) to the sub- ject premises identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prey. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672 - ANTHONY GAMBINO. Vari. ance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of new dwelling with an insufficient setback from nearest tidal wet- lands and/or ordinary highwator mark along Deep Hole Creek. Location of Property: East End of Lupron Point Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-115-11-10. 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 ul- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5756-1TO29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll:J?l 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 free to call our office, 765-1809. Yours_ very CHAIRMAN linda Kowal ski Secretary and Board Clerk Enclosure Page 4 Notice of Hearings Southold Town Board of Appea!s Tuesday,~November 10, 1987 Copies to the following on or abuut 10/27/87: Mr. and Mrs. Robert Mohr, 37 Mt. McKinluy Ave, Farlaingvilld, NY and Mrs. Donald Lubov, 12/5 ~lakomis Road, Sauthold~ NY llg/1 and Mrs. Kerry Ellis, 33-51 60th PI., We~dside, NY Ii377 and Mrs. Michael Tisbo, Minne, hLhu Blvd, SouthoId, NY ii971 Mr M r. Mr. Mr. Charles J. Kevi Abigail John Bertani, 1380 Oakwood Drivu, Southold, NY 11971 (for Mui!cn Motur~ and Mrs. William Molchan, Box 1197, Ma[ti'~uck, NY 11954 Henry E. Raynor (Ageot for Geargu P. Schade), P.O. Drawer A, Jamesport, NY 119~7 Nick Mihalios~ 23-50 31st St, A;Laria, NY I~ID5 Gerry Herren (Builder lot L. VanOudenallun), Box ~(~()~, HaLtituck !i952 R. Cuddy, Esq. (Attorney for Penny I_t~lnbur) 180 Old Couotry Road, Box 15z17, Riverhead, NY l l901 n McLaughlin, Esq. (A(;torney for D. LaFreniere) 828 Front Street, Box 803, Brm~nport, NY 11944 A. Wickham, Esq. (Attorney for A. Cyhulski) Main Road, Box ~424, Mattitu<k, NY 11952 John Bertani, 1380 Oakwood Drive, Southo!d, NY ~1971 (for R. Sch~ ~;ul) Rudolph H. Bruer, Esq., (Attorney for J. Dempsey), Main Road, SouLnold Philip J. Cardinale, Esq. (Attorney for T. Dokina), Jamesport Center, Jamesport, NY 11947 Mr. Ted Bokina, Pinewood Road, Cutchogue, NY 11935 Stephen R. Angel, Esq., 10~ East Main St., Box 270, Riverhuad, NY llgUI (Attorney for M. Muri$hy) 119} Eric J. Bressler, Esq. (Attorney for A. Gambirio) Main Road, Box 1424, Mat~ituck, NY 11952 Mr. Anthony Gambino, 850 Deep Hole Drive, Mattituck, NY Mr. and Mrs. Joseph A. Esquirol, Jr'. 1350 Lupron Point Road, Mattituck, NY 11952 11952 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Personal Delivery Posted on Town HalJ Bulletin Board, Z.B.A. Buliutin Bo,~rd. Copies to Building Depar~ment, Planning Department, and Town Board Melnbers 10/27/87. Copies to ZBA Members with copies of files 10/'2~]/~7 (in Southold Town Board o£ Appeals MAIN RrlAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll~?l TELEPHONE (516) 765-1809 APPEALS BOARD November 10, 1987 MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E. Q. R. A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3514 PROJECT NAME: GEORGE P. SCHADE 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated 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 the proposed insufficient lot area and width of two parcels in this pending set-off division of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Cedar Lane, Southold, NY [000-78-7-42 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) The relief requested is not directly related to new con- struction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORmaTION, PLEASE CONTACT: Linda Kowalski, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; 765-1809 or 1802. Copies of this notice sent to the applicant or his on the Town Clerk Bulletin Board. Secretary, tel. 516- agent and posted mc OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 19, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 FEI,EPI4ONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3514 application of George P. Schade for a variance and accompanying papers as outlined in the letter of transmittal sent by Henry E. Raynor, Also included is the Notice to Adjacent Property Owners. Southold Town Clerk Jr. P. O. Drawer A Jamesnort, NY May 12, 1986 11947 Southold Town Zoning Board of Appeals Main Road Southold, NY 119'/1 Dear Sirs: Please find enclosed the notice of disamnroval from the Southold Town Building Department, the Appeal from Diclsion of Building inspector in triplicate, the Short EnvIronmental Assessment Form, the Wetlands Letter, four prints of the survey and the $75 annlication fee for the set off of George P. SchaGe. We have also filed with the Southold Town Planning Board and the Suffolk county Department of Health Services. Sincerelv, HER:mi Encs. P. O. Drawer A JamemDort, NY 11947 May 19, 1986 Southold Town Zoning Board of Appeal~ Main Road SouthoLd, NY 11971 Dear Sirm: Please find encio~ed a proof of mailinq of notice to adjacent property owner~ for the application of Georqe P. Schade. The first notice wa~ ~ent to Mr. Fritz on May 12, 1986 and was returned to u~. The Southold Town A$~e~orm office was able to give u~ a complete addremm and the ~econd notice wa~ sent on May 20, 1986. Sincerely, Menrv.~ /~. Rayngr HER:ml Enc. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter the Petition of or Geora~_ P. Scha~e : tO the 8oard of Appeals of the Town of 5outhold : TO: Mr. C±vde W. Fritz Manhasset New York 11030 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 2. That the prnperty which is the subject of the Petition is located adjacent to y. our property and is des- cribed as follows: 355 Cedar Avenue, Southold, i']ew York, also known as District lo00, Section 78, Block 7, ]~ot 42 3. That the property which is the subject of such Petition is located in the following zoning district: ARRrl 4. That by such Petition. the undersigned will request the following relief: set off 2b,492 sq. ft. 5. Thal the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I Section I~-?~ and Ar~ ITT H~c~_ 100-31 [ ] Section 280-A, New York lown Law for approval of access over right(s)-of-way. 6. lhat 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. (516) 765-1809. 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 12, 1986 f / Petitioner /J HENRY E~. RAY'OR, ,Tr. -Aqent Owners'Names: George P. Schade Post Office Address 355 Cedar Avenue Southold, NY 11971 AILING OF NOTICE 'D MAIL RECEIPTS ~DRESS p 329 228 411 STATE OF NEW YORK ) COUNTY OF SUFFOLK) _ eing du y sworn, deposes and says'that on the ..~a<f.~ day of ' ~ml' , 19 ¥~, , deponent mailed a true copy of the Notice set forth 0r~ the re- verse side' I~of, 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 1own of Southold; that said Nolices wc~e mailed a~ ti~e United States Post Of- fice at ~-~P~,~J~/~ .... ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~-~(:~ day of /Lf/C~ ~ , 19._.~ Notary Pu/blic does not have to .) be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of George P. Sc~ade to the Board of Appeals of the Town of Southold TO: Robert Schade Cedar Drive BOX 331 Sout~old, NY 11971 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfol!ows: 555 Cedar Avenue, So~thold, New York, also known as District 1U00, Section 7S, Block 7, Lot 42 3. That the property which is the subject of such Petition is located in the following zoning district: AR80 4. That by such Petition, the undersigned will request the following relief: set off of 26,492 sq. ft. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article I Sectionl06-20 & A~t III, Section 100~31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 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 may then and there examine the same during regular office hours. (516) 7~5-1809. - 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 Ihe 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 12, 1986 Petitioner HENRY E. RAYN~R, .TR. - A~ent Owners'Names: George P. Scnade PostOfficeAddress 355 Cedar Avenue Southold, NY 11971 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEiP~S ADDRESS RoDert Schade Clyde W. ~ritz Patrick Sti~liani Julius Zebroski Cedar Drive, Box 331, Southold, NY 11971 ~anhasset, NY 11030 50 Fleetwood Avenue, Mount Vernon, NY 10552 7375 Bayview Road, Southold, NY 11971 P 329 228 413 RECEIPT FOR CEF[~!FiED Robert Schad _ _ ~C~'a~.~ ~%ve., Box 331 .i southo STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Ma~qret Leonard , residing at Hortons Laner Southold, New York , being duly sworn, deposes and says that onthe J_2th day of May /.,-~/~ , 19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to eacl{ of the above-named persons at the addresses set opposite their respective names; that the addresses set oppnsite the names of said persons are the addresses of said persons as shown on the current assessment roll of the ]own of Southoid; that said Notices were mailed at the United States Post Of- rice at Jamesport ; ~.hat said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 12th day of ,.~ May /.), 19 86 Notary Public LOTI'IE U. ROh~A, INE NOTARY PUBLIC, Stale of New No. 52-3334625 - Suffolk Count: (This side does not }]ave to be completed on form tran';mitted to adjoining pro?erty owners. The N.Y.S, [nvironmentul tlujlity licvllc~ Act rc'quir¢~s sub- mission of t~ form, and an envtronmcnt~ re~iew will be made by this Bard before any action is t--dken (a) )n order to answer the questlcne in thl~ short £A? I~ 1~ a~euned that the preKarer wll! u~e currently available infor~attcn co~cernln~ the project and l~ke]y ~pact~ of the action. It ia not expected that a~dttior,~l ~tu,Jle~, ro~ear~h or other investigations will be tmdert~Xen, , : , (b) If any question hue been answered Yes tho prOJcct rJ7 be algnlf[cant and (c) I~ all questlon~ have been answered No kc ~m ~1ke1% tbmt thl~ project not (d) ~v~re~=ental 1. W~i project reset ~n ~ l~r~e phys~cak to the project site or phys!call7 ~ltcr more t~Jn 10 acres o~ l~ndO · ~ ..... Ye~ . ~ · ~. W~11 there be a ~J Jot chnn~e to an7 ~que or WLll project alter or b~ve a larze effect on a~ exlstln~ body of water? . . · , . &. Will project have a potentially large l:npacb on ~o,~cwater quality? . . · · · . . W~! project si~if!cantly 'effect 6. Will project affect .ny threatened or plant or anLv.%l ~pec~cs? ...... 7. W~l project reset In a ~aJor advor~e effect W~I project have a mm Jar effect on kno~ to be ~portant to thc co=.mun:t7? 9. Will project adversely ~pact any site or st~c~ utc of historic, prc-~lm:orlc, or pal6ontolog~cul importance or any site dominated a~ a critical enviro~cn~l area by a local ~onc7? 10. W~I project hove a ~mJor effect cn extst~g or 11. Will project result in mm Jar traffic problem~ 12. Will proJoct reg~arl7 cause obJectlonahle odor:, noise, glare, vibration, or ~lectrical dl3tur~ !). Will project have any imp. ct on public health or 1L. W~]I project gffcct tho exlJtln~ co~un~t7 by ...... I, ~. DATE: X Yea No Yes X No Yea X :(o Yes . X No Yea X !;o Yes X No X Yea Ye'* X X Ye s No X No To: Southo!d Town Board of A:p_~.i~~ ,~' ~ Main Road Southold, NY 11971 Appeal Application of _Georqe P. Schade Location of Prop~_.~: 335 Cedar Avenue, Southold, New York Dear Sirs: In reference to thc New Yorh State Tid~l Wetlands Land-use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be auz_.~e.~ that the subject property iQ the ~l=..~n appeal ~ ' (p~easu chuck ~e box) [ ] May be located , ''-:~' , ,~+ ,v~.._n 300 fc_~ o~ tidal h~w,~*~ve.,~ n_on:,~uc~ed*~ - ' along thc water-lying cd~e of this ..... -,-. ' p.u:.ur~y lc a bulkhead In very good condition and at least 100 fees in length. [ ] May b~ located "~ h{n ',,~ 300 ~+' of however, constructed a!onc the w of this prcperty ~s abu= ..... =~.. zn need of (,.mzncr) (major) repairs, and approxzm.,nel,/ fe_.,~,' in 1 e.,,~ ~h. [ ] May be located within 300 feat of tidal wetlands; however, constructed, along thc %~ater-lying eCge of this property is a bulkhead less than 100 feet in length. May be located ;.~ithJn 300 feet of tid~! wetlands: and there is no bul:ihead or c ..... 'on the premises. -Ix] not appear NOTE-. If proposed proa..'~,ct approval must be received anf] submit~Od to our office before.~ your application can be scheduled for a public hearing. Is not located within 300 feet of tidal wetlands to the best of my know!edge.* [:]tarred items (*) indicate your property doc~s to fall within the jurisdiction of thc N.Y.S. Sincerely ','ours, falls %,,it~un D.E.C. jurl,~dictlon, P. O. Drawer A Jamesport, NY May 15, 1986 11947 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Dear Sirs: Please find enclosed the notice to adjacent property owners with proof of mailing of notice for the aDDlication of George P. Schade. I believe this completes the file. If I am incorrect, please notify me immediately. HER:ml Enc. Sincerely, k' -7 C) k_k "/ MAp' [:;:;,'::::,',::;:::"~'"""mm",'" . I SUFFOLK COUNTY DEPARTMENT OF HEALTH SE~VIC~S "