Loading...
HomeMy WebLinkAbout3664 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3664 Application Dated August 26, ]987 TO: Patricia C. Moore, Esq. Edson & Bruer as Attorneys for ANA G. STILLO Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 28: ]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 [ ] [ ] Ix] Article , Section Request for Variance to the Zoning d~ance Article , ~c~ig~ "'".~ ~'=~'~'~"%"~-- Request for Action to Rescind Prior Decision and Prior Condition of Record (App]. Nos. 3562 & 36]9) Application of ANA G. STILLO for a Variance to rescind prior decision rendered under Appeal No. 3562 on December 11, 1986 for a conditional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing right-of-way approximately 100 feet to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. WHEREAS, a public hearing was held and concluded on October 8, 1987 in the Matter of the Application of ANA G. STILLO under Appl. No. 3664, 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 a described parcel of land containing a total area of 3.2 acres which extends at the northerly end of a private 20' right-of-way 300.43 from the northerly side of the Main Road, Orient, Town of Southold, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2. By this application, applicant requests permission rescind Condition No. 2 rendered under the area variances granted April 2, 1987 under Appl. No. 3619, and to rescind to (CONTINUED ON PAGE TWO) DATED: October 28, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3664 Matter of ANA G. STILLO Decision Rendered October 28, 1987 the conditions under the access variances granted December ll, 1986 under Appl. No. 3562. 3. As an alternative to the above conditions, the applicant will proceed with the Planning Board for approval under New York Town Law, Section 280-a, over a nearby right-of-way situated approximately 100 feet of the previous right-of-way. The alternative right-of-way appears to have been under the purview of the Planning Board in other minor subdivision projects. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of ANA G. STILLO under Appl. No. 3664, SUBJECT TO THE FOLLOWING CONDITION: Acceptance and approval by the Planning Board under New York Town Law, Section 280-a, as agreed, for this two-lot set-off/division of land in lieu of the above-mentioned Board of Appeals Conditions. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. lk Messrs. Goehringer, Grigonis, This resolution was duly adopted. GERARD P. GOEHRINGER, O~q~IRMAN RECEIVED AND FILED BY THE $OUTHOLD TOWN CT.~.P~ DATE // ~' ¥7 HOUR~. ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting aC the Southold Town Mall, Main Road~ Southold, New York, on THURSDAY, OCTOBER 8~ 1~87 at the following times~ 7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/~87). 7:40 p.m. Appl. No. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 p.m. Appl. No. 3668 GERARD C. KEEGAN. Variance to the Zoning Ordina.~e, Article ×I~ Section lO0-ilg.l'(C) for appr6v~al of construction of fence in the easterly frontyard ~rea at a height of six feet° Location of Property: ~6st Side of Founders Path and East Side of Hobart Road, Southold~ NY; County Tax Map Parcel No. 1000-64-4-10~ Founders Estates Lot 39. 7~0 ~om. Appl. No. 3657 CLYDE FRITZ. Variance to the Zoning :Ordinance, Article !I~ Section 100~31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Applo No~ 3663 - MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section I00-30 for approval of sign as exists Of excessive si~e in this "A-40" Residential and Agricultural Zoning District 'and advertising "Landscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.Ro 48)~ Peconic, N~; County Tax Map Parcel No. 1000-69-4-i.3 8:10 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES. (Recessed from 9/10~87)o -~ 8:15 p.m. Appt. No. 3593 and No. 3659 - ~UIET MAN INN. (Both hearings recess6d'from 9/lq/87) 8:25 p.m. Appl. No. 36~ - AN. A ~ ST~L[~Oo Variance to rescind deci§ion rendered under Appeal No~,3562 on December 11, 1986 conditional'approval under New York Town Law, Sectio~ 280za,/ ~eleting Condition No. 2 of prior decision ren.dered unoer pe~l No. ~619 on April 2, 1987~ and as an alternative being ubject to New York Town Law~ Section 280-a over the existing~ Page 2- Notice of Hearings Southold Town Board of Appeals October 8, t987 Regular Meeting aight-of-way approximately 100 ft. to the east of ~he subject i§ht-of-way (approved or to be approved and accepted by the lanning Board for this set-off division of land)~ located lena the north, side of Main Road~ Orient, NY; County Tax Map ~....~District 1000, Section 14~ Block 2, Let 26.and Lot 12.2.~ 8:35 pom. Ap~l. No° 3670 - ROBERT H. FREY. Variance to the Zoning Ordinance, Article Xi, Section 100-119.2 for per- mission to locate open deck construction with an insufficient setback from existing bulkhead at Harbor Lights Estates, 10, Southold, NY; County Tax Map Parcel No. Section I, Lot 1000~79-04-08~ 8:45 p.m. Appl. Nee 3669 - MICHAEL AND ELIZABETH [ADEMANN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article ×I, Section i00-119.2 for permission to locate new dwelling with insufficient setbacks from ~he northerly front property line along a private a right-of-way and from the nearest wetland grasses, premises known and referred ~to as Lo~ No. 1, Map of Blum and LitteIl~ ~ocated along the East Side of Stillwater Avenues Cutchogue, NY; County Tax Map Parcel No. 1000-103-1-19.6. 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: September 28, 1987. B~ ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRI~GER~ CHAIRMAN Linda Kowalski~ Board Secretary Notice to Newspapers: Please publish once, to wit: October 1987, and forward six affidavits of publication on or before October 6th to: Board of Appeals~ Main Road~ Southold, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..~...~. ~{ ........... , 19 · ..~..o.~.'.. g..a ......................... . ~ .~.~.~.....~. fl .,. ! ./?.7.~. ..... PLEASE TAKE NOTICE that your application dated ...~.o...A....e~... ~ .~'.. ...... ,19 .9.¢.. ..x~..: '~4.~. for permit to .............................................. at h3ds~ h/o] ...... v ...................... Subdivision Filed Map No Lot No is returned herewith and disapproved on 'the following grounds. 0~2~.~....-%...~-~.~./..oh: ..~:~ .~.. - ,~x-~ .~..~ ' ~..~....-~.~. g. ~.\ .......... .......... Building ~nspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~.~.~)~2._ D^TE ............ 1, (We) ..AN.A.-G......$~.I-AA~g ................................. of ...{.No~--.~o~be~e.t.]..<~..R~a~l, ...................... Name of Appellant Street and Number ................ su:Ef.~sn, .............................................................. N...~' ................... HEREBY APPEAL TO Municipalit,/ State THE ZONING BOARD OF APP LS FROM THE DEC,S'ON OP THE BU'LD NG ,NSPECrOR ON APPLICATION FOR g~O~ant-- Land ) DATED ..3/2548J~ .................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) · Ru d.o .lph...~I., ...B.r..~, e.~. ........................................ Nome of App icont for permit of .... ( ix! o.#..)...I'4 a£n,. ~ o.a.d.,... S.ou .t.h o/,d.,...N..,~. ....................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VACANT LAND C.O. & PER~{ZT TO DIVIDE 1, LOCATION OF THE PROPERTY ~N/.`s.~...M...a~.i..n~"...R..d..:.!~.N."Y.~.~R..t..:.~.2.~5~.!.~...~.~..`A.:3.~R~.~.~.~.~.: ....... Street Use District on Zoning Map .................................................................................. Current Owner AiqA g. STILLO Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section a~d Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article ITI, Section 100-31 & Article I, Section 186-20 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appellant seeks permission to create three (3) an area less than required by present zoning. building lots, each with (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practica] difficulties or unneces- sary HARDSHIP because Appellant would be unable to divide this 3.2 acre parcel to create three (3) building lotso 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because This property, which is restricted under the current two-acre zoning~ lies just west of two (2) existing, approved "one-acre" subdivisions. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The character of the district is formed in part by the aforementioned one-acre subdivisions, and as the spirit of the ordinance is to govern continuity within a district, this variance would not be in difference with that intent. STATE OF NEW YORK ) ~ '1 - COUNTY OF SUFFOLK ) Signature Sworn to this .............. ~...~...~.. ...................... doy o{ .................. 19 86 ~ARY DIANA FOSTER ~0TARY pUBLIC, State of New Yort( No. 52-4655242, Suffolk Ceunty ~.~mmis~Jo~ ~pires hlarch 30, ~ ~ OWNER FORMER OW~ NER ,ES. ,EAS. LAND IMP. NORMAL Acre AGE qEW FARM l'illable Tillable 3 .~oodland Swampland kushland House Plot ;TREET S I SOUT~OLD pROPerTY R~CO~D ~G~ -~ su~. TYPE OF BUILDING LOT YE TOTAL ~200o / ~,RM DATE ./ COMM. CB. MISC. Mkt. Value REMARKS BUILDING CONDITION BELOW ABOVE Value Per Value Acre 3 ~." :RONTAGE ON WATER FRONTAGE ON RuAD DEPTH ILKHEAD Total -~) ~ X DOCK TRANSCRIPT.OF HEARING SOUTHOLD TOWN BOARD OF APPEALS R'EGULAR'MEETING OF THURSDAY, OC~©BER ~, 1987 Appl.-No..3664 Applicant(s): ANA G. Location of Property: .County Tax..Map ID No. Board-Members'present Members: STILLO N/s Main Road, Orient 1000- ~ - were: Chairman Goehringer P. Grigonis, Dougalss, Doyen and Sa~icki. Goehringer, Absent was: (None) Also present were:. Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8:52 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: The next ~peal is No..3664 on behalf of Ana G. Stillo.--Is there anybody~ao would like to be heard? Mrs. Moore. MRS. MOORE: Actually, I'm here more to answer any questions.. I believe the letter speaks for itself. We are requesting that you rescind the 280A access by that 20..ffot right-of-way to the west and grant 280A over the right-of-way which is for the Brokoff property which was approved for the Brokoff property in which we' have a right to by way of that deed that was enclosed in that let- ter. CHAIRMAN GOEHRINGER: Please excuse me if I don't remember grant- ing that right-of-way... I thought it was done by the Plann%ng Board. MRS. MOORE: Rardon me. It could b~ the Pl.anning Board. CHAIRMAN GOEHR. INGER: Could you supply us with the conditional ap- proval of the Planning Board on the right-of-way so that we know exactly what..~.~..,~ MRS. MOORE: Sure'. CHAIRMAN GOEHRINGER: I mean, I don't remember it but it doesn't mean that we didn't do it. I don't think we did though because it's outside the subdivision. MRS. MOORE:' It was within the subdivision. It was within the Brokoff subdivision. I can g~t that for you. Page 2 - October 8~987 Public Hearing - A~G. Stillo Southold Z.B.A. CHAIRMAN GOEHRINGER: Good. I thank you. Is there anybody else who would like to speak for or against this application? Hearing no further comment, I make a motion reserving the decision until later. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD'- STATE RnAD 25 sr3UTHOLD, L.I., N.Y. 31973 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGFR, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS .JOSEPH H. SAWlCKI Patricia C. Moore, Esq. Edson and Bruer Main Road Southold, NY 11971 November lO, 1987 Re: Appl. No. 3664 Ana G. Stillo Dear Pat: 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. Please be sure to return to issuance of any permits or other be applicable. the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Buildin§ Department Planning Board GERARD P. GOEHRINGER CHAIRMAN , By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. 119'/1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice October 8, 1987 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAILATION of Determination of Non-Significance APPEAL NO.: 3664 PROJECT NAME: AN~ G. STILLO 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 simit~r project. TYPE OF ACTION: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION:Rescind prior decision for conditionsl 280-a and deleting Cond. #2 of Appeal #3619, and as alternative being subject to 280-a over the existing ROW LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s Main Road, Orient, NY .1000-14~2-26 & 12.2 ~ 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 an application concerning use over an existing traveled right-of-way and for requirements satisfactory for emergency access. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southotd, 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 ,®gal Notices NOTICE OF HEARING ~,[OTICE IS HEREBY /EN, pursuant to Section 267 '.~e Town Law and the Code of , Town of Southold, the follow- ~ hearings will be held by the ;L~THOLD TOWN BOARD AppEALS at a Regular ~ting at the Southold Town !I, Main Read. Southold. New k, on THURSDAY, aC- ;GER 8, 1987 at the following ~s: ~:35 p.m. Appl. No. 3651 - 'AN KAMEN. (Recessed .tO pm. Appl. No. 3592 - 145 p.m Appl. No. 3668 - ~{ARD C. KEEGAN. Var(- · lc XI. Section I00-119.1(C) of Cedar Lane, Southold, IlO CASTELLI. Variance ,e Zoning Ordinance, Article .%ction 100-30 for approval his "A-40" Residential and · ultural Zoning Distriet.~o ,~dvertising "Landscaping & Sprinklers I~[prever Green." Location of P~l~rty: South Side of North Road (c.g. 481, Peconic. NY; County Tax Map Parcel No. 1000-69-4-1.3. 8:10 p.m. AppL No. 3653 - NORTH ROAD i AS- SOCIATES. (Recessed from 9/10/87). 8:15 p.m. AppL No. 3593 and No. 3659 - QUIET MAN INN. (Both hearings recessed from 9/10/87L .A8:25 p.m. AppL No. 3664 -% NAG. STILLO. Variance to rescind prior decision rendered under Appeal No. 3562 on De- cember 11, 1986 for a condi- tional approval under New York Town Law, Section 280-a. and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2, 1987. and as an alternative being subject to New York Town Law, Seac- tion 280-a over the existing right-of-way approximately 100 ft. to the east of the subjcact right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division ol land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block ...?, Lot 26 and Lot 12.2. 8:35 p.m. Appl No. 30~ ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor IAgh~s Estates, Sec- tion 1,~ Lot 10~ Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND ELIZABETH~ LADEMANN. Variances to the Zoning Ordinance, Articl~ Ill, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with in- sufficient setbacks from the northerly front property line along a private a right of-Jd~i and from the nearest we~ ferred to as Lot No 1, Map of Blum and [.ittell, located along the East Side of Stillwa~er Av- enue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-1- 19.6. The Board of Appeals will hear at said time and place all ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted riot to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: September 28, 19~;7. BY ORDER OF TIlE SOUTtlOLD TOWN BOARD OF APPEALS GERARD P GOEHRINGER, CHAIRMAN Llnda Kowalsk~. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ?l~i~ti~a COD t~l] t:o of said County, being duly sworn, says Principal Clerk of THE SUFFOLK TIP Newspaper, published at Greenpor: of Southold, County of Suffolk and York, and that the Notice of which a printed copy, has been regularl~ said Newspaper once each wee' weeks successively, commencing C dayof Oct o~}(~ r 198 Principal Sworn to before me this day of 19 · .' MA NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be beld by the SQUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY. OCTOBER 8. 1987 at tbe following times: 7:35 p.m. Appl, No. 3651- ~. (Recessed from 9/10/87). 7:40 p.m. Appl. No, 3592- BENTE SNELLENBURG. (Recessed from 8/20/87). 7:45 p.m. Appl. No. 3668- GERARD C. KEEGAN. Variance to the Zoning Or= dinance, Article XI, Section 100.119~(C) for approval of con- struction of fence in the easter- ly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road; Southold, NY; County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. 7:50 p.m. Appl. No. 36fl7-~ CLYDE FRITZ. VarianCe.to, th,- Zoning Ordinanc~ Article 111, Section 100-31 for approval of iqsuff:cient lot area, width, and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold, NY;, County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 of an acre. 7:55 p.m. Appl. No. 3663- MARLO CASTELLL Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30 for ap- proval of sign as exists of ex- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WA[CttMAN, 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 ...................... Sworn to before me this ..................... da> ol ...... .......... 8:35 p.m. Appl. No. 3670- ROBER'r H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open deck con. struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669- MICHAEL AND ELIZABET~I LADEMANN.t~' Variances to the Zonin8 Or- dinance, Article 111, Section Notary Public cessive size in this "A-40"' Residential and Agricultural Zoning District and advertising/ "Landscapigg & Sprinklers by Forever Green:' Location of Property: South Side of North Road (C.R. 48), Paconic, NY; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl No. 3653- NORTH ROAD ASSOCIATF~ (Recessed from 9/10/87). 8:15 p.m. Appl. No. 3593 and No. 3659- QUIET MAN INN. (Both hearings recessed from . 9/10/87). 8:25 p.m. Appl. No..3664- AN.~ G. STILLO. Variance to rescind prior decision rcndercd under Appeal No. 3562 on December I1, 1986 for a conditional ap- proval nnder~lqew York Town Law, Section 280-a, and ddeting Condition No. 2 of prior deci- 100-31 and Article Xl, Section I00-119.2 for permission to locate new dwelling with insuf- ficient setbacks from the nor- therly front property line along a private right-of-way and from the nearest wetland grasses, · premises known and referred to as Lot No. I, Map of Blum and Lirtell, located along the East Side of Stillwater Avenue, Cut* chogue, NY; County Tax Map Parcel No. 1000.103-1-19.6. The Board of Appeals will hear at said time and place all · persons or rcpresentatives 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 bearing. For more information, please call' sion rendered under Appeal No~ 765-1809. 3619 on April 2, 1987, and as a~, Dated: September 28, 1987 alternative being subject to New ,4~ BY ORDER OF THE York Town Law, Section 280.a' i\ : SOUTHOLD TOWN over the existing riehl-of-wa,., vA BOARD OF APPEALS · ~ -'" ' GER approximately 100 ft. to the east ~\ ARD P. GOEHRINGER, of the subject right-of-way {ao- [ \ CHAIRMAN proved or to be approved al~d [ \ . Linda Kowalski, accepted by the Planning I~ard [ \ Board Secretary for this set-off division of land), [ \ · IT-I0/1/87(65) located along the north side of I~'\ /~ Main Road, Orient, NY; Coun-] ly Tax Map District 1000, Sec- ] tion 14, Block 2, LOt 26 and Lot , / 122 ~ Southold Town Board of Appeals MAIN R{3AD- STATE RnAD 25 SaUTHDLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 tr~l~L,~ ~ G'ERARD P. GOEHR~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 3 - Notice of Hearings N6tification List ZBA Regular Meeting 10/8/87 Copies to the following 9?29/87: 03101 Mr. Dean Kamen and Mr. James R. Maher, 340 Commercial St., Manchester, NH Mr. John H. Thatcher, Jr. President, F.I. Conservancy, Box 553, FI 06390 Mr. John H. Thatcher, Jr., Box 132, Green Village, NJ 07935 Mr. George Campbell, Director, Mashantucket Land Trust, Box 178, Ston- ington, CT 06378 Mr. Charles B. Ferguson, President, ?he Henry L. Ferguson Museum, Fishers Island, NY 06390 Justice and Mrs. Joseph J. Snellenburg II, Private Rd, Southold 11971 Philip J. Cardinale, Esq., Jamesport Center, Jamesport, NY 11947 Mrs. Donald E. Dean, 9 Yorke Road, Mountain Lakes, NJ 07046 Mr. and Mrs. Gerard C. Keegan, 151 Brixton Rd, Garden City, NY 11530 Mr. George Marrone, Cartlandt Manor Road, Katonah, NY 10536 Rudolph H. Bruer, Esq. Edson & Bruer, Main Road, Southold, NY 11971 Patricia C. Moore, Esq. as Attorneys for Mr. Clyde Fritz, North Road Associates, Ana G. Stillo, and Kevin Knobloch (Marlo Castelli Matter) Mr. John J. Munzel, as Attorney for Mr. Mario Castelli 548 Roanoke Avenue, Riverhead, NY 11901 William D. Moore, Esq., as Attorney for Quiet Man Inn Main Road, Clause Commons, Suite 3, Mattituck, NY 11952 Mr. and Mrs. Robert H. Frey, 20 Hewitt Road, Rockville Centre, NY 11570 Michael J. Hall, Esq., as Attorney for Mr. and Mrs. Michael Lademann Youngs Avenue, Southold, NY 11971 Z.B.A. Chairman and Members Southold Town Planning Board Supervisor F.J. Murphy Building Inspectors and Town Planner Posted on Town Clerk Bulletin Board and ZBA Office Wallboard Personal Delivery to the Suffolk times and L.I. Traveler 9/29/87 a.m. Southold Town Board of Appeals MAIN RI-lAD STATE RnAD 25 ~DUTHnLD, L I., N,Y llSI?I TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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. Page 2 - Planning Board Inter-Departmental Memorandum September 15, 1987 Re: Planning Board Records Input At our Regular Meeting held last Thursday, it was the unanimous agreement of the Board Members to urge the Planning Board to reflect in its report for our file only those areas normally within the jurisdiction of the Planning Board. The Board indicated that they would not want the Town record to reflect two different positions on a zoning matter in the event an Article 78 is commenced, particularly if the positions taken are assumptions, unclear, or perhaps at some time improper, or without sufficient evidence. Our records must be inclusive and supported by substantial evidence, and we do not encourage recommendations by any other agencies which are under our authority, particularly a claim that one's application may have been prejudiced by attempts to influence or pre-judge an application. Our authority is of a quasi-judicial status separate and distinct from the other Town Departments. Your response as requested above will be accepted most appreciatively. Thank you for your assistance. GG:lk Copies of County Tax Maps and surveys for the following projects are attached: 1. Theodose Trataros and Eraklis Apodiacos (as to subdivision regul.) ~ 2. Ana G. Stillo (280-a condition relief request) 3. George Schade (as to subdivision regul.) 4. North Road Associates (as to 280-a outside subdivision and its effects on subdivision's 280a inside subdivision). [Z.B.A. r-o-w limited to length of 171.4± feet]. JUDITH T. TERRY TOWN CLERK C,I~TR^R OF VITAL 5TATIgTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 26, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3664 , application of Ana G. Stillo 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. Judith T. Terry Southold Town Clerk~; Southold, N.Y. 11971 (616) 765-1938 August 17, 1987 Mr. William Price, Esq. Attorney at Law 828 Front Street Greenport, NY 11944 Re: Minor Subdivision for Frank Stillo at Orient SCTM # 1000-14-2-30. Dear Mr. Price: Th~-following action was taken by the Southold Town Planning Board, Monday, August 10, 1987. RESOLVED that the Southold Town Planning Board accept the final inspection report from the Engineering Consultants, Sidney Bowne, approving the access road within the minor subdivision of Frank Stillo, now Brokaw, et. al., SCTM #~ 1000-14-2-30. Enclosed is a copy of the report for your information. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIP~4AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. August 24, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3619 Ana G. Stillo Dear Sirs: Please accept this letter as our formal application requesting a modification of the action taken by the Board on April 2, 1987. On that date, the above-referenced appeal was granted conditional approval. I am enclosing a copy of that approval for your reference. We hereby respectfully request that the second of the three conditions listed ("Conditions rendered under Appeal No. 3562 concerning the pending 280-A status") be modified by reason of the availability of an alternate, approved access to the lots in this subdivision. I enclose herewith a copy of deed recorded in Liber 9857 cp 181, made by Frank Stillo to Bennett Brokaw. Please refer to Schedule A therein which describes the right of way reserved in favor of property owned by Aha Gregori Stillo. I have also delineated same on a copy of the approved subdivision map. 280-A access over this right of way has been granted by the Town Planning Board under application of Brokaw, the road improvements inspected and approved. Our clients will utilize this approved access to service the subject property. Improving the access under Appeal No. 3562 is no longer necessary or desirable. In addition, by not improving same there will be one less curb cut along State Road #25. Southold Town ZBA -2- August 24, 1987 Please modify condition #2 of your decision under Appeal No. 3562 to indicate the desired access. Our check in payment of your application fee ($150.00) is enclosed. Kindly schedule this application to be heard at your earliest available meeting date. Sinc .e.r~e~y/v f// ) Encs. ' cc: Southold Town Planning Board Mr. and Mrs. Frank Stillo BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of ANA G. STILLO to the Board of Appeals of the Town of 5outhold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petitio/p_ the~rd/of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) QOther)/ [circle choice] Modification of previous action of the Ztrrri~g Board of Appeals ). 2. That the property which is the subject of the Petition is located adjacent to your property and is dh- cribed as follows: N/~ Main Road (N.Y.S. Rt. ~25). Orient, N.Y. ~ Suffolk Co. Tax Map: District 1000, Section 014, Block 02, Lot 026 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential/Agricultural 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: a modification of the Zoning Board's decision rendered under Appeal #3619 to indicate of alternative access to this property. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [~ Section 280-A, New York Town Law for appr0va] of access over ri§ht(s)-0f-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 ma)' then and there examine the same during regular office hours. (516) 7~5-1809. Main Road, P.O. Southold, N.Y. (516) 765-1222 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: August ~ ~,"'1987 ANA G. STILLO, by Rudolph H.Bruer Petitioner Owners'Names: Ana G. Stillo Post Office Address Rudolph H. Bruer, Esq. Box 1466 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. George Malls BLBD Enterprises 174 Onderdonk Avenue Manhasset, N.Y. 11034 Mr. and Mrs. Fotias Kikiras c/o William H. Price, 828 Front Street Greenport, N.Y. 11944 Esq. 30-14 41st Street Astoria, N.Y. 11103 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Mary Diana Foster , residing at (Nog) McCann La., Greenport, NY , bein8 duly sworn, deposes and says that on the ~ay of AucJust ,19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) ]~r~:e~) mail. Sworn to before me this day of August ,19 87 Notary Public 00NNA M. CHITUR NOTARY PUBLIC, State e! New No. 4851459, Su~lk Count)c_. Term Expires August 18, 19~T (This side does not have to be completed on form transmitted to adjoining property owners.) V~dney B. Bowne, P,E., LS. (1922-1959) Chester C Kelse¥, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. $1an{on, P.E. Robert W Brown, LS. Zabdiel A. Blackman, P.E., L.$. George A Style, P.E Jerry D AImont, P.E. George L Fagan, Jr, Ph D, PE Frank Capobianco, CE. Thomas R Pynchon. L.$. SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 July 24, 1987 Rog~' L Cocchl Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Final Site Inspection, Bennet Brokaw (formerly Frank Stillo), Orient, Town of Southold, N.Y. (SBB NO. 87127) Gentlemen: A final site inspection was conducted on July 21, 1987. Present were Mr. Raymond Dean and Mr. C. S. Heffernan, both from this office. We find that the constructed access road is in conjunction with the Town of Southold requirements and recommend acceptance. Very truly yours, SIDNEY B. BOWNE & SON CONSULTI NG~ CSH:clg cc: Ray Jacqbs RECEIVED BY SOUTHOle ]Oi'ii NIHG MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER MAiN