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HomeMy WebLinkAbout3603 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONF (516) 765-1809 AcTioN oF T.E ZON .[ ! THE SOUTHOLD TOWN Appeal No. 3603 I Application 'Dated January 8, ]987 TO: M~. James [. C~oss . ~App$~llant(s)] Main Road, Box 730 I Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on April 2, 1987, 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 ~aw, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section lO0-31, Bulk Schedule [ ] Request for Application of JAMES CROSS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area (78,408 sq. ft.) of parcel proposed to be set-off in this pending division of land. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.5. WHEREAS, a public hearing was held and concluded on March 5, 1987 in the Matter of the Application of JAMES CROSS under Appeal No. 3603; 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. 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 insufficient lot area of 78,508 sq. ft. of proposed "Parcel 1" in this pending set-off division of land. 2. The premises in question is situated with a frontage of 436.35 feet along the north side of the Main Road at Cutchogue, and contains a total area of 28.458 acres. Parcel "l" to be set-off has a lot width (frontage) of 187.60 feet, and the remaining Parcel "2" has a frontage along the Main Road of 248.75 feet. The entire 28.458 acre-parcel is identified on the Suffolk County Tax Maps as District 1000, Section 109, Block 1, Lot 8.5 and is zoned "A-80" Residential and Agricultural. (CONTINUED ON PAGE TWO) DATED: April 2, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3603 Matter of JAMES E. CROSS Decision Rendered April 2, 1987 3. Abutting Parcel 1 along the proposed 283.96-ft. easterly line as shown by the survey mapped April 3, 1986 by Roderick Van- Tuyl, P.C. is an existing 16± ft. right-of-way extending in a northerly direction from the Main Road. Also existing is a substantial freshwater pond which starts at a point approximately 100 feet north of the property line along the Main Road (upon Parcel 2). 4. One of the reasons lending to the difficulties in this case is the narrowness of the lot down to 80 feet at a point 345.95± feet from the Main Road and extending north. The right-of-way is shown to be along the existing bank of proposed Parcel 1, and the applicant prefers the right-of-way to remain on Parcel 2. 5. It is noted for the record that by letter dated March 4, 1987, the Southold Town Planning Board recommended a 50-ft. wide easement over the Lowe property, directly abutting Parcel 1 along the north side, and 50 feet of the applicant's property, to the Main Road. The applicant has confirmed that Mr. Lowe was not in agreement at this time to consider such a proposal, and no additional input was received from the Planning Board concerning their letter. 6. This Board is in agreement with the reasoning of the applicant in the general layout of this proposal; however, one of the requirements in granting this variance is that the applicant/owner reserve in writing an easement a total width of 40 feet within the existing right-of-way area, for a total length of 283.96 feet, if necessary in future applications. 7. It is also noted for the record that proposed Parcel consists of varied contours ranging from 35± feet to 15± feet, and is presently vacant land. In considering this appeal, the board also finds and determines: (a) the percentage of relief requested is not sub- stantial in relation to the requirements, being a variance of approximately 19%, or 1492 sq. ft.; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the character of the neighborhood; (d) the relief requested is not unreasonable under the circumstances; (e) there is no other method feasible for appellant to pursue feasibly; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by allowing the variance, as condi- tionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance of the insufficient lot area of 78,508 sq. ft. of proposed Parcel 1 in this pending set-off division of land as applied und~.r Appeal~ No.' 3603 in the Matter of the Application of JAMES CROSS,lSUBJECT TO THE FOLLOWING CONDITIONS: 1. An executed covenant reserving a total 40-foot wide easement in the area of the existing driveway for a total length of 283.96 feet; 2. New construction shall be as regulated under Column "A-80" for this Residential and Agricultural Zoning District. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C(~/~IRMAN April 17, 1987 ~ ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant ~o Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTNOLD TOWN BOARD OF APPEALS at the Southold Town Hall~ Main Road, Southold, NY at ~ Regular Meeting~ THURSDAY, MARCH'5, 1987 at the following times: 7:35 p.m. (Recessed from 2/5/8~). Addition to nonconforming dwelling structure exceeding 50% of fair value. 265 Rochelle Place,r Mattituck, NY; 1000-144-04-9 & 8. Appeal No. 3590 - THOMAS AND CATHERINE ZIMMERMAN x~ 7:40 p.m. Appeal No. 3603 - JAMES CROSS. Variance ~o the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for iapproval of insufficient tot area (78,408 sq. ft.) of parcel proposed to be set-off'-in this pending division of lan~ Location of Property: North Side of Main Road, ~.~_.Cutcbogue, NY; County Tax Map District 1000, Section 109, ._~ Block l, Lot--8.5. 7:45 p.m. Appl. No. 3610 CAROL A. BARTHOLOMEW. Special Exception to the Zoning Ordinance for permission to establish "Bed and Breakfast" use, incidentiat and subordinate to the proposed single-family dwelling use, i~ accordance with the requirements of Article II~, Section 100-30(B)[16]. Location of Property:--7015 Wickham Avenue, Mattituck, NY; County Tax Map District lO00, Section 107, Block 5, Lot 4. 7:50 p.m. Appeal No. 3612 PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at rear of dwelling!with an insufficient setback from wetlands along Great Pond a~ 7455 Soundview Avenue, SouthOld, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:00 p.m. Appeal No. 3511 KAPELL REAL ESTATE INC'. and LIMPET CORP. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient (1.) lot area, (2) lot width, (3) 'ot depth of two parcels ~n this pending division of land. Location of Property: Linett and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map Distric~ 1000, Sect~ion 48, Block 3, Lot 25.1. Page 2 Notice of Hearings Southold Town Board of Appeals R~gular Meeting - March 5, 1987 8:05 p.m. Appeal No. 3608 RICHARD F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-112(I) for per- mission to utilize subject premises for a paved parking area for the employees of Mullen Motors, an established business abutting this parcel along the north side. Zone Districts: Partly "A" Residential and Agricultural and "B-l" General Business. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District lO00, Section 62, Block 3, Lot 19. 8:10 p.m. Appeal No. 3592 BENTE SNELLENBURG. Variances to the Zoning Ordinance, Articles: (1) XI, Section lO0-119.1(B) for appr6val of eight-foot height of fencing along the easterly property line a length of 72± feet; (2) XII, Section lO0-141, AppeaOing the November 6, 1986 Older to Remedy Violation which mandates a building permit-for new'fencing along the easterly property line. Location of Property: Private right-of-way extending off of the east side of South Harbor Road known as Private Road No. 10, or Old Woods Path, Southold, NY; County Tax Map Parcel No~ 1000-87-2-21. 8:20 p.m. Appeal No. 3611 - RAYMOND AND ELEANOR KERESTER. Variance to the Zoning Ordinance, Article III, Section 100-31; Bulk Schedule for approval of insufficient lot width of three parcels,'ea~h'cOntaining 4.6± acres, in this pending minor subdivision. Location of Property: West side of Paradise Point Road and north side of North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-81-1-25. The Board of Appeals will hear at said time and place all persons or representatives dQsiring 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 information, please call 765-1809. Dated: February 23, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ....(~-~-:~.. J. ~. ......... 19. ~.~.. for permit to ~: )~..[.'.o~: .~...( .... 7 .~,t.' Location of Proper~ ~ ~o~ '" ~ ~' '~ ......... ~ ................ Street Hamlet County T~ Map No. 1000 Section ... ). ~ ~ ..... Block ... ~.l ....... ~t . .~.. ~ ~7... Subdivision ................. Filed Map No ................. Lot No .................. is ~eturned herewith and disapproved on the following grounds..~.. :~..~M-. ~P4,;>~ ./p.b..-.~. p .~.. :~~...~. ~.%...~.. ~~.~: ...... · ?.~..'.&....~.. ~.,.¥ .: .~.,.. ~- :~..~.%... ~.~ ~ ~. ..~..~. ~..~.~..~...~. ~..~..¢. ~)~..~..~.~ .... Building Inspector RV 1/'80 ~JAN 0 ~ 1981 TOWN OF SOUTHOLD, NL~V YORK ~ ~ DECISION OF BUILDING INSPE~OR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y, ~, (v~) ......~..~.,~.~:.s......£,...~r.~.~.s.. ............... of ............. ,~...~.~ ................................ Name of Appell~r~t Street and Number ~"~'"~"'/~ ii Y ..... '~":'"~/~State ............. HEREBY APPEAL TO It THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APP~,C^T, ON FOR PERM,T NO ..................................... DATE~) ~t.~./Z/~ ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ,. LOC^T,O~ oF THE PROPERTY ..~...~.d. ........................... ~, ........ - ~.~..~.~.~rr~..~~ Street U[e Distric~ on Zonifig Map ...... L.o...~ ..................... 0...~ .......... ~......~..2 ........... c~ o~ ~ /V~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paraflraph of the Zoning Ordinance by.number. Do not/quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (,~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Towh Law Chop. 62. Cons~ Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect tor this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for e variance aha was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'orm ~]sl (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~ /. 3 The Variance would observe the ~spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D STR CT because , / . -- STATE OF NiEW YORK ) _ ~7'~.~......&:~......./ ...%.C COUNTY OF~/~' ) Signature Notary Public ~Lo. 52-c235770 TOWN OWNER FORMER OWNER VL. STREET OF $OUTHOLD PROPERTY RECORD CARD /,~_ W ~ TYPE OF BUILDING COMM. CB. MICS. Mkt. Value RES. / ~.C9 I SEAS. I LAND IMP. TOTAL DATE REMARKS Woodland Meadowlad~?¢ House Plot Total OO FRONTAGE ON FRONTAGE ON ROAD DEPTH BULKH~D VILLAGE FORMER OWNER RJ~S. SEAS. .AND IMP. VL, TOTAL N ~ /~/u~. S 'd W COMM. DATE REMARKS ~'/~ ~,,6 CB. MICS. TYPE OF BUILDING" -_ ~'~ ~ ..... ;;-c . Mkt. Value AGE NEW FARM rillab]e %adowbnd louse Plot NORMAL BUILDING CONDITION BELOW ABOVE Velue FRONTAGE ON WATER FRONTAGE ON ROAD Acre Value Per Acre DEPTH BULKHEAD ~__ . DOCK Extension Extension · COLOR' TRIM - · Extension Foundotlon t//? Basement Ext, Wails Bath Floors Interior Finish Dinette Garage Total Fire PLace 0"'_0 ] ,~Dprmer 3o54 Heat Rooms 1st Floor Rooms 2nd Floor Driveway i~5,.7 o! b~ '7, .,G.O7 D4 ..G, ~D ,/ SMITH, FINKELSTEINi LUNDBERG, ISLER AND YAKABOSKI November 16, 1988 Mr. James E. Cross Main Road Cutchogue, New York 11935 Re: Southold Town Acquisition of Development Rights Dear Mr. Cross: The enclosed letter dated November 10, 1988, from Gerard P. Goehringer, Chairman of the Southold Town Board of Appeals, clarifies and confirms that it was not the intent of the ZBA to require an executed covenant for a 40 wide easement once the Farmland Acquisition Project was finalized, however the condition imposed by the ZBA may arise again in the event of a future application to the ZBA in connection with this property. Provided you are willing to accept this clarification, the Town is prepared to proceed with the acquisition of the development rights using the enclosed survey prepared by Roderick Van Tuyl, dated December 17, 1987 as amended February 16, 1988. This survey shows an acquisition of 25.669 acres. In accordance with the option agreement, the purchase price per acre is $6,200.00. Prior to any seller expenses, the purchase price would be $159,147.80. If you find this in order, kindly contact me or have your attorney contact me, so that we may clarify other objections raised by the title company and then proceed to a closing. Very truly yours, SUSAN POST ROGERS SPR:dmr Enclosure Cc: Phil Cardinale, Esq. Gerard Goehringer, Chairman, Southold Town Board of Appeals Bennett Orlwoski, Jr., Chairman, Southold Town Planning Board ~ ~ Southo!d Town Board of Appeals ~'~ ~°~° ~ ~°~ ~ ~°~°~'~:~"o~;~,~/;~L APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, .JOSEPH H. SAWlCKI JAMES DINIZIO, JR. November 10, 1988 Francis J. Yakaboski, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski 456 Griffing Avenue, Box 389 Riverhead, NY 11901 Re: Appl. No. 3603 - James Cross Property ID #1000-109-1-8.5 Dear Frank: Continuing on your recent inquiry through our office, this letter wi. ll confirm the fact that Condition No. 1 will apply only in the event the property owner(s) should make a future application to the Town for a division of land or other development {to increase dwelling-unit density). It was not the intent of this Board to require an executed covenant for a total 40 feet in width once the Farmland Acquisition Project was finalized, nor did it appear to be the intent of the Planning Board (see preliminary comments of the planning Board dated March 4, 1987, attached.) At the time of the April 2, 1987 determination, the Farmland Preservation Project did not appear to be in an "official" status. We hope that this letter will assist you. lk Enclosure cc: Office Yours GERARD P. GOEHRINGER CHAIRMAN of the Planning Board T :LD Y Southold, N.Y. 11971 (516) 765-1938 March 4, 1987 Gerard P. Goehringer Chairman Southold Town Zoning Board of Appeals Town Hall Southold, NY 11971 Re: James E. Cross Dear Mr. Goehringer: It was discussed by the Planning Board at the February 23, 1987 meeting that a recommendation to the applicant in the above mentioned proposal would be to consider obtaining an easement over the Lowe property to get at least 50 feet of access to the remaining property of Mr. Cross. It was also noted that if all of the land on Main Road were included in the parcel to be set off, a variance on the lot area would not be needed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Fred Krespach PO Box 2026 Aquebogue, NY 11931 September 16, 1987 Board of Appeals Town Hall Main Rd. Southold, NY 11971 Re: Appeal #3603 James Cross Gentlemen Allow us to introduce ourselves regarding the above appeal. Our names are Fred and Helene Krespach and we are the contract purchasers of proposed parcel #1 as depicted on survey map of set-off proposed by James Cross and mapped April 8, 1986 by Roderick Van Tuyl, ~C. We do understand how this proposed easement came into being, but much has changed since that time. The very land you feared to develop to the north of parcel #1 will never be developed because the land to the north is being put under the Town's Farmland Preservation Program. Further, the easement as proposed serves no purpose in that it "dead ends" into the Lowe property, and Mr. Lowe states emphatically, he will not tolerate an easement on his property. At this juncture, all you have succeeded in doing is to severely deface a beautiful rolling, wooded hillside which in some respects is counter-productive to the very thing Southold Town is trying to do, "preserve the Town beauty, keep a country atmosphere". Helene and I now have nearly all of our paperwork to apply for building permits. The Board of Health is about complete and the DEC is complete. Gentlemen, we need your "OK" to remove this easement that we may move forward and start construction of our single-family home. $O - 2 - As you may note from the attached artist's depiction of our house, much work and money will be expended in beautifying our front grounds and we should not be happy to have them torn up. We should also mention, our builder is threatening abandon us unless we can give him the go ahead. Our present home is sold so it is critical to start construction posthaste. to In closing, we should like to take this opportunity to thank you for any help you can give us. Always remenber, there are laws already in place to widen roads in the future if it is ever necessary. We believe they come under "emminent domain". Thank you so very much for your kind indulgence. Most respectfully Fred Krespach Helene Krespach pc Orlowski Goehringer Grigonis Doyen Douglass Sawicki Cross Cardinale File ba!.h, are .c. luster~[[toge!her. Family ac- tiwt~es will take p--lace m the spacious living room. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 11, 1987 TELEPHONE (516) 765-1892 Mr. James E. Cross Box 1730 Cutchogue, New York 11935 Re: 1000-109-1-8.5 Main Road, Cutchogue, New York 11935 Dear Mr. Cross: Pursuant to your letter of September 9, 1987 requesting a determination of jurisdiction for the construction of a single family residence on the property referenced above please be advised that the Bay Constable has inspected the property on September 11, 1987 and has determined that no permit is required as long as all work is done in accordance with the survey submitted and dated August 27, 1987. Please be advised that this determination is not a determination made for any other department or agency that may have jurisdiction in this matter. Kindly contact the Southold Town Building Dept. for a determination on the need of any other Town Permits that may be required for this project. If this office can assist you in the future, please do not hesitate to contact this office at the telephone number listed above. HPS:ip Attachments cc: Bldg. Dept. Planning Board Board of Appeals Trustees file Very truly yours, Henry P. Smith, President Board of Town Trustees Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (5'16) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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~ly.~ .~ ~ G'ERARD P. GOEHRINGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk )(~0 6' '~CLARATION OF COVE?~A~TS AND RESTRICTI0~S FOR JA~ES E. CROSS This Declaration, made the 19th day of October, 1987, by James E. Cross, residing at (no #) hain Road, Cutchogue, New York 11935. WITNESSETH WHEREAS, James E. Cross is the owner in fee simple of certain premises situate at Cutchogue, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 109, Block 1, Lot 8.5 and as more fully described in the attached "Sshedule A" and WHEREAS, the Southold Town Planning Board, by Resolution made on ~ay 11, 1987, approved the set-off of an 78,500 square foot parcel from 28.5 acres located on Main Road.shown on mad of Roderick Van Tuyl P.C. dated April 3, 1986, and amended June 25,- September 9, and September 17 of 1987. WheREAS, the Southo~d Town Planning Board approved said set-off subject to certain Covenants and Restriction~ to be filed in the Office crf the Clerk of the County of Suffolk. NOW, T.UEREFOP£, in compliance with the Resolution of said Southold Tow~3.~ Planning Board, Declarant herein declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: e There shall not be any vehicular ingress and egress on Main Road for Parcel 1. Said restriction shall be noted on the map to be filed in the County Clerk's office. An ~asement shall be created to provide for a common driveway to serve as access on 5~ain Road for Parcels 1 and 2 to minimize the number of points of ingress and egress along the road. All driveways on ~a~cel 2.shall have an angle of at least ?0© and preferably 90 w~th Ma~n Road, the state road. All stormwater runoff resulting .from the development and improve- ment of th~s subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow onto the right-of-way of Main Road. A buffer or conservation easement'at least 50 feet in width shall be established on Parcel i along Main Road to help preserve the natural vegetatio~ along the road, particularly ground cover, so as to enhance the aesthetics of the road, contribute to the pre- servation of residential amenities from traffic activities and noise, and to help minimize the erosion potential. No new residential Structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shore- line of the pond on the property. No stormwater runoff resulting from the development and improve- ment of the subdivision or any of its lots~1 be discharged directly into the pond on the property. 11 Erosion and s~diment contro~ measures shall be required during and, immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into the wetlands within the property. All prospective owners of lots within this subdivision shall be advised that this subdivision is~located within one mile of Mattituck Air Base and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. !0. All residential structures that are erected within this sub- division shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Develop- ment ~,othRr.a~thgrity that has_promUlgated standards for STATE OF NEW YORK CountyofSuffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Rec~ord) DO HEREBY CERTIFY that I have compared the annexed copy of/~~ and that it is a just and true copy of such original .,.,,,/.~ ~ and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this ~-~ dayof ~ .17 /'2 . · ~/' ,'~ ~0 Clerk. Form No. 104 ~-~,~: ~4 NOTARY PUBLIC NElL W. TONER Notaq PuBic, State of Ne*. Ho. 41~54162 ~ualified in Suffolk Cour 'Beginnihg at a monument on the northerly line of Main Road at the ' southwesterly corner of land of Conrad Alec, and running thence along said northerly line of Main Road two courses, (1) S. 59o 59' 20" W. - 206.33 feets thence (2) S. 72° 27' 40" W. - 230.02 feet to land of Bagenskl, thence along said land of Bagenski two courses~ (1) N. 24° 00' 30" W. - 142.07 feets thence (2) N. 26° 25' 50" W. - 198.05 feet to land of Wm. Lowe, thence along said land of Lowe five Courses, (1) N. 84° 22' 10" E. - 357.82 feet; thence (2)' N. 2° 17' 30" E. - 61.99 feets thence (3)~ ~. 20° 51' 20" ?,~. - 112.36 feet; thence (4) ?7. 3l° 17' 10" W. - 134.31 feet; thence (5)' £. 63° 34' 10" ~. - 345.13 feet to land of Bagenski, N. 26° 25' 50" W. -'114.26 feet; thence continuing along °amc land of Bagenski and along land of Cross, N. 25o 54' 30" W. - 1018.64 feet; thence continuing along said land of Cross, N. 25° 40' 00" W. - 264.50 feet to land now or formerly of Suter; thence along said land, N. 27° 11' 00" ~l. - 829.88 feet to land now or formerly of Eurkowski; thence along said land, two courses~ (1) N. 73° 52' 10" E. - 306.84 feets thence (2) N. 56° 45' 20" E. - 70.56 feet to land now or formerly of Island Vineyards; thence along said land, seven courses: (1) S. 27o 52' 20" E. - 1266.42 feet; thence (2) N. 62° 07' 40" E. - 100.0 feets thence (3) S. 27° 52' 20" E. - 370.0 feet; thence (4) N. 62° 07' 40" E. - !125.0 feetl thence (5) S. 27° 52' 20" E. - 70.0 feets thence (6) N. 62o 07' 40" E. 75.0 feet; thence (7) 8. 27° 52' 20" E. 587.63 feet~to land of George Alec; thence along said land, two courses, (1) S. 66° 02' 50" W. - 300.70 feets thence (2) S. 24° 34' 10" E. 310.89 feet to land of Conrad Alec~ thence along said land, Sg '28° 58' 00" E. - 140.0 feet to the point of beginning.~ Containing 28,5 acres. Subject to a right-of-way running from the southwesterly corner of land of Lowe southerly along other land of Cross, 280 feet, more or less, to ~.~ain Road, said right-of-way being 10 feet wide at said i~-~ of Lowe and 25 feet wide at ~:~ain Road.' Liso subject to an additiona : ~tin~ ~ ~o~ ~ ~rovidin~ for a total ~ ....... .~a~ ~ n~n ~ ~' ~ ~ - ~- ;'4 · D LD Southold, N.Y. 11971 (516) 765-1938 March 4, 1987 Gerard P. Goehringer Chairman Southold Town Zoning Board of Appeals Town Hall Southold, NY 11971 Re: James E. Cross Dear Mr. Goehringer: It was discussed by the Planning Board at the February 23, 1987 meeting that a recommendation to the applicant in the above mentioned proposal would be to consider obtaining an easement over the Lowe property to get at least 50 feet of access to the remaining property of Mr. Cross. It was also noted that if all of the land on Main Road were included in the parcel to be set off, a variance on the lot area would not be needed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary I{NVI RONNENTALS 730 Cutchogue, N.Y. P!arch 14, 1987. 11935 Planning Board Town of Southold Southold, N.Y. 11971 Dear Sirs, In your letter of 3/4/87 to the Zoning Board of Appeals re- garding my application for a variance and set off, is a re- commendation to obtain an easement from the adjacen%, %~illiam Iowe, for fifty foot of access to the main part from the property to the north. 7 r. !owe wa~ contacted and he expressed no interest in grant- ~nq the suggested easement. It was difficult for me to ex- ?]sin to him the current need for this easement because I do not understand it myself. U'irst of all, the approval of the requested set off would not change or affect the ability of the Planning Poard at some future time to excercise proper control over access to the re~ining property to the north. It ~oulc pi~asant aillside. stand of namental i~ply eventual destruction of the existing quite appearance of the way the access road fits into the It would also imply destruction of the beautiful larce native trees and the no~ well established or- plantings along the v~estern side of the road. it ~ou~o also create a significant maintenance problem from the adcitional moisture and frost vhich would bleed onto the road from the very steep cut into the hillside required for en- ]~:rgement to the v'est. The present position of the road does n~-r e~iminate but does minimize this problem. ~hen this access road was made suitable for regular year a- round use twenty years ago, the pond to the east was com- pletely dry and the high water bank was located considerably to the east. A drag line bucket was employed to dig out the area and build a more elevated road base along the west side. This land east of the access road is owned by me and it is very unlikely that I would seperately sell off my only access to route 25. It is available for an easement to the east. It is a safe assumption that some future owner who would come before the Planning Board for permission to subdivide would own this same land. Should this entire 26 acres be accepted by the Town's Farm- land Preservation program, it would assure continuation of the existing wholesale nursery business on an economically practical basis entirely aside from the covenent restricting t~use to agriculture. In most respects, this 26 acre piece of land is ideally suited to its present use and the front portion where the pond and access road are located, serve as a pleasant visual buffer for the eyes of our neighbours and passers by. The reason for wishing to sell the front S.%~. corner is to help secure financially the continuance of the present use of remainder of the property. Very truly yours, s E. Cross JEC/jc cc ~oning Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L,I., N.Y. 11cJ?] APPEALSI]OARD March 5, 1987 MEMBERS TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A o CHARLES GRIGONIS, JR, SERGE DOYEN, .JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3603 PROJECT NAME: JAMES CROSS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of insufficient area (78,408 sq.ft.) in this pending set-off. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knpwn aS:Main Road., Cutchogue, NY 1000-109-1-8.5 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) Tke relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEAS~ CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals~.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CRAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLA$S JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- -~TATE: ROAD 25 SOUTHOLD, L.I., N.Y. 119'7'1 TELEPHONE (516) 765-1809 February 2, 1987 Mr. James E. Cross P.O. Box 730 Cutchogue, NY 11935 Re: Appeal No. 3603 (Variance) Dear Mr. Cross: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as.may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [XX] Planning Board [ ] [ ] 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 hea~ ing date. If the above document(s) are submitted by mid-February, it is expected that the public hearing would be held about the latter part of February. 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, CC: Planning Board Building Department GERARD P. GOEHRINGER RMAN / ,, ~Ky'~ Linda Kowalski NOTICE OF H~EARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public ~ will be held by the SouTHOI~D TQWN BOARD OF APPEAI.g at the Southold Town Hail, Main Road, Southold, NY at a Regular Meeting, THURSDAY,. MARCH 5, 1987t at the follow- lng times: 7:35 p.m. Appeal No. 3590- THOMAS AND CATHERINE ZIMMERMA~ (Recessed from 2/5/87). Addition to noncon- forming dwelling structure ex* ceedng .50er0 of fair value- 265 Rochelle Place, Mattitock, NY; 1000-144-04-9 & 8. ' 7:40 p.m. Appeal No. 3603- JAMES CROSS, Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area (78,408 sq. ft.) of pareel~ proposed to be scl-off in this pending division of land. Loca- tion of Property: North Side of Main Road, Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.5 7:45 p.m. Appeal No. 3610-CAROL A. BAR-. THOLOMEW. Special Excep- tion to the Zoning Ordinance lbr permission to establish "Bed and Breakfast" use, incidental and subordinate to the propos- ed single-family dwelling use, in accordance with the re- quirements of Article Ili, Sec- tion 100-30(B)[16]. Location of Property: 7015 Wickham Avenue, Mattituck, NY; Coun- ty Tax Map District 1000, Sec- tion 107, Block 5, Lot 4. 7:50 p.m. Appeal No. 3612- PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at rear of dwelling with an insufficient set- back from wetlands along Great Pond at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, LOt 8. 8.'00 p.m. Appeal No. 3511- KAPELL REAL ESTATE INC. AND LIMPET CORp, V~riaoces to the Zoning Or- dil~ancg Article I11, Section 100-31, Bulk Schedule for pr0val of insufficient (1) lot area, (2) lot width, (3) lot depth of two parcels in this pending division of land. Location of Property: Liner and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map District 1000, Section 48, Block 3, Lot 25.1. I~JJouNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she Editor, of THE LONG ISLAND TRAVELER-WATCI Variance to the Zorfing Or- dinance, Article XI, Section a public newspaper printed at Southold, in Suffolk and that the notice of which the annexed is a printec has been published in said Long Island Traveler-Wal once each week for ............. ./... successively, commencing on the '~'~'~ ....... Z ..... ,19 .- .... Sworn to before me this ~-cf~ ........ ..... .C7. Notary Public BARBARA FORBES lqotary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~:~7.3 / 19 ~, 100-112{1) for permission to. utilize subject premises for a paved parking area for the employees of Mullen Motors, an established business abutting this parcel aiong the north sidg Zone Districts: Partly "A" Residential and Agricultural and "B-I" General Business. Loca- tion of Property: East Side of Cottage Place, Southold, NY; County ~ Map Distr/ct 1000, Section 62,. Block 3, LOt 19. 8:10 p.m~ Appeal No. 3592- BENTEii SNELLENBURG. V~iances to the Zoning Or- atannceArticies: (I) XI, Section I/~O-ll9.1(B) for approval of · ]ght-foot height of fencing along the easterly property line m length of 72± feet; (2) XII,~ Section 100-141, Appealing the November 6, 1986 Order to R~medyViolation which man- date~ a buildm~ I~"rmit for new fencing along the emterly pro- perty line. Location of Fio~r- ty: Private ri~ht-of-way exten- ding off ihe east side of South Harbor Road known as Private Road No. 10, or Old Woods Path, Southold, NY; County ~ax Map Parcel No. 1000-87-2-21. 8:20 p.m. Appeal No. 3611- I~YMOND AND ELEANOR ~ Variance to the ~ning Ordinance, Article II1, ~cfion 100-31, Bulk Schedule ~Or approval of insufficient lot width of three parcels, each con- la/ining 4.6± acres, in this pen- dt~8 minor subdivision. Loca- tion of Property: West side of F~adise Point Road and north ~tde of North' Bayview Road, $outhold, NY; County 'Fax Map P~rcel No. 1000-81-1-25. The Board of Appeais will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: February 23, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski, Board Secretary Legal Notices NOTICE OF HEARINGS NOTICE IS ItEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing public bearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Pa)ad, Southold, NY at a Regular Meet- lng, THURSDAY, MARCH 5, 1987 at the fldlowing times: 7:35 p.m. Appeal No. 3590- THOMAS AND CATHERINE ZIMMERMAN ~Recessed from JAMES CROSS. Varmnce to ~ CAROL A. BARTH- tituck, NY; County Tax Map PHILIP AND ELLEN EEL- 8:00 p.m. Appeal No. 3511 - KAPELL HEAL ESTATE l~,~ and LIMPET CORP. V' -lances to thc, Zoning Ordi- ~, Article III, Section 100- :~ulk Schedule for approval of insufficient [1) lot area, 121 lot width, ~31 lot depth of two pat'- eels in this pending division of land. Location of Property: Linett and Brown Streets, Greenport; Greenport Driving Park Map, Lots 16 and 65; County Tax Map l)istrict 1000, Section 48, Block 3, Lot 25.1. 8:05 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR. Variance to the Zoning t)rdi nance. Article XI, Section 100- 112~1~ fi)r permission to utilize subject premises for a paved parking area Ibr the employees' of Mullen Motors, an established business abutting this parcel along the north side. Zone Dis: tricts: Partly "A'* Residential and Agricultural and "B-I" Gen- er~y: East Bide of Cottage Place,. will not start before the time al- lotted. Written ' eats may be submitted pri~l~he conclu- sion of the subject~earing. For more information, plea~ call 765-1809. Dated: February 23, 1987, BY ORDER OF ~S: THE SOUTROLD TOWN BOARD OF Al)PEALS GERARD P. GOEHRINGER, CHAIRMAN 3 of Greeflport, in Linda Kowalski, Board Secretary vorn, says that he/she is 1TF26-5513 FFOLK TIMES, a Weekly nlewspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for One weeks successively, commencing on the 2 6 day of Feb 19~7___ 3, Lot 19 8:10 p.nl. Appeal Nil. 3592 BENTE SNELLENBURG. Variances to Ih- Zoning O,'di nance, Articles: (1) X[, Section Zoning Ordinance,, Article lB, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 8, 1987 Town Hall, 53095 Main Road P.O. Box 728 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. 3603 application of James E. Cross for a variance. Also included are accompanying papers pertaining to the application. Judith T. Terry Southold Town Clerk Mailing List of Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 5, 1987 Copies by mail to the following 2/24/87: Mr. James E. Cross, Box 730, Cutchogue, NY 11935 Mr. and Mrs. Thomas J. Zimmerman, 39 Eric La, New Hyde Park, NY ll040 Mr. Kenneth Montgomery, Bay Avenue, Mattituck, NY 11952 (Re: Zimmerman) Mrs. Carol A. Bartholomew, 7015 Wickham Ave, Mattituck, NY 11952 Mr. and Mrs. Philip Bellomo, 25 Joyce Road, Plainview 11803 Mrs. Phyllis Birkby, Arch., 155 West 19th St, NY, NY lOOll Mr. Dan Smith, Box 572, Southold, NY 11971 J. Kevin McLaughlin, Esq., Box 803, Greenport, NY 11944 (Re: R. Mullen) Mr. David E. Kapell, 400 Front St, Greenport, NY (Re: Limpet Corp.) Mrs. Bente Snellenburg, Private Road, Southold 11971 Philip~J. Cardinale, Esq., Drawer W, Jamesport, NY 11947 (Re: Snellenburg) Mr. and Mrs. Donald E. Dean, 9 Yorke Rd, Mountain Lakes, NJ 07047 ("") Mr. and Mrs. Socrates Spirakis, 139 Stratford Avenue, Garden City 11530 ("") Mr. W.S. Ballenger, 1801Woodbourn Dr, Flint, Michigan 48500 ("") Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Re: Kerester) Rensselaer G. Terry, Esq., Main Road, Southold 11971 ("") Posted on Town Clerk Bulletin Board Copies to ZBA Members 2/24/87 Copies to ZBA Individual Files 2/24/87 Hand Delivery to Newspaper Offices 2/23/87 BOARD OF APPEALS TRANSCRIPT OF PUBLIC HEARING JAMES CROSS - APPEAL NO. 3603 Regular Meeting held THURSDAY, MARCH 5, 1987 at the Southold Town Hall, Main Road, Southold, NY. Matter of JAMES CROSS area (78,408 sq. ft.) Cutchogue. for a Variance for approval of insufficient in this pending set-off. N/s Main Road, The Chairman opened the hearing at 7:40 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: We have a survey from Roderick VanTuyl, P.C. dated April 3, 1986 indicating the entire parcel referred to as Parcel #2 which this is the Parcel, #1 to be set-off from. Parcel #2 is 26.656 acres and #2 which is on the Main Road, quite distant from most of that 26-acre parcel. Parcel #1 is 78,408 sq. ft., or 1.802 acres, with 187.06 feet on the Main Road. And I have a copy of the County Tax Map indicating this and surrounding properties. Mr. Cross, would you like to be heard? JAMES CROSS: Unless there are questions, I think the application speaks for itself. It's a very simple instance and it seems to me to be the kind of thing that should be encouraged for residences in terms of policy of the Town. CHAIRMAN: ! just wanted to mention to you if you would just step up. The Planning Board suggested it and we would like to see if you have any problems with it. They had asked that this right-of-way be cut into the property a little bit to allow for more maneuverability and turning -- so do you have any problems with the right-of-way-- (Mr. Cross viewed the map.) MR. CROSS: The land rises very rapidly. CHAIRMAN: It would have to have a wall built-- MR. CROSS: There's a rather steep ramp coming out straight. The further you get to the right the more rapid it rises. CHAIRMAN: Right. They were thinking more in the lines that if there were anything concerning a major subdivision on the back part of the property-- MR. CROSS: That wouldn't be a problem. Page 2 James Cross Hearing ZBA Regular Meeting - March 5, 1987 CHAIRMAN: Let's see what else is generated through the hearing. Is there anybody else that would like to speak in favor of this application? Anyone to speak against the application? (None) We thank you for coming in, Mr. Cross, and we hope to have a decision for you in the near future. Ok? Hearing no further comments, I'll make a decision closing the hearing until later. MEMBER DOUGLASS: Seconded. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resoluition was duly adopted. W ETAR~ SOUTHOLD TOWN BOARD OF APPEALS DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK H~chael A. LoGrande SUFFOLKCOUNTY~XECUTIVE 360-5206 '/[~ ~ DIREC~R OF PLANNING April 29, 1957 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~/~a~es E. Cross Mr. & Mrs. Philip Bellomo Municipal File Number(s) 3603 3612 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner AppI=ALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. ]1971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III, Sectionlo0-31, Bulk Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Sched. Appeal No.:3603 Applicant: Mr. James E. Cross Location of Affected Land: N/s Main Rd., Cutchogue, County Tax Map Item No.: 1000-109-1-8.5 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) ×X State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land or Existing or Proposed Right-of Way of AHy Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting ~9~x~%~k~kx~ approval of insufficient lot area {78~409 sq. ft.) of parcel p~o3~x/s~~~-off in this ~endinq division n~ l~nd. Copies of TOWH file and Dated: April 23, 1987 related documents enclosed for your review. 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 RI]AD 25 SOUTH{3LD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 April 17, 1987. Mr. James E. Cross Main Road, Box 730 Cutchogue, NY 11935 Re: Appeal No. 3603 (Variance) Dear Mr. Cross: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do 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, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to: Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission TOWN OF SOUTHOLD, N~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NC). ?~ DAn ....~/.~...?. ....... TO THE ZONING BOARD OF APPEALS, TOWN Of SOUTHOLD, N. Y. ,, (~ ..... :~.:~e.~. ...... ~......~.~....o, ............... ~.~ ......... e~:'./... .................... Street and Number . Nome of AppelJor~t C.. ................................................... ........... TO ........... '~'~ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ..~.l~V....~...~..J..~...~...~ .... WHEREBY THE BUILDING INSPECTOR DENIED TO ~O NaT,~.;f Applicant for permit o, ....... ~...../..~......ff ................... ~.~.~..~.z~.c~ ............ ~..y,....././..?..~..~, Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ., ,i~.,(/,./.) 1. LOCATION OF THE PROPERTY ............ ..~...~../.:~....R.~.../~..~. .../~.....,-,....&.52 ............ ,CL.e- .......... 0~ District on Zoning M~ Street /~ 0 ~ ~/'~ Current Owner Iv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of. the .Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 41 PREVIOUS APPEAL A previous appeal (~1~ (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 ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is, requested for the reason that l~orm ~-~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diffidulties or unneces- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike ~in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Sworn t this ~'-'-'~ dayof (~,,,,~. Notary Public ,7 , -~ ::.>,: s i3-31-88 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appea~s of the Town of $o~tho~d ~ 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~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your prql;erty and is des- cribed as follows [3¢ q' i ~ P£~ a.'~ ~,,,'/~ ul~5 ~ O~r~'~ ~/ ~ ~Y~cc~ ~.~ka~c ,r~%tp~'~."'~i~,~5-~ subject of such ,etition is Iocat.d in the following zonin, district: 4 Tha( by such P~titio., the undersigned will request the fo owin~ re ef: - . / . ~ ' · v~ , ~ · 5. That lhe provisions of the Southold Town Zonln8 Code applicable lo the r~li~[ sought by the und~r- signed are ~ticle ~ ~E~ [ ] Section Z80-R, New York Town Law for approval of access ove~ ~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied 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) 7~1809. 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. %et~ni;~esr , N a me s: Post, Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , being duly sworn, deposes and says that on the ~::~' day of L-~,~)~c..u.~. , 19 ~"? , deponent mailed a true copy of the Notice set forth on the re- verse ~l'de hereof,~irected to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curr~t ass~sment roll of the Town of 5outhold; that said Notices were mailed at the United States Post ~- rice at ~~ / ; that said Notices were mailed to each of said persons by (certified) (registerS) mail. Sworn ~o~fore me this /~ / Notary Public C~-"':7'" :.*'?;S Not:;~7 F~' :,: : ;: :;.w York ~ QualifiEd ;ne.--. *~ Co~mis~Jon E~;~ ~s 12-~1-~ (This side does not have to be completed on form transmitted to adjoining property owners.) ]IPS:L i io]_G 2 t,,.f f4. h.,U The ;;.Y.S.~Jvironmen~al QuaJi~,y th:vis, ct requires suu- mission of th~form, and an environmentd~reviuw will 'be made by this board before any action is Laken. ('a) In order to answer the questions in this short £AF is is ase'u~.ed that the preparer will use currently available lnfor~..~tlcn concerntn~ the project l~ely ~cts of the action. ~t is not e~ccted tha~ a~d~tior;al ~tudl~m, .,.toy other ~nvest~at~on~ w~l be ~dcrtaken. . . ~, (b) ~ ~ny Cuestion has been answered Yes ~he project ~y te sl~lficsnt an~ a ~ccmp!eted Env~rc~ental Assessment Fo~ i~ necessary. · ':~ .(c) Zf al~ ques:~on~ have been answered ~o Lt ~ likely t~Jt thL: ~roject ~s __ o~&nLfLcant. : (d) F-~vironmentsl Assessment , .-...., :.. ,?, "1, WLtl project reset in a large physical ch~ange to the project site or physically alter more - t~n 10 acres of land? , , , , ' ~, Will there be a ~Jor chanEe to any ~que W~I prelect alter or ~ve a ~arge effect on an ex~stlng body of water~ . , , W~: proJccu h~ve a potentially large 5. W~i pro~ec: si~lficently'effect drainage Will project affect any t~eatened or endangered 7.'W~I project res~t ima major adverse effect 8.W~i project have a rs Joy effect on visuel 9. Will project advermely ~pact any site or st~c~ ute of his:eric, Prc-~l~torlc, or pa~bontolog~cal importance or any site doal~a~cd as a critical enviro~en~l area by a lcca~ ~goncy? . . ~0. W~I project h~ve a major effoc~ cn extot~g or future recreational opport~ltio=? . . 11. Will project result tn mmJor traffI: problems or 12. Will project reg~arly cause objectionable OdOr:, noise, glare, vibration, or electrlcal dtntur~ ance an a reset of t~e pro~ect'~ operation? . ~3. Will project have any bnpacc on public health or 1L. Will project Affect the exlo:lng co.unity by directly cau:ln~ a growth in ~ermanent poptda- charact~, o~ the cO~mun~:y :r neighborhood~. Tes X No Yes Yes _ Yee % No ,..P,/?,2? Da%e ) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of 9roperty: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Lev;, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] Nay be located }~ithin 300 feet of tidal wetlands; however, constructed along the water-lying! edge of this property is a bulkhead in very good condition and at least 100 feet in length. · [ ] May b'e 'located within 300 feet of tidal wetlands; hov;ever, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and aporeximately feet in length. ' " [ ] ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 fee~ in length. May be located within 300 feet of tiddi wetlands; and there is no bulkhead or c, -~,. 'on the premises, cnc .... wall e:~.is~:ng Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [:;tarred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, ' · /4'S£,jna tufa p~easel " NOTE. If proposed project fal~s %~itq~in D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be.scheduled for a public hearing. CONSULT YOUR LAWYER BEFOI~GHING THIS.INSTRUMENT--THIS INSTRUMI~HOULD BE U0 B. LtL. o ......... w ............... THIS ~Dr~'ruR~ m~de the / y /~ day of April ~ , nineteen hundred and USED BY LAWYERS ONLY. sixty-six GEORGE ALit, res,dins at, Cutchogue, Town of Southold, Suffolk County, New York, ~rtyotthefirstpa~,and JAMES CROSS~ residing at 525 Bay Fifth Street, West Islip, New York, party of the second part, ~t[ll~r:.,.%..~'rH, that the party of the first part, in consideration of ONE AND oo/loo ........................................ ($1.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does herehy grant antl release unto the party of the second part, the heirs or successors and assigns of tile party of thc second part forever, that certain plot, piece or parcel of land, with the buildings and in]provements thereon erected, situate, lying and beinga~atN~ at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at the southwesterly corner of land of the party of the first part on the northerly line of the Main (State) Road and running thence along the land of Begenski Estate four courses as follows: (1) North 24° 00' 30" West, 142.07 feet; thence (2) North 26° 25' 50" West, 492.38 feet; thence (3) North 25~ 54' 30" West, 1018.64 feet; thence (4) North 25° 40' 00" West, 264.50 feet; thence along land now or formerly of Martin Surer North 27° il' 00" West, 829.88 feet; thenc; alGaS land now or formerly of Peter Kurkowski two courses es follows: (1) North 73" 52' 10" East, 306.84 feet; and thence (2) North 56e 45' 20" East, 630.04 feet; thence along land now or formerly of DeForest Horton South 27° 4~' 40" East~ 869.76 feet; thence along land now or formerly of John Doroski Estate two courses and distances as follows: (1) South 62° 13' 30" West, 555.06 feet; thence (2) South 27° 52' 20" Easts 1457.08 feet; thence alon~ other land of the party of the first part South 24° 34' 10" East, 310.89 feet; thence a~ong laud of Conrad A[ec South 28° 5~' 00" East, 1~0 feet to the northerly line of said Main (State) Road; thence along said line of Main (:State) Road two courses as follows: (1) South 59° 59' 20" West, 206.33 feet and (2) South 72~ 27' ~0" West, lJO.02 feet to the point or place of beginning. SUBJECT to a rE,hr-of-way over said premises, as now existing, which is in favor only of land to the North now or formerly of Peter Kurkow- ski, and is as shown on a surVey made by Otto W. VanTuyl & Sons dated July 26, 1960. SUBJECT, also, to zoning ordinances and regulations of the Town of Southold. Rt. Benmett Orloweki Jr. Chalraan Planning Board Town of Southold, N.Y. 11971 Sc:x 730 Cut~ho&,ue, N,I', 11~3~; Septeaber 10, 1987 Dear ~r, Earl~ this year, it was necessary to eom before the Planning Board seeking a mt off of an approximately two acre pareel on ~nor Hill on Route 25. This request aloe required a variano~ due to a ~hor- rage of 2,000 sq ft. The varianoe and the sat off ~re granted but subject to ~ granting of an oasaeent along the #est side of the right of way 4-~,~diately adjacent to the east of the parcel to be set off. This would, if ever usad, require a 25' out into the hillside and would signifioantly and detrementally effoot the beaut~ of the entire area. Tn the interiu, the entire re~aini~g property to the north has been offered and acoepted for the To~n's Far~land Presareation Program. This reaoves any and all possibility of develope~nt to the north and simultaneously, removes the potential need for an enlarged right-of way. Since this u~e of this easamnt is so critical to the appearance of this property and ~in~e tho~e of us direotly presant when this qreemnt was ~tr~ek will not be here forever, I would urge that you withdraw your original request and that this easa~nt be re~oved as a requireeent and frc~ the filed Yery traly your~ Janes E. Cross Board Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Georgia Building Department From: Linda Date: 9/21/87 For the record and update in the Matter of the Premises now or formerly of James Cross (Fred Krespach, contract vendee): In speaking with Valerie today, I was informed that Mr. Cross' set-off of the 78,000± sq. ft. lot (for sale to Mr. Krespach) has not been finalized with the Planning Board. It is my understanding that the owner may be filing an amended map to the Planning Board and possibly another variance concerning changes in the right-of-way easement additionally. Mr. Krespach had indicated he would like to start the application process for a building-permit to be sure he has all information or maps necessary before building inspector does issue a permit in the future.(for placement of a new dwelling). 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