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Southold. Town Board of Appeals
MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I.. N.Y. 11g";1
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3475
Application Dated February 27,
TO:
Mr. Joseph H. Sawicki, Jr.
North Road
Southold, NY 11971
1986
(Public Hearing March 13, 1986)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on April 3, ]986,
the above appeal was considered, and the action indicated below was taken
on your [×] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of JOSEPH H. SAWICKI, JR. for a Variance for approval
of access over a private right-of-way located off the South Side of
Old North Road, Southold, NY; premises presently of Schaefer and iden-
tified on the Suffolk County Tax Maps as District 1000, Section 55,
Block 2, Lot 4.
WHEREAS, a public hearing was held and concluded on March 13, 1986
in the Matter of the Application of JOSEPH H. SAWICKI, JR. under Appeal
No. 3475; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question and the surrounding area; and
WHEREAS, the board has considered all testimony and documentation
submitted concerning this application; and it is noted for the record
that there has been no public opposition; and
WHEREAS, the board made the following findings of fact:
1. The property to which appellant is requesting approval of
access to is located in an "A-40" Residential and Agricultural Zoning
District and is a part of premises presently of Helen R. Schaefer as
described by deed at Liber 8307 cp 456 dated September 7, 1977 of
1.750 acres, known and identified on the Suffolk County Tax Maps as
District 1000, Section 55, Block 2, Lot 4.
2. The right-of-way in question is situate along the south
side of Old North Road, Southold, and extends in a southerly direc-
tion of 330 feet, more or less (175' and 155' lengths) to the
premises under contract with the applicant having a width of 128.02
feet and area of 40,000 sq. ft. as shown on survey dated January 21,
1986 prepared by Roderick VanTuyl, P.C. and the subject of a
prior variance under Appeal No. 2359 dated November 3, 1977.
3. The first 40 feet is part of the driveway to the house on
the first lot (presently of John Schaefer), 10 feet, more or less
in width, and in good condition. The next 157 feet is a continuation
of access to the house and garage on the second lot (presently of
Helen Schaefer) eight feet in width and consisting of 1-inch, more
(CONTINUED ON PAGE TWO)
DATED: April 8, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3475
Matter of JOSEPH H. SAWICKI, JR.
Decision Rendered April 3, 1986
or less, of asphalt mix with stone chips on a stable base. The top
section is in fair condition.
4. After inspection and reinspection, it is the opinion of
the board members that improvements are necessary to provide suit-
able access as required by New York Town Law, Section 280-a, for
emergency and other vehicles (as noted below).
In considering this appeal, the board agrees with the reasoning
of appellant since: (a) the relief requested is not substantial;
(b) there will be no substantial change in the character of this
district; (c) the relief as conditionally granted will not cause
a substantial effect or detriment to adjoinin9 properties~ (d)
the circumstances of this appeal are unique and there is no other
method feasible for appellants to pursue other than a variance;
(e) in view of the manner in which the difficulty arose, justice
will be served by allowing the variance, conditionally as noted
below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Doyen, it was
RESOLVED, that the relief requested under Appeal No. 3475
in the Matter of the Application of JOSEPH H. SAWICKI, JR. for
approval of access as required by New York Town Law, Section 280-a,
BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. There shall be a minimum open and unobstructed access
width within the legal right-of-way of 12 feet; and
2. The right-of-way shall have an improved width of lO feet
and commencing at a point approximately 175 feet in length (extend-
ing from the south side of the Old North Road) shall be improved
as follows:
(a) Excavate eight inches [8"] deep;
(b) Replace with eight inches [8"] bank run
stone blend content);
(with 20%
(c) Place a top course of two inches [2"] compacted
stone blend.
3. This 280-a variance with conditions may be recognized as
approval of access under the requirements of New York Town Law for
the northerly lot (presently of Helen Schaefer), but is not to be
recognized as approval of access for any other lots which may be
established in any future set-off divisions or subdivisions,
unless so recommended in writing by the Building Inspector and
filed with the Office of the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Grigonis. (Member Sawicki was absent during this
action.) This resolution was duly adopted.
lk
AND FILED BY
SOO'mCZD ¢OWN C .r. X
DATEZ~/~/e~ HOUR ~ i~
Tow~
GERARD P. GOEHRINGER, C~AIRMAN
Apriq 8, 1986
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 public hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold
Town Hall, Main Roads Southold, NY at a Regular Meeting commencing
at 7:30 p.m. on THURSDAY, MARCH 13~ 1986, and as follows:
JOHN
7:30 p.m. Appeal No. 3432 Recessed Hearing
AND JOYCE HOLZAPFEL.
in the Matter of
7:35 p.m. Appeal No. 3457 RALPH AND LUCILLE STOCKER for
permission to construct new dwelling requiring Variances To the
Zoning Ordinance: (1) Article III, Section 100-31, Bulk Schedule,
for excessive lot coverage, and (2) Article XI, Section 100-119.2
for reduction in the required setback from bulkhead and tidal waters
to less than 75 feet. Location of Property: 1080 Maple Lane (a/k/a
55 Snug Harbor Road), Greenport; Cleaves Poin$, Section 3, Map #4650,
Lot 59; County Tax Map Parcel No. 1000-35-05-28.
7:40 p.m. Appeal No. 3452 ~ PAUL FORESTIERI for Variances to~
the Zoning Ordinance~Ar~icle~.III~.SectionllOO~31,~Bu]'k. Schedule
for permission to locate new dweltingLwith insufficient front and
rear yard setbacks. Location of Property: East End of Sound View
Avenue (South End of Fasbender Avenue), Peconic; Bailey Park Subdivi-
sion, Lots 1, 2, 3, 4, 5; County Tax Map ~arcel No. 1000-67-06-004.
7:45'p.m. Appeal No. 3470 - ATHANAS AND RUTH ZAMPHIROFF for a
Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule for permission to construct addition of 190± sq. ft. in
area which will exceed the maximum-permitted the lot coverage
requirement of 20%. Location of Property: 17195 Main Street
(a/k/a 720 Second Street), New Suffolk, NY; County Tax Map Parcel
No. 1000-117-08-13.
7:50 p.m. Appeal No 3447 - PUDGE CORP: for a Special Exception
to the Zoning Ordinance, Article VIII, Section lO0,80(B) for permission
to establish one or more of the following uses within the buildings
proposed to be constructed as shown by site plan revised 7-9-85:
professional offices; electrical contractor shop; plumbing shop;
furniture repair shop; carpenter shop, cabinet shop; printing estab-
lishment; food processing~ packaging of machine parts to be shipped;
such uses as allowed in this ~-1 Heavy Industrial Zoning District.
Location of Property: East Side of Horton's Lane, Southold, NY;
County Tax Map Parcel No. 1000-63-01-10.
Page 2 Notice of qearings
Southold Town Board of Appeals
Regular Meeting of March 13, 1986
7:55 p.m. Appeal No. 3459 125-127 MAIN ST. CORP. (MILLS & CO.)
for a Special Exception to the Zoning Ordinances Article VIII, Section
lO0-80(B) for permission to utilize premises and construct addition
for the manufacture of sails, canvas products and related i~ems, and
office and storage area incidental thereto, in this ~'C-Ligbt" Industrial
Zoning District. Location of Property: 74100 Main Road, Greenport, NY;
County Tax Map Parcel No. 1000-45-06-006.
8:00 p.m. Appeal No. 3465 VELIMIR AND HEDA VRANKOVIC for a
Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule for approval of the construction of second-story deck addition
with an ~nsufficient frontyard setback. Location of Property:
1625 Sandu Beach Road (a/k/a 55 Bay Road), Greenpor~, NY; County Tax
Map Parcel No, 1000-43-04-45.
8:05 p.m. Appeal No. 3460 MICHAEL J. PERLMUTTER, M.D. for a
Variance ~o the Zoning Ordinance, Article III, Section lO0-30(C)[1](a)
for permission to utilize premises and addition for accessory home
occupation use (physician's office) ~r excess'of maximum-permitted
30% firs~ floor area. Location of Property: 2035 Theresa Drive,
Mattituck; Deep Home Creek Estates Filed Map 4256, Lot 59, County
Tax Map Parcel No. 1000-115-16-15.
8:10 p.m. Appeal No. 3450 ROSALIE GOWEN for ~a~iances~toLt~e~
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule~ for
approval of: (1) insufficient lot area, (2) insufficient lot width,
(3) insufficient lot depth, of two parcels as proposed in this
pending set-off division of land located at the corners of Zena
Roads Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's
Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel
No. 1000-106-02-32 and 43.
8:20 p.m. Appeal No, 3474 - DAVID M. JOHNSON for a Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for permission to construct addition with a~ in'sufficient sideyard
setback and in excess of maximum-permitted 20% lot coverage.
Location of Proper~y: 385 Corey C~reek Road, Southold, NY; County
Tax Map Parcel No. 1000-87-5-13.
8:35 p.m. Appeal No. 3463 EDMUND PRESSLER for a Variance to
the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, and
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 133 1986
Article VII, Section lO0-70(A)[1](d), for permission to utilize
premises of 68,912 sq. ft. in area as a continuing nonconforming
two-family dwelling and add two retail sales/office uses in this
"B-l" General Business Zoning District. Location of Property:
North Side of Main Road, Southold~ NY; County Tax Map Parcel
No. 1000-63-3-26.
8:45 p.m. Appeal No. 3455 KATHLEE~ VARANO for a Variance
to the Zoning Ordinances Article XII, Section lO0-121(D)[1] for
a.clarificatio~ and/or correction of the inte.rpretation of the
Building Inspector of Condition in Appeal No. 3330 rendered
by the Board of Appeals May 2, t985 which allows no sleeping or
1-iving quarters ~n the accessory garage/apartment structure.
Location of Property: 6600 (~,~6~50) Indian Neck Road, Peconic, NY~ County
Tax Map Parcel No. 1000-086-07-004.
8:55 p.m. Appeal No. 3421 Recessed Hearing - ESTATE OF
JOSEPH ZIELONKA to be reconvened.
9:05 p.m. Appeal No. 345t BEDELL WINERY/VINEYARDS for
a Special Exception to the Zoning Ordinance, Article III, Section
100-30(B)[14] for oermission to establish winery use from grapes
grown on the ~remises, located at 36225 Main Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-85-02-10.
9:10 p.m. Appeal No. 3456 RICHARD AND ANITA WILTON for a
Variance ~o the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of proposed lots ~aving insufficient area,
width and.}or deDtk in this pending division of land, located at
the East Side of Queens Street, Greenport, NY, County Tax Map
Parcel No. 1000-40-3-6.
9:20 p.m. Appeal No. 3466 GREGORY SIMONELLI for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of proposed ~ots having insufficient area and width
in this pending division of land, located at the East 6hd~So~th Sides of
Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04.
p.m. Appeal No. 3475 SAWICKI, JR. for a Variance~
9:25
H.
for approval of access pursuant to-New-York Town Law, Section 280-a,
lover a private right-of-way located off the South Side of Old North ~
/
Road, Southold, NYz premises presently of Schaefer and identified on
the Suffolk County ~ax Maps as District 1000, Section 55, Blocm 2, Lot
9:30 o.m. Appeal No. 3453 ~AMUEL K.C. and ELIZA PLIMPTON KOPPER
for a Variance to ~he Zoning Ordinances- Arti~cle III, Section 100-31,
Bulk Schedule, for approval of proposed three lots having ~nsufficient
area and width located along the west side of Indian Neck Road, Peconic,
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of March 13, 1986
NY; County Tax Map Parcel No. 1000-86-4-1.2, consisting of a total
acreage of 5.00.
The Board of Aopeals will ~ear at said time and place all
p~rsons or repre~entatiyes desiring to be heard tn each of the
above matters. Written comments may also be submitted prior
the conclusion of the hearing in question. For more information,
please call 765-1809 (alt. I~02)..
Dated: March 4, 1986. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
lk
INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit:
March 6, 1986 and forward affidavits of publication
Board of Appeals, Main Road, Southold~ NY 11971, on or
before March 11, 1986.
Co~ies to the following 3/4/86:
Mr. and Mrs. John qolzapfel, 825 South Harbor Road, Southold, NY
Mr. Garrett A. Strang, Architect for Mr. and Mrs. Ralph StocKer, P.O. Box 1412~ Southold, NY 11971
Mr. Paul Forestieri, 300 East 54th Street, New York, NY 10022
Mr. and Mrs. Athanas Zamphiroff, P.O. Box 255, New Suffolk, NY 11956
Mr. James Gray, Sr., Pudge Corp., P.O. Box 1465, Southold, NY 11971
Mills & Co., 125-127 Main St. Corp., 125 Main Street, Greenpor~, NY 11944
William D. Moore, Esq. (c/o R.F. Lark, Esc.), P.O. Box 973, Cutchogue, NY
for Mr. and ~rs. Velimir Vrankovic
Michael J. Perlmutter, M.D., 2035 Theresa
Abigail A. Wickham, Esq. for Mrs. Rosalie
Mr. and Mrs. David M. Johnson, Koke Drive,
Gary Flanner Olsen, Esq., for Mr. Edmund Pressler, Box
Richard F. Lark, Esq. for Mrs. Kathleen B. Varano, Box
William W. Esseks, Esq. for Mrs. Odell and Katzenberg,
Mr. John Wickham, for the Estate of J. Zielonka,
Merlon Wiggin, President, Peconic Assoc. for
P.O. Box 672, Greenport, NY 11944
Mr,
Drive, Mattituck, NY 119.52
Gowen, Box 1424, Mattituck
Southold, NY 11971
11952
11971
706, Cutchogue 11935
973, Cutchogue 11935
Box 279, Riverhead
Main Road, Cutchogue 11935
Bedell Winery
Richard F~ Lark, Esq. for RICHARD AND ANITA WILTON
Gary Flanner Olsen, Esq. for GREGORY SIMONELLI
Mr. Joseph H. Sawicki, North Road, Southold, NY 11971
Mr. John DeReeder as agent for MR. AND MRS. SAMUEL KOPPER
Mr. and Mrs. Samuel K.C. Kopper, 310 Plymouth St, Pete,
Town Clerk and Z.B.A. Bulletin Boards
Supervisor, Town Board, Z.B.A., P.B., and Building Dept.
Individual Z.B.A. files
MA 02359
TOWN OF $OUTHOLD, NEW YORK
FEB 2 ? 1 86
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. O~F-/
Eob. ~7. [986
DATE ............. ~ ...............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
l, {We) d~.se.p.h...H_.,.S~w4.ck.i .......................... of ...... N~,~..~--~R.e~--~ ............................................
Name of Appellant Street and Number
M.u_ nicipality
NY
............................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR DE~v~I~xNO. CD, ............................... DATED .,Ee.b~.tLar,~...2_~.,...1.9.8~ ............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Name of Applicant for permit
of
Main Road Southold New York 11971
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
11 LOCATION OF THE PROPERTY ...~L0Jg...o.f.f....S~.u.tJz..5.id.~..~.£...'.'.O.l.d...b[~.c.~Jl..}~o.a.¢'.: ......
Street Use District on Zoning 'Map
Southold, NY
..]..~.0. f~.z.§5..-.2m~ ..................................................... Current Owner Schaefer ~o Sa~icki
Mop No, Lot No.
A Zone
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A Drevious appeal (has) (l~o, fxQ~) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special aermit
(X) request for a variance -area
and was made in Appeal No....~..2.~,5.~ .................Dated .,..].]../.3~..Z]..,.~.,..[~.].e~,..[...,.$.~.h.O,.~,f.¢).~.~
(X)
)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
~srequested forthe reasonthat Certificate
receiving approval of access over
emergency and other vehicles.
of Occupancy is conditional upon
this private right-of-way for
Form ZB!
(Cofitinue on other side)
REASON FOR APPEAL
Continued
t. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties O~n~neces~
sar', HARDSHIP because this parcel would be unbuildable without proper
building permits and approval of access pursuant to New Yo~k
Town Law, Section 280-a.
2. The hardshp created is UNIQUE and is not shored by al properties alike in the immediate
vicinity of this property and in this use district because this property is vacant.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this property i s zoned "A" residential
and agricultural and ~s proposed to be used for such purposes.
STATE OF NEW YORK )
)
COLNTY OF SUFFOLK)
SS
Sworn to this ..~;[5.~..h ................................... day of . .F.~b.~,i~.E~v .................. 1986.
Notary Public
LINDA F.
NOTARY PUBLIC, State
No. 52-¢524771
Commissimt Expires ~arch