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Home My WebLink About3406224 Bridge Street 34 ~por~,~ ~- ~ 9/20/8S~34-06 Richard'Duchano variance to re- separat~ two lots that have been~merged. Southold Town'll a l eals MAIN ROAD- STATE ROAD ZS SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3406 Application Dated September 20, ]985 (Amended October 22, TO: Mr. David E. Kapell (for WEST DUBLIN REALTY/DUCHANO) 400 Front Street Greenport, NY 11944 1985) [Appellant(s)] At a Meeting of the Zoning Board of_Appeals held on February 6. ]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 Article [× ] Request Article [ ] Request for Special Exception under the Zoning Ordinance , Section for Variance to the Zoning Ordinance III , Sections 100-30(A)[]] and 100-3] for Application of RICHARD L. DUCHANO - Variance to the Zoning Ordinance, Article III, Sections lO0-30(A)[1] (and 100-31) for permission to resepa- rate lots which have insufficient lot area, width and depth. Premises known as 715 Champlin Place and premises known as 224 Bnidge Street, Greenport, NY, Suffolk County Tax Map District 1000, Section 34, Block 3, Lots 37 and 53 (53.1). WHEREAS, a public hearing was held on January 9, 1986, in the Matter of the Application of RICHARD DUCHANO and WEST DUBLIN REALTY under Appeal No. 3406; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area, and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests variances for insufficient area, width and depth of: (a) proposed Parcel #1, referred to as Lots #13 and #14, "Map of Champlin Estates," filed October 23, 1873 as Map #337, and part of a described parcel to the south, consisting of an area of 11,250± sq. ft., road frontage along the south side of Champlin Place of 80.76 feet, and depth of 118.98± feet; (b) proposed Parcel #2, a described parcel located along the north side of Bridge Street containing an area of 11,250± sq. ft., frontage along Bridge Street of 119.67 feet, and depth of 96± feet, all as shown on map prepared by Roderick VanTuyl, P.C. for Richard Duchano October 17, 1985. 2. Proposed Parcel #1 along the south side of Champlin Place is vacant; proposed Parcel #2 along the north side of Bridge street is improved with three structures: (1) a two-story, single-family frame house with front porch set back 2± feet from its front (CONTINUED ON PAGE TWO) DATED: February ll, Form ZB4 (rev. 12/81) 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3406 Matter of RICHARD DUCHANO/WEST DUBLIN Decision Rendered February 11, 1986 REALTY property line; (2) accessory storage garage structure located 2± feet from its nearest point from the east side property line; (3) accessory storage shed structure located approximately eight feet from the east side property line. 3. In viewing the area, the board agrees that a majority of the lots in the area are of a size similar or smaller to that proposed by this application. 4. Submitted for the record are letters of commitment from the Village of Greenport dated January 9, 1986 and January 10, 1986 for public water to be served from the 6" water main on Champlin Place and public sewer and electric through an easement from Bridge Street to Parcel #1; and public water, sewer and electric from Bridge Street for Parcel #2. In considering this application, the board has determined: (a) the relief requested will not produce a substantial change in the character of the neighborhood since a majority of the lots are similiar in size; (b) the circumstances of this appeal are unique since these properties are on subdivision maps filed with the Suffolk County Clerk's Office and will be served by public sewer and water; (c) a detriment would not be caused to adjoin- ing properties; (d) the premises front on two municipal streets; (e) the public health, Welfare and safety of the town will be served by upholding this application; (f) that it is within the best interests of the town to approve the application, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief as applied under Appeal No. 3406 in the Matter of RICHARD DUCHANO/WEST DUBLIN REALTY, to re-separate parcels having insufficient area of 11,500 sq. ft., insufficient width and insufficient lot depth, as shown on Map prepared by Roderick VanTuyl, P.C. October l?, 1985, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions; 2. All structures must conform with Article III, Section 100-31, Bulk Schedule setback requirements; 3. This property must be served by public sewer and public water by the Village of Greenport. Vote of the Board: Ayes: Messrs. Goehringer, Grigonls, Doyen and Sawicki. (Member Douglass was absent due to illness.) This resolution was declared duly adopted. lk GERARD P. GOEHRINGER, C'~AIRMAN February ll, 1986 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 Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JANUARY 9, 1986, and as follows: 7:30 No. 3406 RICHARD DUCHANO. Variance ~ p.m. Appeal k. to , e Zoning Ordinance, Article III, Sections lO0-30(A)[1] (and 100-31)// r permission tO reseparate lots which have insufficient lot area,{ dth and depth. Premises known as 715 ChamPlin~Place and premises z>~ -- own as 224 Bridge Street, GreenPort, NY~ Suffolk County Tax Map~~ strict 1000, section 34, Block 3, Lots 37 and 53 (53.1). ~-~ 7:35 p~m. Appeal No. 3437 - FRANK AND MARY BROPHYo Request to rescind a previous conditional variance granted under Appeal No. 2922 dated 1/19/82 for construction of a deck at premises known as 75 Second Street, New Suffolk, NY; Suffolk County Tax Map District lO00, Section 1t7~ Block t0~ Lot 20.7. 7:40 p.m. Appeal No. 3432 - JOHN AND JOYCE HOLZAPFEL. Variance from the conditians rendered under Appeal No. 2784 dated 10/15/81 (and 688 dated 7/9/64) and/or to waive the improvements required under Appeal No. 2784 concerning Private Road #10 known as "Old Woods ROad" lOcated at the east side of South Harbor Road, Southold, NY, identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 23.1, and approving access pursuant to New York Town Law, Section 280-a, from the east side of South Harbor Road to the premises in question, identified on the Suffolk County Tax Maps as District lO00, Section 87~ Block l, Lot 23.8. 7:45 p~m. Appeal No. 3429 - H. NORMAN McCULLOUGH III and ANTONE E. BERKOSK~. Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient depth of parcels in this pending three-lot minor subdivision, located at the corner of Oregon Road and Cox's Lane, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3~ Lot 3. 7:50 p.m. Appeal No. 3435 - NORTH FORK COUNTRY CLUB. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to reestablish and rebuild country club building Page 2 Legal Notice of Hearings Regular Meeting of January 9, 1 986 which will include a restaurant, kitchen facilities, bar, pro shop with sales and various support rooms such as locker rooms and lounges, existing t8-hole golf course and existing two tennis courts, at premises located at the corner of Main Road and Moore's Lane, Cutchogue, NY; Suffolk County Tax Map District i000, Section 109, Block 4, Lots 1~ 3~ 4 and 7. 7:55 p.m. Appeal No. 3434 - NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance: (a)iArticle III~ Section tO0-30(B)[6](a) to establish and continue existing and new parking area within 100 feet of street line, (b) Article XI, Section iO0-il2(A) to v-ary number of parking spaces to less than that required by parking schedule. Location of Property: Corner of Main Road and Moore's Lane, Cutchogue, NY~ Suffolk County Tax Map District i000, Section 109, Block 4, Lots l, 3, 4 and 7~ 8:00 p.m. Appeal No. 3382 - MATTITUCK HARBOR ASSOCIATES and BAY VIEW VENTURES. Variance to the Zoning Ordinance, Article Section 100-31, Bulk Schedule, for approval of insufficient upland area of four lots in this pending major subdivision located at the South Side of New Suffolk Avenue, (llO±l.f. east of Deep Hole Drive), Mattituck, NY; Suffolk County Tax Map District 1000, Section 115, Block 17, Lot 17. 8:10 p.m. Appeal No. 3436 CHARLES AND SYLVIA WILD. Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule "A" for permission to construct addition~ to dwelling with an insufficient sideyard setback, premises known as 250 Lake Court, Southold, NY; Suffolk County Tax Map District 1000, Section 59, Block 5, Lot 6. 8:15 p.m. from December of parcels in County Tax Map Appeal No. 3354 LONG ISLAND SHORES. (Recessed 12, 1984) Variance for insufficient area and width this pending minor subdivision. N/s C.R. 48, Greenport; District 1000, Section 40, Block 01, Lot 20. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802)o Dated: December 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date PLEASE TAKE NOTICE that your application dated... ~...~.~ .~..../..~. ...... ,19 .~...~ for~,~ .~~.~.~..-~.....C.u/~.. ........... ~ ...... a~ Location of~operW ....~/.~ , ~~2~ ~~~ House No. . ' S~et ...... ' ...... ~ ..... ~ ~ ~ County Tax Map No. 1000 Section . .~ .~ ...... Block ... ~ ......... ~t . ~ .~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is retturned herewith ?d disapproved on the follow~ing grounds.. ~,..~.~...... ;~...~_ ./...~.j.~ ~ . ~l. ~.. ~.>,. . . .:. . .:. . ...... ~. . . .~. . . . .~. ./. ~. .:~ ~. . .~~_:~. :. .... ................ ..~ ~-~' ,-,~ ':,:;:>_~ :.:-: .. ../ ............ ~ . .~.c~. . .... /..: .... .>. .~. ..... ~ (Z g. ......... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....~.~.~.~.,....;~0,,...~'~ 98~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Richard L. Duchano 1, (We).D~i4?E..,.~e,l.l-~...a.~..a~e~.~....,of ...4...O.o-...F-?.D.D.-~...$-~r-.~--e..~.,.-..~.r.~.~.D~.9-r..%~...~.'Y' r~ame of Appena~t Street and Number ....Gr.~cnpo~..~ ................................................................... Municipality ............. ~.t.~.,......HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....&ep.t,~...19.,....J.9~.~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit ,. ......... ............ ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Vacant land C.O. LOCATION OF THE PROPERTY ...8~.~.....~.r.$...~.~.e....8.~..~..~..e..~.~....~.t?..e..~..~.D.~.r~.....A ....................... Street Use District on Zoning Map .................................................................................. Current Owner Richard L. Duchm~o Map No. Lot No. 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nonce.) Article III Section 100-30-A~1) 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 Yark 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 a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 *) AiVariance to the Zoning Ordinance ) ,s requested for the reason that applicant wishes to reseparate lots whiCh have merged. REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~.HARDSHIP becaUse applicant wishes to reseparate two e×isting lots which have merged due to continuous like ownership for many years. The lots which will result from a reseparation will be similar to the majority of lots in the area. Both lots have frontage on sep- arate streets. Strict application of the ordinan6e will deny the applicant full enjoyment and value of his property ~n spite of the general conformity of the proposed use with the character of the area. 2. The hardshipcreatedisUNIQUEandisnotshared by all prope~ies alike in the immediate vicinity of this prope~y and in this use district bemuse most lots ±n the area are smaller than the merged loCsbetonging to i~he applicant. No other lots in the area run from street to street as does the applicant's merged lots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will be in harmony with and promote the general purposes of the Zonong Ordinance and the use will not prevent the orderly and reasonable use of adjacent pro- perties and the safety, health, welfare, comfort and convenience and the order of the Town will not be adversely affected by the proposed use and its location. The character of the district is similar to the applicant's proposed use. COUNTY OF SuffOlk ) / Signature David E. Kapell, as agent Sworn to this .............. 2,O.th ...................... day c~ ......... S.ep.temher. ......................... 1985 'OWH OWNER FORMER OWNER ;TREET S VILLAGE W D~IS~ ~?UB~, LOT .ACR. ~ TYPE OF BUILDING LAND [ IMP. AGE VL. FARM TOTAL DATE REMARKS COMM. CB. MICS. Mkt. Value BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER ' Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Totol DOCK TOWN OF $OUT~OLD P~OP~;~TY ~;;CO~D FORMER OWNER RES..3/0 S~AS. MP. LAND VL. TOTAL AGE NEW FARM Tillable IT Woodland Meadowland House Plot Total F~RM COMM. CB. MICS. DATE REMARKS BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per [ Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULl(HEAD DIST.[ SUB. ACR. TYPE OF BUILDING Mkt. Value LOT DOCK DEPARTMENT OF PLANNING PETER F, COHALAN SUFFOLK COUNTY E~X£CUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOROFPLANNING February 24, 1986 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Cox~ission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant~s) James & Mary Tyler ~Richard L. Duchano & West Dublin Realty Sunbow Associates Charles & Sylvia Wild Municipal File Number(s) 3400 3406 3420 3436 Very truly yours, Lee g. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L J,, NEW YORK 1 17Ela Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 Plannin§ Commission: × Variance from the Zoning Code, Article III, Sections 100-30(A)(1) 100-3l Variance from Determination of Southold Town Duildinu Inspector and Special Exception, Article , Section Special Permit Appeal No.: 3406 Applicant:Richard L. Duchano and West Dublin Realty Location of Affected Land~15 Champlin Place & 224 Bridge St., Greenport, N.Y. County Tax Map Item No.: 1000-Section 34, Block 3, Lots 37 & 53 (53.1) Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) x State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Feder,~l ly Owned Land Boundary of Existing or Proposed Other Recreation Area County, SLate or Federdl Park or Existing or Proposed Right-of Way of Any Stream or Drainage Chdnr,el Owned by the County or for Which Th,~ County Ha~, tistdhlished Channei Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to reseparate lots which have _ insaf~t~rea~_W/ELtk _and_dap_th ..... I]opies of Town file and Dated.February 13, 1986 related doc[Hllcnts ()rl<:[~)s~(J lot VOUr r<,'¢i(~w. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l,, N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February ll, 1986 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3406 West Dublin Realty/Duchano Dear Mr. Kapell: Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have either our office (765-1802). any questions, please do not hesitate to call (765-1809) or that of the building inspector Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning Commission MAYOR GEORGE W. HUBBARD TRUSTEES JEANNE M. COOPER GAlL F. HORTON DAVID E. KAPELL WILLIAM H. LIEBLEIN SUPT. OF UTIliTIES JAMES 1. MONSELL ]/iLLa e ot' 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 UTILITY OJ:FICE TEL. (5 ] 6) 477-1748 POWER PLANT I'EL. (516) 477-0172 January 10, 1986 Mr. David Kapell Front Street Greenport, New York 11944 Dear Mr. Kapell: The proposed subdivision of Lot 53.1 which runs between Bridge Street and Champlin Place, Greenport is to be divided into a north parcel and a south parcel. The south parcel will be served by public water, sanitary sewer and electric from Bridge Street. The north parcel will be served with sanitary sewer and electric through an easement from Bridge Street to the proposed structure. The public water will be served from the 6" water main on Champlin Place. If I can be of further service, please call. Very truly yours, James I. Monsel! Superintendent of Public Utilities JIM:nr · ~ESOLUTION ADOPTED AUGUST 22~ 1985 BY VILLAGE OF GREENPORT BOARD OF TRUSTEES A motion was made by Trustee David Kapell and seconded by Trustee William Liebleln to adopt the following resolution: Resolution Whereaa~ the water supply in the Town of Southold ia known to be limited in quantity and tn quality, and Whereas~ the Village of Greenport Water System has the franchise to serve a major portion of the Town, and Whereas~ in recent months, requests for new water service from the system have increased at an unprecedented rate, and Whereas, the Village Board is concerned about the system's abllity to meet the demand with its existing plant, Now There£ore Be it Resolved that the Village Board wlli conduct a study and evaluation of the existing system and the potential for 1n- creased supply and service withln the franchise area. Said study and evaluation is to be conducted through the Greenport Utility Committee and Superintendent o£ Utilities with the assistance of the Village engineering Firm. Assistance will also be sought from the Town o£ Southold and the Suffolk County Department o£ Health Services, and Be It Further Resolved that in order to allow proper conduct or the study and evaluation, the Board wii! place a six month moratorium from the date hereof on any further contracts for water service to be located outside the Incorporated Village of Greenport, and that this moratorium shall apply to all applicants which are currently pending, an~d t~t t~,ls morg~orlum ia not The question of the adoption of the Foregoing resolution was duly put to a roll call vote which resulted as follows: Trustee Jeanne Cooper Naye Trustee Gall Horton Aye Trustee David Kapell Aye Trustee William L, leb]ein Aye Mayor George Hubbard Abstained This resolution was thereupon declared duly adopted. Of~ccr$ MAYOR GEORGE W. HUBBARD TRUSTEE~ JEANNE M. COOPER GAlL F. HORTON DAVID E. KAPELL WILLIAM H. LIEBLEIN olr Oreenlood 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 TELEPHONE (516) 477-2385 CLERK NANCY W. COOK TREASURER JOHN C. SPOHN At a meeting of the Village of Greenport Board of Trustees held on December 19, 1985 at the Village Hall, 236 Third Street, Greenport, New York, the following motion was adopted: A motion was made by Trustee Horton, seconded by Trustee Cooper and carried to authorize and approve the request of Patricia Brant for sewer and electric service for a house to be located on Champlin Place through a right of way from Bridge Street. Said right of way to be prepared by others. CERTIFICATION OF RESOLUTION STATE OF NEW YORK ) COUNTY OF SUFFOLK ) THIS IS TO CERTIFY THAT I, Nancy W. Cook, Clerk of the Village of Greenport of the County of Suffolk, have compared the foregoing resolution with the original resolution now on file in this office, and which was adopted by the Board of Trustees of the Village of Greenport of said County on December 19, 1985; and that the same is a true and correct transcript of said resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Village of Greenport of the County of Suffolk. January 9, 1986 Date Nancy W.~ook, Village Clerk Village of Greenport SEAL Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. COUGLASS JOSEPH H. SAWlCKI January 9, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3406 I'ROJECT NA~LE: WEST DUBLIN REALTY LTD./DUCHAN0 This notice is issued pursuant to Part 617 of thc 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 considered a determination made for any other department or agency which may also have an application pending for the same or similhr .project. TYPE OF ACTION: tX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: L0t-]ine variance resulting in insufficient area, width and depth of parcel(s) in this pending set-off division of ]and. LOCATION OF PROJECT: Town of Southold, County of SQffolk, more particularly known as: S/s Champ]in Place and N/s Bridge Street, Greenp0rt, NY; ]000-34-3-53, 37 (53.]). further notice that this declaration should not be REASON(S) SUPPORTING THIS DETERMINATION: (1} An Euvironmental Assessmen~ in ~he short form has been ~ubmitted which indicates that no significant adverse effects to Lhe cnvironment are likely to occur should this project be imple- men, ted as planned; (2) The premises in question is to be serviced by the Village of Greenport for public water and sewer utilities. (3) The relief requested is not directly related to construction. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda KQwalski, Secretary, Southold Town Board of Appeals, Town Hall~ Southold> NY 1].971; tcli 516- 765-1809 Or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 9, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of N ~n-SiqnifJcanc(; APPEAL NO.: 3406 PROJECT NAME: WEST DUBLIN REALTY LTD./DUCHAN0 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for thc same or simi]hr _project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: L0t-]ine variance resulting in insufficient area, width and depth of parcel(s) in this pending set-off division of land. LOCATION OF PROJECT: Town of Southold, County of SQffolk, more part~.cularly known as: S/s Champlin Place and N/s Bridge. Street, GFeenport, NY; ]000-34-3-53, 37 (53.1). REASON(S) SUPPORTING THIS DETERMINATION: (l) An Euvironmental Assessment in the short form has been ~]ubmitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mcr:ted as planned; (2) The premises in question is to be serviced by the Village of Greenport for public water and sewer utilities. (3) The relief requested is not directly related to construction. FOR FURTIIER INFORMA'£ION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall~ Southold, NY 11971; tcl2 516- 765-1809 Or 1802. Copies of 'this notice sent to the ap~licant or his agent and posted on the To%4n Clerk Bulletin Board. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SDUTHOLD, l.l., N.Y. }icj?] TELEPHONE (516) 765-1809 January 8, 1986 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3406 West Dublin Realty Ltd./Duchano Dear Dave: In reviewing this matter recently, it was Boted that there is a possibility that a hook-up with the Village of Greenport for water and sewer utilities may not be approved since it is not within the incorporated limits of the Village. and therefore would require further application and approvals to the Suffolk County Department of Health Services under the requirements of Article VI. We request that any documentation that is available to assure public utilities (water and sewer) be furnished for the hearing scheduled for tomorrow. Thank you for your assistance and cooperation. Yours very tr 1 ~ CHAIRMAN lk D Southold, N.Y. 11971 (516) 765-1938 December 19, 1985 Mr. David Kapell 400 Front Street Greenport, NY 11944 Re: Richard Duchano Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board, Monday, December 16, 1985. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the application for Richard Duchano: The lots proposed within this subdivision are not in conformance with the current zoning of the Town. The Planninq Board._~w~l! h__ol__d this application~L ~-pending action by the Board of Appeals on the variance application. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD /cc:/~Board of Appeals By Diane M.Schultze, Secretary DAVID E. KAPELL 143 Sixth Street Greenport, New York 11944 516-477-2223 REAL ESTATE ENTERPRISES CONSULTING SERVICES KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516~,77-9403 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, N.Y. 11971 January 3, 1985 Dear Mr. Chairman: In response to your letter of January 2, 1985 regarding Appeal # 3406- Richard L. Duchano, I offer this letter as a Notice of Disclosure of the officers and principals of West Dublin Realty, Ltd. West Dublin Realty, Ltd. has two officers who are also the sole principals of the corporation. These parties are: David E. Kapei1, President Rebecca Anna Lou Dehavenon, Secretary Lncerely, avid E. Kape11 agent KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516-477-9403 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road SouthoId, N.Y. 11971 January 3, 1985 Dear Mr. Chairman: I enclose, herewith, the following items in connection with Appea! # 3406 - Richard L. Duchano: Assignment from Richard L. Duchano to West Dublin Reaity, Ltd. of the applications and fees submitted to the Town of Southold. 2. Notice of Disclosure from West Dublin Realty, Ltd. Sincerely, ~ Kape11 APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHRLD, L.I., N.Y. 11g?1 TELEPHONE (516) 765-1809 January 2, 1986 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3406 Richard L. Duchano Dear Mr. Kapell: It is our understanding that the premises in question has been transferred to West Dublin Realty Ltd., a New York corporation. Please furnish us with a Notice of Disclosure of the officers and principals of the corporation and any and all other persons who may have an interest in the subject premises. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold Main Road Southold, N.Y. 11971 October 18, 1985 Dear Gerry: I enclose, herewith, 4 copies of a revised survey for the variance application of Richard L. Duchano, Appeal # 3~06. Please note that the only change in the plan is the relocation of the dividing line between the two proposed lots in ozder to create two lots with an equal area of 11,250 square feet. · Please be advised that, pursuant to instructions contained in your letter dated October 7, 1985, we are submitting an application to the Planning,Board for set-off approval. cerely, David E. Kapell as agent P.S. I have also included a memo regarding this project which I ask that you make a part of the variance application. Memo submitted as an addendum to the application of Richard LT Duch~no I. The applicant has conducted a study of the sizes of lots currently existing on five blocks immediately surrounding the subject property and including the block on which the property is situate. Attached to this memo is a detailing of the study results as well as a map showing the boundaries of the study area. The study has produced the following conclusions: 1. The total of 53 lots in the study area have a combined gross area of approximately 393,360 square feet. 2. The average lot size in the study area is approximately 7,420 square feet. The applicant's e×isting combined parcel of 22,500 square feet is the largest parcel in the study are~. The applicant's proposed lots of 11,250 square feet are sub- stantially larger than the average lot size in the study area. Enlargement of the study area will not result in significantly different results. II. The applicant represents that he will give an easement favoring proposed lot #1 accross the westerly lot line of proposed lot #2 for the installation of a sewer line to be connected to th~ Village of Greenport sewer main located at Bridge Street. By this means both pro- posed lots will be able to connect to the Village Sewer System. Public water is available to both proposed lots in that Village of Greenport Water System mains exist in both BridEe Street and ~hamplin Place. ST ST COUNTY OF SUFFOLK Properly Tax Ser¥ice Agency / - NOTICE ~o~c~ ts ~B¥ l~Fpursuant to Se~ion 267 of ~ To~ ~w ~d ~e ~de of &e~¢~9~ of ~uthold, the ~g public he~gs wffi ~y ~e SOUTHOLD ~ BOA~ OF APPE~S at &e ~u~old To~ Hall, ~ Ro~, ~u~o!d, NY at a gul~Mee~g ~mmen~g ,7:~ p.m. on ~URSDAY, ~UARY 9, 19~, and ~ .7~ p.m. Ap~ No. ~ L. DUCHANO. V~ce to ~e ~ning Ordin- ~, ~cle m, Sections 1~- 3~1] (~d 1~-31) for per- ~ to resep~ate lots w~ have ~sufficient lot ar- ~, ~d& ~d dept. ~emiscs ~0~ ~' 715 ~ampl~ ~ ~ promises ~own as 224 ~dge S~eet, Green~ NY, S~lk ~ T~ ~p D~- ~ 1~, ~n 34, Block 3, ~ts 37'~d 53'(53.1). 7:~ p.m. Ap~ No. 3437- ~K ~D MARY BRO- P~. Request to r~dnd a ~us condition~ vat.ce ~ted under Appeal No~ 2922 dated 1/19/82 for ~n- s~n of a deck at premises ~o~. as 75 S~nd S~eet, New S~olk, NY; Suffolk ~unty T~ Map Distfi~ 1~, ~on 117, Bl~k 10, ~t 20.7. 7:~ p.m. Appe~ Ho. 3432- JO~ A~ JOYCE HOL- ZAP~L. V~ce ~m the ~diti~s rendered under Ap- ~1 No 27~ dated 10/15/81 (~d ~ ~ted 7/9/~) ~d/or to w~ve ~e improvements requ~ed ~der Appel No. 27~ ~n~m~g ~vate Road ~I0 ~o~ ~ "Old W~s ~M' ~cated at the east side of~u~ Hater ~ad, Somh- old, ~, ~iden~ed on the S~olk ~ T~ Maps as ~s~ 1~, S~on 87, Bl~k 1, ~t ~.1, ~d approving ac~s p~su~t to New York To~ ~w, Se~ion 2~-a, ~m the east side of ~uth Harbor Road to ~e p~mises in ques- tion, iden~ed on the Suffolk Co~ty T~ Maps ~ District 1~, S~on 87, Bilk 1, ~t 2~.8. ~7:~ p~m. Ap~M Ho, ~- H. NO~ McCULLOUGH IH '~d ANTONE E~ BER- KOSS. V~ce to ~e ~n- ~g~ance, ~icle Ill, Sec- fi~ 1~-31, for approval of insuffi~ent de~ of parcels ~ · is pen~g three-tot m~or subdi~n, l~ted at the cot- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................. ./. ....... weeks successively, commencing on the ...................... .... , Sworn to before me this ..................... day of 19 Notary Public BARBARA FORBES Notary Public, State of Ne,,~ York LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the ~uthold Town Hall, Main Road, . uthold, NY at a Regular Meet. mg commencing at 7:30 p.m. on THURSDAY, JANUARY 9, 1986, and as follows: 7:30 p.m. Appeal No. 340~-- RICHARD L. DUCHANO4 Variance ~o the Zoning OrdiJ nance, Article III, Sections 1003 3~(A)[1] (and 100-31) for perrnis. stun to reseparate lots wh c~ have insufficient lot area, widt~ and depth. Premises known at 715 Champlin Place and prem-I ises known as 224 Bridge Street,! Greenport, NY; Suffolk County Tax Map District 1000, Section 34, Block 3, Lots 37 and 53 (53.1). 7:35 p.m. Appeal No. 343~ FRANK and MARY BROPHY. Request to rescind a previous conditional variant- granted under Appeal No. 29 dated 1/19/82 for construction o. a deck at premises known as 75 Second Street, New Suffolk, NY; Suffolk County Tax Map District 1000, Section 117, Block 10, Lot 20.7. 7:40 p.m. Appeal No. 3432 -- JOHN and JOYCE HOLZAP. FEL. Variance from th~ condi- tions rendered under Appeal No. 2784 dated 10/15/81 (and 688 dated 7/9/64) and/or to waive the improvements required under Appeal No. 2784 concerning Pri- vate Road #10 known as "Old Woods Road" located at the east side of South Harbor Road, Southold, NY, identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 87, Block 1, Lot 23.1, and approving access pursuant to New York Town Law, Section 280-a, from the east side of Seuth Harbor Road to the premises in question, identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 23.8. land area of four lots in this pend- 'ng major subdivision located at .he South Side of New Suffolk Avenue, (110±1.£ east of Deep Hole Drive), Mattituck, NY; Suf- folk County Tax Map District 1000, Section 115, Block 17, Lot 17. 8:10 p.m. Appeal No. 3436 -- CHARLES and SYLVIA WILD. Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule "A" for permission to construct addition to dwelling with an insufficient sideyard set- back, premises known as 250 Lake Court, Southold, NY; Suf- folk County Tax Map District 10~0, Section 59, Block 5, Lot 6. 8:15 p.m. Appeal No. 3354 -- LONG ISLAND SHORES. (Re- cessed from Decembor 12, 1984) Variance for insufficient area ~nd width of parcels in this pend- mg minor subdivision. N/s C.R. 48, Greenport; County Tax Map District 1000, Section 40, Block 01, Lot 20. The Board of Appeals will hear 7:45 p.m. Appeal No. 3429 -- at said time and place all persons desiring to be heard in each of H. NORMAN McCULLOUGH the above matters. Written com- KO~qgIV ~i~,~o~.III and ANTONE E. BER-ments may also bo submitted ----------~, -~.~.~ .--,~r-d?~-~a'~'~'~'e~c?ionng prior to the conclusion of the hearing in question. For more in- ~i0e0~l~efp°trhaoPfPr~racle~sf ~nnstu~i~ formation, please call 765-1809 (alt. 1802). pending three-lot minor subdivi- Dated: December 12, 1985. sion, located at the corner of Ore- gon Road and Cox's Lane, Cutch- BY ORDER OF THE SOUTHOLD TOWN ogue, NY; County Tax Map Dis- BOARD OF APPEALS trict 1000, Section 83, Block 3, GERARD p. GOEHRINGER, Lot 3. CHAIRMAN 7:50 p.m. Appc~l No. 3435 -- ~TJ2-5116 NORTH FORK COUN'rR~ ' CLUB. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B) for permission to reestablish and rebuild coun- try club building which will in- dude a restaurant, kitchen facilities, bar, pro shop with sales and various support rooms such as locker rooms and lounges, existing 18-hole golf course and existing two tennis courts, at premises located at the corner of Main Road and Moore's Lane, Cutchogue, NY; Suffolk County Tax Map District 1000, Section 109, Block 4, Lots 1, 3, 4 and 7. 7:55 p.m. Appeal No. 3434 -- NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance: (a) Article III, Sec- tion 100-30(B)[6}(a) to establish and continue existing and new parking area within 100 feet of street line, (b) Article XI, Section 100-112(A) to vary number of parking spaces to less than that required by parking schedule. Location of Property: Corner of Main Road and Moore's Lane, Cutchogue, NY; Suffolk County Tax Map District 1000, Section 109, Block 4, Lots 1, 3, 4 and 7. 8:00 p.m. Appeal No. 3382 -- MATTITUCK HARBOR AS- SOCIATES and BAY VIEW VENTURES. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient up- STATE~)F NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Mary K. Deqnan of Greenport, in said County, being duly sworn, saya that ha/aha ia Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, publlahed at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the ann'axed la a printed copy, has been regularly publlahed In laid Newspaper once each week for ~ weeks successively, commencing on the 2 dayof January 19 86 >'" Prln:~pel Cl'erk '// ANN ~. A~ATE Sw-rn t 'be' _. <NOTifY PUBUC, State of New York , ~ . ~..,~ Couflt~ N~ ~.~818~7 Southold Town Board of Appeals ~AIN RI'lAD- ~TATE RI-lAD 25 ~nLITH~3LD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SDUTHE}LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 Copies of the notice of hearings and transmittal letter were forwarded to each of the below-named parties by mail 12/24/85: Mr. David E. Kapell as agent for R. Duchano Mr. and Mrs. Frank Brophy Rudolph H. Bruer, Esq. as attorney for the Brophy's Mr. Paul Leary as an opponent Mr. and Mrs. John Holzapfel Mr. H. Norman McCullough III Mr. Donald Denis for the North Fork Country Club Mr. Lewis Edson for the North Fork Country Club North Fork Country Club, Moore's Lane and Main Road, Cutchogue Anthony T. Conforti, Esq. for Mattituck Harbor Associates Mr. and Mrs. Charles Wild Abigail A. Wickham, Esq. for Long Island Shores ZBA Members Town Clerk Bulletin Board posted 12/24/85 Victor Lessard for the Building Dept. ZBA Office Bulletin Board posted 12/24/85 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1609 October 7, 1985 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 3406 Richard L. Duchano This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals_~i.ll be conduc~.ing field inspections and environmental reviews as ~y be required. by State and local laws prior to s_~heduling your.~pplication for a public hearing It is requested in the interim that you proceed with the [X ] Planning Board [ ] 'N.Y.S.D.E.C~ .[ ] Town Trustees in order that they may .submit Kbeir written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled.yor the next available hear ing date. If the above document(s) are submitted by October 24th, it is expected that the public hearing would be held about the middle part of November.._A Copy of the notice of hearings as published in the Long Island.T~aveler-Watchman and the Suffolk Times will be sent to yo_u as confirmation. Please feel free to call at any time if you have ....... Yours very t~uly, any questions. CC: Planning Board GERARD P. GOEHRINGER Memord~Bum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 D~e: To: HEMORANDUH FOR THE RECORD From: Linda Kowalski Ref: Appeal No, 3406 10/17/85 a.m. Richard L. Duchano Dave Kapell was in to advise that~e¢~will be amendment subdivision map to extend lot division line to be "more equal" and suggested ZBA put on hold for awhile. JUDITH T. TERRY TOWN CLERK To: Southold Town OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 20, Zoning Board of Appeals 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3406 application of Richard L. Duchano (David Kappell as agent). Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; and survey. Judith T. Terry Southold Town Cl~rk TOWN OF SOUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR XPPEAL NO. ,~/'/O6 DATE ....~.~D.t~,...~,Q.,....1. 985 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Richard L. Duchano 1, (We) ~)~v.t~..E....Ka~e.l.l..,...a~..a~ert~;.....of ...2..O.Q...~iq~.$...$..~lC.~.~.~.,...~.T..~.~.g~...~,...~.,y' Name of Appellant Street and Number '1 lC3b, b, ....Qr.~t~D. DD,~...~ ................................................................................ ~].,.~'., ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS PROM THE DECISION aP THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....S. eD.1;~...~.9.,....1.9~,5 ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ~00 Front Street, Oreen~ort N ............................................. , ............... ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Vacant land C.O. 1. LOCATION OF THE PROPERTY ...~,.lf...~.r~..~...~.t;~..q.~..t~=...i~.~.~.~lD.9.1%~....A ....................... Street Use District on Zoning Map ................................................................................. Current 0~ner Richard L. Duche~o Map 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.) Article III Section 100-'50-A(1) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordirmnce or Zoning Map . ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ] 6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]kr~ (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 ...................................................................... ( ) (X) ( ) is requ'ested for the reason that have merged. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance applicant wishes to reseparate lots which REASON FOR APPEAL Continued 1. STRICT'APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~/.HARDSHIP because applicant wishes to reseparate two existing lots which have merged due to continuous like ownership for many years. The lots which will result from a reseparation will be similar to the majority of lots in the area. Both lots ha~e frontage on sep- arate streets. Strict application of the ordinan6e will deny the applicant full enjoyment and value of his property ~n spite of the general conformity of the proposed use with the character of the area. 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 most ~iots in the area are smaller than the merged lo~ belonging to the applicant. No other lots in the area run from street to street as does the applicant's merged lot,. 3. The Variance would obse~e the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use will ~e in harmony with and promote the general purposes of the Zonong Ordinance and the use will not prevent the orderly and reasonable use of adjacent pro- perties and the safety, health, welfare, comfort and convenience and the order of the Town will not be adversely affected by the proposed use and its location. The character of the district is similar to the applicant's proposed use. ' " ) ss ........ .~. .. r~. COUNTY OF Suffolk ) / ' "~i~at~'~--~- "r' '' ~*' David E. Kapell, as agent Sworn to this .............. ~.(~,tb, ...................... day c~ ......... Sap.t, emher. ......................... 1985 ND. 52-9356335 Qualified In Sulfa k County Commission Expires March 30, ~ i ~JI?OA~R? OF APPEALS. TOWN OF SOUTHOLD R~. In the Matter.of the Petition of cnarc~, uucnano Tisavt~l ~. En~All; sa~ sa~n'l' tO the Board of Ao~eals of the Town of $outhold 'TO: Thomae Owen Morgan, ~Tr. Sherwood B. Rouse & W£e. Zinc Hull Gus & George Mihelakis NOTICE TO ADJACENT PROPERTY OWNER YOU A~RE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of thee Town of $outhold to request a (Variance) ~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: .22b, Brid~re Street. Suffolk Coun-~y Tax Ma~ I.D.#10bO-34-3-53. ~ ' 3. That the property which is the subject of such Petition is located in the following zoning district: A-Agricultural-Residential 4. That by such Petition, the undersigned will request the following relief: Perm~.~inn tn re-separate two merged l~t$ which are identified n~ ~h~ n~]~ Suffo~ County Tax Map n~ 1OO0-3&-3-37 &1000-~4-~-5~ S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under, signed are A:ticle TTT Section 1OO-~O-,6,(1 ) I' ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of suc~'~/~;k / that you or y~r representative have the right to appear and be heard at such hearing. Dated: Septmmber 20. 1985 . /Richard L. Duchano Petitioner Owners' Names: Richard ~.o Du¢~ano Post Office Address c/o David E. Kapel1 . ~00 Front Street Greenport, N.Y. 119~ PROOF OF MAILING OF NOTICF ATTACH CERTIFI~-D MAIL RECEIPTS NAME Thomas Owen Morgan, Jr. Sherwood B. Rouse & Wfe. Zina Hull Gus & George Mihelakis ADDRESS 215 champlin Place, Greenport, N,X, Champlin Place, Greenp~rt, N.Y. 11944 333 Pearl Street, Greenport, N.Y. 31-46 35 Street, Astoria, N.Y. 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) D~v~d, ,R~ ,KaPe!l of g~p'l:omber SS.: ,19 85 , residing at 400 Front Street. Greenport. N.y. , being duly sworn, deposes and says that on the ~0 day deponent mailed a tzue 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 $outhold; that said Notices were mailed at the United States Post Of- flceat Oz~eennort. N.Y. 11944 (certified) ~$~C~nail. Sworn to before me this 20 // ' Notary Publ, / / JOSEPH Ii TOWNSEND, JR. /// NOThRy PUBLIC, State of New Yo~k No. 52-9366335 Qual~Jed Jn Suffolk Counr~ ~/ ; that said~Lc~es were mailed to each of said persons by (~#~tS ~t'de does not p~6Perty :0,ne~'s. ) have' to be completed (Today ~ Dat~) ' To: Southold Town Board of Appeals Main Road Southold, NY 11971 Richard L. Duchano Re: Appeal Application of David F.. Kabell. ~ a~en~ Location of Property: _Brid_g~ Street (~P~) - Greenport: N.Y. ~944 Dear Sirs: In reference to the New York State Tidal Wetlands Land-uz~, Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmcntal Conservation Law, please be advised that the subject property i.n the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wet]ands; however, con:~tructed along thc water-lying edge of this property is a bulkhead ii1 very good condition and at least 100 feet in length. · [ ] May b'e located within 300 feet of tidal wetlands however, constructed along the water-lying edge of this property is a bulkhead in need of (minor (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidai wetlands; ~and there is no bulkhead or concrete wall. existing on the premises. -Ix] not appear Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does to fall within the jurisdiction of the N.Y.S. D.E.C.] NOTE: approval must be your application Sincerely yours, /ign~t6'fe please)' If proposed project fall~ wi .tg}in D.E.C. jurisdiction, received an~ submitted to our office before can be scheduled for a public hearing. i~e i~.l.~. Lnv]ronmental (~uatity t{cview Act i'b~res sub- mission of this ~orm, and an environmental review will be made by this bo before any action s tarn. ,SHORT ENV1RON~.ENTAL A$$~o~.E.h FC?~M (a) In order to answer the questions in thi~ short CAF is is assuned that the preFarer will use currently available lnfor~.ation conoernln~ the project and the t~ely ~c%~ of the acc!on. It l~ not e~ected that additional ~%udie~ or other invest~ations w~l be ~dertaken. (b) If any question ha~ been answered Yes tho project m~y be si~lficant and completed Enviro~ental Assessment Fo~ i~ necessar/. (c) If all questions have been answered No it is l~ely t~t thl~ project nc% slgniflcant. (d) ~uironzentaI Assessment 1. W~i project reset In a lares physical to the project site or physically alter more t~n 10 acres of land? . . ..... Yes X 2. Will there be a ~Jor change to any ~lque or unusual lan~ fo~ fo~d on the site? . Ye~ ..X No 3. W~i project alter or ~ve a large elf.ct on an existinE body of water? . . . . . . ... Yes ..X L. W~l project have a potentially 1arq. ~c5 on ~o.~dwater quality? ' ' ' ' ' · . . . Yes X W~i project si~iflcantly effect draina6e ~ on ad~ace~t sites? ' · ' ' ' · · Yes X 6. Will p~oJec% affect any t~eatened or endangered plant or angel ~pecies? . . . . . . . Yes ~ No 7. W~I project reset in a major adv, rs~ ~ff,c% on air quality? · ' · ' . · · . Yes X NO 8. W~l project have a major effect on vise.1 acter of the community or scenic views or vistas kno~ to be ~por~ant to the community? * * . _ Yes ~ No 9. Will proJec: adversely ~pac% any site or ute of his:oric~ pr~-his~oric~ or pal~on:olo~lcal importance or any site desi~a~ed as a crl=ical enviro~en~l area by a local agency? · · · . ,, Yes X No 10. W~i proJec~ have a ~Jor effec: on exi~%~g or future recrea=ional oppor%~i:ies? · · · _ Yes ~ No 11. Will project result in ~Jor traffic problems or cause a major effect to existing %ranspor%a%ion systems? · · . · · . · · . . · . Yes X 12. Will project reg~arl7 cause objectionable odors. noise, glare, vibration, or electrical ance an a reset of the project's operation? . Ye~ ~ 1). Will project have any impact on public health or safety? · · ' . . . . . · . . Yes X 1L. Will project Affect the existin& co,unity by directly causin~ a ~rowth in permanent pop~a- tion of mor~ t~an 5 ps,cent over a on~yQa~ period or have a major ne~atlve effect on charact~- of the cOmmunkty or nexKnborhood?. Yes . .X 15. Is there~contr~versy c~ernxng ~%e project? Yes PREP~R, 3 SICNATL~E %~ - rI~: Agent DATE: Sept. 20~ J98~ chard L. Duchano PLA~F. .,¢. P.¢ ° O .I