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Home My WebLink About3420 122 8155 Main Road 06 ~_~u_r__e__! ~ _N~_ ~ 029 r_esul_~g ~i~ _i_ns~_f_.f~cien_t wig~~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3420 Application Dated October 22, ]985 TO: Mr. J0hs DeReeder as Agent for SUNBOW ASSOCIATES 240 Wampum Way Southold, NY 11971 (Public Hearing 11/14/85) At a Meeting of the Zoning Board of Appeals held on December 12, ]985 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 VII , Section ]00-7], Bulk Schedule [ ] Request for Application of SUNBOW ASSOCIATES Appeal No. 3420 Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for approval of insufficient lot width (frontage) of four proposed parcels located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29. WHEREAS, 1985 concerning under Appeal No. a public hearing was held and the Matter of the Application 3420; and concluded on November of SUNBOW ASSOCIATES 14, WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record 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. The property in question is located in the "B-l" General Business Zoning District having a total frontage along the north side of the Main Road in the Hamlet of Laurel of 507.16 feet and total acreage of 4.176 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 29. 2. By this application, appellant requests approval of insuffi- cient lot width (frontage) of four parcels in this Minor Subdivision pending before the Southold Town Planning Board of 126.79 feet each. Each of the proposed parcels is in compliance with the area and depth requirements of the code: (a) Parcel 1 of 49,585 sq. ft. in area and average lot depth of 392.28 feet; (b) Parcel 2 of 47,361 sq. ft. in area and average lot depth of 373.18 feet; (c) Parcel 3 of 44,205 sq. ft. in area and average depth of 348.64 feet; (d) Parcel 4 of 40,759 sq. ft. in area and average depth of 322.19 feet. 3. Article VII, Section lO0-71, and Bulk Schedule of the Zoning Code, requires a minimum lot width of 150 feet. (CONTINUED ON PAGE TWO) DATED: Form ZB4 December 19, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3420 Matter of SUNBOW ASSOCIATES Decision Rendered December 12, 1985 4. In considering the alternatives submitted by applicant, it is the board's opinion that this application as applied is the most practical and reasonable in assuring appropriate and adequate building area and circulation. In considering ~his appeal, the board finds: (a) that the relief as requested is not out of character with this zoning dis- trict; (b) that the circumstances of this appeal are unique; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief is not substantial, being 15% of a variance from the requirements; (f) that there is no other method other than a variance feasible for appellant to pursue; (g) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3420 in the Matter of the Application for SUNBOW ASSOCIATES for cgproval of the insufficient lot width (frontage) of 126.79 feet along the Main Road of each of the proposed four lots in question, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: There be no lot area or lot width reductions to less than that shown on Minor Subdivision Map prepared by Roderick VanTuyl, P.C. dated June 27, 1985. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Chairman Goehringer and Member Doyen of Fishers Island were absent.) This resolution was adopted with an unanimous vote of three members. lk CHARLES GRIGO~JIS, J)~.' CHAIRMAN December 19, 1985 PRO TEM ;~N HALL ~/ ,.;',IA;H aOAD . S.a. 25 ,./ 50UTHOLD~ H.Y.~IlgZ~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law ano the Code of the Town of ......... Sou'ti~old, 'Lhe~u'~ 'uwl'-g puu,~c' hearings will be held by the'SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Halt, Main ROad, So~ho!d~.N~.a~ a Begular Meeting commencing at 7:30 p.m. on THURSDAY,' NOVEMBER 1'4, 1985 and as follows: 7:35 p.m. BENJAMIN KOWALCHUK - Appeal No. 3417. Variance to the Zoning Ordinance, Article III, Section 100L32 for permission to locate accessory lawn building in 'an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District i000~ Section 86,~ Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI - Appeal No. 3407. Special Exception to the Zoning Ordinance~ Article VIII, Section 100-80 for permission to establish a retail food store in conjunction with a single-f.amily residential use at premises located in this "C-Light Industrial" Zoning District, known as 730 Love Lane, Mattituck, NY; County Tax Map District lO00, Section 140, Block 2, Lot 18, 7:45 p.m. RUTH BOHN Appeal No. 3373. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, C~tchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 p.m; SUNBOW ASSOCIATES Appeal No. 3420. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule i~or approval of insufficient lot width (frontage) of four proposed parcels located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29. ~' 7:55 p.m. ROBERT HUNGERFORD - Appeal No. 3427. Variance to the Zoning Ordinance,;Article II~, Section 100-32 for permission to locate accessory garage structu~ in an area ~ther than -t~e required rear yard at 2460 Grandview Drive, Grandview Estates Subdivision Lot'#4, Orient, NYi County Tax Map District 1000, Section 14, Block 2, Lot 3.8. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Thursday, November 14, 1985 8:05 p.m. EUGENE AND DIANE GIANNONE - Appeal No. 3416~ Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of an accessory garage structure in an area other than the required rear yard at premises identified on the Suffolk County Tax Maps as District 1000, Section i06, Block 8, Lot (part of 50.3)3 located on a private right-of-way off of Sunset Drive, Mattituck, NY. 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 ques- tion. For more information, please call 765-1809 (alt. 1802). ~ Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: .Thursday, November 7, 1985, and forward seven affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before November llth~ Copies to the following 11/4/85: Suffolk Times L.I. Traveler-Watchman (personal Town Clerk· Bulletin Board ZBA Bulletin Board ZBA Individual F. iles Building Inspectors delivery) i~r. Benjamin Kowalchuk, 3375 Wells Road~ Peconic Mr. and Mrs. FraHk Ammirati, 730 Love Lane, Mattituck, NY Mrs. Ruth Bohn, Box 45'3, Beebe Drive, Cutchogue, NY Mr. John DeRidder, as agent for Sunbow Associates 240 Wampum Way, Southold, NY Mr. Glenn Heidtmann, Box 932, Cox Lane~ Cutchogue as builder for Robert Hungerford Mr. and Mrs. Eugene Giannone, Main Road, Mattituck, NY 11952 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ ~..,~..~: .............. PLEASE TAKE NOTICE that your application dated ....~. ~. )..~. ...... , 19 ~.&.~. for permit to ~ .' .~..'.~.'..~.. ................................................ at Location of Property . .~. ~.~.~.~. ..... .'~.~,~..~. ~ ...... ~....~.,/~ .................... House No. Street Hemlet County Tax Map No. 1000 Section .... }..~_,..3,,. .... Block .... .q~..f~. ..... Lot ....(~., .;¢-.~ ..... Subdivision ................. Filed Map No ................. Lot NO .................. is returned herewith and disapproved on the following grounds. ~ '.~..~.-~...~~... ~.o..~.:, .,,......~.... :. ~~.....~.. ~...q....~ .~j~ , --,. , k~ _- ~ £ , ~ ~.,. .~.+ : . .D~. . ~. ~. . ~ ~ .,. ~. : ~.~ , ..~ ~ . .e~, ..... ,:~.c-,")~' ' ';, ........... * ............. ~ ........ ~, ......... ;:~ .~4~.~ ............................................ : .......... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 DATE ~.:.~...!..~.;,...J..? ~ ~- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...................................................................................' Name of Appeffa~ ~ . ~']~'""D"';'C';'"";"7'~t eetana ~um~ ......................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... of WHEREBY THE BUILDING INSPECTOR DENIED TO ......................... Name of Applicant for permit ........................ · L-J:..V. ......... ..%...a., ...................... ., ................................................... Street and Nurrfber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY .... ~.!...~...b........~..{.~...~.o...~....q..%~.. ,.~..~..~/"~ ~ ~ Street Use District on Zoning Map ................................................................................... Current Owner ~a /4~,qco~ ~,-D-$ 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 Orc]i,nonce.) 3. TYPE OF APPEAL Appeal is made herewith for 't'?(O A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A prewous appeal ~~ been made with,respect to this decision 4. of the Building Inspector or with respect'to this prop-~e~. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ...............................Dated ................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection "~//Z4 A Variance to the Ordinance Zoning ( ) ,s requested for the reason that ~r~t~r~~ Form ZB1 (Continue on other side) / REASON FOR AP~aEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practice[ difficulties or unneces- sary HARDSHIP because Two other subdivision plans for this property were considered, neither of which required a lot width variance. The other plans, skewing the lot sidelines to accomodate the necessary lot width, or alternatively, fronting three lots on Route 25 and providing for a fourth lot at the rear of the property, demonstrate poor planning, and result in an inferior overall plan. Additionally, the latter plan unnecessarily increases the cost of the subdivision. 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because Most properties in the area were subdivided before present zoning regulations were in effect. Also, though this property is larger than required for a fonr lot subdivision in B-1 zone, its particular proportions allow insufficient width--by about 23 feet per lot--for four lots with parallel sidelines. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Surrounding properties nearly all were subdivided at an earlier time. The lots in this subdivision more closely conform to present zoning bulk laws than most similar lots nearby. STATE OF NEW YORK ) ) ss COUNTY oF ........................ ................................. Sworn to this ....... ~.,~,~,~.?~. ....................... day of ....... Notary~ Public (~WNER TOl~bi O~ $O~THOLD STREET VILLAGE CARD SUB. LOT RES. FOJ,f, MER OWNER ACR. LAND AGE NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swompk:nd Bmshland IMP, NORMAL 'TOTAL FARM DATE BUILDING CONDITION BELOW ABOVE .~Ac r..r~eVa b e Per Value House Piqt Total W CO,gM. CB, MISC. REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH TYPE OF BUILDING Mkt. Value DOCK NOTICE IS HEREBY GIV- EN, 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, NOVEMBER 14, 1985 and as follows: 7:35 p.m. BENJAMIN KO- WALCHUK- Appeal No. 3417. Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to locate accessory lawn building in an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot8. 7:40 p.m. FRANK AND DI- ANE AMMIRATI- Appeal No. 3407. Special Exception to the Zoning Ordinance, Article Vlll Section 100-80 for permission to establish a retail food store in conjunction with a single- family residential use at pre- mises located in this "C-Light Industrial" Zoning District, known as 730 Love Lane, Mat- tituck, NY; County Tax Map District 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RUTH BOHN- Appeal No. 3373. Variance to the Zoning Ordinance, Article IlL Section 100-31, Bulk Schedule, for approval of in- sufficient lot area and width (frontage) of two parcels locat- ed at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 03, Block 9, Lots 2 and 3. 7:50 p.m. SDNBOW ASSO- ?IATES- Appeal No. 3420. Variance to the Zoning Ordin- ance, Article VII, Section 100- 71, Bulk Schedule for approval of insufficient lot width (front- age) of four proposed parcels located at the north side of Main Road, Mattituck, NY; unty Tax Map District 1000, tion 122, Block 06, Lot 29. :55 p.m. ROBERT HUN- GERFORD- Appeal No. 3427. Variance to the Zoning Ordin- ance, Article Ill, Section 100- 32 for permission to lcoate accessory garage structure in an area other than the requir- ed rear yard at 2460 Grand- view Drive, Grandview Estates Subdivision L~t #4, Orient, NY; Cou,,y T&x Map District ~ 8:05 p.m. EUGENE AND DIANE GIANNONE- Appeal No. 3416. Variance to the Zoning Ordinance, Article Ill, Section 100-32 for approval of rear yard at premises identi- fied on the Suffolk County Tax Maps as District 1000, Sec- tion 106, ~lock 8, Lot 50.07 (part of 50.3), located on a The Board of Appeals will hear at said time and place all persons desiring to be heard in COUNTY OF SUFFOLK 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 .......... /. ........... d~'(?~.'.'.~.'~. 7 ..... 19..ff.. Sworn to before me this .......... ' ........... day of ..... //'!'~'~"~ ,19 ~;i J: .... ;;~ ..... ~z;~A,--~ . ..... Notary Public BARBARA FORBES Notary l~blic, State of New York No. 480~846 Qualified in Suffolk County ~=, Commission Expires March 30, 19' ~= DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals PETER F, COHALAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING February 24, 1985 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) Municipal File Number(s) James & Mary Tyler ~sichard L. Duchano & West Dublin Realty unbow Associates Charles & Sylvia Wild 3400 3406 3420 3436 Very truly yours, Lee E. Koppelman Director of Planning GGN:gcc S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RE)AD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, 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 Planning Commission: × Variance from the Zoning Code, Article VII , Section 100-71, Bulk Sched. Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3420 Applicant: SUNBOW ASSOCIATES Location of Affected Land: NORTH SIDE OF MAIN RD., MATTITUCK,N.Y. County Tax Map Item No.: 1000-Section 122, Block 06, Lot 29 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 Fedo~ally Owned [ and Boundary of Existing or Proposed County, Stat~ oF Fedcr~lI FaFk or Other Recreation Area COMMENTS: lot width Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Esi:ahlished (:ha-nel Lines, Within One Mile of a Nuclear Power Plan[ Within One Mile of An Airport. Applicant is requesting permission ~ for approval of insufficient (frontage) of four proposed parcels Copies of Town file Dated: February--3, and related documents enclosed for your' revi~.w. Southo!d Town BOard of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 20, 1985 Mr. John DeReeder 240 Wampum Way Southold, NY 11971 Re: Appeal No. 3420 Sunbow Associates Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered 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 approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802 Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Hand Delivered Enclosure Copy of Decision to Building Department Planning Board Suffolk County Planning Commission By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHDLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 LEGAL NOTICE NOTICE IS HEREBY GIVEN pursuant to Section 267 of the Town Law and the Code of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Soutbeld, NY at a Regular Meet- mg commencing at 7:30 p.m. on THURSDAY, NOVEMBER 14, 1985 and as follows: 7;35 p.m. BENJAMIN KOW- ALCHUK - Appeal No. 3417~ Variance to the Zoning Ordi; nance, Article III, Section 100-32 for permission to locate acce~ory lawn building in an area other than the required rear yard at 3375 Wells Road, Peeonic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI - Appeal No{ 3407. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to establish a retail fo~d store in conjunction with a single-family reaidential use at premises located in this "C-Light Industrial" Zoning District, known as 730 Love L~ne, Mat- tituck, NY; County Tax Map Dis- trict 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RUTH BOHN- Ap- peal No. 3373. Variance to the Zoning 'inance, Article IH, Section ~-31, Bulk Schedule, for approval of insufficient lot area and width (fronage) of two parcels located at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and p.m. SUNBOW SOCIATES - Appeal No. 3420. Fariance to the Zoning Ordi- hence, Article VH, Section 100. 71, Bulk Schedule for approval of insufficient lot width (from tage) of four proposed parcels 1o- cated at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section Block 06, Lot 29. 7:55 p.m. ROBERT ~ppaal No. 3427. Variance to the Zoning Or- dinance, Article III, Section 100. 32 for permission to locato acces- sory garage str~cture in an area other than the required rear yard at 2460 Grandview Drive, Grandview Estates Subdivision Lot #4, Orient, NY; County Tax Map District 10~0, Section 14, : Block 2, Lot 3.8. 8:05 p.m. EUGENE AND DIANE GIANNONE - Appeal No. 3416. Variance to the Zoning Ordinance, Article HI, Section 100.32 for approval.of the con- struction of an accessory garage structure in an area other than the required rear yard at prem- ises identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, LOt 50.07 (part of 50.3), located on a private right-of-way offofSunset Drive, Mattituck, NY. The Board of Appeals will hear at said time and place all persons desimng to ~e heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TN7-5069 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Mary K. Degnan _ ofGreenport, in said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, 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, c(~mmencing on the 7 day of Novemb e r 19_8_--5 Sworn to befor~ JUDITH T. TERRY Towr,~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OFTHETOWNCLERK TOWN OFSOUTHOLD October 22, 1985 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, 3420 application of John F. deReeder for Sunbow Associates for a variance. 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 Assess- ment Form; letter from the Planning Board; and survey. Judith T, Terry Southold Town Clerk Southoid Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS November 14, 1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. S . E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION 30$EPHH. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3420 I~ROJECT NAME: Sunbow Associates 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 thi~ declaration should not be considered a determination made for any other department or agcncy which m~y also have an application pend~ng I~o~ thc same or simi]~r p[-c~ject. TYPE OF ACTION: [ ] Type Ii IX] Unlisted [ ] DESCRIPTION OF ACTION: Subdivision with permission of Planning Board resulting in insufficient width LOCATION OF PROJECT: Town of Soutt~o[d, County of Saffolk, more ]?art]cularly known as: Main Road, Laurel, NY 122-6-29 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to ~he environment are likely to occur should this project be imple- me~ted as planned; (2) The relief requested is not directly related to new construction. (3) The property in questlon is not located within 300 feet of tidal wetlands or other critical environmental area. FO]{ FURTHER INFORMATION, 'PLEASE CONTACT: Linda Kowalski, Secretary, s~uthold Town Board of Appeals, Town Ball, 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. Southold, N.Y. 11971 (516) 765-1938 October 23, 1985 Mr. John deReeder 240 Wampum Way Southold, NY 11971 Re: Subdivision for Sunbow Associates Dear Mr. deReeder: The following action was taken by the Southold Town Planning Board, Monday, October 21, 1985. RESOLVED that the Southold Town Planning Board request that the subdivision of Sunbow Associates be amended to show three lots each with a minimum lot width of 150' If you have any questions, please don't hesitate to contact our office. Very truly yours, Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Post Office Box 558 Southold, New York November 15, 1985 11971 Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Dear ZBA: The following is a list of the principals of the partnership doing business as Sunbow Associates, owning property at Main Road, Laurel, reference your appeal number 3420: Bonnie Bauman 1065 Hyatt Read Southold, New York 11971 Paul Stewart 238 Leeton Drive Southold, New York 11971 Penny F. Trigg 5 Anchorage Road Port Washington, New York 11050 Libby Trigg 301 East 79th Street New York, New York 10021 Irving Eskenazi 4 Puritan Road Rye, New York 10580 Please call on me whenever regarding this matter. tn F.idel Reeder, for I can be further help to you Sunbow Associates Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI APPEAL NO.: PROJECT NAME: November 14, 1985 S.E.Q.R.A. NEGATIVE E.~VIRONMENTAL DECLARATION Notice of Determination of Non-Significance 3420 Sunbow Associates This notice is issued pursuant to Part 617 of tile 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 tile reasons indicated below. Please take further notice that thi~ declaration should not be considered a determination made for any other department or agency which m,~y also have an application pending l~or th{: same or simiJ~r TYPE OF ACTION: [ ] Type Ii IX] Unlisted [ ] DESCRIPTION OF ACTION: Subdivision with permission of Planning Board resulting in insufficient width LOCATION OF PROJECT: Town of Southo[d, County of S~ffolk, moro [>articularly known as: Main Road, Laurel, NY 122-6-29 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short f~rm has been submitted which indicates that no significant adverse effects to ihe environment are likely to occur should this project be imple- mcpted as planned; (2) The relief requested is not directly related to new construction. (3) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linde Kowalski, Secretary, Southold Town Board of At,peals, Town Ilall~ Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to th~ applic~mt or his agent and posted ~n the Tcwn Clerk Bulletin Board. Mem~'randum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N,Y, 11971 765-1809 To: From: Re: Date: 10/29/85 MEMORANDUM FOR THE RECORD Linda Kowalski Appeal No. 3420 Sunbow Associates Pending Area Variance, B-1 Zone At the request of the Chairman, I called Town Attorney Tasker today and asked him if the ZBA was authorized to proceed with the pending area variance of Sunbow Associates in the proposed subdivision project, particularly since it is located in the B-1 Zone which may be affected by the recent moratorium under Local Law #14. Mr. Tasker advised that since the applica- tion did not appear to involve a change of use, that we could proceed. He further advised, however, that the Building Department, ZBA and PB are not permitted to proceed if an application is made for a change of use or zoning, or site plan approval, or building permit. T LD Southold, N.Y. 11971 (516) 765-1938 October 8, 1985 Mr. John de Reeder 240 Wampum Way Southold, NY 11971 Re: Sunbow Associates~ ~ ~ . ~. ~ Dear Mr. de Reeder: The Planning Board reviewed the above mentioned application Monday, October 7, 1985. It was the consensus of the Planning Board to conduct a field inspection of the premises prior to any further action or recommendations. It was also noted that the application will require a variance on the insufficient lot width. Please contact the BUilding Department on the procedure for applying to the Board of Appeals. If you have any questions, please don't hesitate to contact our office. Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAI~HAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~ DATE..O.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ......... : ........................................................... ~.~ :h......~...~.~.~.¢ ~.~..~.~. ........................ Name of Appellant Street ~nd Number ....... .............................................................. ...L}...~....~....!?...~........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................... WHEREBYTHEBUILDING INSPECTOR DENIED TO ...... ~.,.~.~,.~.o..,:~......~.z.z.~::~:~..~. ....................... Name of Applicant for permit ........................................... ~ Municipality State Street and ~umber ............................. ;' ........................................ (~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ............ '_'~l b,.~.~ .................... [~J~,~ .~.~)~,L~^~r_~ .................................... :~ ........ ~- !.ii ........ Street Use District on Zoning Map lv~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 ~ A VARIANCE to the Zoning Ordinance Zoning Map or ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ('J"~,~O((has not).)been made with respect to this decision of the Building Inspector or with respect to this--~'- / p~Ser y~/. Such ~ppeal 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 ~-- J (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becouse Two other subdivision plans for this property were considered, neither of which required a lot width variance. The other plans, skewing the lot sidelines to acco=oders the necessary lot width, or alternatively, fronting three lots on Route 25 and providing for e fourth lot ut the rear of tile property, demonstrate poor planning, and result in an inferior overall plan. Additionally, the latter plan unnecessarily increases the cost of the subdivi~ion. 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 Moat properties in the area were subdivided before present zoning regulations were in effect. Also, ttlough this property is larger than required for a four lot subdivision in 5-1 zone, its particular proportions allow insufficient width--by about 23 feet per lot--for four lots with parallel sidelines. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Surrounding properties nearly all were subdivided at an earlier time. Th~ lots in this subdivislon more closely conform to present zoning bulk laws than mosg similar lots nearby. Sworn to this ...~.y~.~.~. .......................... day ....... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : to the Board of Appeals of the Tow,n of Southold : TO: New York State ) Alice G. Brower and others ) Andrew and William Goodale ) owners of Terry Woodhull ) to property Harvey Bagshaw and another ) YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER properties adjacent of Sunbow Associates 1. Thza~i~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Vatiance),~(Special Exception) (Spocial Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4 176 ......... ~ -~- ~'--' ~--" ~-'-t ........... bounded on the west by lands now or formerly Gnnd~l, ~nd n/~ Woodhull, on the north by lands n/f Bagshaw and ano. and n/f ~rower and ano., and on the east by land of New York State. 3. That the property which is the subject of such Petition is located in the following zoning disl;rlct: 4. That by such Petition, the undersigned will request the following relief: ?.=!i=~: from lot width requirement of 150 feet per lot, so that .lots of approximately 127 feet may be approved $. That the provisions of the Southold Town Zoning Code applicable to the relief sou~t by the uflder- signed are Article VII Sectic~ I00-71 ' [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the da~e of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, flewspapers ~ in ~he Town of Southold and designated for the publication of such notices; that you or your repres~,~atiwe ~ the · i~ht to appear and be heard at such hearing.~ Dated: October 15, 1985 Petitione ~ l Owner, Names . Post Oft ce Address 1065 _"_yett Southold, New York 11971 P 571 532 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State and Zl~ Code ~ Postage Special Delive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Date, and Address of Delive~ PROOF OF MAILING OF NOTICF ~CH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) bei,$ d~l~ sw0rn depOses[and's'ays ~ha~ ~n'the ~ ~'~L. day dePonent mai ed a ~rue copy of the Noti.ceset t~orth 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 ~s shown on the current assessment roll of the Town of Southold; that said Notices were mailed a~ the United States Post Of- ed.- that said mailed to each of said by ; Notice/s~re persons . Sworn to. before me this J~ ~ ~/ day of (/~/~ ~ , 19 c~ ~ NoCry Public UNDA J, COOPER NOgSIJqY PUBLIC, State o~ New~ No. 4822E63, Suffolk Term Fa~ire~ March 30, 19.~.~ (This side does not have to be completed on form transmitted to adjoining property owners.) Date) To: £outho!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of _ Location of Property: Dezr Sirs: In ref,:rence to the New York State Tidal Wet]ands Land-U:se Regulations, 6 NYC~IR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please ch~:ck ~e box) [ ] ~l.,y be located within 300 feet of tidal wetJand~ hob;ever, constructed along the water-lying; edc/o of this p~'operty is a bulkhead in very good condition and at least 100 feet in length. ~ [ ] May b~ 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 tid~i wetland=; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] S~ i n c~r,~e 1 y yours, NOTE: If proposed project falls wil .tgk_in q.~.C, jurisdiction, approval must be received an.d submitted th' our office before your application can be scheduled f6r a public hearing. The N.Y.S..Lnvironmental Qua}lty l(c'v~ew_aAct requires sub- mission of thl~forml~nd an environnlentatevilwill be made by this b~d bd~lBre any action is taken. ~ S__HORT ENVIRO~.~.ENT~L ASSFS~MENT FOP24 INSTP~TZChS~ (a) In order to answer the questions in thla short gAF Is is aasumed that the pre~arer will use currently available lnfo~ation concerning the proJact and the ]~kely lm.~acta of the action. It ia not ex"peered that addition;al ~tudle~v re,earth or Giber lnvestigatlon~ w~l bo ~dortak~n. (b) If any question ha~ been answered Yes th, project ~y be ~l~iflcan~ and a cc~p!eted Envlro~ental A~essment Fo~ 1~ nece~ar/, (c) If all quesclons have been answered No i: lm lik,l~ tbs% tht~ proj,ct 1~ p~% ~ignlflcant. (d) Environmental Amsemsment 1. Will project raeu.lt in a large phyeical change to the project site or physically alter more than 10 acre~ of land? , , , · , , , . 2. Will there be a major change to any unique or unusual land fo~m found on the site? WLll project alter or have a large effect on an existing body of water? . . . , . Will project have a potentially large impact on groundwater quality? , , , . . , . Will proJec~ significantly 'affect drainage flow 6. Will project affect any threatened or endangered plant or animal epe¢les? o . . . . . ?. WLll project result in a major adverse effect on Will project have a major effect on visual char- 9. Will project adversely tm. pact any alta or struct- ure of historic, pre-historic, or pal~ontologlcul importance or any site designated as a Critical environmental area by a local agency? . . . 10, Will project have a major effect on exioting or future recreational oppor%unltiea? . . . 11. Will project result in mmJor traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noisa, glare, vibration, or electrical disturb- ance an a result of the project':; operation? Will project have aoy impact on pub].lc health or Will project Affect %he e×lsting co~zunity by directly causin~ a growth in permanent tlon of mora than ~ percent Over a one-yaar period ~ have a ~ajor negative effect on 15. Is there pli~l~e ~r.r~versy~ ~ /~ ~ '~.ccncernlng th~ proocz~ ., Ye~ No · Yes ~ No Yes _~ No Ye~ % No Yoa ,,~ No , , Yes ~ No Ye. _~ No -- Yes ~ No Yes ~ No Yes~ No Yea .~Q No Ye~X~_. No .... Yea ~ Yes ~/~ No / 6gV2-.~