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HomeMy WebLinkAbout3347 405 Williamsburg Dr. Southold #3347 Szala, Alice Variance for access over right of way~°~'~) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SDUTHnLD, L.I., N.Y. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3347 Application Dated March 20, ]985 TO: TELEPHONE (516) 765-1809 Mrs. Alice Szala Mr. Stanley Karanewski, c/o Four Sails Realty [Appellant(s)] as agent At a Meeting of the Zoning Board of Appeals held on June ]3, ]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 , Section [ ] Request for Application for ALICE SZALA by Stanley Karanewski, P.O. Box Cutchogue, NY 11935, for a Variance pursuant to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Williamsburg Drive," located off the South Side of Main Bayview Road, Southold, NY, to premises identified on the Suffolk County Tax Maps as 1000-78-05-17. 498, WHEREAS, a public hearing was held and concluded on June 13, 1985, in the Matter of the Application for ALICE SZALA under Appeal No. 3347, at which time no objections were received for the record; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, including the March 27, 1985 Road Inspection Report No. 437 prepared by John W. Davis as requested by the Z.B.A.; and WHEREAS, the board members are familiar with the property and the area in question; and WHEREAS, the board made the following findings of fact: 1. The property to which applicant is requesting approval of access to is located in an "A-Residential and Agricultural" Zoning District and is more particularly shown on the Suffolk County Tax Maps as District lO00, Section 78, Block 05, Lot 17. 2. The right-of-way in question is located along the southerly side of Main Bayview Road having a legal width of 50 feet and extending in a southerly direction 457± feet from Main Bayview Road to the parcel in question. (CONTINUED ON PAGE TWO) DATED: June 24, 1985. CHAIRMAN, SOUTHOLD TOWN OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Pag~ 2 - Appeal No. 3347 ~-Matter of ALICE SZALA Decision Rendered June 13, 1985 3. Existing road conditions are as follows: 122 ft. length beginning 10' from Main Bayview Road; loamy sand and gravel recently graded for a 20' + width. One new catch basin 40 ft. 61 ft. length - Sand and loam 20+ ft. in width; 88 ft. in length Course gravel 3± inches in depth and 13 ft. width; 80 ft. length - Sand and loam 10 ft. in width; 36 ft. in length Bluestone and gravel 3± inches in depth and 8+ ft. width; 146 stop sign. ft. length - Partially used, topsoil with grass growth to 533 ft. total length. 4. The access road is in need of improvements, particularly in areas that are unstable, apparently due to prolonged wet condi- tions and spring thaws. In considering this application, the board has determined that the variance be granted as noted below since: (a) this right-of-way appears to be the only ingress to and egress from appellant's properties and it is appellant's contention that this is the legal right-of-way to the premises of record; (b) the relief requested is not substantial; (c) there will be no sub- stantial change in the character of the neighborhood or substantial detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appel- lants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to grant approval of access applied for under Appeal No. 3347 in the Matter of the Application for ALICE SZALA over the private right-of-way referred to as "Williamsburg Drive," located on the south side of Main Bayview Road, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet, improved as follows. 2. Place a four-inch compacted course of three-quarter inch (3/4") crowned stone blend throughout on the existing surface. The areas of gravel and bluestone can become part of the four-inch depth of stone blend; and 3. The first 100 ft. or more of the improved access shall regraded to make the catch basin (referred to, supra) effective. This will probably require removal of some of the present material prior to the application of stone blend, and be 4. The use of recycled (crushed) concrete could be considered as an alternate for the stone blend; and 5. There shall be a clearance of 30 feet at the end of the access road for turnarounds; and Page 3 - Appeal No, 3347 Matter of ALICE SZALA Decision Rendered June 13, 1985 6. This right-of-way shall be maintained at all times in good, satisfactory condition; 7. All of these conditions be met prior to the issuance of any building permit for any lot abutting and requiring legal access over this right-of-way, or June 1, 1988, whichever shall be first, or this variance shall be deemed void in its entirety, and additional application and updated reviews will be necessary automatically; 8. That the grant of this variance does not become effective until all of the conditions set forth herein have been complied with and accepted by the town in writing and after written request for a final inspection and acceptance; 9. That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning the improvements of this right-of-way. 10. Extension of this right-of-way to lot(s) at the southerly end [past the parcel in question] shall also be subject to the same improvement requirements prior to the issuance of any building per- mit, or June 1, 1988, (for lots 1000-78-5-10 or 16), as well as widening of the last 30 feet of this right-of-way for turning of emergency vehicles; ll. This 280-A approval with conditions shall include all lots abutting and requiring access over this right-of-way. Vote of the Board: Ayes: Doyen, Douglass and Sawicki. This vote of all the members. Messrs. Goehringer, Grigonis, resolution was adopted by unanimous lk I ECEIVED AND FILED BY THE SOUTHOLD TOWN To~ Clerk, Town of RD P. GOEHR:NGER, C~I~IRMAN June 24, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of ~outhold, 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 Meet- ing, commencing at 7:30 p.m. on THURSDAY,-~JUNE 1'3, 1~85, and as follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road, Sou~hold, NY for a Variance to the Zoni~ng Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of proposed parcel to be set off, located at the South Side of Chestnut Road, Southold, NY; County Tax Map Parcels NOo t000-59-03-003 and 004. 7:35 p.m. Application for ALICE_ SZALA_ by Stanley Karanewski, P.O. Box 498, Cutchogue, NY 11935 for a Variance pursuant to New York Town Law, Section 280-A, for approval of access over a private right-of-way known as "Williamsburg Drive," located off the South Side of Main Bayview Road, Southold~ NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7~40 p.m. Application for DR..~/~AY P~LAND M. SLOTKIN, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30, and as required by Z.B.A. Appeal No. 2932 for permission to construct addition to existing professional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70-05-004. 7:45 p.m. Application for EOGENE DAVISON, 4300 Sound Avenue, Matti~u~ck, NY for.a Variahce to the:Zohing Ordinand6,~ Article III, Section 100-31, Bulk Schedule, for appnoval of lots of insufficient area a~d lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY County Tax Map Parcel No. 1000-121-3-5; containing 12.6+ acres. 7:55 p.m. Application for THOMAS YASSO (Williston Beverage), by Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for ~ a Variance pursuant to Z.B.A. decision ~endered 5/22/75 under ~ Appeal No. 3189 for proposed addition which will exceed the "B-l" General Business zoned IYestricted lot coverage for this. parcel located at the South Side of Main Road, Mattituck, NY; ~ County Tax Map Parcel No. 1000-122-3-5. ~ N Page 2 LegaliNotice of Hearings Southold Town Board of Appeals Regular Mee~ting of June 13, 1985 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (from 5/23/85). 8:10 p m Recessed Hea~g ef HOWARD L. YOUNG, by J~ DeReeder (from 5/2/85). 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 subject hearing. Dated: May 23, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, JUNE 7, 1985, and forward five (5) affidavits of publication by June llth to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following on or about 6/3/85: Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Z.B.A. Bulletin Board Rudolph H. Bruer, Esq., Mr. Stanley Karanewski, Abigail A. Wickham, Esq. Mr. Eugene Davison Environment East, Inco as Z.B.A. Members Z.B.A. individual files Building Inspector Attorney for Mrs. Helen Conway Four Sails Realty, as agent for Alice Szala as Attorney for Dr. and Mrs. Jay P. Slotkin agent for Thomas Yasso FOR~ NO. 3 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. N©TI~ OF DISAPPROVAL Date .............. ,19. . File No ................................ ~o..~:.~.~,~..~ ..... ~ ....... .~. ~~..~.~...~:...~.~ ~. ~ ...... PLEASE TAKE NOX Locaiio~ of Property ~ County T~ Map Ne. t000 Section .... Subdi~on~. ~ h ~ .~~~~.. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ 9A~ ..,~2....-~...-...~.....~../~r~ Name of Appellant Street and Number .... ~ ~.~..C..6~.~.*..~ ..................................................................,.~...J.~..D ....... HEREBY APPEAL TO ......... " Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~//'2/'~'~''' FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ~ame of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD I LOCATION OF THE PROPERTY ....... .'.~...~ ~i[L~.~.~X~.~...~.. ~.~,-4. t./.t.~...l...J[.(~. ~;~..~., ........ ~.:..~ Street ~a ~et zone ..... .......................... . a & DA~ PU~C~D: ..... % ~. .... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- section ana Paragraph of the Zoning Ordinance ~y number. Do not quote the Ordinance ~ Article , Section 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ~ VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons.~aws Art. 16 Sec. 280A Subsection 3 ' 4. PREVIOUS APPEAL A previous appeel (has) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............................... Dated ........... REASON FOR APPEAL (~'/A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that ~e ~ould l±~e "co ~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or unneces- sary HARDSHIP because --~ ~ 2. The hardship created is UNIQUE and is not shared by all properties aJike in the immediate vicinity of this property and in this use district because k'~ h~ ~¢~ ~' 3 Ti~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ) ss ...... .~--~ ..................... COUNTY OF ~PF~¢' ) ~ Signature , aa Sworn to this ............................................. ' y ................................ ~otary Pubhc LItiDA J. COO~'R NOTARY PUBLIC, ~a~ ~f New Term ~Expir~-s Marcl~ 30, I~ ~.~J..L~ OWNER, ]STRE~ ~ VJL~GE SUB, LOT FORMER OWNER N W RES. SEAS. FARM COMA/t. TYPE OF BUILDING CB. MICS, Mkt. V~tue LAND IMP. DATE REMARKS TOTAL Tillable FRONTAGE ON WATER Waodla~:] FRONTAGE ON ROAD BU LKH F.~A,D APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals NAIN ROAD- STATE ROAD 2.5 srrlUTHOLD. L.h. N.Y. 119'71 TELEPHONE (516) 765-1809 January 9, 1987 Mr. Erik Hansen 305 South Windsor Drive Arlington Heights, IL 68004 Re' Appeal No. 3347 Alice Szala (280-a Variance) Location of Property: East Side of Williamsburg Drive, Sld. Dear Mr. Hansen: This letter will confirm that the following action was taken by the Board of Appeals at our Regular Meeting held last night concerning the above application: RESOLVED, that the improvements as inspected by John W. Davis (Report No. 558 dated December 20, 1986) and approved by the Planning Board (Resolution of December 22, 1986), BE AND HEREBY ACCEPTED, SUBJECT TO THE FOLLOWING REQUIREMENT-~? 1. That the right-of-way be maintained at all times in good, satisfactory condition; 2. The conditions hereunder shall apply to all lots abutting and requiring access over this right-of-way. This resolution was unanimously adopted. Please be sure to furnish the Building Inspector with a copy of this action for any new building-permit or Certificate of Occupancy applications. Yours very truly, lk CC: Building Inspector Planning Board Mr. Raymond Nine GERARD P. CHAIRMAN GOEHRINGER Southold, N.Y. 11971 (516) 765-1938 December 23, 1986 Mr. Erik Hansen 305 South Windsor Drive Arlington Heights, IL 68004 Re: Access road to be known "Williamsburg Drive" Dear Mr. Hansen: as The following action was taken by the Southold Town Planning Board, Monday, December 22, 1986. RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis' report No. 558 with regard to the final inspection on the access road to be known as "Williamsburg Drive" located at Southold for access to the lot owned by Hansen. Enclosed is a copy of that report for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANN_~NG BOARD By Diane M. Schultze, Secretary enc. To: From: Re: Date: Bennett Orlowski, Jr., Chairman Report No. Southold Town Planning Board John W. Davis Access for Eric Hansen.via Williamsburg Drive December 20, 1986 558 Comments: Reference is made to recommendations for this access in my report No. 550. The existing width (14 ft. ) between the 20 ft. and 19 ft. existing widths (approximately 170 ft.) was extended to 20 ft. so that the access is now uniform throughout. The access was continued into the Hansen lot for 25 ft. Topsoil removed, replaced with bankrun and stone blend placed for the top course at a 20 ft. width. According to records from R0 Nine 45 C'.Y. of stone blend were placed in the top course for the updated areas and the extension into the Hansen lot. There appears to be a low area beyond this extension which will have to be corrected by the lot owner. I recommend approval of the access road. ohn W. Davis - 33'</7 Re: victor Lessard, Executive Administrator $outhold Town Building Department John W. Davis Access for Eric Hansen (Lot No. Williamsburg Drive Date: Oct. 29, 1986 IT) on east side of The first ~65 ft. is 20 ft. in width, consists of what appears to be 3/4" stone blend or recycled concrete and is in good condition. The next ~6 ft. is coarse gravel, 4''+ in depth, 14 ft.+ in width: 'has a few minor potholes but is' useable. The following length 54 ft. at 14 ft.+ in width has no stone course, is lower than the other road ~reas, appear~ to be original ground ~nd holds water. The last length, 113 ft. is 19 ft.-+ in width with a thin course, I~", of stone blend or otherwise material. Recommendat ions: Widen the road to ~6 ft. between the 20 ft. and ]9 ft. widths, a length of approximately ~70 L.F. 2. Eegrade the section with no Stone course, 54 ft.+ with enough bankrun sand and gravel to provide for a top course of 4" of 3/4" stone blend or recycled concrete. 3. Widening material [or the !16 ft.-+ length to be the same t~e of material (gravel), stone blend or equal for 4" in thickness. John W. Davis i / ~) COUNTY OF SUFFOLK to~ SOUTHOLD i ........ / ,,..,~:::", ~,';:. ~o., I::.T~'°°° O78 LEGAL NOTICE 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 Ap. peals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commencing a~ 7:30 p.m. on THURSDAY, JUNE 13, 19~5, and as follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road, South- old, NY for a Variance to the Zon- ing Ordinance, Article HI, Sec- tion 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of proposed par- cel to be set off, located at the South Side of Chestnut Read, Southold, NY; County Tax Map Parcels No. 1000-59-03-003 and 004 ~'~35 p.m. Application for ~ALICE SZALA by Stanley ~aranewski, P.O. Box 498, ~utchogue, NY 11935 for a Vari- Jance pursuant to New York ~/Town Law, Section 280-A, for ap- ~ proval of access over a private ~ right-of-way kno~n as "Will- j iamsburg Drive," located off the iSouth Side of Main Bay~iew .Ro. ad~ Southold, NY, to premises ~d. entified on the County Tax ~pz as I000~78-05-17. 7:40 p.m. Application for DR~ JAY P- AND M. SLOTKIN, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoaing OrdlnA~co, Article HI, Section 100-30, Rd as ro- quirod by Z.B.A. A~ No. 2932 for p~mi~i~ to com~ruct addi- tion ro existing professional of- rice known as 49725 Main Read (a/k/a 50 Ackeriy Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70-05-004. 7:45 p.m. Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Or- dinah,s, Article IH, Section 100- 31, Bulk Schedule, for approval of lots of insufficient area and lot width in this pr~o~d ~vi~on of land (106-13) located at the South Side of Sound Avenue, Mf ~ck, NY County Tax Map Pm . No. 1000-121-3-5; con- tnialng 12.6 + a~as. 7:55 p.m. Application for THOMAS YASSO (Williston Re¢ ~), by Environment Ea~ mc., 3075 ~ Neck Lane, Peconic, i'~IY for a ~arianc~: pursuant to Z.B:A. decision re- nde~d 5/22/75 under Appeal No. 3189 for proposed addition which will exceed the restricted lot coverage for this "B-I" General Bustheas zoned parcel located at the South Side of Main Read, Mattituck, NY; County Tax Map Parcel No. 1000-122-3-5. 8:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (from 5/23/85). 8:10 p.m. Recessed Hearing of HOWARD1L YOUNG, by J. De- Reeder (from 5/2/85). The Board of Appeals will hear at said time and place all perzons desiring to be heard in each of the above matter.. Written com- ments may also be submitted prior to the conclusion of the sub- ject hearing. Dated: May 23, 1985. BY ORDER OF THE SOI~THOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By L. Kowaiski, Secret4ny (516) 765-1809 (alt. 1802) 1TJ6-4909 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) - ANNA L~_KK~.$ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME8, e Weekly Newspaper, published st Greenport, in the Town of Southold, County of Suffolk end 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 _o~e weeks successively, commencing on the 6 day of_~Tn n~ 19_~5 Principal C~erk Sworn to before me this_ 6 day. Il June ,,,,o= 8NN M. ABAIE 7 \' N~'¢ PUBLIC, State of New York / // ~ ~ / Suf~k County ~.4748183~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN RE]AD- STATE RI:3AD 25 S{3UTH[3LD, L.I., N,Y, 11971 TELEPHONE (516) 765-1809 Qune 25, 1985 Mr. Stanley Karanewski c/o Four Sails Realty Main Road, Box 498 Cutchogue, NY 11935 Re: Appeal No. 3347 Alice Szala Dear Mr. Karanewski: Attached hereto is a copy of the recent findings and determination rendered in the above matter and filed this date with the Office of the Town Clerk. When improvements have been made, please notify us in writing in order that ~o may arrange for a final inspection and acceptance of the improvements. If you have any questions, please do not hesitate to call either our office or the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department Mr. Victor Lessard Mrs. Alice Szala 405 Williamsburg GERARD P. GOEHRINGER  IRMAN Linda Drive, Southold, NY 11971 · .~, 'Tx:~, t q L. _ h To: From: Re: Gerard P. Goehringer, Chairman Southold Town Board of Appeals John W. Davis Report No. 437 Date: March 27, 1985 Access for Szala/Kiminiski in private R.O.W. Williamsburg Drive, Southold Comments: Existing road conditions as follows: Lengths ~22 ft. 61 ft. 88 ft. 80 ft. 36 ft. 146 ft. 533 ft. Beginning l0 ft. from Main Bayview Road. Material, loamy sand, and gravel recently graded for a 20 ft. + width. There is one new C.B. 40 ft. from Bayview Road on right hand side looking south. Sand and loam 20 ft. + in width. Coarse gravel 3" ± in depth, width ~3 ft. Sand and loam 10 ft. in width. Bluestone and gravel 3" ± in depth, width 8 ft. ±. Partially used, topsoil with grass growth to a stop sign. The access road is usable as of today for most of the present lot owners with homes. However, the areas with gravel, etc., indicate past unstable conditions probably due to prolonged wet weather and spring thaws. Recommendations: Width of improved road 15 ft. minimum. Length 470 ft. This would extend 40 ft. beyond frontage of lot that requires access. Place a four inch (4") compacted course of three quarter inch (3/4") crowned stone blend throughout on the existing surface. The areas of gravel and bluestone can become part of the four inch depth of stone blend. The first ~00 ft. or more of theimproved access should be regraded to make the C.B., mentioned above, effective. This will probably require removal of some of the present material prior to the stone blend. The use of recycled (crushed) concrete could be considered as an alternate for the stone blend. Emergency vehicles will have to turn in driveways or parking areas in lots if available. W. Davis 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 S'OUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Please find enclosed Iherewith 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 wi!th the Board of Appeals. Someone should appea~ in behalf of the applicant at the public hearing in the levent there are ques[ions from board members or persons iln the audience. ' If you have any questions, please do not hesitate to call our secretary, Linda iKowalski,' at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHA'IRMAN lk Enclosure P,S. May we have a copy o:f written, authorization from the property owner authorizingI you to rgpresent their interests for our record? LEGAL NOTICE NOTICE IS HEREIIY GIV- EN, purshaat to Section ~67 of the Town Mw n~t the COde of the Town of So~thold, the following public hearings will be held by the'SoUthold Town Board of Appeals at the Soutimld Town Hall. Main Road. Southold, NY at a R~ular Meeting; commenc- ing al 7:~0 p.m. on THURS- DAY, JUNE 13, 1985, and as follows: 7:80 p.m. Application for HI~EN CONWAY, by R.H. Bract, Esq,, Main Road, Sonthold, NY for, a Variance to the Zoning Ordilmnce, Article HI, Section 100-31, Bulk Schmlnle, fo~ approval of instt~ciont lot area, width and depth of proposed parcel to be set off, located at the South Side of Chcetont Road, South- od, NY Connty Tax Map Par- eels No. I000~.59-03-003 and 004. t~7:85 p.m. Al~ication for ~,LICE SZALA by Stanley ~r~now~l, P.O. ~ 498, ffutehoguef NY 11985 for a /'arinnee pnrsnant to New t'ork Town~7,itw, Section 280. private right-of-way known s "Williamsburg I~ive," Io, nted .off the South Side of lain Bayview Road,Southold, Y, to premises identified on ie .County Tax Map~ as }00-7~-05-17. ~7:40 p,m. At~ltcaii6n for DR. JAY P. AND.M~ SLOT- KIN, by A. Wielthain~ Esq., Main Road, MatOtaelt, NY for a Ynriance to the Zoning Ordinance, Article HI, Section 100-80, and as req~iirod by Z.B.A. Appeal No; 2932 for permission to construct &ddi- tion to existing professional office known as .49725 Main Road (a/k/a 50 Ackeriy Pond Road), Southold, NY; County Tas~lnp ~ 1~o. 1000-70- 7:4~ p.m. Application for EUGENE DAVISON, 48OO So~nd Avenue, Mattiluck, NY for a Variance to. the Zoning Ordinance, Article i~, Section 100-31, Bulk Schedule~ for approval of lots of insufficient area and lot Width in this proposed division of land (106- 1;3) located at the South Side of Sound Avenue, Matittuck, NY' County Tax Map Parcel No. 1000-121-;3.5; containing 12.6-t- acres. 7:55 p.tn. Application for MAS. ¥?_so_ <_ .W_illist, n 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 ......... .'~7. ~.. ........ day~7~:-. ..... , 1 9 . .f.~.. Sworn to before me this &~ '~ ..................... day of ...... . ?~:- .':~. ......... , 19 Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March ~0, 19 ~c~g JUDITH T. TERRY To: From: OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD March 20, 1985 Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3347 application of S. Karanewski acting as agent for A. :Zinimski,on the property owned by Alice Szala, for a variance. Also included is Notice to Adjacent Property Owner; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; and survey. ,Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHDLD, 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. SAWlCKI May 13, 1985 Mr. Stanley Karanewski c/o Four Sails Realty Main Road Cutchogue, NY 11935 Re: Appeal No:3347 Matter of Alice Szala Dear Sir: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at this time is on or about early June, written confirmation will be sent to you within the next couple of weeks. A copy of the legal notice of hearing will be sent to you prior to publication in the Suffolk Times and L. I. Traveler-Watchman by our office. Please feel free to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Barbara Rudder Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI March 20, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Application of Szala/Kiminski R-O-W known as Williamsburg Drive, Southold Dear Mr. Davis: We have received the above-noted application today which is a request for approval of access over a privaLe right-of-way appearing to have a legal width of 50 feet and a traveled width of less than eight or nine feet, as shown on the enclosed copies of a survey (parcel in question has an "x") and the Suffolk County Tax Map. At your convenience, may we have your inspection, report and recommendations? Thank you for all your past assistance. Yours very truly, Enclosures GERARD P. GOEHRINGER TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. S:~7 DATE .~1'~4~,~.,~...~...0..../~,,~- TO'THE ZONING BOARD OF APPEALS, TOWN OF S, OUTHOLD, N. Y. Name of Appella.nt Street and Number ....... ~"C~"'~"C'"~"O"~'''~'.:?': ............................................................... ...~.,...~.. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ~//,~ /('fFOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ~ /',~,~ ~'7-~-1~ ' Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( /~ PERMIT FOR OCCUPANCY ( //~ PERMIT TO BUILD ! LOCATION OF THE PROPERTY ....~.l..l.!£.~....3..~...g...~. ('V...~...~.. ,~..~t.?.~o . ~.~, Street ~d' H~let ............... Zone -- ........ /.~..~ ....... ~. ~ O~ER(S) . ...&. ........ 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 , Section 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (i,~A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. !6 Sec. 280A Subsection 3' 4. PREVIOUS APPEAL A previous oppesl (has) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ........ ~.~- ........... Dated ................. /~.Z'2...~.. ................................. ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to ~ ~ ~ ~L~ F0~ ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~. ~ ~,~)OO L 0 ~///~t~'~ T~ L6"~t U ~J }"~o~ L ~) ~1~ 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 ~.T/,1~_~_8 A(~' ICLR -4 O',/ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~ V~RACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF-Z'~-/6~4'L- ) SS Sworn to this ..~.,~ ........................................ day of .......~'.~.~,..~'x.t<~c ............................. 19~ Nof'a ry Public UNDA d. COOPER NOTARY PUBLIC, State of New York TNo 4822563, Suffolk Cour,tv BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of . to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ~intention of the undersigned to petition the Board of Appeals of the Town of Southold to reque~ (Va~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the.Petition is located adjacent~to your property and is des- 3. That the property ~hich is the_s~lbject of such Petit, ion is located in the following z~oning district: 4. That by such Petition, the undersigned will request the f~ollowing relief: . $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed[~ Article Sectic~ Section 280-A, New York Town Law for approva] of access over right(s)-of-wa~v. 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 date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Post Office AddressA NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~[~. t'~ , being duly swan, ~epos~ and ~ys that on the }~ day of ~ , ] 9 ~ , deponent mailed a ~rue copy of the Notice ~t forth on the re- verse side hereof, direc[ed to each of the above-named persons a[ the addresses set opposite thor respective name; that the addresses set opposite lhe names of said persons are the addresses of said persons as shown on the currem ass~smen~ roll of ~he Town of Somhold; ~hat said No~ic~ were mailed a~ the United 5tares Pos~ Of- rice at ~ ~~UO ; that said Notices were mailed to each of said persons by ~(~gistered) mail. ~ - Sworn to before me this day of /Y~. ,O~r~r~ ,19 ~' N o~/a r ¥ Public/ Uge~ d. COOleR ~/~TARY PIJ~JC. 8me el NOw No. 4822563. Suffolk Term Expires March 30. 19 ~--.~ (This side does not have to be completed on form transmitted to adjoining property owners. (~oday s ~ate~ To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (ple%se check one box) May be located within 300 feet of tidal wetiands; ho%~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ '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 tidal wetlands; ,and there is no bulkhead or concrete wall existing on the premises. o( ] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property do~s fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (C~gna tu~f~ please) NOTE: If proposed project falls witq~in D.E.C. approval must be received an~ submit~Sd to our your application can be scheduled for a public jurisdiction, office before hearing. The ;~.Y.%. i:nv~r~j~men~al {./ualiLy iu:v,,,w i.c~: mission of Lhijjor.~.snd an erlvir~n,!~unL~ made by this b~lll~d isefore any action is t (a) In order to answer the questions in this short EAF is is aeeum, ed that the preparer will use currently available inforr~%tion conce~in~ the ~roJec~ and the l~ely ~c%~ of the action, I% i$ not e~ected %~t additional (b) If any que~%lon h~ been answered Yes the project (c) If all questions hav~ been answered No i% ls 1D:el7 nc~ significant. (d) ~qvirc~ental ~. W~I project re~t in a large phy~ica~ to the project ~ite or physically alter more /' t~n 10 acre~ of land? · · , , · · , , . . Yes~ No 2. Will there be a major chan~e to any ~lque or unusual land fo~ fo~d on the ~i~e? . , , . ...... Yes ,~ NO 3. W~I project alter or hays a lar~e effect on an exis~in~ body of wa%er? · · · * , * e · · Yes ~ No &. W~I proJec~ have a po~en%ially large ~ on ~o,~dwa~er quality? e · · J · · · . , . , Yes No W~i project si~iflcantly effoc~ drayage ~ 6. Will project affect any t~ea%ened or endangered ./ plan% or an~al species9 . . . . . , . , . . Ye~~No 7. W~I project reset in a major adverse effect on ~. W~l project have ~ ~ajor effect on visual acter of thc community or scenic views or vis~s knc~ to be ~portant to the communA%y? ~ . . Yes 9. Will project adversely ~pact any site or st~c~ ute cf historic, pre-~lstoric, or paleontological importance or any site desire:ed as a critical env!ro~en~l area by a local agency? . . . Yes ---- No 10. W~! project have a ~Jor effect on exist~g or future recreational opport~i%loa~ . . . Yes__ No 11. Will project result In ~Jor traffic problems or cause a major effect to exxs%lng transportation 12. Will proJec~ reg~a~ly cause objectionable nois~, glare, vibra~ion, or electrical distur~ ance as a reset of the project's operation? · Ye~.__ No 13. Will project have any impact on public health Will project ~ffec: :he exi~tin~ co.unity by direcT, ly causir,~ a ~row~h in permanent period er have a major negative effect on %Y,e characte~ of the com.~uni%y cr ne~ntorhooo?.. Ye~ 1,. Is there p,,b~lc controversy con~rn:~g th~ project? -- Yes ~o · '%. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ~ DaSd Deoee~e=' 8, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To at a meeting of the Zoning Board of Appeals on ~a~ 6, 1972 was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Bequest for a variance to the Zoning Ordinance DATE ...~*.~g......~..~ 3'97~' Appellant the appeal 1. SPECIAL EXCEPTION, By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8100 P,~ (E.D,$aT,)~ upon applteatl~ ~f Poe pt~ 2. VARIANC~ By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variar~,e (does) (does not) observe the spirit of the Ordinance and (woUld) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 8~E ZONING BOARD OF APPEALS ¥~Je~le MoDeruott~ seo~eta~/ $~A~hold T~n Beard of Appeals Till Boerd rinds that m~let appl~oation of tim O~dinanoe uou2d l~odueo ~aot~,oaX dlA~louXtSes ar unaeoeosar~ ha~dohf4}! lbo ha~dah4p oroa~ed la un~lao and uould not ~e ah~ed bT slx tn Mss oauo use diabloS! and ~M v~oe ~ n~ o~o J~ Appeal No. ~1.3 ACTION OF THE ZONING BOARD OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Artist Drive Appellant at a meeting of the Zoning Board of Appea, ls onTh%~Se was considered and the action indicated below was taken on your ~ ) Request for variance due to lock of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal h SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................ paragraph ................of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because ~130 P,M. (E.D.S.T.)t upon applioation of Joeeph Ricoardi Conlt~uotion Co~p.t of A~t~.st Drivet~lddle Islar~, L.I.. New ~ork~ ~or Thomas 8zalaj 10~ Newel S~veet, B~oohlTn~ ~ev Zo~kt fo~ a ~l~Oe ~ ~ ~ of aooess ~ aooo~ ~th Looation of p~tyl eaat of ~v ~ork T~ ~w~ 5eot~on ~8~ ~ ~ ~aO, So~lOt 2. VARIANCE. By resolution of the Board it was determine4 that (a) ~St£ict agplicatigrl, q.f the Or. dj, nan(;e (would).~ Er~duce undue hardship beccuJse ~ ~w~ t~ ~ ~e~ for ~, s~ym ~ ~t~d~. (b) The hardship created (is) Jll~J~ot) unique and ~ (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because h~em on ~ight-o~-way have had matim£aetory aooess for quite a (c) The vorionce (does) ~J~G~) observe the spirit o~ the Ordi,nance end ~C~E) (wou~d not) change the character of the district because applicant ~nte~d$ ~"~o¢:Lt~ a Old-fern{IF ~s~d~tial ~w~11~n~ ~n keep~ w~th othel, houses ~n the ~rea. and therefore~, it was further determined that the requested variance JJ[ ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (X) be reversed. ZONING BOARD OF APPEALS · udith T. ~okent 8eoreta~7 I~OR~ZB4 September 18, 19%9 ~O~ Thomas Szala Newel Street Brooklyn, New ~ork Dear ~r. 8zalal This is to advise that the appeal of Joseph Riccardi Construction Corp. for right of access to your lot at Private Road, south side Bay View Road, ~ay View~ $outhold, New York has been granted by the Board c~ Appeals. Mr. Howard Terry, Building Inspector, and I.~. Herbert Rosenberg, member of the Board of Appeals have reported to the Board that the access is now acceptable, the right-of-way having been bulldozed to a satisfactory condition. Building Permit No. Z786 has been forwarded to Riccardi Construction Corp. Very truly yours, ~udith T...Boken, Secretary Southold ~own Board of Appeals