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Home My WebLink About3338HOWARD L. YOUNG & WIFE Main Rd._Orient., ~NY ~ Varian~ce gr~.ant.ing re~ief.'of lot area of 80,000' Southold Town Board of Appeals ~AIN RrlAD- BTATI[ Rr'IAD ~5 ¢~UTHnLD, L.I., N.Y. 11c)'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3338 Application Dated March 7, ]985 TO: Mr. JohD DDRe~de~6~,~s a~ent--f-e~ ~,ii~5~R~. HOWARD 240 Wampum Way Southold, NY 11971 L. YOUNG [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 8, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Sulk Schedule [ ] Request for Application for MR. AND MRS. HOWARD L. YOUNG (by J. DeReeder), 28545 Main Road, Orient, NY for a Variance to the Zoning Or--dqnance Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed three-lot division of land located on the North Side of Main Road and the East Side of Browns Hill Road, Orient, NY; County Tax Map District 1000, Section 18, Block 06, Lot 24. WHEREAS, public hearings were held in the Matter of the Application of MR. AND MRS. HOWARD L. YOUNG, Appeal No. 3338, on May 2, 1985 and June 13, 1985, at which time the hearing concluded; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests approval of the insufficient lot area of proposed Lots #1 and #2 in this three-lot minor subdivision of land located at the north side of Main Road, and the east side of Browns Hill Road, Orient, NY. 2. Lot #1 is proposed to be 70,000 sq. ft. in area and Lot #2 is proposed to be 77,482 sq. ft. in area (exclusive of the 25' right-of-way). Lot #3 would consist of 84,004 sq. ft. (exclu- sive of right-of-way). 3. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 18, Block 06, Lot 24, and is improved as follows: (a) Lot 1 would contain the exist- ing garage structure and accessory barn structure, which is in very poor condition; (b) Lot 2 is vacant except for a very small shed at the northeast corner which is also in very poor condition; (c) Lot 3 would contain an existing principal single-family dwelling structure and separate accessory building presently used for sleeping purposes and without kitchen facilities. (CONTINUED ON PAGE TWO) DATED: August Form ZB4 (rev. 14, 1985. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2-Appeal No. 3338 Matter of MR. AND MRS. HOWARD L. Decision Rendered August 8, 1985 YOUNG 4. It is the opinion of the board that the variance be granted because the relief requested is the minimum possible and the lots are greater in area than those generally existing in the neighborhood. 5. For the record it is noted that a Pre-Certificate of Occupancy of Nonconforming Premises was issued August 2, 1985 concerning the premises as a whole under #Z13703. In considering this appeal, the board has found that this project should be granted as conditionally noted below since: (1) the relief requested will not be detrimental to adjoining properties; (2) the relief requested is not substantial in relation to the requirements of zoning, being at a maximum 13% of a variance and at a minimum of 3.5%; (3) there will be no substantial change in the character of this district; (4) the relief requested will not cause a substantial effect of any increased population density since the property will continue to be used for single-family residential use; (5) the circumstances are unique; (6) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3338 in the Matter of the Application of MR. AND MRS. HOWARD L. YOUNG for the insufficient lot area of Lots #1 and #2 in thi~ ~roposed three-lot subdivision~ as applied and shown on map amended June 7, 1985, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building on Lot #3 not be converted for residency and shall remain only as sleeping quarters (or accessory storage purposes); 2. The location of the right-of-way be only as shown on the June 7, 1985 subdivision map. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all four members present. (Chairman Goehringer was absent.) lk UHARLES GRIGON~S, ~R.~ CHAIRMAN PRO T~M v August 15, 1985 RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.IIK Town C e ' , ~outh~t NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be hela by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meetings commencing at 7:30 p.m. THURSDAY, MAY 2, 1985, and as follows: 7:30 p.m. Aoplication for KIMON AND WCODENE RETZOS, by R.W. Gillispie as agen~ Main Road, Southold, NY for a Variance oursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate, to premises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more particularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Retzo~). 7:40 p.m. Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, ifor a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to operate a carpenter shop within existing building in this B-Light Business Zoning District. Property LOcation: South Side Sound Avenue, Mattituck; County Tax Map District 1000, Section 121, BLock 5, Lot 2. 7:45 p.m. Application for ANN SABA (by P. Sujeski), 1000 Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100~31, Bulk Schedule, for a~proval of insufficient area and width of lots in this proposed two-lot division located at the South (westerly) Side of Stillwater Avenue, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 07, Lot 007. 7:50 p.m. Sound Avenue, Article III, insufficient land located County Application for GUY SOBERING (by P. Cardinale, Esq.), Mattituck, NY for a Variance to the Zoning Ordinance, Section lO0-31, Bulk Schedule, for approval of area of lots in this proposed two-lot division of on the North Side of Sound Avenue, Mattituck, NY; Tax Map District 1000, Section 121, Block O1, Lot 3.1. 8:00 p.m. Application for MR. AND MRS. HOWARD L. YOUNG (by J. DeReeder), 28545 Main Road, Orient, NY for a Variance to the Zoning Ordinance~ Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed Page 2 Legal Notice of Hearings Southold Town Board of Appeals Re§ular Meeting of May 2, 1985 three-lot division of land located on the North Side of Main Road and the East Side of Browns Hill Road, Orient, NY; County Tax Map District 1000, Section 18, Block 06, Lot 24. 8:05 p.m. Application for JAMES PERICONI AND MARION CIMINI, 223 West 21st Street, New York, NY 100tl (by R. Bruer, Esq.) for'a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed set-off division of land located on the North Side of C.R. 48, Peconic, NY; County Tax Map District 1000, Section 74, Block l, Lot 23. 8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOPMENT CORP./SAGE for approval of insufficient area (and width) of lots in this proposed cluster development at 67380 Main Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 5, Lots l, 1.3, 12.3 (at Breezy Shores). The Board of Appeals will hear at said time and place any and 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: April 17, 1985. BY ORDER OF THE SOUTHOLD TOWN ~OARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowatski, Secretary (516) 765-1809 (alt. 1802) Instructions to Newspapers: Please publish once, to wit: THURSDAY, APRIL 25, 1985, and forward seven affidavits of publication by April 30th to: Board of Appeals, Main Road, Southold, NY 11971. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE ~at your application dated ....~ ....... t9 ..... h~mtot Co~=~y T~x Map No. 1000 5~ct[o~ ,,. ~.( ~. ..... Block ...... ~ ....... Lot ............. Subdivision ...... i. ......... Filed Map No ............ . .... Loi No ........... ; ...... is rettnmed herewith and disapproved on *~b;e folIow~g ~o~ds ~&. :m. ~ ~t.e b.T 7~ o ............................. 4 ' Bufld~g Xnspecior TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF'SOUTHOLD, N. Y. APPEAL NO. DATE l, (We)I'~O.W..~..~.~....~..;.....~..o.~..~.~....~.:..~.#..i..~.e. ............... of 28-'~LI'5 ~air'.. Road Name of Appellant Street and Number Orient New York ......................................................................................................................... HEREBY APPEAL'TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF TIlE BUILDING INSPECTOR ON APPLICATION DATED~Srth 6 FOR: minor subdivision WHEREBY THE BUILDING NSPECTOR DENIED TO ( ) (x) ( ) Name of Applicant for permit of ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE pROPERTY i'~,i.O..i..R..o.i~.d..L .O...~..i...e..n..~.. ...: .............................. :.&. ............ Street and H~r~let Zone District Section Block Lot .......... %Q~.Q ............ 9.~.8. ........ 0..6.......0..~.~. ................... OWNER ($) ~o%~,d. ~,..~O U~ .~..Rlf~. Mep No. kot No, DATE PURCHASEDIn famll for eneratl~ns 2. PROVISION (B) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sec~ion~ Sub- section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleI , Section!06-20, A~ticle III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (~') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap; 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal :~Tc~) (has not) been made with respect to this dec,s,on of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to have the Zoning Board of Appeals consider granting relief from ~ticle III, Section 100-31, speoific~l!y the minimum lot area requirement of 80,000 sGu~u~e feet. Form ZB1 (Continue on other Side) REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE ORDINANCE would producepractico~difficu[tiesorunneces- sary HARDSHIPbecouse Applicant seeks to subdivide his property into three lots in general conformz~y w_tn present ~¢,o~acre zoning, In order to accomod~ze the existing ~ ' S~U~eS~ lne!~el~g applicant's ho~e, log ~" ~n necessary setbac~ =lnee proposed are drawn to conform requirements. These lot lines have made the ~nprovec ~or lar~er than the 80~000 squ~e foot minimum, !~ge!y at the expense of ' ~e~.a_~.~ng lots~ _~ the property were ~vzdeo wzthout~g~r~' ~:.e imorove~ente, ~z ~ould yield three lous oX sGuare fee~ each. 2 The hardship created is UNIQUE and is not snarea by al properties alike in the immediate vicinit of this property and in this use district because properties adjacen¢ to this property have been subdivided under one-acre bulk rules, and surrounding lots are generally substantially smaller than 80,000 square feet. 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ZHARACTER OF THE DISTRICT because surrou, nding p~oels ~?e ail smalle~ than two acres. STATE OF NEW YORK ) COUNTY OF~~ ss Sworn to this .............................................. day of ........ .<~..~ ......................... 19 NotarW Public / [~NDA J. COOPER ~OTARV PUBIC, Stere o~ New 'fork No. 4822563, Suffolk Caunty~ OWNER FORMER OWNEP~/ OF ,$O THOLD STREET N VILLAGE E SUB, ACR. TYPE OF BUILDING LOaF ~ES. ~ i o VL LAND IMP. TOTAL FARM DATE 'COMM. CB, MtCS, Mkt. Voh,ce REMARKS BUILDING CONDITION AGE NEW ~ NORMAL BELOW ABOVE FARM Acre Value Per Value / ~.~ ~ ~..~N,A~E ROAD COUNTY OF SUFFOLK Town of Southold Board of Appeals Department of Planning 360-5206 August 23, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Co~tty Charter, the following application(s) which have been referred to the Suffolk County Planning Co~nission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Mr. & Mrs. Howard L. Young 3338 Very truly yours, Lee E. Koppelman Director of Planninz Chief Planner Southold 'Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1985 April 11, S.E.Q.R.A.. NEGATIVE ENVIRON~iENTAL DECLAP~ATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: #3338 PROJECT NAME:Mr. add Mrs. Howard Young 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 Southo~d. This board determines the w~hin project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: ,~X] Type II [ ] Unlisted [ i DESCRIPTION OF ACTION: Variance granting relief of 10t area requirement of 80,000 sq. ft. LOCATION OF PROJECT: particularly known as: Town of Southold, County of Suffolk, more REASON(S) SUPPORTING THIS DETERMINATION: '(1) An Environmental Assessment in the short form has been. submitted which indicates that ~o significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or ot%er critical environmental area. (3) The relief requested ~s not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, 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 August 15, 1985 Mr. John DeReeder 240 Wampum Way Southold, NY 11971 Re: Appeal No. 3338 Dear Sir or Madam: Mr. and Mrs. Howard L. Young 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, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission ZONING BOARD OF APPEALS MAIN ROAD SOUTHOLD, NEW YORK NOTICE OF HEARINGS NOTICE IS HEREBY GIV- ENv 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 Southoid Town Board of appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commenc- ing at 7:30 p.m. THURSDAY, MAY 2, 1985 and as follows: 7:30 p.m. Application for KIMON AND WOODENE REIT.,OS, by R.W. Gillispin as agent, Main Road, Sonthold, NY for a Variance pursuant to blew York Town Law, Section 280-a, for approval of access over private right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate, to premises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more particular- ly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Ret- ZOS). 7:40 p.m. Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to oper- ate a carpenter shop within existing building in this B- light business Zoning District. Property Location: South Side Sound Avenue, Mattituck; County Tax Map District 1000, Section 121, Block 5, Lot 2. 7:45 p.m. Application for ANN SABA Coy P. Sujeski), 1000 Stillwater Avenue, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Sch- edule, for approval of inanff- icient area andwidih of lots. in this proposed two.lot division located at the South (westerly) Side of Stillwater Avenue, Cntchogue, NY; County Tax Map District 1000, Section 103, Block 07, Lbt 007. 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 .......... (~-~..T.. ........ Sworn to before me this ...... ~Y ~ day of ......... ........ , .f.C. Notary Public BARBARA FORBES Notary Public, 8~ate of New York No. 480~6 Qualified in Suffolk County Commission Expires March 30, 19 ~ 7:50 p.m. Application for GUY SOBERING Coy p. Card. inale, Esq.), Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of insufficient area of lots in this proposed two-lot division of land located on the North Side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 121, Block 01, 8:00 p.m. Application for MR. A_ANI~ Mn~. H_Q._WARD L. .Y-.00NGlby J. De Ree-d~'~'2~. 545 Main Road, Orient, NY for a Variance to the Zoning Ord- inance, Article Ill, Section 100-31, Bulk Schedule, for approval of insufficient urea of ~vo lots in this proposed three-lot division of land locat- ed on the North Side of Main Road and the East Side of LcBrowns Hill Road, Orient, NY; ounty Tax Map District 1000, ~on 18, Block 06, LOt 24. 8:10 p.m. Reconvene Hear- ing of BAYVIEW DEVELOP- MENT CORP./SAGE for app- roval of insufficient area (and width) of lots in this proposed cluster development at 67380 Main Road, Greenport, NY; County Tax Map District 1000, Section 53, Block 5, Lots l, 1.3, 12.3 (at Breezy Shores). The Board of Appeals will hear at said time and place any and 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: April 17, 1985 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: AFFIDAVIT JOHN F. deREEDER, being duly sworn, deposes and says: 1. I reside at 240 Wampum Way, Southold, New York; 2. I am a licensed real estate broker in the State of New York; I am the agent for Howard L. New York in connection with certain property located at into building lots; Young, Main Road, Orient, his application to divide Main Road, Orient, New York, I make this affidavit based upon telephone conversations I have had with Howard Young between July 19, 1985 and July 28, 1985: The accessory cottage east of the main house on the subject property was built prior to 1900; B. During the year 1955, Howard Young and Ed Ryder of Orient made modifications to said accessory cottage so that same could and would be used as sleeping quarters; C. The sole exterior modification to the cottag'e was the addition of a deck on the north side; Upon the completion of the modifications in 1955 and prior to April 23, 1957 and continuously since said date the accessory cottage has been Sworn to before me this 29th day of July, 1985 used as Notary Public 31~ng quarters. Jo~ ~ F. d~eder~. Southold, N.Y. 11971 (516) 765-1938 April 17, 1985 Mr. John F. deReeder 244 Wampum Way Southold, NY 11971 Re: Minor subdivision for Howard ~ Ygvna and Wife at Orient Dear Mr. deReeder: The following action was taken by the Southold Town Planning Board, Monday, April 15, 1985. RESOLVED that the Southold Town Planning Board refer the following comments to the Zoning Board of Appeals regarding the minor subdivision of Howard L. Young and wife at Orient: 1. Two of the three parcels proposed are less than the 80,000 sq. ft. requirement, however, it was noted that the surrounding lots are small. ~ Consideration should be given to creating 2 conforming lots ~'5~ner than three, as proposed. O The Board questioned the in the drive-way. 90°turn If you have any questions, please don't hesitate to contact ow ~ffice. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD / ~CC: Zoning Board of Appeals By Diane M. Schultze, Secretary LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law nod 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, commenc- ing at 7:30 p.m. on THURS- DAY, JUNE 13, 1985, and as · follows: 7:30 p.m. Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article HI, 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, South. od, NY; County Tax Map Par- eels No. 1000-59-03-003 and 004. 7:35 p.m. Application for ALICE SZALA by Stanley Knranewskl, P.O. Box 498, Cutehogue, NY 11935 for x Varinnce pursuant to New York Town Law, Section 280- A, for approval of access over a private right-of-way known as "Williamsburg Drive," io- ceted off the Sooth Side of Main Bayviow Road, Soathold, NY, to premises identified on the County Tax Maps as 1000-78-05-17. 7:40 p.m. Application for DR. JAY P; AND M. SLOT- KIN, by A. Wickham, Esq., Main Road, Mattituek, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-30, and as reqtiired by Z.B.A+ Appeal No. 2932 for permission to construct, addi- tion to e~isting prdfessional office known as 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70.. 7:45 p.m. Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106. 13) located at the South Side of Sound Avenue, Matittuck, NY County Tax Map Parcel No. 1000-121-3-5; containing 12.6+ acres. 7:55 p.m. Application for THOMAS YASSO (Willistou Beverage), by Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance pursuant to Z.B.A. decision rendered 5/22/75 un- der Appeal No. 3189 for proposed addition which will exceed the restricted lot cover- age for this "B-I" General Business zoned parcel located at the South Side of Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122- 3-5. S:00 p.m. Recessed Hearing of JEAN HOLLAND, by M. Hall, Esq. (From 5/23/85). 18:10 p.m. Recessed Hearing OWARD L~ YOUNG, by J. eeder (from 5/2/85). he Board of Appeals will r at said time and place all OhS desiring to be heard in of the above matters. Written comments may also be submitted prior to the con- clusion 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 (5/6) 76.5-1809 (Alt. 1802) 1T-6/6/85(8) 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 .......... ~ .......... Sworn to before me this ~ day of ........ ~ ............... ,19 ..... Notary Public BARBARA FORBLS l~otary Pubilc, State of New York No. 4806~46 Qualified in Suffolk Cou:,W Commission Expires Marc:; Copies of the Notice of Hearings to the following on or about 4/18/85: L.I. Traveler-Watchman Suffolk Times Town Clerk Bulletin Board Robert W. Gillispie III as agent for Retzos Joseph Levorchick, Esq. for Retzos Mr. Bruce Vitale, 622 Oak Street, Copiague, NY 11726 Mrs. Ann Saba, 93-23 Shore Road, Brooklyn, NY 11209 Mrs. Patricia Sujeski, 1000 Stillwater Avenue, Cutchogue Philip J. Cardinale, Esq., Drawer W, Jamesport, NY for Sobering Mr. Guy Sobering, Sound Avenue, Mattituck Mr. John F. deReeder, 240 Wampum Way, Southold as agent for H. Young Mr. and Mrs. Howard L. Young, Main Road, Orient Mrs. Margaret Young, sister-in-law of applicant Joseph Forchelli, Esq. for Bayview Development/Sage (personally 4/18) ZBA individual files ZBA members ZBA Bulletin Board (office) V. Lessard H. Raynor for Bayview Development/Sage JUDITII T. TERRY TOWN CLERK REGISTRAR O1' VITAL SI XlISI'IC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southo~d Town Zoning Board of Appea~s From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3338 application of Howard L Young by John F. deReeder for a variance. Also included is Notice to Adjacent Property Owners; Short Environmonta~ Assessemt Form; letter relative to N.Y.8. Tidal Wet~ands Land-Usel Notice of Disapproval from the Building Department; and survey. Notices NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Cede of the Town of Southold, the following public hearings will be held by the Southold Town Board of Ap- peals at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commencing at 7:30 p.m. THURSDAY, MAY 2, 1985, and as follows: 7:30 p.m. Application K1MON TZOS, by R. W. Gillispie agent, Main Road, Seuthold, NY for a Variance pursuant to New York Town Low, ~ection 280-a, for approval of access over pri- rate right-of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate, to prem- ises identified as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more par- ticularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Re- 7:40 p.m. Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, for a Variance to the Zoning Ordi- nance, Article VI, Section 100-60 for permission to operate a car- penter shop within existing building in this B-Light Business Zoning District. Property Loca- tion: South Side Sound Avenue, Mattituck; County Tax Map Dis- trict 1000, Section 121, Block 5, Lot 2. 7:45 p.m. Application for ANN SABA (by P. Sujeski), 1000 Still- water Avenue, Cutchogue, NY for a Variance to the Zoning Or- dinance, Article Iii, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed two-lot divi- sion located at the South (wes- terly) Side of Stillwator Avenue, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 07, Lot 007. 7:50 p.m. Application for GUY SOBERING (~ '. Cardinale, Esq.), Sound Ay, .e, Mattituck, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for proval of insufficient area of lots in this proposed two-lot division of land located on the North Side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 121, Block 01, Lot 3.1. 8:00 p.m. Application for ~. MRS. HOWARD ~ L. y~'~-'~-'d~ oy o. L~eKee'~d~r), 28545 Main Road, Orient, NY for a Variance to the Zoning Ordi- nance, Article III Section 100- 3L Bulk Schedule, for approval of insufficient area of two lots in this proposed three-lot division of land located on the North Side of Main Road and the East Side of Browns Hill Road, Orient, NY; County Tax Map District 1000, 18, Block 06, Lot 24. p.m. Reconvene Hearing of BAYVIEW DEVELOP- MENT CORPdSAGE for ap- proval of insufficient area (and width) of lots in this propesed cluster development at 67380 Mam Koafl, Greenpert, NY; County Tax Map District 1000, Section 53, Block 5, Lots 1, 1.3, 12.3 (at Breezy Shores). The Board of Appeals will hear at said time and place any and all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior ts the conclusion of the subject hearing. Dated: April 17, 1<385. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TA25-4868 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) ~NN~ T.;~_~ ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for on~ weeks successively, commencing on the 2 5 dayof April 19 ~ ~.~ ?~*~',~ ~.~'~%%, ~ Principal Clerk ;~ '* Sworn to before me this 2 5 deyof Ap:±~ 19 ~ TOWN OF SOUT}IOLD OFFICE OF BUILDING INSI'ECT()R TOWN IIALL SOUTItOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PIIEMISES TI{IS IS TO CERTIFY that the /--/ Land Pre C.O. #- Zfl5705 /5/ Building(s) Date- August 2, fl985 I-I use(s) located at 285zt-5 M~in Road Street shown on County tax map as District 1000, Section Orient tlamlet tis , Block 6 Lot 2& . doesinot)conform to the present Building Zone Code of the Town of Southold for the following reasons: Non-conformin~ cottagei non-cohformin~ shed in front yard. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /2/Land ~_/I3uilding(s) /i/Use(s) existed on the effective date the present ]>,uilding Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows:l~roperty eonatina a one-story on~-family dwelling, w/a non-con£o~min~ cottage; ~arase, and barn. It also conatins two accessory sheds, t~operty is situated in the"A"Residential-Agricultural Zone w/access to the Main Rd.; The Certificate is issued to of the aforesaid building. a state maintained road. HOWARD L. YOUNG & WIPE ( own e r, ' ' ) Suffolk County Department of Health Approval U NDERWRITEfiS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises IkiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. P, uiidin2 inspector Southold Town Board of Appeals leIAIN ROAD-r~TATE ROAD 25 SDUTHDLD, 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 TO: Office of the Planning Board (Attn: Diane) FROM: Office of the Zoning Board of Appeals (Attn: Linda) DATE: March 18, 1985 SUBJECT: Applications Pending with Z.B.A. and Planning Board To bring you up-to-date and to request your comments or recommenda- tions, the following matters have been filed since our last memorandum to you dated February 8, 1985, and will require action by the Planning Board: Matter of Tentative ZBA Hearin§ Dominick Varano, by R. Lark April llth as req. Briden Machine March 28th William and Helen Coster by R. Lark April llth as req. Joseph Lizewski April llth Colgate Design (7-11, Cutch.) W. Esseks May 2 Saba/Kislow/Sujeski May 2 ~ward L. Young & Wf. May 2 Sobering by P. Cardinale, Esq. May 2 or 23 Vitale May 23 P. Reinhart, R. Bruer, Esq. May 23 H. Conway, R. Bruer, Esq. May 23 or June 13 Perricone & Cimini, R. Bruer, Esq. June 13 Pindar Winery June 13 or 20 Peconic Vineyards June 13 or 20 Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ~.~...a~....°..h....~.t.. ~ .c).~ .~ Name of Appellant Street and Number .9.~.i...e.?-..~ ............................................................................... N..e..w.,....Y..o..r..k.. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED~4aroh 6 FOR: minor subdivision WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) ( ) Name of Applicant for permit of .............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD ~. LOCATION OF THE PROPERTY Mazn Road~ Orient A Street and Hamlet Zone District Section Block Lot ............ ~-.Qg.Q ............ .0..~.8. ........ .0..0.......0...2..~. ................. OWNER (S) aow?4~.d..$,..~ctuog .~O. ~.ife. Map No. Lot No. DATE PURCHASED: in...f.a~..~1.~. ~.q~. ~e~le.~at ions 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 I , Section 106-20, Article III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~Xg~:(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) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasonthat we would like to have the Zoning Board of Appeals consider granting relief from Article III, Section 100-31, specifically the minimum lot area requirement of 80,000 square feet. Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ Applicant seeks to subdivide his property into three lots in general conformity with present two-acre zoning. In order to accomodate the existing structures, including applicant°s home, lot lines proposed are drawn to conform with necessary setback requirements. These lot lines have made the improved lot larger than the 80,000 square foot minimum, largely at the expense of the remaining lots. If the property were divided without regard to the improvements, it would yield three lots of 774~8 sq. uare feet each. 2. The hardshipcreatedis UNIQUE and isnot shared by all prope~ies alike in the immediate vicinity of this property and in this use district because propertied adjacent to this property have been subdivided under one-acre bulk rules, and surrounding lots are generally substantially smaller than 80,000 square feet. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because surrounding parcels are all smaller than two acres. STATE OF NEW YORK ) ) ss COUNTY OF~~-~-~ ) Sworn to this .............................................. day of ...... ignature .... ...................... ,9 Notd+y Public LINDA J. COOPER NOTARY PUBLIC, State of New York No 4822563, Suffolk C'ot. lr~tb~_. Term ~xp rr~.,, Me I :~': , , ~"~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the/~t r~r the Petition of : Howard L. Young and wife : to the Board of Appeals of the Town of Southoid : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Special Exception) (Special Permit) (Other) [c±:cle cbc±col 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ~ acre parcel located at the northeast corner of Route 25 and Browns Hill Road, Orient, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A a~ricultural/resid ential 4.. That by such Petition, the.undersigned will request the following relief: specificallyf minimum lot area requirement of 80,000 square feet $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sectic~ 100-~1. Artiele [ ] 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. (5'16) 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.~.hat you or your representative have the right to appear and be heard at such hearing. /'~ / 1 Dated: i~larch 7~ 19~t.5 . Pe Reeder Own, ~s ' N~T~s: Howard L. Your~ and Post Iffice Address c/ John F. de Reeder 24 W~unpLtm Way So~ ~hold,~New York ~11971 wife NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MA~L (See Reverse) Sent to Street and No. Ce~ified Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Date, and Address of Delive~ $,q7 i p 637 498 324 RECEIPT FOR cERTiFIED MAIL NO iNSURANCE cOVERAGE pROViDED NOT FOR iNTERNATIONAL MAiL (See Reverse) Postage E p 637 498 RECEIPT FOR CERTIFIED MAiL NO INSURANCE cOVERAGE PROVIDED NOT FOR ~NTERNATIOflAL MAiL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: -~L~. ~'~'. C~-~ , residing at ~~~%.~'~'V' , bein, duly sworn, deposes a~d says that dn the ~ day of , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ; that said Notices were mailed to each of said persons by (certified) (~:i~ mail. Sworn to before me this '~ ~ day of ~'¥)GJ-c4~. ,19 ~'- Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) I~- :~ :-::',LL MAN E~2,,3 - S.R. 25 SOU~-HOi~, N.Y. 11971 ~r~r w~ use c~n~ tradable ~o~on conce~ CAe p~ec~ ~d ~ely ~c~l ? ~2e acrid. It ~ no~ e~ec~ed ~ ad~i~ion~ s~udlel, research or o~r ~ves~a~i~ w~l be ~de~en. (b) ~ ~ ques~icn ~s ~een an~e~d Tea ~he proJec~ ~ Be si~2can~ ~d (c) ~ ~1 ques~l~ ~ve been anted ~o i~ ~ l~el~ ~ ~ proJec~ no~ sl~ic~c. ~. ~ proJ~c~ res~ ~ a ~ ph7s~c~ ~ LO ac~s of ~a~? · · * * · · · · * · · · ~-- Yes ~ No 20 W~ ~he~ be a ~J~ c~e ~o ~ ~2que or ~. ~ p~Jec~ si~lc~7 effec~ ~Se ~ ~. '~ p~Jec~ ~fec~ ~y ~a~ened or efl~e~ ' ' 7. W~I p~Jec~ res~. ~ · ~Jor ad~e effec~ ~ 8. W~ p~Jec~ ~ve a Mj~ effec~ on v~ c~ ac~er of ~he cc~i~ or scenic vim Or ~a ~. W~I proJec~ adversely ~c~ ~7 si~e ~ ~ cf ~oric, p~s~orlc, ~r pAleom~ologic~ ~o~ce or ~7 si~e desi~ed aa a cri~ic~ env~en~ ~ea ~ a loc~ agencT? . . . · ~ Yes 10. W~ p~Jec~ ~ve a ~Jor effec~ on e~t~ *r 1!. W~i proJec~ res~ ~ ~Jor ~affic proble~ or 12. W~l proJec~ red. afL7 cause cbJec~io~ble ~ors, 13. W~! proJec~ b~ve ~7 ~pac~ om public heath :r ~4. W~i prcJec~ Affe:: ~2e exis%~q co~1%7 bY c~c~ of the co~c7 ~r r. ei~bcrnocd?. · Yes__ QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S,U.N,Y., 5tony Brook, NY 11794, (tel. 516-751-7900)o if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their 5tony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A, application. [ ] I. [ ] 2. r-/-] 3. [ ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheadin9 in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval, If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this 5tare Law and to prevent any unnecessary delays in processing your application(s). 1018RIk " ~OVED BY PLANNING BOARD TOWN OF SOUTHOLD AU6 ~l Ig85 SOU~81~ )m~ r~,~dl,qG HUARU DATE ~ F:/(~' dE_q"__o_ ~_P_./_ RECEIVED BY Pl~ O P££ T Y 1-40W,4~LD_ L_= YouN,~ A;~ZA: ~.3JB AC~.E~5 J i N