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Home My WebLink About3339 GUY SOBERING %3339 FILED: 3/11/85 ,...S~b~i_v~ision w/insuff, total sre~ m Southold Town Board of Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD. L.I.. N.Y. 11cJ71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3339 Application Dated March ]], ]985 TO: Philip J. Cardinale, Esq. for Mr. Guy Sobering P.O. Drawer W - Main Road Jamesport, NY 11947 as Attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 23, ]985 the above appeal was considered, and the action indicated below was on your taken [ ] 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 III , Section ]00-3l, Bulk Schedule (]06-20 [ ] Request for Application for GUY SOBERING (by P. Cardinale, Esq.), Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, 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, Lot 3.1. WHEREAS, a public hearing was held and concluded in the Matter of the Application for GUY SOBERING on May 2, 1985; 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 has considered all testimony and documentation entered into the record in this matter; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in an "A-80" Residen- tial and Agricultural Zoning District and is located on the North Side of Sound Avenue, Mattituck, approximately 1474 feet east of Bergen Avenue, and is identified on the Suffolk County Tax Maps as District 1000, Section 121, Block 01, Lot 3.1; 2. The subject premises contains a total acreage of 2.911 acres as certified by Howard W. Young, L.S. by survey most recently dated January 14, 1985; 3. By this application, appellant requests approval: (a) of proposed Lot #1 of an area of 63,404 sq. ft. with 357.96' frontage along Sound Avenue and which is improved with a single-family, two- story house set back at its nearest point from the front property line 41.6 feet, and (b) of proposed Lot #2 of an area of 63,405 sq. ft. with 198.84' road frontage and which is improved with a wood-frame structure and concrete foundation, set back 38.6 feet at its nearest point from the front (south) property line. (CONTINUED ON PAGE TWO) DATED: June 4, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3339 Matter of GUY SOBERING Decision Rendered May 23, 1985 4. For the record, it is noted that the premises in question was the subject of a prior decision rendered by the Board of Appeals on February 27, 1975 under Appeal No. 2003 restricting the premises to contain not less than 40,000 sq. ft. in area (which was the minimum lot area at that time for each lot in a land division). 5. It is also noted for the record that the parcel to the east of proposed Lot #2 identified as District 1000, Section 121, Block 01, Lot 3.2, contains 40,000± sq. ft. in area with an existing dwelling structure (Building Permit #8083Z dated 7/18/75). In considering this application, the board has determined that the relief as requested be granted since: (1) the relief requested is not substantial in relation to the zoning requirements; (2) the variance will not adversely affect adjoining properties and will not change the character of the district since the premises have been used for single-family purposes and no addi- tional dwelling units would be permitted [except by legislative action of the Town Board to amend the present zoning regulations], (3) the circumstances are unique; (4) practical difficulties are sufficient concerning the circumstances of this and the prior appeal applications; (5) in view of the manner in which the difficulties arose, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconed by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3339 in the Matter of the Application of GUY SOBERING for approval of Lot #1 of 63,404 sq. ft. and Lot #2 of 63,405 sq. ft., BE AND HEREBY IS APPROVED as shown on survey dated January 14, 1985 and subject to there being no further front or side yard setback reductions (except as established or permitted by the zoning ordinance). Vote of the Board: Ayes: Doyen, Douglass and Sawicki. This adopted. Messrs. Goehringer, Grigonis, resolution was unanimously lk June 4, 1985 RECEIV;iD AND FILED BY THE SOUTHOLD TOVfN CLERK DATE Town Clerk, To~ of ~ I NOTICE IS HEREBY GIVENs Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting, commencing at 7:30 follows: pursuant to Section 267 of the Town of Southotd, the following public Southold Town Board of Appeals at Road, Southold, NY at a Regular p.m. THURSDAY, MAY 2, 1985, and as 7:30 p.m. Application for KIMON AND NOODENE RETZOS, by R.W. Gillispie as agent, Main Road~ Southold, NY for a Variance pursuant 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. 8i (1973-Retzo~)~ 7:40 p.m. Applicat'ion 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 operate a carpenter shop within existing building in this B-Light Business Zoning District. Property L~cation: South Side Sound Avenue, Mattituck~ County Tax Map District 1000, Section 12t, BLock 5, Lot 2. 7:45 p.mo Application for ANN SABA (by P. Sujeski), 1000 Stillwater Avenue~ Cutchogue, NY for a Variance to the Zoning Ordinance, Article ~iI, Section lO0-31, Bulk Schedule~ for approval 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. Application for' GUY SOBERING (by P. Cardinale, Esq.), Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article iii, 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, 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 !II, Section lO0-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular 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 lOOll (by R. Bruer, Esq.) for'a Variance to the Zoning Ordinance, Article III, Section 100-31, 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 t~ Lot 23. 8:10 for approval of insufficient proposed cluster development CountY Tax Map District 1000, (at Breezy Shores). £ p.m. Reconvene Hearing of BAYVIEW DEVELOPMENT COR?./SAGE area (and width) of lots in this at 67380 Main Road, Greenport, NY; Section 53, Block 5, Lots l, 1.3, t2.3 The Board of Appeals will hear at said time and place any and alt 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 GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, Secretary (516) 765-t809 (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. FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date..~.~,~-qu..o4g~.. % ....... , 19 ~.~.. To . . ...'~..o,~.....~...~ ................... PLEASE TAKE NOTICE that your app~cation dated .. for pe~it to ~..~ 7~~ ........................................ at ~o~,~o~o~op~y...~.~.~ ...... ~...~..~.~& ..... Hou~ No. St~t H~mlot County T~ Map No. 1000 Section ...1. ~ ) ....... Block ..... Q) ....... Lot ...~. '. ) ....... Subdivision ................. Filed Map No ................. Lot No ........... ~ ...... is returned herewith and disapproved on the following grounds ~.~....-~.....~...c~..~q~.. !°. .~.~ ~ 0 ~~.. ~..~~. ~ ~ ~.~ ~ ~.... ~~.~ ~.. ~ :. ~.~ .~ ~..~y. ~.~..~~ .~ ~. ~~ ~.~ ~..~ ~.~.~..~ ............................ ... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE 3 ~ ~</f TO THE ZONING BOARD OF APJ)EALS, TOWN OF SOUTHOLD, N. V. 1, (We) Guy Soberin~ ~f Sound Avenue Name of Appellarnt Street and Number ~attituek N.Y. ...................... : .................................................................................... :. ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 2-5-R5 FOR: Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) .... GgY....a...n. ~... ~ ~ L .~..h.....,q. p...b..e.. ,r. i. ,n. 5 ........................... Name of Applicant for permit of Sound Avenue, ~at'tituek, Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ......... N..Q..~.,...~.9,.u.D.,d.....A.Y..e,.~.q.9.~....H.~..t..t,.[,t..u..c..k. ...................... Street and Hamlet Zone .T..a.~...~ ...... !.0.~)..0..,.!..2..!.M0..!..~..:..! ...... . ...................... OWNER(S): G.uj. ?ltd. Ruth Sober. ins .. Map No. Lot No. 1972 DATE PURCHASED: .......... ........ , -- 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- of the Zoning Ordinance bv r~umber. JD~o_no.t guote the,-..--Qfc~n-C~fe') section and Paragraph I 106-20 and ACtzcIe itt ,~ecczon Article , Section 3 TYPE OF APPEAL Appeal is mede 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. 280ASubsectior~3 4. PREVIOUS APPEAL A previous appeal [Fr~) (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 FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that we would like to obtain permission two parcels, each havin~ 63~400+ square feet attached. to subdivide into as per subdivision plan (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practice]difficu]tiesoru~nsces- sary HARDSHIP becousa the appro×imately 3 acre parcel ih question ~aa been divided pur~u&nt to a written marital separation egreement between the applicants Guy and Ruth SoherinR entered into em Sept° ~6~ 198~ and with a,Nemorandu~ of Agreement filed with the County of Suffolk on the and exclusive use-amd ownership of the dwel~inE$ thereonb which had hee~ forma~ s~hdivision application was not made until 19~4 whereupon it was learned that a two acre requirement was in effect° 2 The hardshipcreotedis UNIQUE and isnotshared by ali properties cHke in t¼e' immediate vic)nity of this pr~erty and in this use d)strict because The hardship created hy strict applicatio~ cf present zoning require~ Gents is unique to this parcel and these individuals and is not shared by neighboring parcels since the unique utilization of the existing parce~ an~ RwalIin~s thereon is an outgrowth of the' applicants~ uhiqua'and particular personal marital circumstances and~ is and has been based upcn the sorting requirements in exlstance at the time of their marital seperation which would in fact have permitted the utilization herein ,~,e Variance observe the spirit cf the Ordinance end NOT CHANGE % F CHARACTER OF THE DISTRICT because the tots ~ ' c~eatea~ if the variance ~ere grantad~ would be of substantial size (~4~0+ Square feet each}° ~uhsta~t~al structures already stann om each of the nroposed ~ot areas conformity with the existin~ character of tee neighborhood and ~' ~ '~ ss . ~: . S~hotu,e . · COUNTY OF .Suffolk ....... ~' .................................. Sworn to this ............................................ day of ...... ~q'~ ........................ ~9 85 Notary Pubi~ / ~(~'FARy PUBLIC. Stet~ o~N~ %~ 52-48 ] 2588 - Suf~ k ~u~ ,~/ U:7./ E ~ , ACR. S W [~ES...J~/0 ~S~S. VL I FARM COMM. LAND IMP. TOTAL DAY'E REMARKS ~ f ,-, ...... ' AGE. BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM ' Acre Value Per Value Acre Tillable ;~ ,, c; C) N FAGE ON WATE,~ . _. ~AZoodland FRONTAGE ON ROAD ._) ~,.~ Meadowlond DEPTH Tokfl ~ ~ DOCK " / 0// 0 W/1 Oal' 0 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. SAWlCKI June 4, 1985 Philip J. Cardinale, Esq. Main Road - P.O. Drawer W Jamesport, NY 11947 Re: Appeal No. 3339 - Guy Sobering 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 b~ 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' GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary FILED 1981, A,THUR J. ¢I. ERK OF SUFFOLK COUNTY by and between ~o thls day of ~T~b~( IHC, residing at Mattituck Hew York, (hereinafter referred to as "Wife"), and GUY WINSLOW SOBERIHC, residing at Hattituck, Hew York. (hereinafter referred to as the "Husband") W I TNE S SE T H : WHEREAS, the parties hereto were duly married to each other in S~k County, Hew York, on the loth day of Dune, 19621 WHEREAS, there are four children of the marriage; namely Nicholas, born December 10, 1962; Matthew, born Hatch 12, 1966; Andrew, born 3uly 1, 19d7; and Stephen, born February 19, 1970; WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties, as a result of which they have separated and are now living separate and apart from each other; and ~ WHEREAS, it is the intention of the parties to continue to so live separate and apart from each other, and it is their desire to enter into an agreement, under which their respective flnaneia! and property right~ remedies, privileges, and obligation to each other, arising out of the marriage relation, or otherwise, shall be fully prescribed and bounded thereby; and WHEREAS, the parties hereto have had the opportunity to be separately and independently appraised and advised of their tespectl~e legal rights, remedies, privileges, and obligations, arising out of the marriage relation or otherwise, by counsel of Southold, N.Y. 11971 (516) 765-1938 April 22, 1985 Philip J. Cardinale Cardinale and Cardinale Attorneys-at-Law Main Road Jamesport, NY 11947 Re: Sobering Subdivision Application Dear Mr. Cardinale: The following action was taken by the Southold Town Planning Board, Monday, April 15, 1985. RESOLVED that the Southold Town Planning Board offers the Zoning Board of Appeals the following comments regarding the minor subdivision of Guy and Ruth Sobering at Mattituck: The lots proposed are less than the current two-acre zoning, and there appears to be a house and a foundation already existing on the property. / cc: Zoning Board of Appeals If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 11,1985 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R · A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONSIENTAL DECLARATION .JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3339 PROJECT NA~LE: Sound Avenue, Mattituck, NY GUY SOBERING 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 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 similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to sub-divide into 2 parcels, havings 63,400+ square feet. each LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: No #, Sound Avenue, Matt!~uck, NY SCTM# 1000-121z01- 3.1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no 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 wetalands or other critical environmenta.1 area. FOR FURTHER INFOPaVLATION, PLEASE CONTACT: Linda KowalsRi, 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. OF APPEALS MAIN ROAD SOUTHOLD, NEW YORK NOTICE OF HEARINGS 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, commenc- ing at 7:30 p.m. THURSDAY, MAY 2, 1985 and as follows: 7:30 p.m. Application for KIMON AND WOODENE RET/DS, by R.W. Gillispie as agent, Main Road, Southold, NY for a Variance pursuant 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, Sectio~ 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. VlTALE, .622 Oak Street, Copiague,~NY 11726, for a Variance to the Zoning Ordinance, Article Vl, Section 100-60 for permission to oper- ate a carpenter shop within existing build'rog 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, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Sch- edule, for approval of insuff- icient area sndwi.dth 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. ~ p.m. Application for ~G Coy P. Card- inale,~_sq.), 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, ~t 3.1. 8:00 p.m. Apl~lication for MR. AND MRS. HOWARD L. yOUNG (by $. De Reeder),28- 545 Main Road, Orient, NY for a Variance to the Zoning Ord- inance, Article HI, Section 100-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed three-lot division of land locat- ed 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. 8:10 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 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 to the conclusion of the subject hearing. Dated: April 17, 198~ BY ORDER OF THE SOUTHOLD TOWN 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 ........ .~.? ........... day o~.- .-~.-: .. ............. , 19..f..C~. Sworn to before me this ......... .~..~..'~'. ...... day of .......... ...... ,19 Notary Public BARBARA FORBES Not~7 Public, Ststo of New York No. 48~6 Quati£ied in Suffolk Counl.¥ Commission Expires March 30, 19 ~3c~' Legal Notices 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 Seuthold 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 for KIMON AND WOODENE RE- TZOS, by R. W. Gillispie as agent, Main Road, Southold, NY for a Variance pursuant to New York Town l~w, ~ction 280-a, for approval of access over pri- vate 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 identifiod as County Tax Map District 1000, Section 31, Block 2, Lot 10; and more per- ticularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Ro- tzos). 7:40 p.m. Application of BRUCE M. VITALE, 622 Oak Street, Copiague, NY 11726, for a Variance to the Zoning Ordi- hence, 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 IH, 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 Stillwater Avenue, Cutehogue, NY; County Tax Map District 1000, Section 103, Block 07, Lot 007. ~ 7:50 p.m. Application for Q~U~ SOBERING P. Cardinal~ E~.~'-~und A, ~.,ue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for ap- ~roval 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 MR. AND MRS. HOWARD L. YOUNG (byJ. DeReeder), 28545 Main Road, Orient, NY for a Variance te the Zoning Ordi- nance, 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. 8:10 p.m. Reconvene Hearing of BAYVIEW DEVELOP- MENT CORP./SAGE for ap- proval of insufficient area (and width) of lots in this proposed cluster d~velopment at 67380 Main Koad, ~reenpert, 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 to the conclusion of the subject hearing. Dated: April 17, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski, ~cretary (516) 765-1809 (alt. 1802) 1TA25-4868 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) ANNA LEKKA$ of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed ia e printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 2 5 dayof April 19~ Sworn to before me this 25 deyof April 19_ 85 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VI[Al S I \IISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 11, 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 Appeal No 3339 application for a variance by Guy Soberin.g, and accompanying papers as outlined on the attached letter of transmittal from Philip J. Cardinale, dated March 8, 1985. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- IBTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 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 TELEPHONE (516) 765-1809 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 Hearing 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 Howard L. Young & Wf. May 2 ~bering 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 Southold, N.Y. 11971 (516) 765-1938 January 22, 1985 Philip J. Cardinale Cardinale and Cardinale Attorneys-at-Law Main Road Jamesport, NY 11947 Re: Sobering Subdivision Application Dear Mr. Cardinale: The Planning Board reviewed the above mentioned application at~ the regular meeting of ~anuary 21, 1985. It was the consensus of the Board that prior to any action a field inspection will be made. It was also noted that the lots are under the two-acre requirement, therefore, an application will have to be made to the Zoning Board of Appeals. Please see the Building Inspector first for the procedure for applying to the Board of Appeals. If you have any questions, please don't hesitate to contact our offfce. Very truly yours BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Zoning Board of Appeals 976aln g~oaor ffamespor~, ~Cew ~or~ 11947 (J16) 722-4744 March 8, 1985 Southold Town Hall Zoning Board of Appeals Main Road Southold, NY 11791 Attn: Linda Re: Sobering ZBA Application Dear Linda Enclosed please find re the above: 1. Notice of Disapproval from the Building Inspector 2. Application in triplicate 3. Notice to adjoining property owners with proof of mailing attached 4. Short Environmental Assessment form 5. Wetlands letter 6. Six copies of up-dated survey showing all necessary information 7. My check for $75 filing fee I would greatly appreciate your doing all that you can to expedite the calendaring of this for the very next available date. Thank you for your anticipated cooperation and attention to this matter. Sincerely PHILIP J. CARDINALE PJC/cmg enc. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO..~3~? DATE ~ c~-/~-?'-~'~ Gu!~ S0berin~ 1, (We) ................ : ............................................ of 3.ZlI--W~¢ 7~th 'Name of Appellont Street and Number Municipality ................. .' .......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING. INSPECTOR ON APPLICATION DATED: 2-5-25 FOR: Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .... .?.?..o.....w........7..?..t. ........ .............................. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY F~ ~, ~.9..u..n.d Avenue, Mattltuck Street and Hamlet Zone .~.a. ix...~ ...... !.9..0..0..,.!..2..!.~..0..]..~..3..:..! ...... . ...................... OWNER liS): C.u,,,v..~tt.d..R.u..t~n..S.o..b.e.r. in. ~..' Mop No. Lot No. 1972 DATE PURCHASED: ................... . . 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoni g dinah e b nu her. n n ute the 'n' e) Article , Section 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 acces~ (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection-3 4. PREVIOUS APPEAL A previous appeal ~'n~ (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 is requested forthe reasonthat we would like to obtain permission to subdivide into t~o parcels, each havin~ 63,400+ square feet as per subdivision plan attached. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because the approximately 3 acre parcel in question had been divided pursuant to a written marital separation agreement between the applicants Guy and Ruth Sobering entered into on Sept. 16, 1951, and with a~Memorandum of Agreement filed with the County of Suffolk on the same date. At that time the zoning in the area was one acre. It was contemplated that the spouses would each enjoy one half of the property and exclusive use-and ownership of the dwellings thereon, which had been before that date and continues to be the pattern of use. Unfortunately, formal subdivision applicatlon was not made until 1984 whereupon it was learned that a two acre requirement was in effect. 2. The hardshipcreatedis UNIQUEand isnot shared by all properties alike in the immediate vicinity of this property and in this use district because The hardship created by strict application of present zoning require- ments is unique to this parcel and these individuals and is not shared by neighboring parcels since the unique utilization of the existing parcel and dwellings thereon is an outgrowth of the applicants' ubique and particular personal marital circumstances and, is and has been based upon the zoning requirements in existence at the time of their marital separation which would in fact have permitted the utilization herein requested. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots created, if the variance were granted, would be of substantial size (63,400+ Square feet each). Substantial structures already stand on each of the proposed lot areas and the utilization of these pre-exlstin~ structures would be in complete conformity with the existing character of the neighborhood and district. STATE OF NEW YORK ) ff~/x~. ..~..( ) ss _.....-~,, =.-...-.-{~S ature ............... COUNTY OF 'C;uff°lk ) ." " GUY SOBERIN. G ~ of....~..~ ....................... 19 85 Sworn to this ............. .~.. ............................ day . . · BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : GUY SOBERING : to the Board of Appea~s of the Town of $outho~d : 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Prtition is located adjacent to your property and is des- No # Sound Ave., Mattztuck, NY cribed as follows: Tax Pa:eel # 1000, 121, 01, 3.1 3. That the property which is the subject of such Petition is located in the following zoning district: A' 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I and III Section 106-20 and 120-31 [ ] Section 280-A, New York Town Law for approva] 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 ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;:tt~,~t a notice of such hearing must be published at least five days prior to the date of such hearing in ~he Suffolk Time~ 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. Dated: March 8~ 1985 . Petitioner r.ng4 and Owners ' Names: Ruth Sobering Post Office Address 220 w. 79th St.; New York. NY NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS James Connolly and April Connolly Sound Ave. Mattituek, NY 11952 Mr. Thornton E. Smith 46 Brookslde Drive Plandome, NY 11030 Z[S-C0~'-£g6[ 'O'd'D'STI · g96L 'qe:l '008~ m]o.-I Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) Carol Guyton , residing at Main Road, Mattituck, NY , being duly sworn, deposes and says that on the 8 th day of March , 19 85 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed t'o each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Jamesoor t, NY ; that said Notices were mailed to each of said persons by (certified (registered) mail. Sworn to before me this d~ day of ,,'~ ~-~--'-~-~ ,19 ,.~ Notary Public ~ Carol C~uy t on PHILIPJ. CARDINALE NOTARY PUBUC, State of New York Nb 52-4725103, Suffolk County . Commission Expires March 30, 198.~ (This side does not have to be completed on form transmitted to adjoining property owners.) The ~;.Y.S. lb ronmentai Quality R~:vi,:w /,ct requires sub- mission of Lhis and an environ,~len[dl ~l~iew will be made by this board before any action 'is takt~T. SHORT EN'/YIIO,N'~,;EN~Ai, ASSESS,~E;1T FU.~ (a) In order to answer the questions in this shor~ gAF is is assumed that the preparer will use currently ·reliable ~nfor=~tton concerning the project and the likely impacts of the action, it is not expected that additional studios! research or other investigations will be undertaRen, (b) If any question has been answered Yes the project may be significant ·nd a ecnpleted Envlro~:en~·l Assessment Form io ~ecessar2', (c) If all questions have been answered No i= is likely that this project is nc~ significant. (d) Enviror~ental Assess,ment 1. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? , , · · . . . , . , . 2. Will there be a major change to any unique or unusual land form found on the site? · · · , 3. Will project alter or have · large effect on an existing body of water? , , , , · , , , , Will project have a po~entially large impac~ on groundwater quality? Will project significantly effect drainage flow 6, Will project affect any threatened or endangered plant or animal species? , , , , · 7. Will project result in a major adverse effect on air quality? , , , , , , , , , , , Will project have a major effect on visual char- acter of the co~munity or scenic views or vistas known to be important ~o the com.munity? , , · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmen~al area by a local agency? · · · 10. Will project have a major effect on existing or future recreational opportunitiss~ , · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance a~ a result of the project's opera~ion? . Will project have any impact on public health or safety? , , , , · . , , · · , , Yes /No Yes Yes /No Yes /No Yes ,/No Yes Yes Yes Yes ./No Yes ~No l&. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more t~an 5 percent over a one-year period or have a ma~or negative effect on the cnaract~ of the co~.~unity ~r neign~orhooo?. ~ Yes / ,..PRES_JTI,,C. DATE: 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., Stony Brook° NY 11794, (tel. 516-751--7900), 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. [ ] I,z ] 3. [ ] 4. [ ] 5. [ ] 6. Waterfront without bulkheading Waterfront with bulkheading 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, [ ] 7. 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 State Law and to prevent any unnecessary delays in processing your application(s), 'x ':"- '""'" ":i::: ---""i'::5.' ' ~/,,~' ---._ .-' j~-~-., ~\~t,;,,= ', -- -. '~, , ~7'~ "'--~ ~' ~A, 7 / - "o,~u~..s.f. ', ..-- _ . , ~tr ~ I GUY SOBERING ~ RUTH SOBERING