Loading...
HomeMy WebLinkAbout3337 Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I.o N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3337 Application Dated February 28, ]985 TO: (Public Hearing May 2, 1985) Mr. Robert W. Gillispie, III as P.O. Box 1112 Southold, NY 11971 [Appellant(s)] agent for KIMON AND WOODENE RETZOS At a Meeting of the above on your the Zoning Board of Appeals held on June 13, 1985, appeal was considered, and the action indicated below was 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 , Section [ ] Request for Application for KIMON AND WOODENE 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 lO00, Sec- tion 31, Block 2, Lot 10; and more particularly Lots 2 and 3 of Minor Subdivision No. 81 (1973-Retzos). WHEREAS, a public hearing was held and concluded on May 2, 1985, in the Matter of the Application for KIMON AND WOODENE RETZOS under Appeal No. 3337, 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 April 23, 1985 Road Inspection Report No. 444 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 known and identified as Subdivision Lots #3 and #2 of Minor Subdivision No. 81, approved by the Southold Town Planning Board during 1973, and more particularly on the Suffolk' County Tax Maps as District 1000, Section 31, Block 02, part of Lot 10. 2. The right-of-way in question is located along the southerly side of land now or formerly of Metropoulos (1000-31-2-13) commencing at a point at the east side of Rocky Point Road having a legal width as shown on survey dated November 23, 1972, and a traveled width of 12 feet, extending from Rocky Point Road in an east-west direction approximately 262 feet, and thence extends in a north-south direction for a length of approximately 280 feet, which has some depressions. 3. The right-of-way in question appears to have been used as a "haul road" to a former sand pit. Test holes show at least (CONTINUED ON PAGE TWO) DATED: June 24, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3337, Matter of KIMON AND WOODENE RETZOS Decision Rendered June 13, 1985 six inches of hard-packed sand, gravel and loam. At this time there does not appear to be any drainage problem. 4. Submitted for the record is a copy of a deed at Liber 4703 cp 233 dated October 1, 1959 from Nowell to West, the prede- cessor in title. 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. Goehringer, it was RESOLVED, to grant approval of access applied for under Appeal No. 3337 in the Matter of the Application for KIMON AND WOODENE RETZOS over the private right-of-way located on the east side of Rocky Point Road (described in #2, supra), 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. Holes and depressions in the east-west length to be filled with bankrun gravel, sand and loam; and 3. Widen road to 16 feet where necessary by removing topsoil for 8" and backfill with 8" of bankrun gravel, sand and loam; and 4. Place a 3" crowned compacted top course of 3/4"-stone blend or crushed concrete (re-cycled concrete); and 5. An alternate method of construction after filling the depressions would be to place 4" of crowned stone blend or crushed concrete on the existing surfaces for the 16-foot width; and 6. There shall be a clearance of 30 feet at turns for turnarounds; and 7. That this right-of-way shall be maintained at all times in good, satisfactory condition; 8. That all of these conditions be met prior to the issuance of any building permit or June 1, 1988, whichever shall be first, or this variance will be deemed void in its entirety, and additional application and updated reviews will be necessary~automatically; 9. 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; 10. 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. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RECEIVED AND FILED BY THE SOUT~OLD TOWN DATE ~/~f;/~'S HOUR ~:~. lk ERARD P. GOE?qR~NGER, C~qRMA'~ June 24, 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Halls Main Road, Southold, NY at a Regula'r Meeting, commencing at 7:30 p.m. THURSDAY, MAY 2, 1985, and as follows: 7:30 p.m. Application for KIMON AND WOODENE 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 ~o be located off the east side of Rocky Point Road along the southerly property line of land o~ Metropoulos ann 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 ~. 8! (i973~Retzos). 7:40 p.m. Applicat-ion of BRUCE M. VITALE, 622 Oak Street, Copiague, NY I1726, for a Variance to the Zoning Ordinance, Article VI, shop within District. County Tax Section 100-60 for permission to operate a carpenter existing building in this B-Light Business Zoning Property L~cation: South Side Sound Avenue, Mattituck~ 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 approval of insufficient area and width of lots in this proposed two-lot division located at the South (westerly)iSide 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 lO0-31, Bulk Schedule, for approval of 'insufficient area of lots in this proposed two-lot division of land located on the North Side of Sound Aven~ue, Mattituck, 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 Ordinanc'e~ Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of two lots in this proposed Page 2 - Legal Notice of Hearings Southotd Town Board of Appeals Regular Meeting of May 2, 1985 three-lot division of land located on the North the East Side of Browns Hill Road, Orient, NY; District 1000, Section 18, Block 06, Lot 24. Side of Main Road County Tax Map and 8:05 p.m. Application for JAMES PERICONI AND MARION CtMINI, 223 West 21st Street, New York, NY lO011 (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 1, 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 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, APRIL 25, 1985, and forward seven affidf~vits of publication by Apri' 30th to: Board of Appeals, Main Roads Southold, NY 11971. FORM NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ ?.. ~. ~-..~...C.;,,-~ .~..~. 7~t-,.,~ .~. ....... .~.. e:'}:. 0.?.~, ...... P~ASE TAKE NOTICE that your apphcation dated ...~~..~ ....... 19 ~.~.. Hou~ No. "' ' Ham/at CountyT~ Map No. t000 S~cfion ... ~, ~ J ..... Block .... ~.~. ..... ~t ... !.~ ........ Subdi~sioa ~!~ Filed Map No .... ~ ..... ~t No .... ~:.~ .......... ~ retumefl herewith and dhapproved on the following grounds. ~..~.. ~. ~ 7.~.. ....... 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.7 OATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOED, N Y, Robert W. Gillispie, III as agent for (We)..K.£mo;n.. & ..W.o o~ e~e.. I~ e.tz o.s ........... of .............................. ~..a: .1. ~,. ~..O. ?....c). ........................ Name of Appellant Street and Number S o~thold, N.Y. ....................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:1I/g6/845OR: V~csnt L~nd Certific~me of Occupnncy WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) PERMIT TO BUILD Nome of Applicant for permit of N.Y. 11435 .... ........ ..................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~ LOCATION OF THE PROPERTY ~R.-.Q.-.W~ff.~R~ky.~.p~.~.~..~...d-...~..~.t.~.~...~r..*~.~-t Street and Hamlet Zone ~inor Subdivision for .~_i.~.qB...& ~.o...o..d. 9..n..e.....R_e..~.9..s. ........................... OWNER IS): Kimon & Woodene Re~zos ....... £ Fz'17 0 ........... /V~OD No Lot No. .%t ..6.8.7.% 2 oROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section Sub- section ana ParagraPh of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 16 , Section 280-A 3. TYPE OF APPEAL Appeal is made herewith Jar A VARIANCE tc the Zoning Ord nonce or Zoning Map A VARIANCE due to.lack of access rState of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 ~REVIOUS APPEAL A previous appeal ~1~ (has not) been made with respect to this decision of the Building Inspector or with respect to this eroperty. Such ~ppeal was request for o 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 i-o4'~e~ Zoning Ordi~a~ee is request~f~,r~s?.r~t, We Would li.ke to be able to sell one,?r both of the lots in th~ ~.znor Subdiviszon which sre located on ~ne private right-of-~y shown on the m~p of this three lot ~inor Subdivision, The 8.pplic~nts request pe~ission to improve to Town stand~rds a sufficient length 8nd width of the ~forementioned right- of-way to gain npproved ~ccess to both lots~ which is approximstely 262 feet of the eSmSt/~est section of the right-of-way and ~pproxi- Form ZB1 (Continue on other side) m~tely 270 feet of the north/south ~ec¢ion of the rzgh~-of REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would .oroduce practica] difficulties or unneces- serv HARDSHIP because the ~pplic~nts would be ur~,ble to sell ~wo of the three lots in their approved Minor Subdivislon~ 2 The narasn p created is UNIQUE and is not snarec by ail properties alike in the ~mmedJote wcmit, of this property and in this use district because mOS% of the other lots the immediate vicinity, of this proper~y_ ha.ye access from Rocky ?oint Ro~d,' which is a' ~own highws.y. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two lots in question ~re look.ted on ~.n existing right-of-ws~y serving other vacsnt properties in the vicinity. STATE OF NEW YORK ) '~- COUNTY OF L!NDA F, ~0WALSK] ~ ~ ' . ~ ~OTARY FUBHC, St;te cf New / OWNER STREW? ? OWNER SEAS. IMP. /¢6 6 ' S // VL FARM TOTAL DATE VI LL~GE ACR. ~ 4,,£ TYPE OF BUILDING FRONTAGE ON WATER REtv~RKS ~ FRONTAGE ON ROAD DEPTH BULKHEAD MICS, Mkt. VaJue, ~'~ '~ '~ lapp Southold Town Board o eals HAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI October 6, 1986 Henry S. Saxtein, Esq. 747 East Main Street Riverhead, NY ll901 Re: Appeal No. 3337 Kimon and Retzos/Reich (280-a Dear Mr. Saxstein: This letter will confirm that the following action was taken by the_ Board o~ Appeals at a Regular Meeting held Thursday, October 2, 1986 concerning the. above matter:. RESOLVED, to accept the right-of-way improvements inspected October 1, 1986 and cqnditioned by.Appeal No. 3337 in the Matte~ of KIMON AND WOODENE RE~ZOS, SUBJECT TO CONTINUOUS MAINTENANCE AT ALL TIMES.. as Vote of the Boardi Ayes: Messrs. Grigonis, Douglass, Doyen and Sawicki. was duly adopted. Goehri~ger, This resolution cc: Mr. David Verity Mr. Victor Lessard Building-Department Yours very truly, [i nda Kowalski ~oard Secretary Administrator To: Gerard P. Goehringer, Chairman Report No. 444 Southold Town Board of Appeals From: John W. Davis Date: April 23, 1985 Re: Appeal No. 3337 - Kimon and Wooden Retzos - Proposed Access Road Comments: According to Town records there is a legal R.O.W., 24 ft. in width, from Rocky Point Road all the way to a former sand pit. The proposed access road would stay in this R.O.W. by holding the right side on the easterly course as there are some large trees on the south side of Lot No. 3 that are in the R.O.W. by 6 ft.±. No clearing is necessary for the northerly length of the access, 272 ft.±. The cleared width here is about ~8 ft. The existing present road will average ]2 ft. in width. It was used as a haul road while the sand pit was in operation and from test holes shows at least 6" of hard packed sand, gravel and loam. The easterly length, 280 ft.± has some depressions. The northerly length has none. The existing road profiles are satisfactory and there does not appear to be any drainage problems. Recommendations: 1. Access roadway width 16 ft. 2. Holes and depressions in the easterly length to be filled with bankrun gravel, sand and loam. 3. Widen road to 16 ft. where necessary by removing topsoil for 8" and backfill with 8" of bankrun gravel, sand and loam. 4. Place a 3" crowned compacted top course of 3/4" stone blend or crushed concrete (re-cycled concrete). 5. An alternate method of construction after filling the depressions would be to place 4" of crowned stone blend or crushed concrete on the existing surfaces for the 16 ft. width. Some provision should be required for turning emergency vehicles at the end of the access road. Turning can be done where the road turns north as the present road continues easterly. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCK[ October 6, 1986 Henry S. Saxtein, Esq. 747 East Main Street Riverhead, NY ll901 Re: Appeal No. 3337 Kimon and Retzos/Reich (280-a) Dear Mr. Saxstein: This taken by Thursday, October 2, 1986 concerning the. above matter: RESOLVED, to accept the right-of-way improvements inspected October 1, 1986 and cqnditioned by.Appeal No. 3337 in the Mattec of KIMON AND WOODENEiRE~ZOS, SUBJECT TO CONTINUOUS MAINTENANCE AT ALL TIMES. letter will confirm that the following action was the Board o~. Appeals at a Regular Meeting held as Vote of the Board~ Ayes: Messrs. Grigonis, Douglass, Doyen and Sawicki. was duly adopted. Goehringer, This resolution CC: Yours very truly, M nda ~o~a]sk~ ~oard Secretary Mr. David Verity Mr. Victor Lessard Building-Department Administrator Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c9'7~1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 25, 1985 Mr. Robert W. Gillispie North Fork Agency P.O. Box 1112 Southold, NY 11971 III Re: Appeal No. 3337 - Kimon and Woodene Retzos Dear Bob: Attached determination date with the hereto is a copy of the recent findings and rendered in the above matter and filed this Office of the Town Clerk. When improvements have been made, please notify us in writing in order that we may arrange for a final inspection and acceptance of same. If you have any questions, please do not hesitate to call either our office or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Mr. Victor Lessard GERARD P. GOEHRINGER C~I.RMAN . 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- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 April 17, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re - Appeal No. 3337 Kimon and Woodene Retzos Right-of-Way off the East Side of Rocky Point Road at East Marion to premises identified as 1000-31-2-10 Dear Mr. Davis: We have an application requesting approval of access over a proposed right-of-way to be located off the East Side of Rocky Point Road along the south side of property now or formerly of Metropoulos and along the north side of property now of the Estate of Nowell. May we have your inspection and report concerning appropriate improvements for same for emergency vehicles. We have enclosed copies of the survey and County Tax Map. The hearing date on this matter has been advertised for May 2nd. Thank you for your time and assistance. Yours very truly, GERARD P. GOEHRINGER Enclosures By tinda Kowalski P.S. In the event you have difficulty finding the location of this proposed right-of-way, please contact Bob Gillispie at the North Fork Real Estate Agency, North Road, Southold, New York (tel. 765-9250-office, or at home 477-0230). Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of Southold, the following public hearings will be held by the Southald Town Board of Ap- peals at the Seuthold Town Hall, Main Road, Seuthald, 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 Read, Southold, NY for a Variance pursuant to New York Town Law, ~ection 280-a, for approval of acce~ over pti- rate right-of-way to be located off' the cast side of Rocky Point Road along the southerly property line of land of Metropeulos 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- ticulariy Lots 2 and 3 of Minor Subdivision No. 81 (1973-Re- tsos). 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. foAB7:45 p.m. Application for ANN A (by P. Sujeski), 1000 Still- ater Avenue, Cutchogue, NY r a Variance to the Zoning Or- [dinance, Article HI, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of lots in this proposed two-lot divi- 0.~ctn located at the South (wes- rly) Side of Stillwater Avenue, ogue, NY; County Tax Map 1000, Section 103, Block t 007. 7:50 p.m. AJ~lication for GUY SOBERIN~[~ P. Cardinale, Esq.), Sound~L~nue, Mattituck, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for ap- 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 MR. AND MRS. HOWARD L. YOUNG (by J. DeReeder), 28545 Main Road, Orient, NY for a Variance to the Zoning Ordi- nance, ArClcle 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 Read 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 development at 67380 Main HOad, Clreenpert, 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. GOEHR[NGER CHAIRMAN By L. Kowalski, Secretary (516) 765-1809 (alt. 1802) 1TA25-4868 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~NN~ T,E~KAS of Greenport. in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaoer, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 2 5 dayof A~ril 1985 · ~.% ~\%~3~%%~%/, Principal Clark ~\%~%%~Sworn to before me this __ 2~ '~[~ %*~ dayof April 19 85 ZONINO~ BOARD , OF APPEALS, Iv lAIN ROAD S~O~U,,N~ YO~: NOnCi tS orr.. EN~ p~rsuant~to sectiOn 267 of. the Town Law and the Code of the Town of Soulh~ld, the. following publin hearings will: be held by the .seuthMd Town Board of appeals at the. Southold Town Hall, Mann. Road, Southold, NY at a Regular Meeting. eommenc-' lng at 7:30 p~m. THURSDAY, MAY 2, 1985 anc,k'aS' follows: ~ agent, Main Ro~d, Southold, . ~NY for a Vari~n~ p~uant to ~qew York Tow~{,~W Section over private tJg~'-~f-~aY to be Rocky Pan~g southerly .p~g~ ~ pfl~d of Metrol~'ul~o~ a~d ~er land. of Nowell .~te, ~ premiss. identifle41 as Count~ T~x M~ - 2, Lot 10; and ~oi~ ~.. ly Lots 2 ~1:3 ~ ~l~or. Subdivision No~' ({9~,Ret-'. ZO$). BRUCE M. VITALE, 622 Oak' Street, Copingue, ~. 11726, for a Variance t° the Zoning Ordinance, Article VL=~IOn . 00-60 for perm~o oper. ate .&. ~nt~r s~op' !within. existing building in this B-. light business Zoning District · Property Location: South'Side , Sound Avenue, Mattitucdt;~ County Tax Map {District 10~0,. Section 121, BIo,~k $, Lot 2.. ~ 7:45 p.m. A{~plicefi~ {ne A~N SAEA (by P. Sak~i), 1000 StBIwater 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 andwidth of lots in this proposed two-lot division io~ated at the South (westerly) Side of Stillwater ~venue, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 07, Lot 007. 7:50 p.m. Application for GUY SOBERIHG (by P. Card- inale, Esq.), Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article HI, 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. Aplmlicetion for MR. AND MRS~ HOWARD L. yOUNG (by J. De Reeder),28- 545 Main Road, GHent, NY for a Variance to the Zoning Ord- inance, Article III, Section 100-31, Bulk Schedule, foe approval of insufl~einnt area of two lots in this ~ three-lot division of land locat- ed on the North side of Mnln Road and the East side~)f Browns Hill Road, Orient, NY; County Tax Map District 1000, Section 18, Block 06, lot 24. 8:10 p.m. Recenvene Hear- lng of BAYVIEW DEVELOP- MENT CORP./SAGE for app- roval of insufficient area (and width) of lots in this proposed cluster development at 67380 ,lain Road, Groenport, NY;.; County Tax Map District 1000, Section 53, Block $, 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 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 ......... .~...Y. ~ ....... da .... ,19 ..... Q~\ ..... Sworn to before me this ......... .~...~.~ ....... day of ........ ........ Notary Public BARBARA FORBES Notar.~ Public, S~ate of New York No. 4~,6846 /1t~ :'~ ~i ti in SuffoLk County ° ~opies 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, lO00 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 V. Lessard (office) H. Raynor for Bayview Development/Sage Southold Town Board of'Appeals MAIN ROAD- STATE~ ROAD ~.r~ SOUT~IOLD, L.I., N.Y. APPEALS BOARD MEMBERS April 11, 1985 TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. S · E · Q · R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~IENTAL DECLAP~ATION JOSEPH H. $AWICKI Notice of Determination of Non-Significance APPF~L NO.: 3337 PROJECT N~: Kim0n and W00dene Retz0s April 19, 1985 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines cant adverse effect on the below. the within project not to have a signifi- enviro~ent for the reasons indicated Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance requesting approval of access over a proposed right-of-way due to ]ack of access. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Rocky Point Rd. East Marion #1000-031-02-10 , 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) Tae property in question is not located within ~00 feet of tidal wetlandm or other critical environmental mre~. FOR FURTHER INFOP~ATION, 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. JUDITH T. TERRY TOWN CLERK OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD February 28, 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, Sou~hold Town Clerk Transmitted herewith is Zoning Appeal No. 3337 application of Kimon and Woodene Retzos for a variance, with Robert W. Gillispie III acting as agent. Also included is Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; copy of application for Certificate of Occupancy; Notice of Disapproval from the BuildSng Department; and survey. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD 9F APPEALS, TOWN OF SOUTHOLD, N. Y. Robert W. Olllispie, III as a~ent for 1, (We).,Kimon..&..W.oodene..Re.1;Zns .......... of Main Road Nome of Appellant Street and Number ................. S...o.~..t..h..o...]:.~..~ ................................................................. .N..:.~,: ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:ll/26/84~OR: Vacant Land Certificate of Occupancy WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) Nome of Applicant for permit of 84-18 143 Street Jamaica N.Y. 11435 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1 LOCATION OF THE PROPERTY ..R~D~W...of~..R.qck~..~Oi~...~.,...~.8.~..~l~.~9~....~_1 Streef and Hamlet ' Zone Minor Subdivision for Kimon & Woodene Retzos OWNER(S): Kimon & Woodene Retzos .................................................................................Map No. Lot No. ' ...... f~/~iy~b ........... DATE PURCHASED: 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 16 , Section 280-A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to !ack of access (State of New York Town Law Chap. 62 Cons La~,s Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for a variance and was m~de in Appeal No ...............................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A.Va~iance to ,thc Zoning Ordir~ance is requested for the reasor~l%at we ~oul.d ~$ke to be able to sell one or both of the lots in th~ ~inor Subdzvision which are located on the private rizht-of-w~ shown on the map of this three lot Minor Subdivision. The applicants request permission to improve to Town standards a sufficient length and width of the aforementioned right- of-way to gain approved access to both lots, which is approximately 262 feet of the east/west section of the right-of-way and approxi- Fmrn ZB1 (Continue on other side) mately 270 fee~ of the north/south section of the right-of-way. REASON FOR APPEAL Continued l, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the spplicants would be unable to sell t.~o of the three lots in their approved Minor Subdivision. 2 The hardship createdis UNIQUE and isnot shared by all properties alike in the immediate vicinity of this property and in this use district because most of the other lots in the immediate vicinity of this property~hnve nccess from Rocky Point Road, which is ~sl town highway. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CllARACTER OF THE DISTRICT because the two lots in question Rte located on an existin~ right-of-way serving other vacant properties in the vicinity. 5FATE OF NEW YORK COUNTY OF ss Sworn to this .............................................. day of ....... ~..~..C"~"..~r~.,.~.. ......... -....' ...... 19 LINDA F. KOWALSKI ~ . j~ ~ ~ ' /;OTARY PUBLIC, St;re ~:f r4ew York Commission Expir~ March 30, 1~ I~IOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of Kimon & Woodene Retzos to the Board of Appeals of the Town of Southold 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Variance due to lack of access. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: e/s Rocky Point Road. East Marion~ New York SCM # 1000-031-02-10 3. That the property which is the subject of such Petition is located in the following zoning district: A-1 Ret~identis1 4. That by such Petition, the undersigned will request the following relief: Approval of access 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section IX] 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 ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such. hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 26, 1985 Robert W. Gillispie~ III as agent Petitioner Kimon & Woodene Owners'Names: Retzos Post Office Address ~ The North Fork A~enc.v P.O. Box 1112 $outhold, New York 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS L~ I ~ I°- I°- ~g6~.'qe::l O0~C ,Hog Sd ) ., cERTIFIED MAIL . ,NGGRANCE COVERAGE PROVIOED NOT FOR iNTERNATIONAL MAIL (See Reverse) eet and No. p 565 487 489 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR iNTERNATIONAL MAIL (See Reverse) ~86~ 'qed 'OOB£ wJo-I Sd I 1985 STATE OF NEW YORK ) COUNTY OF SUFFOLK) being duly sworn, depos , (c~(registered) mail. of ~-P_~3¢~.~o.~.~ , 19 ~ , deponent mailed a true copy verse side hereof, directed to each of the above-named persons at the address~ 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 Southotd; that said Notices were mailed at the United States Post Of- fice at ~C)L.~"~'~ 0 ~C~ ' ; that said Notices were mailed to each of said persons by LINDA F. KOWALSK! NOTARy PUBLIC, State of New Yott No. 52-4524771 Sworn to before me this C2~"~~'j~ dayof ~..~_~l%£~LCtV~ ,19 ~' Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall ,~;=uthold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY BLDG. DEPT. TOWN OF SOUTHOL D Instructions A. This application must be filled in typewriter OR ink, and submitted, ia:~q~l~to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board app,'oval of completed site plan requirements where applicable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or sefew inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 / 2. Certificate of occupancy on pre-existing dwelling/ land use 3. Copy of certificate of occupancy $1.00 --Fre-Existing C.O. $15.00 Vacant land C.O. $ 5.00 New Building ............. Old or Pre-existing Building ............ Vacant Land ............. Location of Property ................................................................... House No. Street Ham/et Owner or Owners of Pro~ert~ ......................................................... CounW Tax Map No. 1000 Section .... :~.1 ........ ~iock ...... % ....... Lot ..... /.9 ........ Subd,~,~,on' ~.~X,~a~*l~q~ . ....... HbO ~ap ~o.~Xx~.~< ..... tot ~ ~ ~ Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted $.. ~.,..0.O. ..................... Construction on above described buildin§ and permit meets all.~pplicabl~ codes and regulations. Applicant...~...-~. ~..~....~.~.~.'../.¢~ ................. ...,a.,o-,. ' " 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 Stony 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. Waterfront without bulkheading [ ] 2. i ] 3. I I 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 [ ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. ! ] IXl 6. This proposed addition/expans~ of an existing building will NOT be area. 7. None of the above represent[r~, Kimon & Woodene Retzos 2-25-~5 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 photograpl~s of tile 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 applicationls}. The ;;.Y.S. [.qv,ronmen(al Quati:.y ;<cvi,:w /..cf, requ~re.s sub- mission of this rm, arid an environ~en[d view will be made by this b before any action is t SHORT m' ~' -N II1'{0, ,,ENL'IL ASSESEM~;fT F99J~ 'LISTR UCT~C~ S t (a) In order to answer the questions in this short EAF is is assumed that the preparer will use c,.'rren~ly available lnform~tion concernin~ the ~roJ~ct and t~ l~ely ~cts of the ~c~io~. or o~her lnvesti~sticns w~ be ~derta~en. ~b) I~ ~ny que~tio~ has completed Enviro~m~ntal Assessment ~o~ Is necessary'. (c) If ~li questions have bee~ answered nc~ ~i~nificant. (d) ~vircr~en~al Assessment 1. W~l project reset to the project site or physically alter more 2. Will there be a major change to any unique or unusual land form found on the site? · . . , . 3. Will project alter or have a large effect on an existing body of water? · , · , , · · · , · Will project have a potentially large impac~ on groundwater quality? Will project significantly effect draknage fl~w 6. Will project affect any threatened or endangered plant or an~rzl species? · , . o o , · , , · · 7. Will project result in a major adverse effect on air quality? , , , , , , , · , · · · Will project have a m~Jor effect on visual char- acter of the co~munity or scenic views or vistas knawn to be important to the com.~unity? , · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmen~l area by a local agency? · · · 10. Will project have a major effect on existing or future recreational opportunities? · · · 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 as a result of the project's operation? . 13. Will project have any impact on public health or sa£ety? · , , , · · · · , · , lA. Will project Affect the existing community by directly cauein~ a ~rowth xn permanent popula- tion of more t~an 5 percent over a one--year period or have a major negative effect on the charac%~-~ of the com.~unity cr neA~nborhooo?. , 15. Is there~~t~.~ e~ncern~,~he project? PREP~RER'$ ~ ' Yes ~ No Yes, ~, No Yes ~ No Yes ~ No Yes X No , Yes ~ No ¥~a X No Yes X No Yes ._X__ No Yes X No Yes X NO Yes X Yes X No Yes X ~o Yes X No TITLE: AS 8~en% OATS: 2-25-8~ Southold Town Planning Board - 4 May 30, 1973 prejudicing anybody, after the effective date of the new amendments we will take action. The Planning Board is simply advising at this time. Mr. Bruer said his clients appreciate the Board doing this, but he must express the wishes of Mr. Donovan and request that the Board proceed now in the normal course. Mr. Wickham said the Board will take no action tonight except to notify you. Mr. Bruer said he knows of no future action his clients intend to take except that they do desire a determination, and that whatever recommendation is made that it be in writing. Mr. Raynor told Mr. Bruer that the Board is going to have the Town Engineer, Mr. Bage, look at the maps and ask his opinion. Mr. Bruer said there is no objection to that. Mr. Bruer said he thought as a matter of law the old Ordinance would be in effect but he did not know. The Chairman said a letter would be sen~, but that the Planning Board has no authority to approve anything other that what is in force at the time of the final hearing. Mr. Bruer~also submitted to the Board maps for the minor subdivision of Kimon Retzos, approved by the Health Department. On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the minor subdivision map for Kimon Retzos at East Marion be approved and the Chairman is authorized to sign the map. Vote of the Board: Ayes: Messrs. Moisa, Coyle, Grebe, Raynor, Wickham. The secretary to Mr. Harold Reese appeared before the Board on his behalf in regard to Harbor Lights Subdivision. Mr. Wickham read the two letters received from Mr. Reese dated May 21, 1973, in regard to Harbor Lights Sections 1, 2, 3, 4 and 5. Mr. Wickham asked Mr. Reese's secretary to inform him that as late as today the Town Attorney has said that irregardless of preliminary approval a developer must meet the Zoning Ordinance as amended at the time of the final hearing. Sections 4 and 5 will have to come to one acre zoning. The Planning Board has no authority to do otherwise. The Board would like Mr. Reese to come before the Board and discuss this. The Board would suggest that he