Loading...
HomeMy WebLinkAbout3402Southold Town Board of Appeals MAIN ROi~/i~D- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj171 '"~'",' r"~,~ '~ "' ?" ' TELEPHONE (516) 76§-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3402 Application Dated TO: Abigail A. September lO, 1985 Wickham, Esq. as Attorney for EMILIA T. PIKE Wickham, Wickham & Bressler, P.C. Main Road - Box 1424 Mattituck, NY 11952 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 12, 1985, 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 [ X ] Request Article , Section for Variance to the Zoning Ordinance III , Section ]00-3], Bulk and Parkin9 Schedule [ ] Request for Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main Road, Mat- tituck, NY; County Tax Map District 1000, Section t40, Block 3, Lot 26. WHEREAS, a public hearing was held and concluded on 1985 concerning the Matter of the Application of EMILIA T. Appeal No. 3402 dated September 10, 1985; and December 12, PIKE under WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in the Residential and Agricultural Zoning District, is situated at the north side of the Main Road (S.R. 25), Mattituck, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 03, Lot 26. 2. The subject premises consists of a total area of 90,382 sq. ft. with a total frontage along the Main Road of 311.05 feet and average depth of 290.52 feet. 3. By this application, appellant proposes a set-off division of land for proposed Parcel No. 1 of 40,000 sq. ft. in area and 100.t2 ft. frontage along the Main Road, from Parcel No. 2 of 50,382 sq. ft. in area, 210.93 ft. frontage along the Main Road and 307.71 ft. in width along the northerly (rear) property line. (CONTINUED ON PAGE TWO) DATED: December 17, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3402 Matter of EMILtA T. PIKE Decision Rendered December 12, 1985 4. Parcel No. 1 is vacant, and Parcel No. 2 is improved with a single-family two-story frame house and small accessory storage shed located in the rearyard area. 5. Reference is made for the record of the application made January 28, 1985, and decision rendered May 2, 1985 by this Board under Appeal No. 3327, denying the relief as requested for an area of 29,921 and 60,461 sq. ft., and 100.12 ft. lot width as applied. 6. In viewing the immediate area, the board finds that the area and lot width of the lots as proposed herein are consis- tent with those existing generally in the immediate neighborhood. In considering this appeal, the board finds: (a) that the relief as requested is consistent with other lots generally' existing in the neighborhood and therefore will not be a substan- tial change in the character of the district; (b) that the circumstances of this appeal are unique; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the variance will be in harmony with and promote the general purposes of zoning; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3402 in the Matter of the Application of EMILIA T. PIKE for insuffi- cient lot area of Parcel #1 of 40,000 sq. ft. and of Parcel #2 of 50,382 sq. ft. and insufficient lot width (frontage) of Parcel #1 of 100.12 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That no accessory buildings as may be proposed in the future shall be constructed in the side or front yard areas at any time; 3. set-offs. That there be That there be no further lot area or width reductions; no further divisions of land or Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dougl'ass and Sawicki. (Member Doyen of Fishers Island was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. lk P. GOEH~RINGER/~HA I RMAN December 17, 1985 ,/ AND BY Town Clerk, To'~m of Scuthold 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 ~OWN BOARD OF APPEALS. at the Southol.d Town Hall, Main Road, ~Southold, NY at. a Regular Meeting commencing at 7:30 p.m. on THURSDAY~'DECEMBER'12~ 1985, a~nd as follows: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Main Road, East Marion,--NY for a Variance to the Zoning Ordin~ance, Article III, Section-100-32, for permission to locate accessory stora-ge shed in an ar.ea-other than the required rearyard at premi.ses known as 12960 Main Road, East Marion, NY; · County Tax Map District 1000,- Section 31, Block 14, Lot 10. 7:40 p.m. Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a V.ari.ance-to the Zon-ing Ordinance,~ Article III, Section 100~31, Bulk and Parking Schedule, for approval of insufficient area ef pr'oposed ~arcels 1 and ~2 and insufficient frontage (lot width) of Parcel 1~ in thi~ proposed division of land located at the north side of Main Road, Mattitu~k, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARY TYLER, '625 Marratooka Road, Matt.ituck~ NY for a Special Exception to .the Zoning Ordinance, Article VI~, Section 100-70(B)[4] for permission to establish and build public garage at premises known as 6795 Main Road, Laurel~ ~NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000~ Section 125, Block 1, Lot 19.6. 7:50 p.m. ApplicatiOn of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100~.31~ Bulk Schedule, for approval of th~ construction of greenhouse addition with an insufficient setback from the south(easterly) side line at ~ot less than 16 feet, and With insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax. Map District 1000, Section 125, Block l, Lot 2.018. Page 2 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals 7:55 p.m, Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area of four proposed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20± acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau Avenue, Southold, NY for a Variance to the Zoning Ordi- nance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming two-family dwelling use at 2030 Boisseau Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING by Eastern Windpower Inc., Osborne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-30(C) for permission to erect a wind tower exceeding 18 feetiin height fo~ the purposes of producing electricity, at -premises known-as-35675-Route 25, Or-ient, NY; ~County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix, 208 Fifth Avenue, New York, NY lO010, for a Variance to' the Zoning Ordinance, Article XI, Sections 'lO0-ii8(E) and 100-119.2, for: (a) permission to renovate and expand ~existing nonconforming cabin [guest cottage without sleeping facilities] exceeding 50%-of value and square footage- of same as exists; (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, at premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section 11~ Block 01, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Matti- tuck, NY for a Variance to the Zoning Ordinance, Ar%icle VII, Page 3 Legal Notice of Hearings Regular Meeting of December 12, 1985 Southold Town Board of Appeals Section lO0-71, for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property a~uttihg th6 Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County Ta× Map District 1000, Section 143, Block 3, Lot 1. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hear- ing in question. For more information, please call 765-1809 (alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN B.OARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to Newspapers: Please publish once, to wit: thursday, December 5th, 1985, and forward nine affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Ro~d, Southold, NY 11971, on or before December 10th. Copies to the following on or about 12/2/85: Suffolk Times L.I..TraVeler-Watchman Town Clerk Bulletin Board Mr. and Mrs. Edward Burton Abigail Wickham, Esq. for Pike and LI Shores -Mr. and Mrs. James Tyler Mr. and Mrs. Howard Dillingham Mr. and Mrs. Stamatios Rapanakis Eastern Windpower Inc. for Fleming Mr. J. Douglas Peix for Dessimoz and Racz Mr. Robert A. Celic Edward J. Boyd V~ Esq. (Re: Rapanakis) ZBA Members ZBA IndividUal Files Town Board TOWN OF SOUTHOLD BUILDING DEPARTMENT TOtCN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL 19 . .%~.~.~. !5.~5 ..................... Location of Property ......... ~..~ .~.. ~. P..~..~. Co.nt~ ~ ~p ~o. mOO S~t~o~ ... Subdivision ................. Filed Map No ................. Lot No. is returned nerew,th and disapproved on the following grounds. ~.~, . ~L.~ .~..~... ........... , .......... ~~. ~.. ~~.,~. ~~ Building Inspector RV i/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i, (~)~:: ....:~mil.:L~...T.,...~.ik.~ ............................ of .......... ~,~-l..~.~ ............................................ Nome of Appeik~nt Street and Number ...... ..~..~..~.~.t.~.qk., ............................................................... Ne~..Y~r~, ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECIStON OF THE BUILDING iNSPECTOR ON APPLICATION FOR PERMIT NO.....b.y....,1...e.~..t..e..r. ............ DATED ..... .J.%i~-.y.Z.3.%.,...%.9.8.5, ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Emilia T. Pike Nome of Applicant for permit af ...... .M,..a..i.n.....R..O..q..4, ....................... Mat.ti~.uck. ............hIY ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DIVIDE 1. LOCATION OF THE PROPERTY ..N./...S.....~.~..~..a..i..n....R.9..a...d:~.....~..a..~..i.~.u`..c.`k..'.~..N...Y.~.'.'..A..~.'....A.g.r.~ltural & Street Use District on Zoning Map 1000~140~3-26 Residential Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article III, Section 100~3t Bulk & Parking 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 (has) ~.~[~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....'...3..3...2..7. .................. Dated ....M...a.Y..i.8..,....1...9..8..5.. ........................................ ( ) (X) ( ) is requested for the reason that parcels. REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance I would, like to divide the premises into two (Continue on other Side) REASON FOR APPEA~_ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pracdcatdifficuJd~ orunneces- sort HARDSHiP because my property now consists of 90,382 square feet. This is a large area in relation to the adjoining and neighboring parcels~ It is increasingly difficult to maintain properly this large area, and I would like to cut do~m on the size of the property that I will have to continue to maintain. 2. The hordshJpcreotedis UNIQUE and isnotshored by ali properties o[ike in the immediate vicinity ofthisprope~y ondinthisuse districtbecouse the adjoining and neighboring properties are all under one acre each, and if this application is approved, I will have two ~ots, one approximately 40,000 square feet and one approximately 50',382 square feet. 3. The Verionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because one lot would compare with adjoining properties, and I would still have a large lot of 50,382 square feet. ) ss COUNTY OF SUFFOLK) 31gnature EMILIA T. PZKE Sworn to this .................................. de'/ of .......... $ep.gambe.rw ...................... i9 85 ......... .... Note r.y~P~b Li~.~ No. 2~478B~I ~OuaFf~eo ~ K~ncs Cou~ O~]~o~ ~lres Ma~ch 30, 7 " lApp $outhold Town Board o eals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD p. GOERRINGFR, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R, SAWlCKI March 6, 1987 Mr. Richard G. Endris P.O. Box 508 Greenport, NY 11944 Re: Your Letter Requesting Reconsideration Appeal No. 3402 Emilia Pike Decision Rendered by ZBA 12/12/85 Dear Mr. Endris: Your letter dated February 23, 1987 was our office and reviewed by the Board members meeting last evening. received by at our Please be advised that without a formal application, after proper notices, etc., the Board is without authority to reconsider, amend, modify, deny, change, approve, rescind, withdraw, or take any other action concerning a decision previously rendered. Substantial new evidence must be presented in your application to reopen the case, and New York Town Law, Section 267 indicates that an unanimous vote of the board members must be adopted before a rehearing is held. We have enclosed a set of forms in the event you decide to formally apply for reconsideration of the Pike variance. Also enclosed are copies of the October 8, 1986 resolution of the Planning Board concerning the subdivision and our conditional action taken December 12, 1985. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosures 18 February 1987 Suffolk County Health Department Division of Environmental Health Health Services Administration Building 225 Rabro Drive East Hauppauge, N.Y. 11787 Dear Sirs: My wife and I own property (Suffolk County Tax Map Number: 140-3-22) which is adjacent to the property of Emilia T. Pike on Main Road, Mattituck, N.Y. 11952. The Southold Town Zoning Board of Appeals has recently approved the subdivision of the Pike property. This would permit the diPision of a 60,461 sq. ft. lot so that another house could be built on less than ~ acre of that property. The question of adequate sewage disposal and water supply for a residence in an already high density area is of extreme concern. An argument might be presented that the division of this property could not be denied because it is surrounded by existing residences with ~ acre lots. However, this argument falls pale when one considers the other existing structures in the area. Within 500 yards of this proposed subdivision are the following: 1. the Mattituck High School 2. the Roman Catholic Church 3. a funeral home 4. the Mattituck Public Library 5. a physicians office 6. a lumber yard 7. two restaurants 8. 16 private residences 9. three retail businesses We have extremely serious reservations about the effect of further increases in population density in this already-dense area on the quality and quantity of potable water and the effect of more sewage drainage fields on those supplies. Please register this letter as an objection when you consider the water and sewage plans for this property subdivision. We request that you consider the existing population density in the area of the proposed subdivision and reject the division of the ~lnilia T. Pike property on that basis. Sincerely, Richard and Theresa Endris Mailing: P.O. Box 508 Greenport, N.Y. 11944 Residence: 2000 Pike St. Mattituck, N.Y. 11952 cc: Southold Town Board Southold Town Zoning Board of Appeals Southold Town Planning Board Southold, N.Y. 11971 (516) 765-1938 October 8, 1986 Mr. Daniel C. Ross Wickham, Wickham, and Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Application of Emilia Pike Dear Mr.~Ross: The following actions were taken by the Southold Town Planning Board, Monday, October 6, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the set-off of Emilia Pike located at Main Road, Mattituck. An initial determination of non-significance has been made. Tax map no. 1000-140-3-26. RESOLVED that the Southold Town Planning Board approve the set-off of Emilia Pike to set off 40,000 square feet from 90,382 square feet located at Main Road, Mattituck. Survey dated as amended July 22, 1985. Subject to: 1. Article 6 approval pursuant to the Suffolk County Department of Health Services. 2. Review and consideration of comments from the Suffolk County Planning Commission. Would you please forward six (6) surveys in accordance with the enclosed list for our referral to the County. Upon receipt of notice of completion of conditions 1 and 2, the Chairman will endorse the surveys. If you have any questions, please don't hesitate to contact our office. Mr. Daniel C. Ross Page 2 Oct. 8, 1986 Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary Southold Town Board of Appeals -2- December 12, 1985 Regular Meeting (Appeal No. 3423 EDWARD AND NORMA BURTON, hearing continued:) CHAIRMAN (continued): members? (None). Hearing no further questions, I'll make a motion closin9 the hearing and reserving decision until the 15-day (environ- mental) period is up. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close (conclude) the hearing reserving decision until a later date (pending the 15-day environmental-review period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member. Doyen was absent due to illness.) This resolu- tion was adopted by unanimous vote of the four members present. PUBLIC HEARING: Appeal No. 3402. 7:40 p.m. Public Hearing was held in the Matter of EMILIA PIKE. Variance for approval of insuffi- cient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel #1 in this pending set-off division of land located at the north side of Main Road, Mattituck. The Chairman read the legal notice of hearing and appeal applica- tion for the record. CHAIRMAN GOEHRINGER: I have a survey dated July 22, 1985 indicating the house lot of 50,382 sq. ft. and the vacant lot of 40,000 sq. ft. And I have a copy of the Suffolk County Tax Map indicatng this and surrounding properties in the area. Miss Wickham, would you like to be heard? Your timing is impeccable. ABIGAIL WICKHAM, ESQ.: I would like to say first of all or by way of introduction that this is the largest lot by far in the entire neighborhood. There are two types of hardship and practical difficulty involved here. First is the size of the lot and the second is where it should be divided. As for the size, it's over 90,000 sq. ft. The others in the neighborhood are much smaller. For most cases less than half the size. On the west along the Main Road, you have widths of 67 feet, 75 feet, 100 feet, and ll2 feet. On the east, you hav~a 100' lot containing about a quarter of an acre. All of the lots behind the property on Pike Street are about 100 feet wide and are 25 to 30,000 sq. ft. in area. The house here is on the east side, Southold Town Board of Appeals -3- December 12, 1985 Regular Meeting (Appeal No. 2402 - EMILIA PIKE, hearing, continued:) MISS WICKHAM (continued): not in the middle, so it lends itself to a division just by its physical location. I have two things that I would like to give to you tonight. One is a copy of the Tax Map which shows the size and the location of this lot in relation to the others surrounding it for the record and the width of those surrounding lots, and also I have a letter from Brent Bookmiller who is a licensed real estate broker indicating that he has examined the property, and that the market value differential for this property between it being subdivided and it not being subdivided is approxi- mately $25,000, so you do have a very serious hardship there. As to where to div.ide the property, the crucial issue here is that there is a driveway that is located right in the middle of the property where you might otherwise want to put the line. And therefore you either got to move the driveway, which is a blacktop driveway and has a big tree in its vicinity, or create easements which have liability and other legal problems. The proposed 100' width is exactly the same or larger than all of these surrounding lots to the west, and the lot to the east, and the lots behind to the north. I also ought to mention that the proposed master plan designates this area as an RO zone, which would permit a 40,000 sq. ft. lot; and we have revised this application from the prior one in order to meet that acreage. I'd also like to mention--make reference to the Planning Board letter commenting on the proposal. I question their jurisdiction to advise on variances because the Planning Board is empowered only to make decisions as the property relates to code compliance and to elements as they comply to the code. It is your jurisdiction to grant variances. They do recommend--I find it odd--a nonconforming lot size, about 37,000 sq. ft., which they are without power to do, and they also recommend 125 feet which runs into the driveway problem we mentioned before, and also is inconsistent with all of the lots next door. Certainly to divide it by 100 feet is not out of keeping at all with the rest of the neighborhood and it is a unique situation because of the size of the lot. I'd like to give you this tax map and the letter from the broker. CHAIRMAN: Thank you. Can I ask you just two questions while you're up there? Is the intended use of this property residential? ~ MISS WICKHAM: Yes. Southold Town Board of Appeals -4- December 12, 1985 Regular Meeting (Appeal No. 3402 - EMILIA PIKE, hearing, continued:) CHAIRMAN: These applicants have any objection to a restriction placed on the property that there be no further sideyard variances? In other words, are they building to the rear of the property, or are they building to the other side? MISS WICKHAM: I don't think I can answer where it would be built, but I don't want to say "no," but I think a sideyard variance ought to be a question of your determination. Further on. I don't know if any of the other houses along there have sideyard variances. Probably not. CHAIRMAN: We haven't seen any. MISS WICKHAM: They may be preexisting. CHAIRMAN: Yes. MISS WICKHAM: I'd prefer not. I request that that rather be considered by the board in the future on the basis of the hardship existing then. CHAIRMAN: Ok. MISS WICKHAM: Thank you. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Mr. Greaves? ROBERT GREAVES: I'm the one that's planning on buying the lot and building a house there. CHAIRMAN: Can you give us some indication on the size of the house in reference to total length across the front? MR. GREAVES: Yes, I have it right here. It'll give you some sort of an idea of what I would like to build. It wouldn't be any bigger than that. CHAIRMAN: So it's 36' plus 12 plus ll, 62 feet, roughly. Ok good. Thank you very much. Would anybody else like to see this? (No one). Anybody else like to speak in behalf? Yes, Mrs. Bopp. MARION BOPP: I'm Marion Bopp and I'm one of the adjoining ~ property owners on the east, and I know the concern that Mrs. Pike Southold Town Board of Appeals -5- December 12, 1985 Regular Meeting (Appeal No. 3402 EMILIA PIKE, hearing, continued:) MRS. BOPP (continued): has had for many years in taking care of this big piece of property, and I also know of the proposed sale that she wants to give to Mr. Greaves if you're willing to approve of it. I have lived in the area for more than 20 years with my family, and it has been a concern of ours as to what would happen if Mrs. Pike died and what would happen to this property. I have known Mr. Greaves who lives just three doors away. I know the care he has given to his mother's home while he lived there. And I feel that the lot he plans to build on is conforming with the size of the lots in the rest of the area. I myself, I know this is strictly cosmetic, but as a property owner I would consider it an asset if Mr. Greaves lived there and put up a home. I would definitely like to ay. they are very good neighbors. CHAIRMAN: Thank you very much. That's very nice of you to say that. Would anybody else like to speak in favor? Anybody like to speak against? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing reserving decision until later in the Matter of Appeal No. 3402 EMILIA PIKE. Vote of the Board: Ayes: All. (Member Doyen was absent.) 7:45 p.m. PUBLIC HEARING: Appeal No. 3400. Public Hearing was held in the Matter of JAMES AND MARY TYLER. Special Exception for public garage for vehicle repairs. N/s Main Road, Laurel. The Chairman read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated February 10, 1985 indicating a proposed garage of 48' by 75', approximately two-thirds into the property, a sideyard of 25 feet on the west side, with no specific sideyard given on the east side. And I have a copy of the Suffolk~ County Tax Map indicating this and surrounding properties in the area. Mr. Raynor, are you going to be heard on this one? HENRY RAYNOR: Yes, Mr. Chairman, I would like to speak in favor of the proposed Special Exception before the board tonight. As you're aware,.we submitted the site plan to the Planning Board and are over WICKHANI, WICKHANI & BRESSLER, P.c. HAIN ROAD. P.Q BOX 1424 April 1, 1986 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Application of Emilia Pike Gentlemen: This is the third instance with this office in which you have attempted to overthrow the findings and decision of the Zoning Board of Appeals. In the first instance, the application of William Nedoszytko, we gave you a citation, and your Town Counsel has also stated that he has advised you against such a practice. It is the opinion of the members of this firm that our first application was the most reasonable and practical. It conformed to the lots to the West and North and also maintained the integrity of Mrs. Pike's property including the frontage. A common driveway is unacceptable since it is a constant irrita- tion to the neighbors. We certainly trust that you will revoke your resolution of March 24, 1986 at your next meeting so that you will not force us to take an Article 78 proceeding. Very cordially yours, William Wickham WW:emu cc: Zoning Board of Appeals Robert W. Task~, Esq. COUNTY OFSUFFOLK Department of Plannin$ 360-5206 Town of Southold Board of Appeals December 26, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Plannin$ Co~{ssion are considered to be a matter for local determina- tion. A decision of local determ/nati~t should no~ be construed as either an approval or a disapproval. Applicant(s) w,,-{cipal File Number(s) ~EUth Bohn milia T. Pike 3373 3402 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board o£ Appeals MAIN Et-lAD- STATE RnAD 25 SmlITH{3LD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARDP. GOEHRINGER, CHAIRMAN CHARLES ORIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG~SS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk'County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X× Variance from the Zoning Code, Article III, Section ]00-3], ~Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section -- Special Permit Bulk Appeal No.: 3402' Applicant: EMILIA T. Location of Affected Land: N/$ Main Road, County Tax Map Item No.: 1000- ]40-03-26. Within 500 feet of: -- Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX 'State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land PIKE Mattituck Thruway $.R. 25 State or Federally- __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant ~xgg~9~gx~9~9~x~ was grant¢~ approval of insufficient area and width as per the attached findings and determination. Copies of Town file and related documents enclosed herewith for your review. Dated: December 18, 1985.- Secretary. Board of AoDeals MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- S'TATE ROAD 25 SrlUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 December 18, 1985 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3402 Emilia T. Pike (Variance) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may bE applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEtIRINGER Linda F. Kowalski Secretary Commission Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD December 1 ~ 1985 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLAS$ NEGAT1VE ENVIRONMENTAL DI;CLARATION JOSEPH H. SAWlCKI Notice of Determination of No -SiqnifJcance d ..k{] NO.: 3402 PROJECT NAME: Emilia Pike This not[ce is .issued pursuant to Part 617 {~[' thc implementing regulations pertaining to Article 8 of tile N.Y.S. Environmental Quality Review Act of tile Environmental Conservation Law and Local l,aw ~44-4 of the Town of Soulhold. This board determines [_he within project act to []ave a signJfi- cunt. adverse effect on the environment fo~ the r-~'asons indicated low. Please take further notice; that this declaraf_ion should not be (i<)l]r+~i4J{!¥ed a dctornlJnation made for any o[bct' department or agency whl<:h m,~y also have an appl.icatJon pendinU for thc same o~ simJl;]r TYPE OF ACTION: ~ Type ti [ ] Unlisted [ ] DESCI~IPTION OF' ACTION: permission to divide property into two lots resulting in insufficient total area and width. I,()CA'PION OF PROJF, CT: Town of Southo[d, County (Jr Sbffolk, more },,~ ~ ],'u]auly knowu as: N/S Main Road, Mattituck, NY 1000-140-3-26 REASON(S) SUPPORTING TtIIS DETERHIi'IATION: ';U}~l[~Jtt~d which indicates that no :3~pnifi(:ant fldvor~;(: Offt)cts tO ci,vir, onmcnt arc likely to occur z4hc, u]d this pl;()j(zct be implc- t ~d ag planned; (2) ~is is a lot-line variance not directly related to new contt~uction. (3) The property in ~estion is not located within 300 feet of tidal ~tlands or other critical enviro~ental area. ~'()R FURTI1ER INFOR~TION, PI,EASE CONTACT: Linda Kowulski, Secretary, ~,~u[hold Town Board of Appeals, Town I{all~ Southold, NY 11971; t~4. 516- '~65-1a09 or 1802. Copies of this notice sent to the applicant or his agent and posted t]l© Town C]{3rk Ill]Oki. il B,w~rd. br MEMBER OF EASTERN SUFFOLK BOARD OF REALTORS, INC BOOKMILLER REAL ESTATE, ,.c. Personal Friendly Service Otto F. Bookmiller, Licensed Real Estate Broker P.O. Box ~o32, Route #95 & Tuthills Lane, Jamesport, N.Y. 11947 (516) 722-4423 December 12, 1985 In The Matter Of The MINOR SUBDIVISION APPLICATION For EMILIA T. PIKE, Real Property situated at the north side of Route 25, Mattituck, County of Suf- folk, State of New York. Brent R. Bookmiller, Real Estate Broker's License #780833, first being duly sworn, deposes and says: THAT he resides at 4425 Peconic Bay Blvd., Laurel, County of Suffolk, State of New York. THAT he is a duly licensed Real Estate Broker, with offices at Main Road, Jamesport, County of Suffolk, State of New York and that he has been actively engaged in the Real Estate Brokerage business for twelve years and has acted as Broker in the sale of large quantities of Real Property in and about the vicinity hereinafter referred to. DEPONENT further states that he is well acquainted with the values of Real Property in and about Suffolk County and especially in the immediate area of the property hereinafter mentioned. DEPONENT further states that on December 12, 1985 at the request of Gail Wickham, Esq., Attorney for Ms. Pike, he made a personal in- spection of the Real Property known as Section 140, Block 3, Lot 26 in District 1000 on the Suffolk County Tax Map. In the opinion of this Deponent, the proposed subdivision would have no adverse effect on the values of the surrounding properties. The proposed lot sizes of 40,000 sq. ft. and 50,382 sq. ft. are consist- ent with the existing property sizes in the area. The market value differential of the existing property and the pro- posed subdivision is approximately TWENTY FIVE THOUSAND DOLLARS, ($25,0OO.OO) REMARKS: Deponent states that neither his employment to make this appraisal, nor the compensation derived therefrom is contingent upon the amount of value reported. ~. ~~. BRENT ~. BOOKMILLER LICENSED REAL ESTATE BROKER BRB/caz cc: File 1Encl: Survey RESALES * * * * * APPRAISALS FARMS ACREAGE WATERFRONT LOTS t /~. !o [I I SEP 6 i98S ~;'IINOF4- %UBD 01,4 MA_P OF' PD. OPE~TY PlAT,TI ,-r'uc -..! ( MAP OF PI4OPEI?..T'," EMIL!A T. DII~E. Southold, N.Y. 11971 (516) 765-1938 October 23, 1985 Mr. Daniel Ross Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck,NY 11952 Re: Emilia T. Pike Dear Mr. Ross: The following action was taken by the Southold Town Planning Board, Monday, October 21, 1985. RESOLVED that the Southold Town Planning Board ~ the ~_ollowinq recommendations to the Board of Appeals for Emilia T. Pike: That the l__ayout be r~-drawn as indicated on the enc.losgd s~ketchm~. This would provide for lot no. 1 to have o~ approximatl~ 125' and an ar a f a roximately 37f. 9~q~;s~uar_~e If you have any questions, please don't hesitate to contact our office. Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary Southold Town Board of Appeals MAIN RI'lAD- -ClTATE RDAD 25 SDUTHI3LD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWlCKI September 18, 1985 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appeal No. 3402 Emilia T. Pike Dear Gail: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals.will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [ X ] Planning Board [ ] N.Y.S.D.E.C. [ ] Town Trustees in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hea~ ing date. If the above document(s) are submitted by October 8th,(lO a.m.) it is expected that the public hearing would be held about the latter part of October. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN . / WILLIAM WICKHAM Daniel C. Ross LAW OFFICES WICK, HAM, WICKHAM & BRESSLER, MAIN ROAD, PO BOX mATtlTUCK LONG ISLAND NEW YORK It952 516-298-8353 September 6, 1985 Southold Town Board of Appeals Town Hall - Main Road Southold, NY 11971 Gentlemen: Re: Application of Emilia T. Pike /e~u encls. Enclosed are the following in connection with the above application: 1. Application, in triplicate; 2. Notice of Disapproval from the Building Inspector; 3. Short Environmental Assessment Form; 4. Wetlands letter/questionnaire; 5. Original Notice to Adjoining Owners with Affidavit of Service thereon; 6. Five prints of the survey; 7. Check in the sum of $75.00, representing the application fee. If any further information is required, please contact us as soon as possible. V~ yours, Daniel C. Ross JUDITH T. TERRY TOWN CLERK OFFICE OFTHETOWNCLERK TOWN OFSOUTHOLD September 10, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3402 application of Emilia T. Pike for a variance, submitted by Daniel C. Ross of Wickham, Wickham, and Bressler. Included are accompanying papers as outlined in the letter of transmii, tal from Daniel C. Ross, dated Sept ember 6, 1985. ~~~~ Judith T. Terry Southold Town Clerk Z 5C,,"~L E'-4(2', ' iVllNlOr~ SUB~Di'v'!5! Ol"~ Iv'lAP C4-: PI~OPEI-~T"f EMil AT ,.TeV,/~ OF ,300.'FHOk~:....,, N._Y. the ZONING BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to S~ction 267 of the Town Law and the Code o[~he Town of Southuld, the following public he, tings will be held by the SOUTH. OLD TOWN BOARD OF AP- PEALS at the Southuld Town Hall, Main Road, Sonthold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY~ DECEMBER 12, 1985, and as follows: 7:35 p.m. Application of EDWARD AND NORMA BURTON, 12960 Ivla'm Road, East Marion, NY for a Vari. ance to the Zoning Ordinance, Article I]I, .Section 100- 32, for permissioh to locate acces- sory storage shed in an area other than the required rear- yard at premises known as 12960 Main Road, East Mar- ion, NY; County Tax Map District 1000, Section 31, Block 14, Lot 10. 7:40 p.m. APPlication for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Art- icle HI, Section 100-3l, Bulk and Parking Schedule, for ap- proval of insufficient area of proposed Parcels I and 2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land loca- ted at the north side of Main Road, Mnttituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. 7:45 p.m. Application of JAMES AND MARY TYLER, 625 Marrntookn Road, Metti- tuck, NY for a Special Eacep- tion to the Zoning Ordinance, Article'~ll, Section 100-70(B) [4] for permission to establish and build public garage at premises known as 6795 Main Road, Laurel, NY; Mettituck Holding Co. Minor Subdivis- ion Lot #3, County Tax Map District 1000, SeXton 125, Block l. Lot 19.6. 7:50 p.m. Application of HOWARD AND BARBARA DILLINGHAM, P.O. Box 488, Southold, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of the construction of greenhouse ad. dition with un insufficient set- back from the south (easterly) side line at not less than 16 feet, and with insufficient total sideyards at not lass than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7880, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. 7:55 p.m. Application for LONG ISLAND SHORES, INC. 6 8 4 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordin- ance, Article IH, Section 100. 31, Buld Schedule, for approv- al of insufficient area of four proposed parcels and insuffic- ient lot widty of two proposed parcels in this pending divis- ion of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20~ acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boissean Avenue, Southold, NY for a Variance to the zoning Ordin- ance, Article Xl, Section 100- lIS(D) for permission to rein- state nonconforming two-fam- ily dwelling use at 2030 Bois- sean Avenue, Southold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for PAUL AND MARY FLEMING' by Eastern Windpower, Inc., Osborne Avenue, Baiting Hol- low, NY 11933, for a Variance to the Zoning Ordinance, Arti- cle III, Section 100-32 and Section 100-30(C) for permis- sion to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District 1000, Section 19, Block 2, Lot 10. 8:15 p.m. Application for GAlL DESSIMOZ AND MICH- AEL RACZ by & Douulas 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 of~-,~<~':(i<~.,~.~..., 19. ?.;i.. Sworn to before me this ........... : ......... day of ,19. :.. ............... ~. ~..~.~ ............ Notary Public BARBARA FORBES Notary }'ublic, State of New York No. Qual;fied in Suffolk County Commission Expires March ~0, 19 : 24 The Su* lk Times December 5, 1985 Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, DECEMBER 12, 1985, and as follows: 7:35 p.m. Application of ED- WARD AND NORMA BUR- TON, 12960 Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, '~ction 100-32, for permission to ~te accessory storage shed in "ea other than the required ~d at premises known as . 12960 Main Road, East Marion, NY; County Tax Map District 1000, Section 31, Block 14, Lot :~:40 p.m. Application for gMILIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels I and 2 and insufficient lfrontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. ~.7:45 p.m. Application of J~MES AND MARY TYLER, 625 Marratooka Road, Mat- tituck, NY for a Special Excep- tion to the Zoning Ordinance, Ar- ticle VII, Section 100-70(B)[4] for permission to establish and build public garage at premises known as 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3, County Tax Map District 1000, Section 125, Block 1, Lot 19.6. 7:50 p.m. Application of HOW- ARD AND BARBARA DIL- LINGHAM, P.O. Box 488, Seuthold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the con- struction of greenhouse addition with an insufficient setback from the south(easterly) side line at not less than 16 feet, and with insufficient total sideyards at not less than 31 feet, at premises known as 1900 Aldrich Lane, Laurel, NY; Laurel Estates East, Filed Subdivision Map 7870, Lot 9; County Tax Map District 1000, Section 125, Block 1, Lot 2.018. 7:55 p.m. Application for LONG ISLAND SHORES, INC., 684 Estero Boulevard, Fort Myers Beach, FL 33931, for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient area of four prop- osed parcels and insufficient lot width of two proposed parcels in this pending division of land, premises located on the north side of North Road (C.R. 48), Greenport, NY; Suffolk County Tax Map District 1000, Section 40, Block 01, Lot 20, containing a total area of 5.20+ acres. 8:05 p.m. Application of STAMATIOS AND ELENI RAPANAKIS, 2030 Boisseau · Avenue, Southold, NY for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate non- conforming two-family dwelling use at 2030 Boisseau Avenue, Seuthold, NY; County Tax Map District 1000, Section 55, Block 6, Lot 40. (Recessed from October 24, 1985). 8:10 p.m. Application for pAUL AND MARY FLEMING by Eastern Windpewer Inc., Os- borne Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100- 30(C) for permission to erect a wind tower exceeding 18 feet in height for the purposes of produc- ing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District 1000, Section 19, Bl~ck 2, Lot 10. 8:15 p.m. Application for GAlL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix, 208 Fifth Avenue, New York, NY 10010, for a Variance to the Zoning Ordinance, Article XI, Sections 100-118(E) and 100- 119.2, for: (a) permission to reno- vate and expand existing non- conforming cabin [guest cottage without sleeping facilities] ex- ceeding 50% of value and square footage of same as exists; (b) per- mission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, at premises known as 4255 Private Road #10 (Hallock I~ne), Mattituck, NY; County Tax Map District 1000, Section 112, Block (fl, Lot 004. 8:25 p.m. Application of ROBERT A. CELIC, Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for permis- sion to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting the Main Road, the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; County T~x Map District 1000, Section 143, Bliock 3, Lot 1. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: November 26, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TD5-5099 STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Mary K. Deqnan of Greenport, In said County, being duly sworn, says that he/ghe II Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which tha annexad la a printed copy, has been regularly publishad In said Newspaper once each week for nma weeks successively, commencing on the 5 dayof Dec~mbo~ 1985 / Rflnclpal Clark ' ANN M ABAIE ,.-.~)~RY PU~,[ lC State o[ ~? York Sworn to before me th · ~ 5~fi~ik Co,tory N,. APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN dHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD FELEPHONE (516i ?65 1809 TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the dale and Lime of your public hearing. Please have someone appear in your behalf at tine time specified in the event there are questions brought up during the public hear- in9 and in order to prevent any delay in the pFocessiF,9 of your application. If you have any questions, or ]f you would like to review your file prior to the hearing, please do not hesitate to either stoI) by our office at the Southold Town Hail, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, lk Enclosure GERARD P. GOEttRINGER CHAIRMAN TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. '' ' DATESep. tember ~., lg85 · ...~milia...T ,...P ik~ ........................... of .......... Maia..~oad ............................................ Name of Appellant Street and Number ...... ~a.tt£tuck, ............................................................... New..¥~r-k ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....by...~.e.l:.t.~r ............ DATED ..... Jul.y...li,...1.9.85 ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ...... M~in..P~ad,. ...................... ~tC£~uok, ............. NY ..................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO DIVIDE 1 LOCATION OF THE PROPERTY ~/~9~:~.~kL.~d.*~a~f~t~u~q~k~.~N~Y~'~.~:~A~r~cu~turaZ & Street Use District on Zoning Map Residential 3.:. %6. ................................................ Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articl~ .~III~Se~c_tZ_On 100-31 Bulk & Parking 3 TYPE OF APPEAL Appeal is mode herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has)(~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 (X) request for a variance and was made in Appeal No ...... :~.~.~ ................. Dated ...~.a.y...~.,....~.~.8..~ ........................................ ) ,s requested for the reason that parcels. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance would like to divide the premises into two Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because my property now consists of 90,382 square feet. This is a large area in relation to the adjoining and neighboring parcels. It is increasingly difficult to maintain properly this large area, and I would like to cut down on the size of the property that I will have to continue to maintain. 2. The hardship created is UNIQUEond is not ~harecl by all oropertJes alike in the immediate vicinitv ofthisproperty and inthisuse districtbecouse the adjoining and neighboring properties are all under one acre each, and if chis appl£¢ation is approved, t will have two lots, one approximately 40,000 square feet and one approximately 50,382 square feet. 3 The Variancc~ would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CI IARACTER OF THE DISTRICT because one lot would compare with ad3oi~liL'~g properties, and I would still have a large lot of 50,382 square feet. S'FATE OF NEW YORK ) ,~ Z Signature ~OUN Y OF SUFFOLk) ~ ~ EMILIA T. PIKE £ Sworn t this ~ ~ .......................... doy of ........ Sep. tembe, r., ...................... 19 85 ....... ~]O[Sry Public, State of N~w York No. 24-~1B~4785331 Ou~lified in Kings Cemrn ~$ioo E×pir~s March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO:Mr. & Mrs. Charles Zahra Mr. & Mrs. John Tandy Mr. & Mrs. Richard G. Endris Ms. Madeline Maneri Mr. & Mrs. John J. Bopp YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER MS. Joanne Brooks Mrs. Fred Verme, Jr. 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( X ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: South bY blain (State) Road: West by Vormo,- Nnrph hy ?nhr~. Tandy, Endris; Northeast by Maneri; East by Bopp, Brooks and Verme. Suffolk County Tax Map No. 1000/140/3/26 3 That the property which is the su~ect of such Petition is located in the following zoning district: "A" Residential & Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to divide the property into two lots, one having insufficient width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- S~,enedare A:ticles I & II Section ~ lf16-?~ g ]tiff-q] R~lk ~ Pn~4ng q~h~,]~ sp ?i d.& .......... , ion 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) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; 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: September 6, 1985 W~~_ Petitioner EMILIA T. PIKE 0wners'Names:Emilia T. Pike Post Office Address Main Road Mattituck, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Charles Zahra Mr. & Mrs. John Tandy Mr. & Mrs. Richard G. Endris Ms. Madeline Maneri Mr. & Mrs. 3ohn 3. Bopp Ms. Joanne Brooks Mrs. Fred Verme, 3r. 1215 Pike St. - Box 1137 Mattituck, NY 11952 Marratooka Road Mattituck, NY 11952 Pike Street Mattituck, NY 11952 Box 502 Mattituck, NY 11952 Maple Ave. Mattituck, NY 11952 2530 New Suffolk Avenue Mattituck, NY 11952 56 Lanyard Lane Huntington, NY 11743 STATE OFNEWYORK) COUNTY OF SUFFOLK) SS.; ELLEN M. URBANSKI, , residing at (no #) Oak St., Mattituck, New York , being duly sworn, deposes and says that on the ~_.+, r]~ day of September, , 19 85 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- flceat Mattituck, NY (certified) (~YrY~. mail - receipts Sworntobeforemethis ~ dayof ptem er, ,19 85 Notar,y..,Pub c ~o~ary PubJic, State of New York ~ No. 2502R047~5331 ," ' ,Qualified in Kings CounIv ; that said Notices were mailed to each of said persons by attached. ELLEN M. URBANSKI (This side does not have to be completed on form transmitted to adjoining property owners.) The ?;.Y.S. [nviro~i~ental Qua!ity Review Act mission of this for~and an en/ironmental rev made by this board before any action s taken, SHORT FNVIRO~Q4ENTAL A,S.~c~ ,ME,,~ require':: sub- will be (a) In order tc answer the questions in thim short EAF is is eseumed that the i~. uge currnntly available inforr,~ticn concerning the ~roJec% and th. I ~.e]y ~ct~ of the action. I~ is not e~ec%cd %ha~ additional ~tudie~ r~earch or c~her invest~gatlonn w~i be ~nder%aken. ~b) If any que~on k~s been answered Yes the project ~y be ~i~lfican~ and a (c) If all questions have been answered No 1% is likely tbmt thl~ project im n~2 s:gnlficant. 'Will project result in a large physical change to the pro~sct site or physically alter more Will there be a major change to any unique or un~sual land for~ found on the site? Yes , Yes No 10. ]1. 12. W~l project alter or have a large effect on an existing body of water? . . . , , W~I project have a potentially large lmpac~ on groundwater quality? , , . . , , . Will project significantly effect drainage flow Will project affect any threatened or endangered plant or anLvml ~pecies? Will project result in a major adverse effect on air quality? Yes '/ No Yes / No / Yss .... No Yes /' No Yes / No Will project have a major effect on visual char- known to be importan~ to the community? · · · Yes/ No Will project adversely impact any site or struct- ure of hisnoric, pre-historic, or paleontoiogic~l importance or any site desig~ated as a critical environment, al area by · local agency? . . · Yes '/ No Will project have a major effect on existing or // future recreational opporttulitiea9 · · , Yes ...... No Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- anco a~ a result of the project's operation? . / Ye~ ~/ N~ 'Wl~.~' project h~ve any impact on public health or /r safety" · · , . , · · · , · , , Yes_L/_ No W..1 project gffect =he existing comaunity by d~rectl7 caucinc a ~rowth in permanent popula- tion of moro than 5 percent over a one-yea~ period or.__' have a major negative effect on t~e 15. Is t~ere pu~ . proje: No · n., =. . , ~. ~v..~ =.Att'~v~.~o~r ~'~'~¢ ant PREPA:{~]R'S S~,~.ATL~. -- TI~.. cy. lot appllC ?~rrifS~l~TI:~c: Emilia T. Pike DATE: September ~ , 1985 September 6~ 1985 (Today's Date) To: Re: Southo!d Town Board of Appeals Main Road Southotd, NY 11971 Appeal Application of Location of Property: SCTM#1000-140-3-26 Emilia T. Pike n/s Main Road, Mattituck, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~ 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ ·located within 300 feet of tidal wetlands; however, constructed along the water-lying edge p_o~_~y is a bulkhead in need of (minor) (major) ~ ' ~epamrs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. -tx] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, By ~ic~t~kre please) ua~me~ u. ~oss Atty. for applicant NOTE: If proposed project falls wit%kin D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing.