The URL can be used to link to this page

Home My WebLink About3365Main Rd Orien%, NY o/9 Set off io~with dWellin~ with ins,uf~iCien%~ ~ area-and.wmdth %5~3 Southold Town Board of Appeals MAIN RmAD- STATE ROAD 25 SrlUTHmLD, L.I., N.Y. 11cj71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3365 Application 'Dated April 29, ]985 (Public Hearing June £7, ]985) TO: Samuel J. Glickman, Esq. [Appellant(s)] ll4 Main Street Greenp0rt, NY ]]944 At a Meeting of the Zoning Board of Appeals held on Ju]~ 18, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article II/ , Section ]00-3], Bulk Schedule [ ] Request for Application for HOWARD HOEY, c/o Samuel J. Glickman, Esq., ll4 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-19-01-14 (14.1). WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application for HOWARD HOEY; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that no oppoisition has been received; and WHEREAS, the board members are familiar with the property, its use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this application, applicant seeks approval of a parcel of 43,560 sq. ft. from a 37± acre parcel, located at the South Side of Main (State) Road, Orient, New York, identified on the Suffolk County Tax Maps as District 1000, Section 19, Block 1, Lot 14.1 (14). 2. Existing on the proposed parcel to be set-off is a single- family dwelling which is shown on survey map as amended April 1, 1985, to be set back lO feet, more or less, from its nearest point from the easterly side property line, and 19 feet, more or less, from its nearest point from the northerly (front) property line. 3. To be retained on parcel be of 37± acres is an existing single-family dwelling set back 48± feet from its nearest point from the northerly (front) property line, and located approximately 22 feet south of the subject dwelling is an accessory garage- storage building. 4. In viewing the character of the neighborhood on the same block, a majority of the parcels consists of a size substantially DATED: July 1985. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO~ CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3365 Matter of HOWARD HOEY Decision Rendered July 18, 1985 larger than that proposed by this application, and only one house on this block within several hundred feet is similar, which abuts the subject premises on the west side, which was not the subject of a variance and was approved by the Southold Town Planning Board November 8, 1982, in compliance with the requirements of the bulk schedule as to lot area, width and depth, and prior to the change of zoning from 402000 sq. ft. to 80,000 sq. ft. In considering this appeal, the board finds that: (a) this proposal is not consistent with those generally existing on this block as applied; (b) the relief requested is substantial in relation to the zoning requirements, being approximately 46% of a variance from the 80,000 sq. ft. requirement, and approximately 15% of a variance from the 175 ft. lot width requirement; (c) that by allowing the variance as applied, there will be a sub- stantial change in the character of the district since it may set a precedent; (d) the practical difficulty claimed is not unique; (e) that in view of the manner in which the practical difficulty arose, there is another method feasible for the applicant to pursue either without a variance or with a minimal variance; (f) that the interests of justice will be served by denying the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief as requested under Appeal No. 3365 in the Matter of the Application for HOWARD HOEY be and hereby is DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. lhis resolution was adopted by unanimous vote of all the members. lk ~ERARD P, GOEH~riNGER,/CHAIRMAN "July 30, 1985 / RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.F.i~K DATE ~/3a//P~- HOUR Town Clerk, To~ of ~ NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main Meeting, commencing at as follows: pursuant to Section 267 of the Town of Southold, the following public Southold Town Board of Appeals at Road, Southold, NY at a Regular 7:30 p.m. on THURSDAY, JUNE 27, 1985, and 7:30 p.m. Upon application for JOSEPH AND ARLENE LESTINGI, c/o David Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in the frontyard area as revised. ~.Location of Property: ll50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use proposed bui'lding in this "B-Light" Business Zoning District for heavy-equipment storage. Location of Property: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. 7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4] for permission to use proposed building in this "B-Light" Business Zoning District for heavy-equipment storage as permitted in a "C-Light" Industrial Zoning District. Location of Property: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000- 56-04-20. 7:45 p.m. Application of GREGORY SIMONELLI, c/o Gary Flanner Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and lot width of two parcels in this proposed three-lot subdivision located at the South Side of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 107-02-04. 7:50 p.m. Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne, NY 11565 for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2(C), for permission to build deck addition with reduction from the edge of Corey Creek and reductions in front and side yard setbacks. Location of Property: 2600 Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-004. 7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman, Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-19-01-14 (14.1). 8:00 p.m. Application for MARION R. AND JOHN M. KING, c/o Paul A. Caminiti, Esq., Box 992, Southold, NY for a Variance to the Zoning Ordinance, Article IO0-30(A)(C) for permission to enclose existing porch and use as a real-estate office in conjunction with existing family residence at 51155 Main Road, Southold, NY; County Tax Map Parcel No. 1000-70-01-03. 8:05 p.m. Application of JEAN HARFORD, 8 Beachway, Port Washington, NY 11050 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct a second attached garage with an insufficient sideyard setback at premises located on the north side of Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-002. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. (Tel. 765-1809, alt. 1802). Dated: June 13, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructioo~ to newspapers: Please publish once, to wit: THURSDAY, JUNE 20, 1985 and forward eight (8) affidavits of publication by June 25th to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF $OUTtlOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtiOLD, N.Y. NOTICE OF DISAPPROVAL Date ,.. /.~. ............ , 19 .~.. to,- pe,-mit to ..~'~ZT.. c%,~....Z.e~..~, m./.r/--l..~, v.~4/,,.,/..m'. ~ .................. ~o,,~ ko. ' ..... ~,~t' ........... Couz:ty Tax Map No. 1000 Section ....C). ~. ..... Block ...t~../. ........ Lot .C?/.~. ........ Subdivision .... ~ ........ Filed Map No. .--"--' Lot No. ~ is returned herewith and disapproved on the following grounds ./~...~z~..~..~. '.l~.....-~..~..0~. ~.. · .,<.~...,<..~.. ~o...,F .~.,<. c.,,~".~..7:..../~....~/~ r',f/.. 1~.,.~ ................ .. ~-~....P~,~..~.. ,~.~.. ~.,e .~,m/,,~...~...~. ........ ....,.~.,'~. ~.~,,,.,:.~ca.~../.~..F../-,.~,~ Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPF_A,L, NO./,_~ ~' ~ DATE.. '.~.J~./~..~ .~. ...... Name of Appella. nt Street and Number Municipality ........... .N..~.Y..: ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of Main Rd. ................................................... ....................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY South Side of State Rd 25 Orient~ NY 1. LOCATION OF THE PROPERTY ................................................-. ....... ~ ........................................... Street Use District on Zoning Map 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.) 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) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that if the applicant were unable to sell subject parcel it would cause him undue hardship. 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 the plot is improved and has been in its present state since prior to the adoption of the town zoning ordinance. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject parcel is situate at the north east corner of the applicants pr~mises bounded on the easterly side by Latham farms on the south by other lands of the applicant, on the west by land of applicant and Hardman, the latter parcel(Hardman) having been sold by the applicant after a like variance was obtained, and on the North by State Rd. 25. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ it would allow the sale of a one acre parcel, the area being in the same condition it was prior to the adoption of the town zoning ordinance. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ................... Z,,~,..~ .......... day of ........ Apr.i.1 ...................................... 19 85 Notary Public ~OTARY pLh~L, t, 3~. · :; ;;~ ,v~ York · erm Expires /~eo- /~_,,_,,~,~/TOWN OF SOUTHOLD PROPERTY RECORD CARD ..:.,/ /'? OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER ~*~/~ ~ N/ E ~ ACR.. ~ I S W TYPE OF BUILDING RES. SEAS. IMP. IVL. TOTAL LAND DATE NORMAL FARM Acre Value Per Value Acre Tillable I Tillable 2 Till-able 3 Woodland Swampland Brushland Ho~se PIpt Total j~]u) LDI NG ~,~oo I~ '~/~/'~ , BELOW ABOVE -y COMM. CB. MISC. Mkt. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD /DOCK COUNTY OF~UFFOLK Department of Planning 360-5206 Town of Southold Board of Appeals November 4, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred Co the Suffolk County Planning Commission are considered to be a matter for local determina- tion. I decision of local determination should hOC be construed as either an approval or a disapproval. Applicant (s) Municipal File Number(s) ~oward Hoey William Nedoszytko 3391 3395 Very truly yours, Lee E. Koppelman Director of Planning, Chief Planner COUNTY OF SUFFOLK DEPARTMENT OF PLANNING PETER F. COHAIAN SUFFOLK COUNTY EXECUTIVE LEE £. KOPPELMAN DIRECTOR OF PLANNING Mr. Gerard P. C~ehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, N.Y. 11971 August 8, 1985 Re: Application of "Howard Hoey" (#3365) Town of Southold (SD-85-11). Dear Mr. Goehringer, Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on August 7, 1985, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. It would only tend to undermine the effectiveness of the zoning ordinance; 2. It is inconsistent with the prevailing lot size pattern in the surrounding area; 3. It would tend to establish a precedent for the continuance of such undersized lots in the locale; and 4. There appears to be no demonstrable grounds of practical diffi- culty or unnecessary hardship at the site. Very truly yours, Lee E. Koppelman Director Gerald G. Newman Chief Planner GGN:gcc VETERANS MEMORIALHIGHWAY HAUPPAUGE, L.I.,NEW YORKI1788 Southold Town Board of Appeals 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 Cos~ission: ×X× Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3365 Applicant: ~0ward H0ey Location of Affected Land: South side of Main Road County Tax Map Item No.: 1000-19-01-14 (14.1) Within 500 feet of: ×XX Orie~t __ Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed Coun~y~ State or Federally- Owned Land 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 is requesting permission to insufficient area and lot width set off parcel ~w~t__h Copies of Town file and related documents enclosed herewith for your review. Dated: ~l ~:S'~RI~"'~' Secretary, Board of Appeals 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 RrlAD- STATE RI:3AD 25 SrlLJTHr'ILD, L.I., N,Y. 11g71 TELEPHONE (516) 765 1809 July 30, 1985 Samuel J. Glickman, Esq. ll~ Main Street Greenport, NY 11944 Re: Appeal No. 3365 Howard Hoey Dear Mr. Glickman: Please find enclosed for your records a copy of the recent findings and determination rendered in the above- entitled matter filed this date with the Office of the Town Clerk. Yours very truly, Enclosure Copy of Decision to: Planning Board Suffolk County Southold GERARD P. GOEltRINGER CHAIRMAN ~ .~ ~y Linda Kowalski Planning Commission Town Building Department LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of Town Law and the Code ol Town of Southold, the following public hearings will be held by the Southold Town Board of Ap- peals at the Seuthold Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commencing at 7:30.p.m. on THURSDAY, JUNE 27, 1985, and as follows: 7:30 p.m. Upen application for JOSEPH AND ARLENE LES- TINGI, c/o David Kapell, 400 Front Street, Greenpert, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to locate garage in the frontyard area as revised. Location of Property: 1150 Seund Drive, Oreenport, NY; County Tax Map Parcel No. 1000-33-04- 001· 7:35 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenpert, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to ese proposed building in this "B- Light" Business Zoning District for heavy-equipment storage. Lo- cation of Property: 64155 Main · Read, Oreenpert, NY; County Tax Map Parcel No. 1000-56-04- 20. 7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Read, Oreenpert, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4] for permis- sion to ~se proposed building in this "B-Light' Business Zoning District for heavy-equipment storage as permitted in a "C- Light" Industrial Zoning Dis- trict. Location of Property: 64155 Main Read, Greenpert, NY; County Tax Map Parcel Noi 1000-56-04-20. 7:45 p.m. Application of GRE- GORY SIMONELLI, c/o Gary Flanner Olsen, Esq., P.O. Box 706, Cutchogue, NY for a Vari- ance to the Zoning Ordinance, Article III, Section 100.31, Bulk Schedule, for approval of insuffi- cient lot area and lot width of two parcels in this proposed thine-lot subdivision located at the South Side of Grand Avenue, Mat- tituck, NY; County Tax Map Par- cel No. 1000-107.02-04. 7:50 p.m. Application of MAR- GARET WAGNER, 20 Slabey Avenue, Malverne, NY 11565 for a Variance to the Zoning Ordi- nance, Article III, Section 100. 31, and Article XI, Section 100. 119.2(C), for permission to build deck addition with reduction from the edge of Corey Creek and reductions in front and side yard setbacks. Location of Property: 2600 Private Read #15 (Takaposha Read), Southold, NY; County Tax Map Parcel No. 1000-087-06-004. 7:55 p.m. Application for HOWARD HOEY, c/o Samuel J. Glickman, ESq., 114 Main Street, ~ Sc[~ednpert, N~ for a Varianc9 to Zoning Ordinance, Article Section 100-31, Bulk ule, for approval of a parcel having insufficient area and lot width in this proposal set-off di- vision of land located at the LB:Sauth Side of Main Read, Orient, NY; County Tax Map Parcel No. 000-19-01-14 (14.1). 00 p.m. Application for RION R. AND JOHN M. KING, c/o Paul A. Caminiti, ~ aox 992, Southold, NY for ~ to the Zoning Ordi- .a, Article 100-30(A)(C) for atission to enclose existing .~h and use as a real-estate of- 1~ce in conjunction with existing family residence at 51155 Main Ro~-seuthold, NY; County Tax iV~ rcel No. 1000-70-01-03. 8:,~ p.m. Application of JEAN HAHFORD, 8 Beaehway, Port Washington, NY 11050 for a Variance to the Zoning Ordi- nance, Article HI, Section 100- 31, Bulk Schedule, for permis- sion to construct a second at- tached garage with an insuffi- cient sideyard setback at prem- ises located on the north side of Private Read #15 (Tahapesha Read), Sauthold, NY; County Tax Map Parcel ~No. 1000-087- 06.002. The Board of AppeaIs 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 sub- ject hearing. (Tel. 765-1809, alt. 1802). Dated: June 13, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GORHRINGER CHAIRMAN 1TJ20.4929 =enport, in t he/she is · e Weekly the Town te of New Innexed is blished in e 20 Prin el r Sworn to before me this 2 0 /~of June 19 85 ANNM. ABATE /~) /~ NJ~TARY PUBLIC, State of New ~.~) ~. //2// -~SuffolkCountyNo 474~183. NOTICE NOTICE IS H~. REBY GI~ EN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the' following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, comment. lng at 7:30 p.m. on THURS- DAY, JUNE 27, 1985, and as follows: 7:30 p.m. Upon application for JOSEPH AND ARLENE LESTINGI, c/o David Kapeli, 400 .Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article ili, Section 100-32 for permission to locate garage in the front- yard area as revised. Location of Property: 1 i50 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04, 001. 7:35 p.m- Application of GENEVIEVE RICHARDS, 64155 Main Road, .Greenpert, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use proposed building in this "B-Light" Business Zon- ing District for heavy-equip- ment storage. Location of Pro- perry: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. 7:40 p.m. Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenpert, NY for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 and Article VHI, Section 100-80(B) [41 for permission to use proposed building in this "B-Light' Business Zoning District .for heavy-equipment storage as permitted in a "C-Light" dustrial Zoning District. Loca-. tion of Property: 6415S ~vlalu Road, Greenport, NY; County Tax Map Parcel No. 1000-56- 04-20. 7:4S p.m. Applicatinn of GREGORY S1MONELLI, e/o Gary Flanner 01Sen, Esq,, P.O. Box 706, CutChogue, Ny for a Variance to the Zoning Ordinance, Article m, Sectio~ 100-31, Bulk Schedule, for approval of insufficient 1o~. area and lot width of twQ parcels in this proposed three- lot subdivision located at the South Side of Grand Avenue, Mattituck, NY; County Ta~ Map Parcel No. 1000-10%02- 04. 7:50 p.m. Application of MARGARET WAGNER, 20 Sinbey Avenue, Malverne, NY 11565 for a Variance to the Zoning Ordinance, Article HI, Section 100-31, and Article XL Section 100-119.2 (CL fo~. permission to build dock add~ tion with reduction from th~ edge of Corey Creek and reductions in front and side yard setbacks. Location of Pro. perry: 2600 Private Road #1:~ Crakaposha Road), Southoldr NY; County Tax Map Parce~ · No. 1000.087-06-004. f 7:55 p.m. Application for HOWARD HOEY, c/o Samuel- J. Glickman, Esq., 114 Mai~ tStreet, Greenport, NY for a Variance to the Zoning Ordin¥ ance, Article III, Section 100- 31, Bulk Schedule, for approv- al of a parcel having insuffi~ cient area and lot width in this, [proposal set-off division of. land located at the South Side ~of Main Road, Orient, NY~ ~County Tax Map Parcel No, ~.~000.19-01-14 (14.1). 8:00 p.m. Application fo~ MARION R. AND JOHN M,: KING, c/o Paul A. Caminiti,~ Esq., Box 992, Southold, for a Variance to the Zoning Ordinance, Article 100-30(A)~ (C) for permission to enclose existing perch and use ax a real-estate office in conjunc< tion with existing family resi- dence at $1155 Main Road,~ Southold, NY; County Ta~ Map Parcel No. 1000.70-01-03r 8:05 p.m. Application of JEAN HARFORD, 8 Beach- way'. Port Washington, NY' 11050 for a Variance to th~ Zoning Ordinance, Article HI, Section 100-31. Bulk Schedule. 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 ?' ~ ' Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Pub!lc, State of New York No. 4~46 Qualified in Suffolk County Commission Expires March 3o, 19 ~ Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure To: Mr. David E. Kapell as agent for Lestingis Mrs. Genevieve Richards Gary Flanner Olsen, Esq. as attorney for Simonelli (in Mrs. Margaret Wagner Samuel J. Glickman, Esq. as attorney for Howard Hoey Paul A. Caminiti, Esq. as attorney for Kings Mrs. Jean Harford person) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Jl.,].ne 13 ~ GERARD P. GOEHRINGER, CHAIRMAN $ · E. Q. R o a. CHARLES GRtGONIS, .JR. SERGE DOYEN, .JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance 1985 APPEAL NO.: 3365 PROJECT NAME: Howard Hoey This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Set lot off with dwelling with insufficient width and area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knQwn as: Main Rd. Orient, NY 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) This is a lot-line variance not directly'related tO new construction by this appl~ ation. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeal~z 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. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, TELEPHONE (516) 765 1809 May 9, 1985 Samuel J. Glickman, ll4 Main Street Greenport, NY 11944 Esq. Re: Appeal No. 3365 Howard Hoey This letter will acknowledge rec~ii) L of your r;cc/'~t cation. The members of the Board (,f /\ppeals will bu field inspections and e~vironmontdl reviews as md'/ by State and local laws prior t.~ ~,ched;ll inq your .~!~pl ,, public heaving. ][ is requested il) the ~nl. erim [t!~1 y~u [ X] Planning Board [ ] N.Y.S. l).ii.C. [ ] Tmvr, in order that they may submit their w[ itten mendations as early as possible. Upton receipL of their input, your application will be scheduled f(,r the ing date. ]f the above document(s) are !:ubn~itLed by June lO, 1985, it is expected that the public h~arin9 would be held about early part of July. A copy of the notice el hearin!ts published in the Long island Travel~ r-Watchma, (~nd LM) Suffolk Times will be sent to you a~ con[iFm,~ iun. Please feel f~ee to call al: any t inle if you have ~ny qu("~tl(,nf,, very truly, cc: Building Department Planning Board £; [: IU\ R l) P. Cttl1, I ~M ~,N I;y Linda Kowa]ski JUDITH T TERRY TOWN CLERK REGISTRAR Ol VITAL SI \ I Iff IICS OFFICEOFTHETOWNCLERK TOWN OFSOUTHOLD April 29, 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: ~udith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3365 application of Howard Hoey for a variance. Also included ~s~tice to Adjacent Property Owner; Notice of Disapproval from the BuiLding Dept.; Short Environmental Assessement Form; letter relarive to N.Y.S. Tidal Wetlands Land-Use; property record card copy and survey. &/Judith T. Terry Southold Town Clerk P D T~LD Southold, N.Y. 11971 (516) 765-1938 June 14, 1985 Mr. Samuel J. Glickman, 114 Main Street Greenport, NY 11944 Esq. Re: Application for Howard Hoey Dear Mr. Glickman: The Southold Town Planning Board reviewed the above mentioned application at the regular meeting of June 10, 1985. It was noted that a previous set-off on this property had been granted by the Planning Board in 1982. i~ Therefore, this application must be filed as a m~nor subdivision, and processed as same. These comments will be forwarded to the Board of ~ppeals for their review regarding the variance application filed. If you have any questions, please don't hesitate to contact our office. ~c.' Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHA~HMA~ $OUTHQLD TOWN PLANNING BOARD By Diane M. Schultze, Secretar~ TOWN OF SOUTHOLD, NEW YORK APPEAL NO./~? &~' APPEAL FROM DECISION OF BUILDING INSPECTOR ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....~.d....H...oD. 3. ....................................... of ....Main..R~..,..Dri~z~t,..~..Y. ............................. Name of Appell(~nt Street and Number ........... .N..:.Y..~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Nome of Applicant for permit of Main Rd. ................................................... .o..r..i. ....................................................... ~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .....~`~..~....~.~..a"e...g.~.~.t~...t..e..~?`..a....~..2..5..~...~..~-~..~...t.~....~.. ..................... Street Use District on Zoning Map 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.) 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) (has not) been made with respect, to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that if the applicant were unable to sell subject parcel it would cause him undue hardship. Form ZB! (Continue on other side) REASON FOR APP~.~L Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the plot is improved and has been in its present state since prior to the adoption of the town zoning ordinance. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject parcel is situate at the north east corner of the applicants pr~ises bounded on the easterly side by Latham farms on the south by other lands of the applicant, on the west by land of applicant and Hardman, the latter parcel(Harc~nan) having been sold by the applicant after a like variance was obtained, and on the North by State Rd. 25. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would allow the sale of a one acre parcel, the area being in the same condition it was prior to the adoption of the town zoning ordinance. STATE OF NEW YORK ) ) ss COUNTY OF S~'FOLK ) Sworn to this ...................................... day of ........ Apr.i.1 ...................................... 19 85 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Howard Hoey to the Board of Appeals of the Town of Southold TO: -l~i~. ~d Mrs. Robert J. Hardman l~obei~ ~t~er George Newman NOTICE TO ADJACENT ~-~ --% ~-~ ~-~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th/~t ir ~ tJ~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [c±rcle cho±ce] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: one acre set-off on the south side of Main Rd., bounded on the west i by land of Hard, nan, east by land of Latham Farms, south by other land of. ~y 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition, the undersigned will request the following relief: nn~ amr~ ~mf-mfF w~ fh rl~m:l 1 ~ n~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 1 O0-~l 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petiti,~ Fa~-~. Glj~kz~ Post Office Address 114 Main Street Greenport. N.Y. 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. Robert Hardman I~ula Latham . . George Newman Robert Weber P ~38 94] RECEIPT FOR CERTIFIED M NO INSURANCE COVERAGE PROVIDE NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Robert J. Hardman Street and No. Main Rd. nfl ont. N_Y. PO., State and ZiP Code Postage $ ~.~ Cedified Fee IF Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery Main Rd., Orient, N.Y. 11957 Main ; Rd., Orient, N.Y. 137-55 75 Rd., Flushing, N.Y. 11367 35 Ph=~ ' s., Brookhaven. ~ v 3~19 p 571 53A 99 RECEIPT FOR cERTIFIED 0 iNSURANCE COVERAGE pROVI' N NOT FOR ~NTERNATIONAL MAIl (See Reverse) ,ula Latham 119 . Certified Fee E p 571 5~ RECEIPT FOR CER1 NO ~NSURANCE COVERA NOT FOR [NTERNATIC (See Revert GeorgeNe~ ~ tStreet and NO. ~ and ZiP Code Postage ied Fee iai Delivery Fee Restricted Delivery Fee Return Receipt Showing whom and Date Oelive~ and Fees P 571 53& 992 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Robert Weber Street and No, 35 Chapel Ave. Rroc?_~.av~~. , N. Y, ] P.O., State and ZiP Code Postage $~ ~.~.. Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Virginia Maginn , residing at Mattituck, N.Y. , being duly sworn, deposes and says that on the ~ day of April ,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 Southold; that said Notices were mailed at the United States Post Of- rice at Greenpert, N,Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before/ne this April day of ~'3-~/~ ,19 R9 Notary Public ~' ~ fe;m Expires L,arcb. 3Q,, The ;;.Y.S. [nv~ronmental Quaii:.y Review missY, on o-f Lhis~rm, and dn environmenLal made by this bo~ before any action is Jew will be (a) In order to answer the questions in this ~hor% ~AF !s ia assu~.e~ that the preparer will use currently available %n£orr. ation concerning the project and the likely ~mpacts of the action, i~ i~ no~ e~ec~ed ~ a~di~lonal ~u~i~, r~ae~r~h ~r o~her inves:igations w~i be ~dertaRen. (b) If any question ha~ been answered Yes the project ~y be stall,cant and a completed Env~rommental Assessment Fo~ t~ necessary. (c) If all questions have been answered No it is l~ely t~t th~s project ~s nc7 significant. (d) Envircr~en%al Aeeessppnt 1.Will project result in ~ ~arge physical cbmnge to the project site or ~hysically alter more 2. Will there be a ~aJor 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 gToundw~ter quality? · · · · · · · , · · ~. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? , , . , · , · * * 7. Will project result in a major adverse effect on 8, W41l project have a major effect on visual char- actor of the co~munity or scenic views or vistas 9. Will project adversely ~pact any site or struct- ure of historic~ pre-historic, or paleontological importance or any si~e designated as a critical environmental area by a local agency? , . . Yes --~'/ NO 10. Will project have a major effect on existing or future recreational opportunitlee~ . . . , Yes~.~ No 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- anco as a result of the project's operation? , Yes--° 13. Will pro,eot have any impact on public health or Will project ~ffect the existing comm, unity by directly causing a growth in permanent popula- period er have a major negative effect on the charact~ of tn/~m, munity ~r ne~gl~bor~ooo?. , , Yes 15. Is there publl~/~ontr=vers7 concern:ng the project? ., Yes R~PRESENTI~:G: rd Hoey ~ DATE: Yes /No Yes ~,~,No Yes W/No Yes Yes Yes Y~s Yes ,~o · QUEST!ONNAIRE TO BE ~MPLETED FI'LED WITH ICATION 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 t~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 ] I. I ] ~. '1 ] [ ] 5. [ ] [ I 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300~ of waterfr6nt or wetlands area May be located within 300~ of waterfront or wetlands area; however, the following structure separates ~ny property from this environmental area: [ ] 50~ existing road [ ] existing structures [ ] bluff area more than I0~ in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75~ from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75~ front the landward edge of tidal wetlands'waterfro~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.5. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photograpi~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 5tare Law and to prevent any unnecessary delays in processing your application(s). 101831k HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 1971 TELEPHONE 765-1938 November 11, 1982 Mr. Samuel J. Glickman Attorney at Law 114 Main Street Greenport, New York 11944 Re: Doris T. Hoey Dear Mr. Glickman: The following resolutions were passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Doris T. Hoey, located at Orient. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the map of Doris T. Hoey, located.at Orient, dated September 3, 1982. Please forward six (6) copies of the above map to our office for those referrals necessary under the State Environmental Quality Review Act. When same has been completed, the Chairman will endorse his approval; two copies of the map will be returned to your office for your records. If you have any questions, please don't hesitate to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary