Loading...
HomeMy WebLinkAbout3392Main Road 85 Peconic, NY 3 set-off lot will only be 90 feet wide on Main Rd ordinance requires 150 feet. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI. D, L.I,, N.Y. 11c3T1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3392 Application Dated TO: August 9, 1985 [Appellant(s)] Michael J. Hall, Esq. as Attorney for PHILIP G. HORTON Youngs Avenue ~' ~Southold, NY 119A]%, At a Meeting of the Zoning Board of Appeals held on October 24, 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 , Section ~ Request for Variance to the Zoning Ordinance Article VI , Section ]00-6] (Sulk Schedule) Article III, Section lO0-31 (Bulk Schedule) [ ] Request for 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 Variance to the Zoning Ordinance,-Article III, Section 100-31, and Article VI, Section lO0-61, for the approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District lO00, Section 85, Block 03, Lot 005. WHEREAS, a public hearing was held and concluded on October 3, 1985, in the Matter of the Application of PHILIP G. HORTON, under Appeal No. 3392; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the south side of the Main (State) Road, Peconic, New York, and is located partly in the "B-I" Zone and "A' Zone Districts, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 85, Block 3, Lot 5, containing a total area of 3.7± acres. 2. The subject premises is presently improved with a farm barn building set back approximately 90 feet from the front property line along the Main Road and is proposed to be set back from the new division line (at the east side) of 60± feet. 3. By this application, appellant requests approval of insuf- ficient frontage (lot width) along the Main Road of 90 feet of proposed "Parcel No. 1" which would have an area of 34,100 sq. ft. and which would leave "Parcel No. 2" with 200.20 frontage and 2.9+ acres of lot area. CONTINUED ON PAGE TWO) DATED: Form ZB4 November 1, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3392 Matter of PHILIP G. HORTON Decision Rendered October 24, 1985 4. Article VI, Section lO0-61, Zoning Code requires a minimum of 150 for parcels newly established in the Districts. and Bulk Schedule, of the feet of lot width (frontage) "B-I" General Business Zoning 5. The relief requested by this application is a variance of 40% of the zoning requirements, which is substantial in light of the circumstances herein. 6. For the record, it is noted that at a Regular Meeting held August 26, 1985 of the Southold Town Planning Board, it was recommended that they are in favor if the 90-foot wide parcel is merged with the parcel to the East (now owned by the proposed purchaser of the land in question). In considering this appeal, the board has determined that the application shall be denied for the reasons stated above and as follows: (a) the relief requested is substantial being 40% of a variance from the zoning requirements; (b) there is additional land available from proposed "Parcel 2" to increase the frontage of proposed "Parcel 1"; (c) the circumstances are not unique; (d) additional evidence is required to sustain the burden of proof as applied; (e) the relief as requested will not be in harmony with or promote the general purposes of zoning~ (f) the interests of justice will be served by denying the relief as requested under Appeal No. 3392. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to DENY WITHOUT PREJUDICE the relief requested under Appeal No. 3392 for insufficient lot width (frontage) of 90 feet as applied in the Application of PHILIP G. HORTON. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD ~] GOEHR-INGER, C~qIRMAN November l, 1985 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE //./S/~ f, HOUR ~/.2:~.R ~. Town Cle~:k, Town of Sou~l'old S th Id To B d lApp Is on o wn oar o ea IvlAIN RI'lAD- .C:JTATIr R[3AD 25 E~I:3UTHnLD, L.I., N,Y. llCJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWtCKI NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Raad, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 07, Lot 23. 7:40 p.m. JANE M. WREN Appeal No. ~398 - Variance to the Zoning Ordinance, Article XI, Section 100-118(E) for permission to expand nonconforming building by more than 50% of fair value, at 3355 Soundview Avenue, Mattituck, NY; County Tax Map ~istrict 1000, Section 94, Block O1, Lot 16. 7:45 p.m. WILLIAM NEDOSZYTKO Appeal No. 3395 Var'iance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Aldrich Lane, Mattituck, NY; County Tax Map District 1000, Section 124, Block l, Lot 2. Page 2 - Notice of Hearings Southold Town Board of Appeals Thursday, October 3, 1985 7:50 p.m. DONALD W. AND JUDITH LUCHSINGER - Appeal No. 3397 - Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct addition to dwelling with insufficient setback from the ordinary highwater mark along Deep Hole Creek, premises known as 820 Lupton's Point, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY Appeal No. 3391 Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and lot width of one parcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block l, Lot 14.1 (14). 8:00 p.m. PHILIP G. HORTON - Appeal No. 3392 - Variance to the Zoning Ordinance, Article III, Section 100-31, and Article VI, Section lO0-61, for approval of insufficient lot area and width of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 03, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS'- Appeal No. 3389 - Variance to the Zoning Ordinance, Article II, Section 100-22(D) for permission to utilize entire premises (located partly in the "A" Residential Zone and partly in the "B-Light" Business 'Zone) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Greenport, NY; County Tax Map District 1000, Section 35, Block O1, Lot 8. 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 the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .......... , 19 .~.'~... ., PLEASE TAKE NOTICE that your application dated ... %.~.. ~ --t~ .............. 19 Location of Property .~.~. ~ ..... ~.~..~ ........... ~: ~. 9~ ~ .............. House No, Street Ham/et County Tax Map No. 1000 Section .... ~. ~,~ .... Block ..... ~.~ ..... Lot . .~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith aud disapproved on the following grounds .~.~f..t '-~..~(~.. Building' Inspector ~v 1/80 TOWN OF SOUTHOLD, NEW i[~fll/l~D APPEAL FROM DECISION OF BUILDING INSPECTOR i~,UG 9~(~,PPEAL NO. Jai-ly 24, 1985 ll~'~' ~ IIIIIIIt~TE ':~U'"u'"";"':;'~'?- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ...... ~.?.!Lt.)2fi..1.¢! ....................................................................... ~.e.?.~...,Y...°..r..i.m...mmHEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED August 6, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of .... ! ........................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for set-off no# Main Road, Peconic B-1/A Res I LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Mop 85-3-5 Mop No Lot No. 2 PROVISION (SI OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Bulk a_[~d parring schedule. Art. VI Sect. 100-61 Also Art_.. III _Se__ct 100-31 3 TYPE OF APPEAL Appeal is made herewith for (X~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (XX) A Variance to the Zoning Ordinance ( ) is requested for the reason that set-off lot will only be 90 feet wide on Main Road and ordinance requires 150, feet wide. Form REASON FOR APPEAO Continued 1. STRICT APPLICAT{~OI~.~ O,F T, HE,~ORDINANCE would produce practical difficulties or unneces~ ssry HARDSHIP because without the variance the owner will not be able to properflyi~utilize the entire parcel. 2 The hardship createdis UNIQUE and isnot shored by all properties alike in the immediate vicinity of this property and in this use district because the parcel to be subdivided is much wider than all other parcels in the vicinity which front on the Main Road. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the average width of parcels in that section and on that side of Main Road is similar to the 90 foot width of the property lot and the width variance is the only variance sought; the set-off parcel will be 34,100 square feet and between 240 and 439 feet deep. STATE OF NEW YORK ) ) ss COUNTY OF SIJEFOLK ) Signoture Sworn to this ................ ~..4..t...h. ..................... day of ........2]q.~.Z ....................................... 19 85 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH N. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 November 20, 1985 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3392 Philip G. Horton (Variance) Dear Michael: Please find enclosed a copy of the recent response from the Suffolk County Department of Planning for your information and file concerning the above application. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 November 13, 1985 Town of $outhold Board of Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Philip G. Horton #3392 SD-85-20 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced applicaticm which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitted to demonstrate compliance w~th applicable variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 11788 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN ~o~em~er 13, 1985 Town of Southold Board of Appeals Applicant: Philip G. Horton ~g-~ Mun. File No.: #3392 S.C.P.D, File No,: SD-85-20 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been sub- mitted to demonstrate ccmpliance with applicable variance criteria. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI November 7, 1985 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: XX Variance from the Zoning Code, Article VI Section 100-61 III,' 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ special Permit Appeal No.: 3392 Applicant: Philip G. Horton Location of Affected Land: S/side of Main Rdo Peconic,NY County Tax Map Item No.: 1000- 85-03-005 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 Boundary of Existing or Proposed County, -- or Other Recreation Area Thruway State or Federally- State or Federal Park 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 for ~pproval of insufficient lot area and width of parcels in this proposed set-off division of Copies of Town review. Dated: file and related documents enclosed herewith for your Secretary. Board of A~peals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll~J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November l, 1985 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3392 - Philip G. Horton (Variance) Dear Michael: Transmitted herewith for your records is a copy of the official findings and determination rendered in the above-entitled matter and filed this date with the Office of the Town Clerk. Yours very truly, CC: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Notice of Hearings for October 3, 1985 Regular Meeting Copies of the Legal Notice to the following on or about 9/20/85: By Mail: Earl T. Miles, Esq. for Peter and Helen Puric Also Ron Morizzo Builder Mr. William Berliner, Jr. for Jane M. Wren Abigail A. Wickham, Esq. for William Nedoszytko Gary Flanner]Olsen, Esq. for Luchsinger Samuel J. Glickman, Esq. for Howard Hoey Michael J. Hall, Esq. for Philip G. Horton " " for Theodore and Marie Petikas Henry Tasker, Esq. in opposition Re: Petikas Posted on Town Clerk Bulletin Copies to: ZBA Members ZBA Individual files Building Dept. (Vic) ZBA Bulletin Board (office) Board 9/20/85 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 August 9, 1985 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3392 application of M~ehael Hall for Phillip Horton. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Short Environmental Assessment From; letter relative to N.Y.S. Tidal Wetlands Land-Use; and survey. ,v Judith T. Terry Southold Town Clerk Southoid Town Board of Appeals MAIN ROAD-STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 13, 1985 Michael J. Hall, Esq. Youngs Avenue Southold, NY 11971 Re: Appeal No. 3392 - Philip G. Horton Dear Mike: This letter will acknowledge receipt of your recent appli- cation. The members of the.~o~rd of Appeals.~ill be conduc~.ing field inspections and envirOnmental re..views as ~y be required by State and local laws prior to s.~heduling your.~pplication for ~ public hearing ..... It is requested in the interim that you proceed with the [XX] Planning Board [ ] N.Y.S.D.E..C~ .[ ] Town Trustees in order that they may submit ~eir written commepts or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next _available hear lng date. If the above document(s) are submitted by August 22nd*, it is expected that the public hearing would be held about the early part of September. A Copy of the notice of hearings as published in the Long Island T£aveler-Watchman and the Suffolk Times will be sent to y~.u as confirmation. Please feel free to call at any time if you have any questions. Yours ver~ ~uly, cc: Planning Board *together with four copies of a bui_lding(s) and its setbacks GERARD P. GOEHRINGER CHAIRMAN ifi~a Kowalski suryey showing any existing from th~ proposed division line, etc. NO~ICE IS HEREBY GIV, EN: pursuant to Section 26'/of the Town Law and the Cod~ of the Town~'~Jf Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hkl], Main Road, Southold, HY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, OCTOBER 3, 1985, and as follows: 7:35 p.m. PETER AND HELEN PURIC - Appeal No. 3401 :,Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with reducticn in total sideyard area, at 1250 Second Street, New Suffolk. NY; County Tax Map District 1000, Seclion 117, Block 07, Lot 23. 7:40 p.m. JANE M. WREN - Appeal No. 3398 - Variance to the Zonil~g Ordin~nce~ Article Xl, Sectloi~ 100-118(E) for per- mission to expand noncon- forming building by more than 50% of fai~.~v~; ~ 3355 Soundview Avenue, Matti- tuck, NY; Count~ Tax M~p District 1000, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDO- SZYTKO- Appeal No. 3395- Variance to the Zoning Ordin- ance~ Article' HI, Section 100- 31, Bulk Schedule, for'approv- al of insufficient .lot width (road frontage) of this propos- ed 80.000 sq. ft. parcel to be set-off f~m. 27.9:]4 ~s, lo- cked o~ She w~t s~de of Aldr~h ~Lane Maa'ituek, NY; Coanty-~ Map District 1000, Section 124, Block 1, Lot 2. 7:50 p:m. DONALD W. AND JUDITH LUCHSlNGER - Appeal No. 3397 - Variance to the .7-~,njng O~anco Article XI, Section 100-119.2(B) for permis?oa to cohstrqct, addit- ion to d'delling with in~uffic- ieot setback from the ordinary highwater mark along Deep Hole Cre~k, premises known as 820 Lupton's Point, Matti- tuck, NY~ C0unty Tax Map District 1000, Section 115, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning Ordinance, Art- icle III, Section 100-31, Bulk Schedule, for approval of in- sufficient lot area and lot width of one parcel in this proposed division of 1~d on the south Orient, NY; County T~ Map District 1000~ Section 19, [. Lot 14.1 (14). ~"8:00 p.m. PHILIP G. HOR. ['ON - Appeal No. 3392 . Variance to the Zoning Ordin- ace. Article IH, Section 100- I1, and Article VI, Section 00-61, for approval of in- ufficient lot area and width of )arcels in this proposed set-off iivision of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 8A3, Lot 005. :0S p.m. THEODORE AND RIE PETIKAS - Appeal No. 3389 . Variance to the Zoning Ordinance, Article II, Section I00-22(D) for permiss- iuon to utilize entire premises (located partly in the "A" Residential Zone and partly in the"B-Light" Business Zone) for *~ . ~, . . B-Ltght Business use in accordance with Article VI, Section 100-60. Location of Property: Corner of North (Main) Road and Sound Road, Greenport, NY; County Tax Map District 1000, Section 35, Block 01, Lot 8. 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 con- .clusion of the hearing in quest- ~on. For more information, plase call the Office of the Board of Appeals at 765-1809 (alt. 1802). Dated: September 12, 1985. BY ORDER OF THE SOUTHOLD TOWN . BOARD OFAPPEALS GERARD P. GOEHRINGER, COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................. :'. ........ weeks successively, commencing on the ...................... d :'X. ..... , ! Sworn to before me this ..................... day of .....~.. !/-..':...=: ...... ,~9 ..... Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County , Commission Expires March 30, 19 · NOTICE OF I~EARINGS NOTICE IS HEREBY GIVEN, pURSUANT to Section 267 of the Town Law and the Code of the Town of Seuthold, the follow- ing public hearings will be held by the sOUTHO~I~D~ BOARD OF APPEA.L~_. at the' ~u~hold Town Hall, Mare Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY..OCTOBER 7:35 PETER AND HELEN r~RIC- Appeal No. 3401 - Variance to the Zoning Or- dinance, Article III, Section 100- 31 for permission to construct ad- dition with reduction in total sideyard area, at 1250 Second Street, New Suffolk, NY; County Tax Map District 100, Section 117, Block 07, Lot. 23. 7:40 p.m. JANE M. WREN - Appeal No. 3398 - Variance to the Zoning Ordinance, Article XI, Section 100-118(E) for per- mission to expand nonconform- ing building by more than 50% of fair value, at 3355 Seundview Avenue, Mattituck, NY; County Tax Map District 100, Section 94, Block 01, Lot 16. 7:45 p.m. WILLIAM NEDOS- ZYTKO - Appeal No. 3395 - Vari- ance to the Zoning Ordinance, Article III, Section 109-31, Bulk Schedule, for approval of insuffi- cient lot width (road frontage) of this proposed 80,000 sq. ft. parcel to be set-off from 27.934 acres, located on the west side of Al- drich Lane, Mattituck, NY; County Tax Map District 1000, Section 124, Block.l, Lot. 2. 7:50 p.m. DONALD W. AND JUDITH LUCHSINGER - Ap- peal No. 3397 - Variance to the Zoning Ordinance, Article XI, S~tton 100-119.2(B) for p~rmis- siSn .to construct addition to dwelling with insufficient set- back from the ordinary highwa- tar mark along Deep Hole Creek, premises known as 830 Lupton's Point, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 16. 7:55 p.m. HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning Ordinance, Article III, Section 100-31. Bul Schedule, for approval of insufficient lot area and lot width &one parcel in this proposed division of land located on the south side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 1, Lot. 14.1 (14). ~_ AS:00 p.m. PHILIP G. HORTON ppeal No. 3~92 ~ ~ the Zoning Ordinance, Article III, Section 100-31, and Article ri, Section 100-61, for the ap- ,royal of insufficient lot area and ~idth of parcels in this proposed set-off division of land located at the South Side of Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block g)3, Lot 005. 8:05 p.m. THEODORE AND MARIE PETIKAS - Appeal No. 3389 - Variance to the Zoning Or- dinance, Article II, Section 100- 22(D) for permission to utilize en- tire premises (located partly in the "A" Residential Zone and partly in the "B-Light" Business Zone) for "B-Light" Business use in accordance with Article VI, Section 100-60. Location of Prop- erty: Corner of North (Main) Road and Sound Road, Green- pert, NY; County Tax Map Dis- trict 100, S~tion 35, Block 01, Lot 8. The Board of Appeals will hear at said time and place all persons desiring to b~ heard in each of the above matters. Written eom- menta may al~o be submittod prior to the conclusion of the hearing in question. For more in- formation, please call the Office of the Board of Appeals at 765- 1809 (alt. 1802). BY THE ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN DATED: September 12, 1985 1TS23-5024 STATEOF NEWYORK ) ! SS: COUNTY OF SUFFOLK ) ~ary .... v. ~ .... v,,~n ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 2 6 dayof September 19 85 "/ / Sworn to ~efor~ me t~is ~NN M ~6ME rk Southold Town Board of Appeals MAIN ROAD- STAT~" ROAD 25 SOUTHOLD, L.I., N.Y. '1'19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. ]:{ .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLAI~%TION ROBERT J. DOUGLASS JOSEPHH. SAWICKI Notice of Determination of N<,n_-__Significance AI~I?EAL NO.: 3392 PROJECT NAME: Philip Horton This notice is issued pursuant to Part 617 of tile implementing regulations pertaining to Article 8 of tile 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 tile 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 similsr project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient area and width in this proposed set-off division pending before the P.B. LOCATION OF PROJECT: Town of Southold, County of Sbffolk, more particularly kqown as: South Side Main Road, Peconic, NY CTM~ 1000-85-3-5 REASON(S) SUPPORTING THI~ DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to tile environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Towu 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. br Southold, N.Y. 11971 (516) 765-1938 August 28, 1985 Mr. Michael Hall Attorney at Law Young's Avenue Southold, NY 11971 Re: Set-off for Philip G. Horton Dear Mr. Hall: The Southold Town Planning Board application at the meeting of August comments to the Board of Appeals for reviewed the above mentioned 26, 1985 and offer the following their review. The Planning Board is in favor of the proposal providing that the parcel to be set-off is merged with the parcel to the East. Since the set-off parcel is zoned both A and B1, it would not be sufficient for businesses uses unless it is merged. ~efer to Section 100-22 D of the Town Code.) The Planning Board, also, requests that surveys be prepared indicating any existing structures on the site, and the square footage of the area in each zone. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD c/.' Board of Appeals By Diane M. Schultze, Secretary TG~ OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~,, "~ '/~.~- DATE July 24~--1985 Name of Appellor~t Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Augu.s.t 6, 1985 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x~ , Nome of Applicant for permit of .1.050 Y.o.p.n~s Ave., So.~thold, N.e.w York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for se.t-off 1. LOCATION OF THE PROPERTY no# Maih Road, Pe~onic B-I/A Res Street Use District on Zoning Map 85-3-5 /V~op 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.) Bulk and parkin6 schedule. Art. VI Sect. 100-61 ~lso Art. III Sect 3, TYPE OF APPEAL Appeal is mode herewith for (X~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 100-31 4. PREVIOUS APPEAL'A previous appeal ~b~[~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for a variance end was made in Appeal No ................................. Doted ...................................................................... ( ) (xx) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that set-off lot will only be Main Road and ordinance requires 150 feet wide. 90 feet wide on Form ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because without the variance the owner will not be able to properly utilize the entire parcel. 2. The hordshipcreotedis UNIQUE andisnotshared by all prope~ies alike in ~e immediate vicinity ofthis prope~y and in this un district becau~ the parcel to be subdivided is much wider than all ot~er parcels in the vicihity which front on the Main Road. 3~ The Variance would observe the ~irit of~he O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ the average width of parcels in that section and on that side of Main Road is similar to the 90 foot width of the property lot and the width variance is the only variance soughtl the set-off parcel will.be 34,100 square feet and between 240 and ,439 feet deep. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Sworn to this 24th Jul .............................................. day of ............... ~. ....................................... 19 85 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ?hilip (3. Horton to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER ( ! YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (:~$e~lxfz~,x~l~l:ia~:~Sq:}exi~kBecmi~xL~:~t:~a:x:) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: $CTM 1000-85-3-5 South side of Main Road, Peconic, New York 3. That theproperty which is the subject of such Petition is located in the following zoning district: 200 feet B-l/ 200 feet + or - A-Res. 4. That by such Petition, the undersigned will request the following relief: variance of bulk and parking schedule relating only to lot width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III/VI Sectic~ 100-31/100-61 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed i~ the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (5'16) 76'5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; 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: August 6, 1985 Petitioner Michael J. Hall for POhilip G. Horton Post QSfice Address xoungs Avenue Southold, NY 11971 '' PROOF OF MAILING OF NOTICF Thomas Poliwoda & wf. Albert Krupski & wf. Richard Lebkuecher Adam V. Doroski Robert & Frank Klos PO Box 941, Southold, NY Main Road, Peconic, NY Main Road, Cutchogue, NY Bay Avenue, Cutchouge, NY PS Form ~800, Feb. 1982 * U.S.G,P.O, 1983-403-; ~ o ~ ~ ~ 10 back ~ ? o · ~ ~-¢eo~'O'd*O's*n * ~eSr 'qed ' 88 mJod Sd ~ ~~ ~~~0 Feb 1982 , U.S.G.P.O.1983-403*517 ~~~ pSForm~0 ........ , :, ~ ~ ~ ~ 3~ I ~ ~ NEW YORK ) z~s*so*-Se6~'o'a'o's'n * ~-~ COUNTY OF SUFFOLK ) ss.: ~ Elizabeth Lademann residinsat Cutchogue, New York , be,ns du y sworn, depots and says that on the of, rA~gtlSt ' ',19 u~ , deponent mailed a true copy of the Notice Set forth on the re- verse side hereof, directed tp' each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said perso.s are the addresses of said Persons as shown on the curren~t assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at 3Outho id, New York ; that said Notices were mailed to each of said persons by (certified) ~d~ mai[ ' Sworn to blefore me this 6 t h day ,of =~'u_g u s ~ ~ ,19 . N/etar~' Publi~c 85 ~iizabeth -Lademann ' IJ, IIALL Th~ N.Y.S. Environmentai Quality I!iiview Aci: req,ires tub.- mission of this fei , and an erlvirornT!(?i~tal reiw will be made by this board ~fore any actio, is takc'n.~ (a) In cr.i~r to answer the questien~ In tn~s sh~,rt £AF !~ t~ ~,~sumeJ that the ]~ely ~n~ct.~ of the ac~icn, i~ is not expected that additional ~%ul~e':~ r~arc~ (c~ If all que~tions kaYO been answered ~;o ~; is likely t~t this project I~ (d) .vnv lrc.~:~enta~ A~se s.~mn ~ t 1. Will ~.'oj!~c*4 result in a large 2, WI].I there be a .'raJ~..r change to :.,/ ~mlque o:' WLI1 Fro?ti alter or hay. a largo ~f£act, cn an existing body of water? · , · ~o,~dw~ter quality? . . * , * W~i projc2~ ~t~niflcantly .ffec~ dral~m 6. Will project affect any t~-~ateneo Cr endanzered 7. W~I prc.~ect result in a maJcr adverse effect W~l project have a major effect on vl~al 9. Will project adversely L~pact any site or ute of historic, pro-aistoric, or paleontoio~lc~ lm~ortanco or any site desl~-asted as a critical environmen~l area by a Icca~ agency? · · · 10. W~il project have a m~jor effec% on existing er 11. Will project result in ~Jor traffic problems or 12. Will project re~a~-ly cause o%~jectlon~b]e noise~ gta~e, vibration, or eleo~Jlcal di~tur~- 13. Will project have ant impac~ on pub [c hda~[h safety" · . , . . · . , . , · 1L. Will project g/feet the existlnK com'~unlLy by period ~ have a maio~ negative ell'ccc on tie .... Philip G. ~rton Yes .~ ):o Yes .~-~N No Yes -~ 1;c July 24, 1985 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., 5tony 13rook0 NY 1179u,, (tel. 516-751--7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their 5tony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [ ] 4. [ ] 5. [ ] [ ] 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 waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: 50' existing road existing structures bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas, This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the 'requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k p ,L/ / /_ ~. /-/OX27'OA/