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/ / /_
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