The URL can be used to link to this page

Home My WebLink About3384Southold Town Board of Appeals MAIN I~0AD- STATE I~0AO 25 SOUTHOLD, /.I., N.Y. 11971 TELEPHONE (516) 765-'1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3384 Application Dated July 26, ]985 (Public Hearing August 22, ]985) TO: [Appellant(s)] Mr. Charles B. Fraser 7325 Nassau Point Road Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on August 22, ]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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ] Request for Application of the ESTATE OF LELAND B. FRASER - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to convey 6,196± sq, ft. of land to Subdivision Lot #125 and 9,300± sq. ft. of land to Subdivision Lot #128, which will reduce the remaining parcel (consisting partly of Lots #126 and #127) to an area of 49,176± sq. ft. and lot width of 161.57± feet. Location of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map District 1000, Section 118, Block 03, Lot 3 (and Lots 2 and 4). WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of the ESTATE OF LELAND B. FRASER, Appeal No. 3384; and WHEREAS, the mentation entered there has been no board members have into the record in public opposition; considered all testimony and docu- this matter, and it is noted that and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to reduce a parcel of land to consist partly of Lots #126 and #127 to an area of 49,176± sq. ft. and lot width of 161.57± sq. ft. promulgated by the conveyance of two sections, the first of 6,196 sq. ft. which will be merged with Subdivision Lot #125, and the second of 9,300± sq. ft. which will be merged with Subdivision Lot #128, Nassau Point Subdivision Map No. 156 at Cutchogue. 2. The parcel lot area of 65,112 Point Road. as exists contains Lots #126 and #127, for a total sq. ft. and 210.07 feet of frontage along Nassau (CONTINUED ON PAGE TWO) DATED: September 6, Form ZB4 (rev. 12/81) 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3384 Matter of ESTATE OF [ELAND B. FRASER Decision Rendered August 22, 1985 3. It is noted for the record that: (a) by letter dated August 14, 1985 from the Southold Town Planning Board, action was taken by them approving the lot line change subject to an area variance from this board; (b) the property in question has remained unchanged since the enactment of one-acre zoning in 1971. In considering this appeal, the board finds and determines that: (a) this proposal is consistent with and will promote the general purposes and intent of zoning; (b) the relief requested is unique; (c) in view of the manner in which the difficulty arose, there is no other method feasible under the circumstances for appellant to pursue other than a variance; (d) the granting of this variance will not change the character of the district; (e) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief as requested under Appeal No. 3384 in the Matter of the Application for the ESTATE OF LELAND B. FRASER for approval of the remaining area of the parcel in question of 49,716 sq. ft. and lot width of 161.57 sq. ft., in conveying 6,196 sq. ft. to the southerly parcel known as Lot #125 for a total of 51,716 sq. ft., and conveying 9,300 sq. ft. to the northerly parcel known as Lot #128 for a total area of 36,205 sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Portions of lot conveyed as requested are not to be recognized as single or separate building lots, and each strip conveyance will be merged to the respective abutting property; 2. The remaining lot of 49,716 sq. ft. shall be recognized as only one single building lot for one dwelling as permitted by Article III of the Zoning Code. 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 P. GOEH~ING~E~ CHA[-~MAN r/x'September 7 , 198~,~ RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.km~K DAT~ ¢/×~/?~- HOUR/~ .,o ~ Town Clerk, Town o! Southold GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 Road, Southold, NY, at a. Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 22, 1985, and as follows: 7:30 p.m. HOWARD HOEY - 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 D~strict 1000, Section 19, BLock O1, Lot 14 (14.1). 7:35 p.m. ESTATE OF LELAND B. FRASER Variance to the Zoning Ordinance, Article III, Section ]00-31, Bulk Schedule, for permis- sion to convey 6,196± sq. ft. of land to Subdivision Lot #725 and 9,300± sq. ft. of land to Subdivision Lot #128, ~hich will r~duc~' the remaining parcel (consisting partl:y of Lots #126 and #127) to an area of 49,716± sq. ft. in area and lot width of 161.57± feet. Location of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, ]28; County Tax Map District lO00, Section 118, Block 03, Lot 3,(and Lots 2 and 4). 7:40 p.m. GEORGE AND ALICE GLOGG - Variance ~o the Zoning Ordinance, Article III, Section lO0-30(A), and Article XI, Section 'P~g'~'_-.2~ Legal Notice of Hearings So_u.~hol~_d Tr~wn__ Board of Appeals ~ ~R?~.g..~,l-ar- Meeting of August 22, 1'985 ~- lO0-118(E) for permission to construct addition, of the fair of Property: District lO00, '~,--' "7:45 p..m. Cutchogue, NY value of the existing nonconforming 11255 Sound Avenue, Mattituck, NY; Section 141, Block 03, Lot 6.3. which exceeds 50% building. Location County Tax Map JOHN MITSINIKOS AND OTHERS, 72A Nassau Point Road, for a variance to the zoning Ordinance, Article III, Section 100-32 for permission to construct tennis court in-front- yard area-and fence i-n excess of-four=feet in height 'as restricted by Article XI, Section lO0-119.1.- Location of Property: 7120 Nassau Point Road (a/k./a 150 Bridge Lane), Cutchogue, NY; County Tax Map District lO00, Section lll, Block 15, Lot 4.1-(4 & 5). 7:50 p.m. NICHOLAS TSIRKAS, 3504 208th Street, Bayside, NY 11361, for--a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(A)[1] for permission to locate proposed dwelling with an insuffic.ient setback from edge of the bank along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern'.Shores Subdivision Map 4586, Lot lt3; County Tax Map District 1000, Section 33, Block Ol~ Lot ]l. : 7:55 p.m. 'PAMELA J. SELLARS Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct attached garage addition with an insufficient easterly sid~yard setback and insufficient total sideyard. Location of-Property': South Side of Westview Drive, Mattltuck, NY; County Tax Map District 1000, Section 139, BLock 01, Lot 23. 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 hearing in question. For further information, please call 765-t809 (or 1802). Dated: August 8, 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 · .-?~ ~.~.~'...~. :..~:-~. ~:~. ~ .~....'.~.o.':,.~ ...... forpe~Rto ~ · .. ~( ~ ......................................... at ~a~o~ o~ope~..'Z ~:~: ~ ..... ~'.~..~.'..f~:...O~J~~.. ~.g:. House No. S~t I Hamlet ......... P P ............................. ~ ...... ~ ........ ~.~ .......... ,, ......... ~..~ ...... "~ 4, ~ ~ ~ ~ I . ~ l < ......... ~ .............. , ......... ~..~..;A~ ........... ~ .......... ~ .......... ~.. ~:.~..~ ...... ~ .......... ~ ........... ~?.L~ ...... ~ ......... // ..... ~'~%,' ~ ~.-j .~ ........... , ................... : .................... Building Inspector RV ~/8o TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellcmt Street and Number ............................ HEREBY APPEAL TO ........................ *J ........ '/~'~i~i~ii~',) ................ ~ .................. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO, ' DATED ~"-~L.~. ~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Street Use District on Zoning Map Mop '4o. 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 auote the Ordinance.) 3 TYPE OF APPEAL Appeal is made herewith for (~') A VARIANCE to the Zoning Ordin.a.nce 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 · t PREVIOUS APPEAL A orevious appeal (h~ ~een made with respect to this decision of the Building respecter or with respect to this property. Such cppeal was ~ ~ request for a special permit ( ) request for a variance and was made in Appea~ No ................................. Dated .................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/~;~) A Variance to the Zoning Ordinance is requested tar T~,e reason mot ~o~ s~t (Continue on other side) REASON FOR APPEAL Continued ] STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saW HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike vicinity of this property end in this use district because in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~,A~^CTER OF mile DISTRICT beco.se ~.~-~.~XC ~/ STATE OF NEW YORK ) ) COUNTY OF ~c=~ ~c--~-~ ) SS Sworn to this ................. ~'z~...'.~.~... ................. day of .................. No.~_4793069 Qu,s[ified in ~County Certificate filed in New York Comm~ss~o~ Expires March 30, OWNER ] STREET FORMER OWNER N l VILLAGE RES. 3// LAND /70 o SEAS. ? FARM IMP. TOTAL DATE !9'6o COMM. IND. CB. j MISC. Est. Mkt, Value AGE NEW Farm Tillc~bie 1 Tillable 2 Tillable 3 Woodbnd NOIgMAL Acre BUILDING CONDITION BELOW Value Per Acre · Valtle ABOVE------ ....[ FRONTAGE ON 'dATER FRONTAGE ON ROAD j BUL.KHE~D DOCK N ,/ /27 126 q Town of Southold Board of Appeals COUNTY OF SUFFOLK Department of Plannin~ 360-5206 September 13, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Nicholas Ippolito Leland B. Fraser Pamela J. Sellars 3377 3384 3388 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTH{3LD, L.I., N.Y. 11971 TELEPHONE (5161 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. OOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Apparels of the Town of Southold, New York, hereby refers Lhe following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III, Section IO0-3I Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Pernlit Appeal No.: 3384 ADPlicant: Estate of Leland B. Fraser [.o(.ation of Affair, ted land: Nassau Point Road, Cutchogue, C{~unty Tax Mar) [tenl tlo.: 1000- II,8-3-3 (2&4) Within !)0() feet Tnwn or Village I~oundary I. ine Body of Watnr (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Other Recreation Area Proposed County, Thruway State or Federally Owned State or Federal Park or or Existing or PrOlmsed Right-~)f Way of Any Stream or Drainage Channel Owned by the County or for V~hich The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant WiLhin One Mite of An Airport. COMMENTS: Applicant is requesting permission to convey land ~nd ~.8.~b~_ ~S!l.~e~ th~ ~m~i~ing par~ Copies of Town ~ile and related Dated: ¢//)0/~,,.~.' documents enclosed for your review. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RClAD- $:'I'ATE RDAD 25 SDUTHI~LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 September 9, 1985 Mr. Charles B. Fraser 7325 Nassau Point Road Cutchogue, NY 11935 Re: Appeal No. 3384 Es%ate of Leland B. Fraser Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. .. In.the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County GERARD P. GOEHRINGER Linda F. Kowalski Secretary Planning Commission Southold Town Board of Appeals MAIN ROAD- .STATE ROAD 2.5 .50UTHOLD, L.I., N.Y. ]19'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 22, 1985 GERARD P, GOEHRINGER, CHAIRMAN S.E. Q. R.A CHARLES GRIGONI$, JR. -- ...... SERGE DOYEN, JR. NEGATIVE ENVIRONMLN 1 Al, DEC],A[,~AT]ON ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of NO.: 3384 >REJECT NAME: Charles Fraser This notice is issued pursuant [o Part 617 of thc 2mplement. ing rt~gulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmenial Conservation Law and Local l,-~w ~44-4 of the Town of Southold. This board determines the within "-~' ' [~ 3cct not to haw~ a signifi- cant adverse effect on the environment foF Lhc r~nsons indicated Please take further notice that this dcclnra,~Jon should not be c~u-,sidered a determination made for any other department o~ agency which mdy also have an application pending fo: thc same ~ simi]~r p~<.~ject. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ DESCRIPTION OF ACTION: insufficint area variance LOCATION OF PROJECT: Town o£ Southold, County ~f sQffolk, more ?a~rtJcu].arly known as: Nassau Point Rd. Cutchogue REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no sicjnificant adverse?_ effects to %he environment are likely to occur should this project be imple- m~l~t~,~d as planned; (2) This is a lot line variance not directly related to new construction by this application. FOR FURTIIER INFOR~HITION, PLEASE CONTACT: Linda Kowalski, Secretary, So~.thold Town Board of Appeals, Town }Iall~ Southold, NY 11971; tel. 516- ~65-1809 or 1802. Copies of this notice sent to the applic~nL ~y his ~]gcnt and posted the Town Clerk Bu]let i~ Board. ti Mr. Charles Fraser Nassau Point Road Cutchogue, New York 11935 7650 Nassau Point Road Cutchogue, New York 11935 May 29, 1985 Dear Chuck: My wife and I want to purchase land from you and/or the estate of Mr. Leland Fraser (RIP). The general description of the land is as follows: Approximate Measurements: 20 ft. width by 310 ft. Nassau Point Road, Cutchogue, New York Southern length of Lot 126 adjoining Lot 125. length Out clear intent is to protect the privacy of our property located on Lot 125. The general terms and conditions are as follows: Price: Subject to surveyors report of exact footage and value of one building lot. $13,000.00. Terms: Payable over 12 months at an annual percentage interest rate of I percent less than the prevailing mortgage rate. APR to be approximately 12 percent. I hope that these terms are acceptable to you and the estate. Sincerely, John J. StacE July 10g 1985 Mr. Charles Fraser Nassau Point Road Cutchogue, N. Y. 11935 Re: Estate of Le!and E. Fraser to John F. Hanley Dear Mr. Fraser: This is to confirm our conversations relating land owned by the Estate of Leland B. Fraser, for which Estate you are the designated Executor. to You and I have agreed that the Estate will sell me, and I will purchase for the sum of $85,000.00, cash, a part of Lots 126 and 127, situate at Nassau Point Road, having approximately 160' frontage on such public road, with 300' depth and approximat%ly 190' width in the rear. I believe that the correct name of the subdivision map is: Amended Map A of Nassau Point, prepared by Young and Young, under date 11/5/84, No. 84-659-A & B. I agree to this purchase with the understanding that your attorneys will prepare and forward a formal Contract of Sale to me, and that you will furlher provide a survey of the premises, together with whatever municipal approvals are necessary, so as to make this parcel of land suitable for the construction of a single-family dwelling according to the Building and Zoning Codes of the Town of Southcld. Very truly yours, JOHN F. HANLEY ~ ..~, ~. / 72~_ .7.:~ 77. /y?/v',O /57/- / t/:5-'-: 7 o JOHN F HANLE¥ S~TY Southold, N.Y. 11971 (516) 765-1938 August 14, 1985 Mr. Charles E. Fraser 8 Mindy Lane Westbury, NY 11590 Re: Estate of Leland Fraser at Nassau Point Dear Mr. Fraser: The following action was taken by the $outhold Town Planning Board, Monday, August 12, 1985. RESOLVED that the Southold Town Planning Board approve the lot line changes for the Estate of Leland Fraser to convey 6,196 square feet to Lot No. 125, and 9,300 square feet to Lot No. 128. Lots No. 126 and 127 will remain as one lot. Lot " Nos..refer to the f~led map of Nassau Point, 1922, as shown on the Howard Young survey dated July 3, 1985. This approval is subject to the approval of the Board of Appeals for an insufficient area variance. If you have any questions, please don't hesitate to.~ont~a~t our office. ~c: Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR. , CH;%IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 125 u z°tu'~''w, Y 2_00I [ot 126 hi ASS AL/ 8000" + Lot 1~7 S 7°53'32''~ ~.~,[ um~ POINT ROAD YOUNG & YOUNG 400 OSTRANDER AVENUE, RiYERHFAD, NEW YORK SURVEY FOR: ESTATE OF LELAND B FRASE~ .,,....'~'tt..~~~.~ TOWN oF SOUTHOLD ~. Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Code of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Seuthold, NY, at a Regular Meet- lng commencing at 7:30 p.m. on THURSDAY, AUGUST 22, 1985, and a~ follows: 7:30 p.m. HOWARD HOEY- Variance to the Zoning Ordi- nance, Article HI, Section 100- 31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this prop- osed division of land located at the South Side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 01, Lot 14 (14.1). f 7:35 pJm. ESTATE OF LE- JLAND B. FRASER - Variance f~ to the Zoning Ordinance, Article ~III, Section 100-31, Bulk ~chedu]e, for permission to con- ivey 6,196 ± sq. ft. of land to Sub- #125 and9;300 ± sq. ft. of land to Subdivision Lot #128, which will reduce the re- parcel (consisting , of LOts #126 and #127) to an area of 49,176-+ sq. t'¢. in area and lot width of 161.57 ± feet. Lo- cation of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map District 1000, Section 118, Block 03, Lot ~3, (and Lots 2 and 4). ~7:40 p.m. GEORGE AND ~LICE GLOGG .. Variance to ·ne Zoning Ordinance, Article III, Section 100-30(A), and Arti- cie XI, Section 100-118(E) for permission to construct addition, which exceeds 50% of the fair value of the existing noncon- forming building. Location of Property: 11255 Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot' 6.3. 7:45 p.m. JOHN MIT- SINIKOS AND OTHERS, 72A Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for pprmission to con- struct tennis court in frontyard · area and fence in'ss of four- feet in height as restricted by Ar- ticle XI, Section 100-119.1. Loca- tion of Property: 7120 Na~au Point Road (adrda 150 Bridge Lane), Cutchogue, NY; County Tax Map District 1000, Section 111, Block 15, Lot 4.1 (4 & 5). 7:50 p.m. NICHOLAS TSIR- RAS, 3504 208th Street, Bayside, NY 11361, for a Vari- ance to the Zoning Ordinance, Article XI, Section 100- 119.2(A)[1] for permission to lo- cate proposed dwelling with an insufficient setback from edge of the bank along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenpert, NY; Eastern Shores Subdivision Map 4586, Lot 113; County Tax Map District 1000, Section 33, Block 01, Lot 11. 7:55 p.m. PAMELA J. SEL- LARS -. Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for per-- mission to construct attached garage addition with an insuff- cient easterly sideyard setback and insufficient total sideyard. Location of Property: South Side of Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 139, Block 01, Lot 23. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For further information, please call 765- 1809 (or 1802). Dated: August 8, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGEB CHA1RMA1~ 1TA15-4988 egumrly published in ;h week for one ~ncing on the ].5 19 ~5 rincipel Clerk ANN M ABAIE .... .... v ~'° ~ 19~RY PUELIC, State of New York NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of th~ Town Law and the Code of the Town of Southold, the following public hea~thgs will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY, at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 22, 1985, and as follows: 7:30 p.m. HOWARD HOEY- Variance to She 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 proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 01, Lot 14 (14.1). toLAT:35 p.m. ESTATE OF LE- ND B. FRASER- Variance the Zoning Ordinance, Af- l ticle III, Section 100-31, Bulk ]Schedule, for permission to · eonv6y 6,196+ sq. ft. of land to Subdivision Lot #125 and ~,300~-~. ft. of land to Sub- Ligisio9 LOt #128, which will ~duce the remaining parcel ~,consisting partly of Lots #126 md #127) to an area of 49,7168. ~q. ft. in area and lot width of 61.57± feet. Location of Pro- erties: West Side of Nassau ~int Road, Cutchogue, NY; qassau Point Subdivision Map t156, Lots 126, 127, 125, 128; 2ounty Tax Map District 1000, ;ectinn 118, Block 03, Lot 3, and Lots 2 and 4). ~:45 p.m. GEORGE AND ALICE GLOGG- Variance to the Zoning Ordinance, Article III, Section 100-30(A), ~nd Ar- ticle XI, Section 100-118(E) for permission to construct addi- tion, which exceeds 50% of the fair value of the existing non- conforming building. Location of Property: 11255 Sound Av- enue, Mattitack, NY; County Tax Map District 1000, Section 141, Block 03, Lot 6.3. 7:45 p.m. JOHN MITSIN- IKOS AND OTHERS, 72A Nassau Point Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct tennis court in front-yard area and fence in ex,:ess of four-feet in height as restricted by Article XI, Sec- Road (a/k/a 150 Bridge Lane), Cutchogue, NY; County Tax Map District 1000, Section 111, Block 15, Lot 4.1 (4 & 5). 7:50 p.m. NICHOLAS TSIR. KAS, 3504 208th Smut, Bay- side, NY 11361, for a Variance to the Zoning Ordinance, Ar- ticle Xl, Section 100-119.2(A) [1] for permission to locate proposed dwelling with an in- sufficient setback from edge of the bank along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113; County Tax Map District 1000, Section 33, Block 01, Lot 11. 7i55 p.m. PAMELA J. SEL- LARS- Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct attached garage addition with an insuf- ficient easterly sideyard set- back and inaufficient total sideyard. Location of Property: South Side of Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 139, Block 01, Lot 23. 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 conclu- sion of the hearing in question. For further information, please call 765-1809 (or 1802). Dated: August 8, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1T-8/15/85(8) 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 ................ ,E/.. ........ weeks successively, commencing on the ......... .~.~. ~. ...... Sworn to before me this /~5- '~ ................ day of ......... ;/, ............ 19 ~4"_~ Notary Public BARBARA FORBES Notary Public, State of New York No. Qualified in Suffolk County Commi.~sion Expires March 30, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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 Page 3 - Legal Notice (continued) Southold Town Board of Appeals Regular Meeting of August 22, 1985 Copies of the notice of hearings mailed to the following 8/13/85: Mr. Nicholas Tsirkas, 35004 208th St, Bayside, NY 11361 Samuel J. GLickman, Esq., ll4 Main Street, Greenport, NY 11944 Mr. Charles E. Fraser, 7325 Nassau Point Road, Cutchogue, NY 11935 Mr. and Mrs. George Glogg, 700 Wavecrest Lane, MattitUck, Ny 11952 Mr. John Mitzinikos, 72A Nassau Point Road, Cutchogue, NY 11935 Mrs. Pamela J. Sellars, 435 Westview Drive, Mattituck, NY 11952 Posted on Posted on Copies to Copy to V. Town Clerk Bulletin Board 8/13J85 ZBA Office Board 8/13/85 ZBA members 8/13/85 Lessard, Building Dept. 8/13/85 JUDITH T, TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 26, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 3384 application of the Estate of Leland B. Fraser, by Charles E. Fraser for a variance. Slso included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department; Short Environmental Assessm ment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; application for a C.O.; survey; and various communications. Judith T. Terry ~, Southold Town Clerk ~IUDGE ROSE GUTHRIE ALEXANDER ~ F'ERDON July 25, 1985 Town of Southold Zoning Board of Appeals Estate of Leland B. Fraser Dear Sirs: We represent Dougall C. Fraser Bank, executors of the Will of Leland B. deceased. and Chemical Fraser, The Estate has applied for a special variance in connection with the proposed sale of a certain parcel of land known as lots 126 and 127 on Nassau Point Road in the Town of Cutchogue which were owned by the decedent. This letter shall confirm that the executors have authorized Charles E. Fraser, decedent's son, to represent the Estate before the Board in the matter of the request for a variance. JR:hm Very truly yours, ~Approved by: Doug/all C~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...c-. ........ of ......................... -. ............... Name of Appellant Street and Number ............................ HEREBY APPEAL TO ............... ~ ..... ~ ......... ;.,.....:.:.... :.......~ ............ .! .................. MUmClpouTy State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........... :.T.. ...................... DATED "l~-~_~ t_ ,,,/ ~ J ~J o05' WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ~..~,~..~..u~......~..,.,..,,~',~,c~. .................................. t.,,~,...[[ ............... Street Use District on Zoning Mop .z 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.) t-}~Z /11 IO0- .3 I / 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 appeal (h~ ~een made with respect to this decision 4. PREVIOUS APPEAL A previous 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,Y~ A Variance to the Zoning Ordinance is requested for the reason that ~o~ z~] (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce procfical difficulties or unneces- saryHARDSHlPbecouse ~d)J)L~.~.~o ~ ~ .~_._~ '/~./~Z~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~'1~. c.~ ,~c~c.r"~ ~.~_~ STATE OF NEW YORK ) ) COUNTY OF I~r=l~ ~bCZ~ ) SS S:'-"-'atlJ re,y. ......... ~ ........... ~. Sworn to this ............................................. day of ....................................................... 19~" Jos J t .; ............................ ROtary Pubhc~tate of New York NO,~-4793069 Qualified ~n {J~JliJill~Co unty Certificate filed in'Ne,¥ York Count~ Commission Expires M~rch 30, 19.,~ BOARD,OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 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 t'? request aGariance~)('sp'ecia! Exfeptigq) (~pefialger-'-mit)o,~A~ o"%~ ~0o. :~g.4'~". ~~ ~,z~~b~o(OthDr)"' [~$rcle choiQe].,~.~ ~ ~ ~&~ 2. That the property which i~ the subi~t of ~e Petition is I~ated adiacent to your property and is~d~- , crlbed~follows: ~ ~ ~ ~ ~ ~ ~ Io00~ tlg-~-~ ~ ~ 3. Th'at the p~opertv which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned wi. request the fo.owing relief: CaoO signed are'5' ThatAr ticlethe provisions~of the ,5outholdse~t.i.c~Town Zoning} O~.2 --C°de3 ~pplicable to the relief sought by the under- [ ] Section 28~-A, New York Town Law for approval of access over right(s)-0f-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the ,5outhold Town Clerk's Office at Main Road. ,5outhold, New York and you ma), then and there examine the same during regular office hours. (516) 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: ~Q-~/~ ~ . Petitioner Owners' Names: Post off , p 523 765 183 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P ~65 184 PROOF OF MAILING OF NOTICE ACH CERTIFIED MAIL RECEIPTS ADDRESS / RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P, tate~ IP ode Ce~ified Fee ~-~ Special Dellvew Fee Restricted OeliveW Fee Return ReceiE~g ~o w.o~.~a~ ~ Date,)~ddress of Delive.~ Postb~ or DaCe ~ STATE OF NEW YORK COUNTY OF SUFFOLK SS.: C,~LL,'~.~.I~'~L,~,~ . bein$ duly sworn, deposes and says that on ;the ~1~. day of '0'-~4 L-~~'~ ,19 _~, deponent mailed a true copy of the Notice set forth on t.he re- verse side hereof, directed to each of the above-named persons at the addresses s~t opposite their respectwe names; that the addresses set opposite the names of said persons are the addresses of said persom as shown on the current a.~essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~'e~u.d,,,L.(~ ~ ~ t~9 ; that said Notices were mailed to each of said persons by (~r6g stered}'mail. ' Sworn to I:hefo_re me this day of ~ ,19 Notary Public HELEN IL DE ~OE (This side does not have to be completed on form transmitted to adjoining property owners,) Fhe N.Y.S. Environmental Uuality Meview Act requires suP- mission of this f~rm, and an environmeHtal view will be made by this boa~before any action is tek SHORT ENVIRON~,~ENTAL ASSFSSMENT .FQI%M (a) In order to answer the questions in this short £AF is is assumed that the preparer will use currently available ln£or~,~tion concerning the project and the l~kely impacts of the action· It is not expected that additional studies, research or other investigations w~ll be undertaXen. (b) If any question has been answered Yes the project may be significant and a ccmpletsd Environmental Assessment Form is necessary. (c) If all questions have been answered No i~ is likely that this project is nc~ significant. (d) Envirom~sntal Assessment 1. W~ll project result in a large physical change to the project site or physically alter more than 10 acres of land? · · . . , · · me Will there be a major change to any unique or unusual land form found on the site? me Will project alter or have a large effect on an existing body of water? · . · , . Will project have a potentially large ~mpact on groundwater quality? · · . . . . . Will project significantly effect drainage flow on adjacent sites? , , , , · · · 6. Will project ~ffect any threatened or endangered plant or an~r, zl species? . . . . . . 7. Will project result in a major adverse effect on air quality? · · . · . · · Will project have a m~jor effect on visual char- acter of the community or scenic views or vistas Will project adversely i~pact any site or struct- ure of historic, pre-historic, or paleontological importance or any site deaig~ate~ as a critical environmental area by a local agency? · · · 10. Will project have a major effect on existing or future recreational opportunities? · · . 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · , · , · · · , , * · * 12. Will project regularly cause objectionable o~ors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? . . · . . · * . · · , . Will project Affect the existing community by directly causing a (rowth in permanent popula- tion of more t~an 5 percent over a one-year period or have a major negative effect on t~e character of the ¢om. munity or neighborhood?. · Yes ,~ No Yes / No Yes / No Yes /No Yes /No Yes /No Yes / No Yes /No Yes Yea _JNo .... Yes_~ No Yes Vy/ No Yes ,/N° Yes 15. Is there public controversy concerning the project? ,. Yes . QUESTtONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The t4ew York State Tidal Wetlands and Use Regulations, G 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 [3rook, NY 11794, (tel. 516-75~.-7900), if you have checked Box ~1 and/or Box#6 below. Please either (;all 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) us 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 waterfro[~t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates [.~y 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 mere than 75' from the landward edge of tidal wetla~ds/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.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 I.aw and to prevent any unnecessary delays in processing your application(s). 10/83lk FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted i ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p~'operty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safeW inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling 3. Copy of certificate of occupancy $1.00 4.Vacant Land C.O. $5.00 $15.00 Date .... .......... New Building ............. Old or Pre-existing Building ............ Vacant Land . .'~ ......... Location of Property .. ?.~..O..d~.....~.~ ....... ,:, ......... House No. Street Owner or Owners of Property ~. County Tax Map No. 1000 Section ... ~./.~'. ...... Block ..... .~ ........ Lot ...... .~. ........ Subdivision j~o.o~C/_J.~ ~a~'" ...Filed Map No. J~'/~ . .Lot No. ./.~,~. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate .../~ ................. Fee Submitted $ ............................. Construction on above described building and permit meets all applicable codes and regulations. Applicant.,. ,~. ,~., ~,i, ,~, ,~,/, ,/~,. ,J ............ Rev. 10-10-78 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SFRGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLO, L.I., N.Y, 11971 }ELEPHONE (516) 765 1809 July 31, 1985 Mr. Charles E. Fraser 7325 Nassau Point Road Cutchogue, NY 11935 Re: Appeal No. 3384 - Estate of Leland B. Fraser Dear Mr. Fraser: We are returning herewith the original letters you left with your appea) application recently since the letters appear to be an offer to purchase the land rather than a letter directly to the town explaining their interests. We have photocopied each of the three letters for the appeal file. Thank you for your cooperation and assistance. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN ~13.~ LJnda Kowalski