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HomeMy WebLinkAbout3250 W/s Cor~lim t~d. ~ (Gram~ Blvd.) ~ , ~o substamdard lots ~I~B: 5/~&/8g DWP - 11/29/84 (P~,~%Z15~84) ..... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3250 ~ppl%c~t~on Dated May 14, 1984 (Public Hearing 11/15/84; P.B. action 8/20) menQeo maps 9/4/84 TO: Gary F]anner 0]sen, Esq. as Attorney [Appellant(s)] for JAMES AND BEULAH RICKETIS Main Road, Box 706 Cutch0gue, NY ]]935 At a Meeting of the Zoning Board of Appeals held on November 29, ]984 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 III , Section ]00-3], Bulk Schedule [ ] Request for '::~W~'~~ES AND BEULAH RICKETTS, Conklin Road, Mattituck,' N~¢' (l~y ~.~0~, s~-~.-T-~'or a variance to fhe Zoning Ordinance, Articles I and III, Section 100-31, (Al06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Code which requires a minimum of 80,000 sq. ft. of lot area and 175 ft. of lot width for each parcel in a proposed division of land. By this application, proposed Parcel No. 1 would have 15,681 sq. ft. with 115.41 ft. frontage along Conklin Road; proposed Parcel No. 2 would have an area of 32,358 sq. ft. with 154.19 ft. along Conklin Road. Each of the premises are part of the 1935 Subdivision of "Mattituck Heights," to wit, Parcel 1 consists of Lots 69 and 70; Parcel 2 consists of part of Plots D and E. Parcel 1 is vacant, and Parcel 2 is improved with a one-story, one-family frame house, and two small accessory storage sheds. For the record, it is noted that the applicants purchased the subject premises by separate deeds, on November 18, 1965, during the 12,500 sq. ft. zoning requirements of the town. The board members have personally viewed the site in question and are familiar with the character of this residential community. In viewing the neighborhood, the board finds a majority of the parcels to be of a size larger, although only by perhaps 7,000+ sq. ft. than proposed Parcel 1. The board members are also familiar with all of the facts and statements given at the public hearing of this matter held on Novem- ber 15, 1984. It is the determination of this board that Parcel 1 is not an average size consistent with the majority of the lots in this immediate area and therefore: (a) the variance requested is not of (CONTINUED ON PAGE TWO) DATED: December 6, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3250 Matter of JAMES AND BEULAH Decision Rendered November RICKETTS 29, 1984 in harmony with and will not promote the general purposes of zoning; (b) the burden of proof is not sufficient to justify the granting of the relief as requested; (c) the relief as requested is substan- tial in relation to the requirements of zoning; (d) the interests of justice will be served by denying the relief, as requested in this application. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief as requested under Appeal No. 3250 in the Matter of JAMES AND BEULAH RICKETTS, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Location of Property: West Side of Conklin Road (a/k/a Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk ~~MAN j December 6, 1984/ ilECEIVED AND FILED BY TEE SOUTHOLD TOWN CLERK To'~n Clerk, Town of Sound NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on T.H~RSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m. and as folq'ow.s: 7:30 p.m. Application forLALEXANDER AND ELIZABETH STOLLMEYE~, by R. Cron Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, B~lk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054-05-45.8 and 45.9 (45~7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold, NY~ 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to establish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equip- ment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel Zoning Ordinance, Articles No. 1000-052-05-058. 7:45 p.m. Application Road, Mattituc'k, NY (by I and for approval of insufficient area parcels in this division of land Conklin Road (Grant Boulevard) Mattituck Parcel No, 1000-139-03-19 and 30 (30.1). 7:55 p.m. Application for JOSEPH A. WANAT, c]o Main Road, Mattituck, NY for a Variance ~o the Article III, Section 100-31, Bulk Schedule, for insufficient width of parcel to be set-off NY; County Tax Map A.~Wickham, Esq., Zoning Ordinance, approval of r~ght-of-way at the north County Tax Map Parcel No. for JAMES AND BEULAH RICKETTS, Conklin G. Olsen, Esq.) for a Variance to the III, Section 100-31, (Al06) and width of two proposed located on the West Side of located on a private side of Bergen Avenue, Mattituck; 1000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN MILESKA, 16045 Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article ~II, Section 100-31, Bulk Schedule, for approval of insufficient area and width of ~wo parcels in this proposed Page 2 Legal Notice of Hearings Southold Town Board of Appeals November 15, 1984 Regular Meeting division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115-04-009, 8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located along Ceda~ Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lo~s 82, 83, 94; County Tax Map Parcel No. t000-90-03-18. 8:15 p.m. Application of MARIE J. PATTERSON, 12 Turnwood Ct., Hempstead, NY 11550 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, ~o ~ohstruct building with an insufficient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:2§ p.m. Application for ROBERT_ DeTREY~ by P. Muller, Meeti~g~house Lane~.Southampton, NY for a Variance to the Zoning Ordinance, ~ Article III, Section 100-31 for permission to construct additi~n to dwelling with insufficien~c sideyards; premises known as 62~25 C.R. 48, Greenport, NY; County Tax Map Parcel ~o~ lO00-40~Ol-~}~& ll. 8:35 p,m. Application for COLGATE DESIGN CORP., c/o W. Esseks~ Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordi-~ nance~to construct building wi~h an insufficient side yard; North Side Main Road, Cutchogue (7-11); 1000-102-05-2~. Persons desiring to appear at the hearing may do so. Communica- tions in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice t~ ~papers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward l0 affidavits of publication to: Board of ~ Main Road, Southold, NY 11971, before November 12, 1984. tel. 765-1809~ rtO~ OF BIJ~D~ DEP~RTI~T SOUTItOLB-, N,Y. NOTICE OF DIIgAI~ROVAL F~/e No ................................ To . ~v...~..~...~.)~.~...~ 2 .......... PL~SE TAKE NOTRE that your application dated ...... ,F4~ ..: ........... at .................... ,~ .... ~*.( .......... ................... ~-~(~.~¢ ........... Location of~op~y ......... ~,?:~Z~&ezx [ Hou~ No. Strut C~unty Tax Map No. t000 S~ct~on .... ~..~ fi .....Block .... ~ ........ Lot . ~ ~. ,~ .~:V .... Buildkng Inspector TOWN OF SOUTHOLD, NEW T~'~ ~lm'~( .~I~L FROM DECISION OF BUILDING INSPECTOR TO THE ~ONINC~ BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. dames NicKeT. T.S an lQ APPEAL Name of Appellant Street and Number .................................. ~..a.~.t..J...t..u..c..k. ............................................ .N.y. .................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ¢ Nome of Applicant for permit of .............. £~zP~ 1.i.n ..Road ................ M~%~iSuC~.:.:L.t ................................. .N..Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE l. LOCATION OF THE PROPERTY ............ ~..o.0..k.~..i..r]...B.o..a..d....(..G..r..a..n..t.. B..o.~l.~..e.v..a..r..d..). ............................ Street Use District on Zoning Mop P.a~.r..t....~f...p~r.9~.9.r..t.y....1~.n.v..9.~..y.e..s..~.~.~9.t.~..~.~.~..~.~ of Map of Mattituck H~Jghts, Map #1184 Mop No. Lot No. 2. PROVISION (S; OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article [and Article ~I. Section A106 and Section 100-31 3 TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zonin9 Map A VARIANCE due ~o lack of access (State of New York Town Law Chap, 62 Cons Art. 16 Sec. 280A Subsection 3 Laws 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building ~nspector or with respect to this property. Such eppeal was ~ ) request for a special permit ( ) request for a variance May 11, 1984 and was mede in Appem] NO ................................. Doted .................................................................... { ) {X) t ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested far the reason that applicants seek zo set off subject premises into two undersized parcels as shown on a survey by RoderJck Van Tuyl dated March 6, 1984, which survey is made a part of this application. Form ZB1 REASOh FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sarx HARDSHIP because app[tcants o~n 1.103 acres toCa~e~on ¢onkltn Roa~ a/k/a Grant Boulevard, Mattituck, NY. Applicants see~::to "set-off" lot #69 and 70 shown on "Map of Mattituck Heights", as a separate building parcel. Said parcel to be set off would contain 15; 681 square feet, which would be g6Berally zn keeping with the size of other parcels in the neighborhood. Applicants' home ts presently located on a lot referred to on Van Tuyl's survey as PLOT D & E, which parcel contains 32,358 square feet. 2. The hardsh p crea~ea is UNIQUE and is not shared by all properties alike n the immediate vicinit~ of this ~roperty and in this use district becouse applicants' nome ts alreay located on the southerly half (PLOT D & E) and lots 69 and 70 to be set off would be generally in keeping with the size of other parcels in the neighborhood. 3. The Variance would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the,parcel to De set off would be keeping with the size of other parcels in the neighborhood and to oeny the Variance wouId required the applicants to suffer a practical, difficu[t and economic hardhip tn that their parcel is oversized, compared to other parceIs in the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ........ .~ ................................. day of .................... / .................................. 19 ~ ~ / Notary Public ~1(:~i I~ii~IO~AIklN N~Y ~, Sram of m~ Y~ No.' 52-~8~Suffo~ C~n~ ~ Commi~ ~ir~ Ma~ 30, 19~ l.~:~.-z-~- -~n~:~ WLb~,GE SUB. FORMER OWNER E LAND IMP. TOTAL .~o o 2'o0 TYPE OF BUILDING FAf~ COMM. CB. MISC. Mkt. V,~lue DATE REMARKS AGE BUILDING CONDITION NEW FAP-,M Tillable 1 Tillable 2 ]]liable 3 ~oodland Swampland i Brushland FJouse Plat NORJ~AAL BELOW Value Per Acre ABOVE Value :P, ONTAGE ON WATER FRONTAGE ON ROAD )EPTH BULKHEAD DOCK OWNER FOf{MER OWNER STRE['~ VILLAGE SUB, SEAS, VL FARM b~,ND ~MP. TOTAL DATE CAMM, CB. MISC Mkt. Value REMARKS TYPE OF BUILDING AGE BUILDING CONDITION FARM Ti~bbJe 2 TiJbble 3 Woodland Swc~mplond Brushland I-Joule Plot Total ~ %~ NOP~AL Acre BELOW Value Per Acre ABOVE Vabe FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKH~,D 1 DOCK [__ OWNER FORMER OWNER ~ES. ~ ~-B SEAS. LAND AGE NEW FARM Tillable 1 Tilbbte 2 Tillable 3 Woodland ]wamplond BrushJond House Plot iTotal IMP: I TOTAt. STREET N S BUILDING CONDITION NORMAL BELOW Acre Value Per Ac re MISC, Mkt: Value SUB. ACR. TYPE OF BUILDING 3ULKHEAD DOCK DEPTH FRONTAGE ON ROAD FRONTAGE ON WATER ABOVE Value 0 o ! JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL $'IA [ IS I'ICS 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 May 14,~19~4 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal Nol. 3250 applicaiion of James & Beulah Ricketts for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disappro~l from the Building Department; and survey. Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JAMES and BEULAS RICKETTS to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Robert Ochsenreiter Suffolk County Mr. & Mrs. Irwin Kolbe Mr. & Mrs. McMahon Mr..& Mrs. Samue! Marcus 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) (Special Exception) (Special Permit) (Other) [¢±r¢le cho±¢e] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by" ~ ~ · East-b~:Conklin Road; South by Suffolk County; West by Farm Road; " West also by Bayer Road. 3. That the property which is the subject of such Petition is located in the following zoning district: Ag r i cu ltura 1 -Res i dent i a ! 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code appllc~ble to the relief sought by the under- signed are ~t3.cle I and ~eot~op A106tand Section 100-31 Article III 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, SOuthold, New York and you may then and there examine the same during regular office hours. (5'16) 765-].809. 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: May ! Gary Flanner O!sen, Esq: Petitioner Post Office Address P.O. Box 38, Main Road, Mattituck, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Robert Ochsenreiter County of Suffolk> Mr. and Mrs. Irwin Kolbe, Mr. & Mrs. Joseph McMahon Mr. & Mrs. Samuel Marcus P 572 917 062 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr. & Mrs. Samuel Marcus Street and No. Baver Road P.O., State and ZIP Code Mattituck, NY 11952 Postage $ X Certified Fee Special-Delivery Fee ~ Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered X P 572 Bayer Road, Mattituck, NY 11952 County Center, Riverhead, NY 11901 Farm Road, Mattituck, NY 11952 36-08 211th Street, Bayside, NY 11361 Bayer Road, Mattituck, NY 11952 917 063 ~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) Sent to M~ and Mrs_ ,ln~,nh MrMaI 3n Street and No. 36 O~ 2!!th Street P.O., State and ZIP Code Rayqid~; NY 113( $ Postage X ~ertified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing ~ whom and Date Delivered X P 572 917 067 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Sent to COUNTY OF SUFFOLK Street and No. COU.gTY P.O., State and ZIP Code RIVERHEAD. NY 11q01 Postage $ X Certified Fee X Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Re~um re?ejp.t .s h oW i n.g~t _o.,w..1~_ m, " PS Form 3800, Feb. 1982 * U.S.G.P.O. 198a-40a-517 the rice at (certified Mattituck, NY (registered) mail. current assessment roll of the Town of So~ ...... , .,,.. ~mu ,~.,,~ wclc ma.~u at I. nc Unltea ~[a[es rost u~- ; that said Notices were mailed to each of said persons by Sworn to before e~"~l 1ih/// ,, day of Nay /../// /,19 84 .~-- Not~r/y Public ' / : : Eleanor Jones OUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New 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. 516-75F-7900), if you have checked Box #1 and/or Box #6 below, Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approve 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. [ ] 5. [ I e. [ ] 7. ¥1aterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least t00' 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 fay 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 a~n existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront 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 [_aw and to prevent any unnecessary delays in processing your application(s). 10/931k 0 0 0 0 0 SHORT r ,~ · ~NTIR. O ~4~ ?TAL ASS?SS?~--NT FOP. M INSTR. UCTIO~S: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available ~nfor~..ation concerning the proJsct and likely impacts of the action, It is not expected that additional atudies~ resear:h or other investigations will be undertaken,' I (b) If any question has been answered Yes:the project r. ay be significant and a comp!sLed Environmental Assessment Fqrm is neceSsa~/. (c) If all questions have been answered No it is'ilikely no.._~t significant, (d) Luviro~ental Assessment 1, WJ_ll project result in a large physical change to the project site or physically alte~ more than 10 acres of land? , , , .... · · · · Yes X No 2, Will there be a major change to Any unique or unusual land fo~--m found On the site? , · · Yes. ~ No 3- W~-ll project alter or have a lares offset on an existing body of water? , , , , , · · · Yes X No Will pro~ect have a potentially large impac~on Will project significantly effect drainage flow on adjacen~ sites? 6, Will project affect any threatened or endangered plant or an~al soeoies? , , · · , , , · · Yes X No 7, Will project result in a major adverse effect on air quality? · · · · · · , · · · Yes X No 8, Will project have a major effect on visual char~ actor of the oom.~unity or scenic views or vistas X known to be important to the community? · · · Yes., No 9, Will project adversely impact, any site or struct- ure of historic, pre-historio~ or paleontological i~portanoe or any site designated as a critical envirommental area by a local agency? · · · . Yes X No 10,' Will project have a major effect on existi~g or future recreational opportunities~ · · · Yes X No 11. Will project result in major traffic problems or cause a major effect to existinE transportation systems? · · · · · · · · · · · · Yes. X No 12, Will project regularly cause objectionable odors~ noise~ ~lare, vibration, or electrical disturb- ance as a result of the project's operation? ; Yes X No 13. Will project have any impact on public health or safety? · · · · · · , o., o , , Yes X No 1L, Will project Effect the existing community by directly causin~ a ~rowth in oermanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on the character of :he Com.~unity crneighborhood?, , "Yes X No 15. Is there public controversy concerning the pro~eet? Yes X No PREPA~EK'S SIGNATL~E: Gar~/~: farmer Olsen TITLE: Attorney at law REPRESENTI?rG: ,}~/Xm~/and Be~ah R~t~ketts DATE: May 11, 1984 (. GaRY FLANNER OLSEN COUNSELLOR At LAW P. O. BOX 38 · MAIN ROAD - MATTITUCK, LONG ISLAND, NEW YORK 11952 ' PHONE 516 E:98-4844 Fay 11, 1984 Re: Ricketts Variance File #3728 Gentlemen: Enclosed herewith, please find a Variance Application to "set off" an under-sized parce! from other property owned byJJ~e applicants, along with the filing fee of $~0.00. A simultan96us ~pplication has been made to the Planning Board for a "set of7' Very tru!y yours,: >'?':,:-k" GFO/emj Enc!osure Southold Town Zoning Board of Appeals Main Road Southo~d ~ NY 11971 CC: Southold Town P!anning Board Main Road. Southo!d, NY 11971 ZBA ZBA November 15, 1984 P.5 (Wickham Hearing - Continued) GAIL WICKHAM: Yes, I would like to address your proposed condition about the rear yard. Part of the problem is this equipment is on very large vehicles and you look at the site plan and there is a maintenance yard to the rear of the building, but the access to it would basically be through a gate and they may not be able to maneuver some of that big equipment back there. And that why it would be also be shown in the area in the front of the building. If all this property is heavily screened, I don't think you are going to have this problem of being terribly visible. That's just a practical matter CHAIRMAN GOEHRINGER: I was only referring tO, since you are asking to have some relief in the area, I was referring to that as possibly an appropriate condition in lieu of some .... GAIL WICKHAM: I don't know that we are asking for relief from the screening, just for the board to consider a different type of screening, but certainly that can be further tightened up at the Planning Board, but where's there is a dense, natural vegetation, we thought that might serve in lieu of artificial. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak on behalf of this application? Anybody like to speak against the application? Mr. Wickham. MR. WICKHAM: May I say that I don't mean to seem pretentious for us to come down here and tell you what we'd like to have. If you thought well of it, either any of the three could meet with some of your people and discuss it briefly at your convenience. CHAIRMAN GOEHRINGER: Okay. I ~hank you very much. The~e being no further questions, I make a motion closing this hearing reserving decision until later. Thank you again for coming in. ************************************************************ At 8:05 p.m. - Public Hearing was held in the matter of JAMES and BEULAH RICKETTS, Application #3250 for a Variance for approval of insufficient area and width of two proposed parcels, Suffolk County Tax Map 1000-139-03-19 and 30. Chairman read the legal notice of hearing in its entirety and appeal application for the record. GARY OLSEN: My name is Gary Olsen. I am an attorney having my offices on Main Road, Cutchogue. I represent James and Beulah Ricketts, the applicants herein. As I said in the application, the applicants presently own three parcels on a map designated as "Mattituck Heights", filed in the Suffolk County Clerk's Office, map number 1184. The parcels in question ZBA November 15, ]984 - ZBA P.6 (Ricketts Hearing - Continued) "D" and "E" on the filed map ~ GARY OLSEN - continued: are lot as well as lot #69 and 70. What the applicants seek to do is set off lots 69 and 70, basically plot "D". The plot "D" would contain the house and it would have an area of 32,358 s.f., with . frontage on Conklin Road, also known as Gran~ Boulevard of 154' and the second parcel would be the combined lot from 69 and 70 which would have frontage on the road ~ 115.41' and it would have an area of 15,681 s.f.. The configuration of the property is that it's high on the northerly end and slopes down to the southerly end, the house on plot "D" has a roadway coming off of Conklin Road or Grant Boulevard and the house basically faces on this driveway or roadway, so, as far as the configu- ration is concerned, if all present structures are on the southerly half of the property. I have talked to the applicants and they would be willing, if the zoning board should grant the area variance, they would not come back and ever ask for a re- split of the property. But actually what prompted this until the present 1983-84 tax bill, the applicants were getting two separate tax bills. They were getting one separate tax bill for lots 69 and 70 and they were getting another bill for lo~ plot "D" and a small tax bill for plot "E", which is basically meadow. IF you look at the other lots in the community, the whole subdivision known as "Mattituck Heights" pre-exists zoning, and none of the parcels in the area conform to the present 8,000 s.f. zoning requirements. The parcel to be set off would contain 15,681 s.f., which is over 25% more ~ area than the average size of the other parcels in the com-~ munity. So, the granting of the variance is not going to substantially change, or in no way change, the character of the neighborhood. It would present a practical difficulty and an unnecessary hardship for these applicants to have an oversized parcel compared to the other pieces in the neigh- borhood. As you are aware, the present zoning code does permit the ZBA to vary or modify the application of the zoning regulations so that the spirit of the chapter will be observed, for the safety and welfare and substantial justice done. I think in determination, the board considers, among other things, character and existing uses in the dis- trict, conservation of property value, the affect that the proposed variance would have in conjunction with traffic con- gestion, the availability of water and sewage disposal and other matter. I think if you review the standards that the board will have to look at when they decide if a variance should be granted, that there is no way that it could be ar- gued that the granting of this variance, is in any way going to jeopardize the zoning code, since this whole subdivision pre-exists present zoning standards. I also have Mr. Lance Larsen here tonight, he's an independent appraiser, who has looked at the property and will discuss the economic impact to Mr. and Mrs. Ricketts in the event that this application should not be granted. Mr. and Mrs. Ricketts are also here if you have any questions that you might like to ask of them. ~ Thank you. ZBA P.7 ZBA - November 15, 1984 (Ricketts Hearing - Continued) LANCE LARSEN: Good evening. My name is Lance Larsen. I am a real estate appraiser. I have an office here on the Main Road, Southold. I was retained by Mr. Olsen to take a look at the property for the purpose of establishing market value of the parcel owned by Mr. and Mrs. Ricketts, as the property cur- rently exists and with the proposed setoff of the parcel and the remainder port~n being the ~95it~ _ I believe you should have a copy of my appraisal report in front of you, so I would like to refer to a few of the items that are noted in it. The alternative address of ~is property is Grant Blvd. or Grant Avenue, it depends on which map you look at, okay, the Mattituck Heights map shows it as Grant Boulevard and the Suffolk County Tax Map shows it as Grant Avenue, so you will see a conflict there. The conclusion was predicated on what the site would sell for as it existed as a 1.103 acre parcel based on a survey done by Mr. Van Tuyl as~.op- posed to what the two parcels separately would be worth. The single sets requirements for a single lot in that area in market value tops, appear to be in the area of $25,000 for a one acre lot. The smaller portion lots ran between $18,000 and $23,000 based on other sales. Predicated on this analysis and the appraisal of which you have a copy of, it was my opinion that there would be an economic diminution of $15,000 to the Ricketts as a result of an assemblage that was performed by the Southold Town Assessor's in March 1980. There is one other point I want to bring out. The setoff lot would be approximately 25.5% larger than predominant lots in the neighborhood. That was based on the lots that were facing on Conklin and Mary's Road as well as the lots on. Bayer Freeman Avenue lots which were combined at a later date, I believe that those parcels were improved somewhere in the area of 1967 to 1972, they had been increased at that time and were under separate ownership of a different nature. CHAIRMAN GOEHRINGER: Are you talking about the increase in reference to the wetlands area in back of those parcels? LANCE LARSEN: NO, I'm talking about the specific lots on the north side of Freeman Avenue, which are now shown as 100' par- cels. There were several there at that time were 50' parcels.. they were increased to 100, which would approximately be the same land area as the proposed setoff. The remainder parcels in the neighborhood are all of a smaller nature. CHAIRMAN GOEHRINGER: Thank you very much. Mr. Olsen. GARY OLSEN: I would like to submit at this time a copy of the Suffolk County Tax Map showing the area and general size and shape of the other parcels in the community, and I've outlined in red ink the subject premises as one total piece, just to help you identify. I think if you look at it, you will see that what we want to do would generally be in keeping with the size and shape of the rest of the neighborhood. The current tax map shows the parcel as being Lot ~30.001. That particular ZBA - November 15, 1984 ZBA P.8 (Ricketts Hearing - Continued) GARY OLSEN - Continued: tax maps shows the two lots existing as lot "19" and lot "30", which is exactly where the proposed cutoff line is. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak on behalf of this application? Anybody like to speak against the application? Questions from board members? There being no further question, I make a motion closing the hearing reserving decision until later. Thank you very much everybody for coming in. At 8:20 p.m. Public Hearing was held in the matter of JOSEPH A. WANAT, Application #3217, for a Variance to approve insufficient width of parcel to be set off, Suffolk County Tax Map 100-112-01-016. GAIL WICKHAM: I would like to tell the board I was sorry I could not make the last hearing and thank them for recessing it until tonight. I think that the application which was read at the last hearing does contain the basic fact setting forth the practical difficulties. We've got a lot in excess of two acres with 150' width, which is comparable to those other properties in the area. To meet the 175' requirement would involve expanding the size of the lot to over 140,000 square feet. The lot must have access and I have looked at the report of the engineer and I understand that those com- ments will probably be incorporated into the conditions.. CHAIRMAN GOEHRINGER: In dealing with this application, what was the nature of the 280A status of the application? Is that our forte or is it... GAIL WICKHAM: That is going to be, as I understand it, the Planning Board's jurisdiction, because the roadway is within the subdivision, which we have applied for. Now the Planning Board denied a subdivision because of insufficient width of Lot 2, so upon action by this board, we will then go back to the Planning Board. CHAIRMAN GOEHRINGER: Which right-of-ways would the Wanat's be using? There are approximately three right-of-ways on there, total of 7.6 acres. There being the east right-of- way, which we refer to as the right-of-way granted to Carrigan McDonald, and the center right-of-way which links up with the right--of-way driveway next to their house. GAIL WICKHAM: Well, that's the one that's been used as part of the operation of the farm, but this right-of-way on the east side is the one that would be granted to lot 2 upon a conveyance. This matter has been pending since March of 1983, at which time 150' was the requi~ent, and I think the application mentioned the purpose of selling that lot was to pay estate taxes and being that the lot would be conveyed separately from the farm, I wouldn't want the access to be C Southold Town Board of Appeals -13- November 29, (Appeal No. 3230 JEAN C. HOLLAND, continued:) 1984 Regular Meeting the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief in the Matter of JEAN C. HOLLAND, PREJUDICE as applied. as requested under Appeal No. 3230 BE AND HEREBY IS DENIED WITHOUT Location of Property: Lots 328 and 327, Map of Nassau Point Club Properties (Section C); Lots 36 and 37, Map of Walter C. Grabie Subdivision; County Tax Map Parcel No. lO00-111-10-OO1 and 018. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RESERVED DECISION: Appeal No. 3250: Upon application for JAMES AND BEULAH RICKETTS, Conklin Road, Mattituck, NY (by G. Olsen, Esq.} for a Variance to the Zoning Ordinance, Articles I and III, Section 100-31, (Al06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). The public hearing on this matter was held on November 15, 1984, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Code which requires a minimum of 80,000 sq. ft. of lot area and 175 ft. of lot width for each parcel in a proposed division of land. By this application, proposed Parcel No. 1 would have 15,681 sq. ft. with 115.41 ft. frontage along Conklin Road; proposed Parcel No. 2 would have an area of 32,358 sq. ft. with 154.19 ft. along Conklin Road. Each of the premises are part of the 1935 Subdivision of "Mattituck Heights," to wit, Parcel 1 consists of Lots 69 and 70; Parcel 2 consists of part of Plots D and E. Parcel 1 is vacant, and Parcel 2 is improved with a one-story, one-family frame house, and two small accessory storage sheds. For the record, it is noted that the applicants purchased the subject premises by separate deeds, on November 18, 1965, during the 12,500 sq. ft. zoning requirements of the town. The board members have personally viewed the site in question and are familiar with the character of this residential community. In viewing the neighborhood, the board finds a majority of the parcels to be of a size larger, although only by perhaps 7,000± sq. ft. than proposed Parcel 1. Southold Town Board of Appeals -14- November 29, 1984 Regular (Appeal No. 3250 JAMES AND BEULAH RICKETTS, continued:) Meeting The board members are also familiar with all of the facts and statements given at the public hearing of this matter held on Novem- ber 15, 1984. It is the determination of this board that Parcel 1 is not of an average size consistent with the majority of the lots in this immediate area and therefore: (a) the variance requested is not in harmony with and will not promote the general purposes of zoning; (b) the burden of proof is not sufficient to justify the granting of the relief as requested; (c) the relief as requested is substan- tial in relation to the requirements of zoning; (d) the interests of justice will be served by denying the relief, as requested in this application. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief as requested under Appeal No. 3250 in the Matter of JAMES AND BEULA~_.RICKETTS, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Location of Property: West Side of Conklin Road (a/k/a Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. RESERVED DECISION: Appeal No. 3287: Upon application of ALFRED AND BARBARA'DiNUNZIO, 6 Glenn Road, Southold, NY for a Variance for appPoval o'f access, New York Town Law, S~cti~n 280-A concerning right-of-.w~y located off t~e east side .pf Wells Road, Peconic, NY; to premises .identified as County Tax Map Parcel No. 1000-75-06-001. The public hearing on this matter was held earlier this evening, at which time the ~hearing was declared closed pending deliberations. The board made the following findings and determination: By this application, appellants seek approval of access over a private right-of-way as shown on the survey prepared by Young & Young, updated July 25, 1984. The subject right-of-way fronts along Wells Road 50 feet and extends from the easterly side of Wells Road in a southeasterly direction a length of 94.00 feet to the appel- ' lants' property, for a total length of llO feet and a width of 16.50 Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance September S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 198# APPEAL NO.: 3250 PROJECT NAME: JAM]ES RICE~TTS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Two substandard lots LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: W/S C0nklin Rd. (Grant B1yd.), Mattituck, NY County Tax Map #1000-139-3-19 & 30 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or environmental area is a 50-foot traveled roadway. (3) Relief requested is not directly related to new construction FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. FLANNER COUNSELLOR AT LAW MAIN ROAD - CUTCHOGUE, LONG ISLAND. NEW YORK 11935 · PHONE 516 73~7666 December 13, 1084 Re: James Ricketts, Variar/ce File # 3728 Dgar Rod: Let this confirm that I have requested your office to re-design the Ricketts "Set-Off",so that the vacant parcel will have exactly 20, 000 square feet. GFO:lmm Very truly yours, Gary r Olsen Roderick Van Tuyl Front Street Greenport, N.Y. 11944 cc: Mr. & Mrs. Ricketts Southold Town Planning Board Zoning Board of Appeals Town of Southold Board of Appeals COUNTY OF SUFFOLK Applicant: Mun. File No.: S.C.P.D. File No.: DEPARTMENT OF PLANNING (516) 360-5513 L~£ ~. KOPP~I. MAN / James & Beulah Rickette ~ 3250 SD-84-23 Gentlemen: ~utsuant to the requirements of Sections 1323 to 1332 of the Suffolk County Cha~ter, the above referenced applicatio~ 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: ~l~e Board of Appeals should cautiously exercise its discretionary power in gkanting such substandard lot area variances which only serve to under- mine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such ~ practice. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeal, MAIN ROAD- STATE RE]AD 2.5 SI3UTHI-ILD, L.I., N.Y. 11971 TELEPHONE (516) 765~780~ 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 III , Section Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit 100-31 Bulk Schedule Appeal No.: 3250 Applicant: JAMES & BEULAH RICKETTS Location of Affected Land: W/S of Conklin Rd. (Grant Blvd.), ~attituck, County Tax Map Item No.: 1000- 139-03-19 & 30 (30.1) Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway XX Boundary of Existing or Proposed County, State or Federally- Owned Land ~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. denied approval of COMMENTS: Applicant is ~~ ~~x~ insufficient area & width of 2 substandard lots. Copies of Town file review. Dated: 12/7/84 and related documents enclosed herewith for your Temp. Secretary, Board o~Appe~ls Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI December 6, 1984 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3250 - James and Beulah Ricketts Dear Mr. Olsen: Please find enclosed a copy of the official and determination in the above matter which has with the Office of the Town Clerk this date. findings been filed Yours very truly, Enclosure Copy of Decision to Suffolk County Planning Southold Town Planning Southold Town GERARD P. GOEHRINGER CHA/RMAN y in a OWalSK1 Commission Board Building Department Southold, N.Y. 11971 (516) 765-1938 August 21, 1984 Mr. Gerard Goehringer Chairman Board of Appeals Southold Town Hall Southold, NY 11971 Re: Ricketts at Mattituck Dear Mr. Goehringer: The following action was taken by the Planning Board, Monday, August 20, 1984. RESOLVED that the Southold Town Planning Board recommend denial of the application of James and Beulah Rickett$ due to the considerably undersized lots which would be created. If you have any questions, please contact us. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN OWN PLANNING BOARD By Diane M. Schaltze, Secretary P S Southold, N.Y. 11971 (516) 765-1938 August 21, 1984 Mr. Gerard Goehringer Chairman Board of Appeals Southold Town Hall Southold, NY 11971 Re: Ricketts at Mattituck Dear Mr. Goehringer: The following action was taken by the Planning Board, Monday, August 20, 1984. RESOLVED that the Southold Town Planning Board recommend denial of the application of James and Beulah Ricketts due to the considerably undersized lots which would be created. If you have any questions, please contact us. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN OWN PLANNING BOARD By Diane MJ Bc~ltze, Secretary D Southold, N.Y. 11971 (516) 765-1938 July 10, 1984 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Ricketts set-off located at Mattituck Dear Mr. Olsen: Upon review of the above mentioned set-off at the Planning Board meeting of July 9., 1984 the Board has the following request. Please indicate on the survey Parcel No. 1 and Parcel No. 2 in order to clarify the piece to be set-off from the remaining land; and eliminate the lot and plot numbers which refer to the Mattituck Heights subdivision previously filed. The Board also requests that a key map be included on the survey. If you have any questions, please don't hesitate to contact this office. Very truly yours, Board of Appeals BENNETT ORLOWSKI,JRo,CHAIRMAN WN PLANNING BOARD By Diane M. Schultze, SecrL~tary ' GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 · MAIN ROAD · CUTCHOGUE, LONG ISLAND, NEW YORK 11935 · PHONE 516 734-7666 July 11, 1984- Re: James E. Ricketts File #3728 Gentlemen: Enclosed herewith, peiase find six copies of the Survey showing the Key Map. Very truly yours, GFO/emj Southold Town Planning Board Town Hail Main Road Southold, NY 1197i CC: Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 GARY F LANNE R//J)I.S EN lapp Southold Town Board o eals MAIN ROAD- STATE ROAD 2~5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 785-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 21, 1984 Gary Flanner Olsen, Main Road, Box 38 Mattituck, NY 11952 Esq. Re: Appeal No. 3250 - James E. and Beulah I. Ricketts Proposed Set-Off at Grant Boulevard, Mattituck Dear Gary: Please be advised that the board, at its Regular Meeting held May 17, 1984, reviewed the subject application; and it was the consensus of the board that this matter be held temporarily in abeyance pending review and comments from the Southold Town Planning Board in accordance with the town's current list of procedures. Yours very truly, CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mr. Gary Flanner Olsen Main Road Mattituck, NY 11952 5outhold, N.Y. 11971 (516) 765-1938 June 6, 1984 Board of ppeal$ own ol oo hold Re: set-off for Ricketts Dear Mr. Olsen: Please let this confirm the action of the Planning Board at the regular meeting of June 4, 1984. Prior to making recommendations to the Board of Appeals regarding the application for a set-off of Ricketts located at Mattituck, the Planning Board will make a field inspection. On review of the map the Board did note that the surrounding lots are small, however, they will make further recommendations after an on-site visit. If you have any questions, please don't hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals By Diane M. Schultze, Secretary 0 MAP OF JAIN/IES E.* E~EULAM I. ~ICK£TT$ GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706. ~tAIN ROAD CUTCHOGUE. L, I., NEW YORK H935 L_ Southold Town Zoning Board Main Road Southold, NY 11971 Re: Ricketts - Variance File #3728 As I understand, the Planning Board has denied this application since lots are under-sized. Please reply as to when this will go before the Zoning qoard. Mattit~ cc: James E. Ricketts P.O. Box 794 1952 / me~r-o^,m 8/2--8/84 8/30/84 Dear Mr. Olsen: I confirmed with your office on 8/24/84 that upon receipt of maps as amended with the Plan,~ ' BOa~d~'thls'ma~ter will be reconsidered for scheduling fo. a public hearing by the board a the earliest possible date (whi~ would be no later than the November Regular Meeting if the ~ maps are received by 9/12). If the maps are submitted next week, there is a good chance that it would be held for a hearing at the October Regular Meeting. Please check with our office on 9/17 for the exact date. yOU. ,~IGNED ~ Thank DATE. 8/30/8~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hail, Main Road, Southold, NY by the Southold Town Board of Al~peals at a Regular Meeting on THURSDAY~ NO- VF. blBER 15~ 1984, commenc- ing at '7:30 p.m. and as follows: 7:30 p.m. Application for ALEXANDER AND ELIZA- ~, byR. Cron Esq., Main Road, Cut- chogue, NY f6r a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054.05- 45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold~ NY 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY Coy A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to estab- lish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052- 05-058. J~AM:45 p.m. Application for ES AND BEULAH RICK- ETTS; Conklin Road, Matti- tuck, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, Articles I and HI, Section 100-31, (A106) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boule- yard, Mattituck, NY; County Tax Map Parcel No. 1000-139- 03-19 and 30 O0.1). 7:an p.m. Application for · ~ c/o A. Wldtham, Esq., Main Road, Matfitucli, NY for a Variance to the Zoning Ordinance, Article IH, Sectiou 100-31. Bulk Schedule, for approval of insufficient width of parcel to be ~t, off located on a private ,right-of-W~y at the north side 0~ Bergen Avenue. Matthuck; 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-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on fhe .................................... day of .............. ....................... Notary Public BARBARA FORBES Notary Pubffe, State of New York No. 480~o846 Qualified in Stfffolk County Commission Expires March 80, 19 °~ Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Tow~ of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Reg- ular Meeting on THURSDAY, NOVEMBER 15, 1984, com- mencing at 7:30 p.m. and as fol- lows: 7:30 p.m. Application for ALE. XANDER AND ELIZABETH 8TOLLMEYER, by R Cron Esq., Main Road, Cutebegue, NY for a Variance to the Zoning Or- dinance, Article IH, Section 100- 31, Bulk Schedule, (Al06) for ap, proval of insufficient area of a parcel to be set-offin this division of land identified as County Tax Map Parcel No. 10004454-05- 45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southokl, NY. 7:35 p.m. Application for JOHN WICKHAM, Main Read, Cutehogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/ 84 decision rendered under Ap, peal No. 3222 and Article VI, Section 10060 in a proposal to establish business office for marine contracting with acces- sory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenpert, NY; Coupty Tax Map tituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Par- cel No. 1000-112-01-016. 8:05 p.m. Application for AN- TONE AND JEAN MIL]ESI/A, 16045 Main Read, Mattituck, NY for a Variance to the Zoning Ordinance, Article IH, Section Parc_ el No. 1000-052445.058. '100-31, Bulk Schedule, for ap- .,~'~*/:45 p.m. Application for'% [ J~AMES AND BEULAH RIC-\~ proval of irmuffcient area and KETI'S, Conklin Read, Mat-J widthoftwoparcelsinthisprop, tituck, NY(byG. Olsen, Esq.)for t osod division of land located on a Variance to the Zoning Ordi- [ theeastsideofMarratookaLane, nance, Articles I and IH, section { Mattituck, NY; County Tax Map 100-31, (A106) for approval ofin. ~ Parcel No. 1000-115-04-009. 8:10 .p.m. Application for sufficient area and width of two £ WINDS WAY BUILDING proposed parcels in this division of land located on the West Side of Conklin Read (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. {,~.~1000-139443-19 and 30 (ao.1)..j '-. 7:55 p.m. Application fo- r JOSEPH A..WANAT, cYo A. Wickh,m. Esq., Main Road, Mat- CORP., cYo R. Bruer, ESq., Main Read, Scuthold, NY for a Vari- ance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval ofinsuff- cient area (and width) of two par- cels in this proposed division of land located along Cedar Point Drive East, Scuthold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PATI'ERSON, 12 Turnwood Ct., Hempstead, NY 11550 for a Variance to the Zon- lng Ordinance, Article IH, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this prop, osed division of land located at the South Side of Pecouic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128- 02-17. 8:20 p.m. Application of SO~ CORP., c/o W. Esseks, ESq., Bot 279, Riverhead, NY for a Variance to the Zoning Ordinance, to COn- struct building with an insuffi- cient side yard at South Side Main Read, Scuthold (7-11 Store), 1000-62-3-37. 8:25 p.m., Application for ROBERT DeTYREy by P. Mul- ler, Meetinghouse Lane, South. ampton, NY for a Variance to the Zoning Ordinance, Article IH, Section 10031 for permission to construct addition to dwelling with insufficient sideya~ds; premises known as 62825 C.R. 48, Greenpert, NY; County Tax Map Parcel No. 1000~40-01.10 & 11. 8:35 ~.m. Application for COL- GATE DESIGN CORP., c/o W. Esseks, ESq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance to con- struct building with an insuff. cient side yard; North Side Main Read, Cutchogue (7-11); 1000- 102445-24. Person~ desiring to appear at the hearing may do so. Com- munications in writing in rela- tion thereto may be filed with our office before or at thi~ hear- lng. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN iTN8-48~ ;K ) ) SS: LK ) of Greenport, in July sworn, says that he/she is HE SUFFOLK TIMES, a Weekly ~ed at Greenport, in the Town :y of Suffolk and State of New ~otice of which the annexed is s been regularly published in )nce each week for (, commencing on the 8 Principal Clerk ethis 8~:h : 19 84 {0% n X, 8 JAMES F_. TOWN OI Legal Notice of Hearings November 15, 1984 Regular Meeting Copies of same forwarded to the following on or about 11/2/84: Richard J. Cron, Esq. for Mr. and Mrs. Stollmeyer Abigail A. Wickham, Esq. for: Mr. John Wickham and Mr. Joseph Wanat Gary Flanner Olsen, Esq. for Mr. and Mrs. James Ricketts Mr. and Mrs. Antone Mileska, Main Road, Mattituck, NY 11952 Rudolph H. Bruer, Esq. for Winds Way B~i.ldin9 Corp. Mrs. Marie J. Patterson, 12 Turnwood Ct., Hempstead, NY 11550 William W. Esseks, Esq. for: Colgate Design Corp. and Southland Corp. Mr. Peter Paul Muller for Mr. Robert DeTrey Supervisor Town Board Members Building Inspectors Town Clerk Bulletin Board ZBA Members Individual ZBA files Suffolk Times L.I. Traveler JUDITH T. TERRY TOWN CLERK 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 May 14~ 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3250 application of James & Beulah Ricketts for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S Tidal Wetlands Land-Use; · Notice of Disappro~l from the Building Department and Southold Town Clerk GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD ' MATTITUCI~. LONG ISLAND, NEW YORK 11952 · PHONE 5J{~ ~98-4844 May 11, 1984 Re: Ricketts Variance File #3728 Gentlemen: Enclosed herewith, please find a Variance Application to "set off" an under-sized parce! from other property owned byAe applicants, along with the filing fee of $~0.00. A simult,a, n96us ~pplication has been made to the P}anning Board for a "set off' / Very tru~~ yours, GFO/emj Enclosure Southold Town Zoning Board of Appeals Main Road Southo~d NY 11971 CC: Southold Town Planning Board Main Road Southold, NY 11971 MAYi 14 1984 TOWN OF SOUTHOLD, NEW YORK Tow. Ck~ ~PEAL FROM DECISION OF BUILDING INSPECTOR ^PP , NO. D^T .... dames NICKeT, T,S and l, (We) .~9.g.]Ab...B. kq~A .................................. of ....... ~.9.9.~.J.~.q..~.~..~q~!~.t..~.~ ............... Name of Appellant Street and Number .................................. ~1~u~ ......................................... NY ............................ HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of .............. £.oAk, l.i.n..Raad ................ Ma~i~u~k.....~ ................................... IlY. ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY ............ ~9~.[.iP..~P]~...(9~O~&..~!.~[~) ............................. Street Use District on Zoning Map ..~..~..ptp~...!.~.¥~!.~..!.~..~..~9~..~O of Map of Mattituck Heights, Map #1184 Mop 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.) Article I and Article III. Section A106 and Section 100~31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated May 11, 1984 ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reason that applicants seek to set off subject Premises into two undersized parcels as shown on a survey by Roderick Van Tuyl dated March 6, 1984, which survey is made a part of this application. Form ZB1 (Continue on other side) REASON FOR APPEAL Con tinued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants own 1.103 acres located on ¢onklln Road a/k/a Grant Boulevard, Mattituck, NY. Applicants seek to "set-off" lot #69 and 70 shown on "Map of Mattituck Heights", as a separate building parcel. Said parcel to be set off would contain 15~ 681 square feet, which would be generally in keeping with the size of other parcels in the neighborhood. Applicants' home is presently located on a lot referred to on Van Tuyl's survey as PLOT D & E which parcel contains 32,358 square feet. ' 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicants' home is alreay located on the southerly half (PLOT D & E) and lots 69 and 70 to be set off would be genera|ly in keeping with the size of other parcels in the neighborhood. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the parcel to be set off would be keeping with the size of other parcels in the neighborhood and to deny the Variance would required the applicants to suffer a practical, difficult and economic hardhip in that their parcel is oversized, compared to other parcels in the neighborhood. STATE OF NEW YORK COUNTY OF SS Sworn to th s 1/ - , .......... 71 ................................. aay or ............ ":"':'t' .................................. ,// Notary Public ~AN HINDERMANN ~ NOTARY PUBLIC, State of New York No. 52-6~65~Suffolk Counw Commission Expires March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JAMES and BEULAS RICKETTS to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Robert Ochsenreiter Suffolk County Mr. & Mrs. Irwin Kolbe Mr. & Mrs. McMahon Mr. & Mrs. Samuel Marcus 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) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of. the Petition is located adiacent to your property and is des- cribed as follows: North by" · East by Conklin Road; South by Suffolk County; West by Farm Road; ' West also by Bayer Road. 3. That the property which is the subject of such Petition is located in the following zoning district: A~ricultural-Residenttal 4. That by such Petition, the undersigned will request the following relief: Tn spt off undersized parcels 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article I and Sect/c~ A106 and Section 100-31 Article III 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (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. Gary F]anner Olsen, Esq. Petitioner Post Office Address P.O. Box 38, Main Road, Mattituck, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Robert Ochsenreiter County of Suffolk Mr. and Mrs. Irwin Kolbe Mr. & Mrs. Joseph McMahon Mr. & Mrs. Samuel Marcus P $?E 917 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROvIDEO NOT FOR INTERNATIONALMAIL Spscia~ Delrye~ Fee ~s/ricted Delive~ Fee Receipt Sh ~hom and Dar Bayer Road, Mattituck, NY 11952 County Center, Riverhead, NY 11901 Farm Road, Mattituck, NY 11952 36-08 211th Street, Bayside, NY 11361 Bayer Road, Mattituck, NY 11952 P 572 917 063 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Sent to Mr: nnd Mrs- ,ln~.nh MrMRt Street and No. 36 08 2!!th Street P.O, State and ZiP Code Ray~id¢: NY Postage P 572 917 067 Certified Fee Special Delivery Fee Restricted Delivery Fee names; that the addresses set opposite the nam Return Receipt Showing 113(1 $ X X On RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) COUNTY OF SUFFOLK 'P.O., State and ZIP Code X Certified Fee X Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered rece. pt showin~..to whom * U.S.G.P.O. 1983-403.517 zo° ~ ~ ~o ~< O~ ~ _ the current assessment roll of the Town of Soul rice at Mattttuck, NY (certified) (registered) mail. Sworn to before ~ Ith/// day of May .~' !~..//19 84_=_ '~' Not r~y Public ' / " ; that said Notices were mailed to each of said persons by Eleanor Jones 0 r~ 0 0 0 0 0 SHORT ENVIROhlqENT.~L ASSESSMENT FORM I STRSC.~ONS. (a) In order to answer the questions in this short SAF is is assumed that the preparer will use currently available ~uforr.~ation concerning the project and the likely impacts of the action, It is not ex-heeLed that additional studiee~ research (b) If any question has been anewered Yea the project may be significant and a (c) If all questions have been answered No it ia likely tb~t this project is no._~t significant. (d) Enviror~ental Assessment 1, Will project result in a large physical chmnga to the project site or physically alter more than 10 acres of land? ......... Yes X No 2, Will there be a major change to any unique or unusual land for~ found on the site? Yea ~ No 3. Will project alter or bmve a large effect on an existing body of water? . . . . . . Yes X No &. Will project have a potentially large impact on gro,~udwater quality? · .... · · . Yes ~ Ne 5. Will project significantly effect drainage flow on adjacent sites? · · · · · · · Yes × No 6. Will project affect any threatened or endangered plant or anLr~l species? .... · · · · Yes X No 7. W~ll project result in a major adverse effect on air quality? .... · . · Yes × No 8. Will project have a mmJor effect on visual char- 9. Will project adversely impact any site or struct- environmental area by a local agency? · · · Yes X No lC. Will project have a major effect on existing or ll. Will project result in major traffic problems or 12. Will project regularly cause Objectionable odors, ance as a result of the project's operation? . Yes ,,X No 1). Will pro~ect have any impact on public health or safety'? ............ Yes X No l&. Will project &ffect the existing community by directly causing a growth in oermanent popula- tion cf more than 5 percent o~er a one-year period c__r have a ma~or negative effect on the character of ~ne com.~unity er neighborhood?, , Yes X No 15. Is there public controversy concerning the project? Yes X No PRE?~ER'S SlGNATt~E: Garj~lanner Olsen TITLE: Attorney at law ~SSS~:TI~.~: ~/~x/and~ Be~ah R~ketts DA?E: MaS 11, 1984 QUEST!ONNAIRE 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 Unil, Building 40, S.U.N.Y., Stony [3rook, NY 11794, (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 Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possibie in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. I ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good cor~dition [ ] the full length of the property [ ] at least t00' in length Not located within 300' of waterfror~t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: I ] [ ] [ ] 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/waterfront 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 witl~ recent photograpi~s of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is r,~ade to explain the requirements of this State [.aw and to prevent any unnecessary delays in processing your application(s). 10/831k