HomeMy WebLinkAbout3246 . pA~I~ICK & McDONALD, MARK S. #32#6 ,~
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ZON!~G DO~.~D OF APPEALS
MA.:N ~OAD . $. ~. ~5
$OUTHOLD~ N.Y,..l~.97~
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions'of the Amended Code of the Town of Southold,
a Regular Meeting and the f~llowing public hearings will be held by
the Southold Town Board of Appeals at the Town Hall, Main Road,
Southold, NY on THURSDAY,. JUNE 21~. 1984, commencing at 7:30 pom. and
as followS:
7:35 p.m. Application for jOHN DENNY_, 333 Warwick Avenue, Tea
Neck, NJ 07666 for a Variance to the Zoning Ordinance, Article Iii,
Section 100-32 for permission to construct accessory garage building
'in the frontyard area at premises, 1255 Private Road #1 (Goose Creek
Lane), Southold, NY; County Tax Map Parcel No. 1000-078-08-009.
7:40 p.m. Application of GEORGE R. TUTHILL, Box 719, Cutchogue,
NY for a Variance to the Zoning Ordinance, Article III, Section
lO0-31 for approval of insufficient area and width of parcels located
at the north side= of Bay Avenue, Cutchogue, NY; Nassau Farms Subdivi-
sion, part of Lot 140; County Tax Hap Parcel No. 1000-104-04-33.
7:45 p.m. Application for DAVID AND JEANNE BRAWNER, Hain Road,
Orient, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 fo~ approval of insufficient area of parcel to be
set-off from an 4.066 acre parcel at the South Side of Main Road,
OrienT; County Tax Map Parcel No. lO00-20-3-28_and part of 11.2.
7:55 p.m. Application of ERNEST AND JEAN STUMPF, 207 Roxbury
Road South, Garden City, NY 11530, for a Variance to the Zoning
Ordinance, Article II!, Section 100-32 (and/or Sectioh 100-31) for
permission to construct raised deck with an insufficient setback
in the side and rear yards at the ~est Side of S. Oakwood Drive,
Laurel; County Tax Map Parcel No. 1000-145-03-005.
8:05 p.m.. Application ¢~r EUSTACE C. E~IKSEN, 1085~estview
Drive, Mat;tituck, NY for a Variance to the Zoning Ordinance,
appealin~ithe December ~2~1983 de£i-sion of the building inspector
~n order to permit the conversion and renovation of a !'guest.
cottage" or second dwelling structure at premises kAown as 1085
West View Drive, Mattituck; County Tax Map Parcel No..1000-t39-1-3.
8:15 p.m. Application of JOHN GR!GONIS, 950 Bayview Road~
Southold, NY for a Variance t~ the Zoning Ordinance, Article III,
Section 100~31 for approval of the construction of new dwelling
with reduction of sideyard setback, at premises located at 860 Main
Bayview Road, Southold; County Tax Map Parcel No. 1000-070~07-016.2.
Page 2 Notice of Hearings
Southold'Town Board of Appeals
Regular Meeting of June 21, 1984
8:20 p.m. Application for-PATRICK CARRIG and MARK S. McDONALD,
(Owners: Eric and Nancy Malm), Richmond Road, Southold, NY for a
Variance for approval of access, New York~Town Law,.Section 280-A,
over a private right-of-way located at the north side of Bergen
Avenue, Mat~ituck, to pre~i~es ~dentified as County Tax Map Parcel
No. 1000-112-1-18, containing approximately 3.9 acres.
8:40 p.m. Application for DOUGLAS MILLE~, Montauk Highway,
Quogue, NY for a Variance for approval of accesses, New York Town
Law, Section 280-A, over two private rights-of-way,~.one known as
"Kirkup Lane" and one as "Laurel Way" located at the South Side of
Sound Avenue, Mattituck, '(near Laurel'), to premises identified as
County Tax Map Parcel No. lO00-121-4-10 containing approximately 7.2
acres.
8:55 p.m. Application for BERTRAM AND MARGERY WALKER recessed
from May 17, 1984 for Variances for: (a) interpretation, (b)
approval of deck.)n sideyard, (c') approval of reduction of livable
floor area and insuff.icient sideyards of dwelling conversion. Peconic
Bay Blvd., Laurel; 1000-145-4-014.
9:15 p.m. Application Of.'ARTHUR R. TRUCKENBRODT, et al., Private
Road, Orient, NY for a.~eversal of the interpretation of the building
inspector concerning a Certificate of Occupancy No. Zl1756 issued
June 21, 1983 to E. Loucopoutos and H. Damianos for an one-family
dwelling and four accessory cottage structures at Private Road No. 7,
(a/k/a Diedericks Road), Orient; County Tax Map Parcel No.
1000-18-03-005 [Current Owners: D.I. Abbott and J.T. Swanson].
Persons having an interest in any of the above mat~ers may be
heard at the time and place specified above. For additional informa-
tion, please contact our office, 765-1809 (or 1802).
Dated: June 5, 1984. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRiNGER
CRAIRMAN
NOTICE TO NEWSPAPERS: Please publish once, to~,~it: .T~'.ur~sd~a~y,
June 7, 1984 and forward 10 affidavits of publication to:
Mrs. L. Kowalski, Secretary, Board of Appeals, Main Road,
Southold, NY 11971, on or before June llth. Thank you.
~'6w~ OF SOUTHOLD, NEW YORK
~JJ~~ECISION OF BUILDING INSPECTOR
TO THE ZONING -BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We) Patrick CarriE & Mark S. McDonaI~¢ Richmond Road~ $~uthold~ N~Y.
Name of Appellant Street and Number
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
FO . Vacant Land C.O.
APPLICATION DATED: 3/4/84 R-
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Name of Applicant for permit
of
Richmond Road, Southold, N.Y.
Street c~n,d Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD ,,
1, LOCATION OF THE PROPERTY ....gJ. qZ~..~/.,s...~..e.~ge.~....A~.,e.~..~.A,..~.~..t.~:.,l.~,B.9.~ ............................
Street and Hamlet zor~
OWNER(S): Eric S. & Nancy S~ Malta
Mop No, Lot No. 9
DATE PURCHASED: ......- ............. ..
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 16 , Section 280A, Subsection 3 - N.Y.S. Town Law
3. TYPE OF APPEAL Appeal is mode ~erewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(×) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art, 16 Sec. 280A Subsection 3 -
4. PREVIOUS APPEAL A previous appeal ~b~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property,
Such appeal was ¢ ) request for c special permit
( ) request for,a variance
and was made ~n Appeal No ................................. Dated ....................................................................
REASON FOR APPEAL
(x) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( )
~s requested for the reason that ~¢e would like to
the subject property,
obtain approval of access to
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties er unneces-
sary HARDSHIP because Appellants, and any successors in interest to Appellants,
would be unable to obtain a building permit for the subject property,
on survey submitted as part of this appeal application.
2. The hardship c~ated is UNIQUE and is not shored by ali properties alike in the immediate
vicinity of this prope~ and in this use district because the property adjoining to the west
of the subject premises has access ~x~x~ over this right of way
a traveled road, which access was obtained either by way of a variance or by
virtue of pre-existing use.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the use of the property will not change and
will continue to be AEricultural/Residential.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Sworn to this ................ .5..t.,h. ........................ day of ~p.r..i,.1. ...................... 1984
//Notary Public
MARY blANA ~OST£R
COmmission Expires U~ch 30, 1~: F~
Z
0
,6'
!0~c~.00
~ OF PP..
p.,lc S..
MATTITUCK
P. O. Drawer A
Jamesport, NY 11947
September 29, 1988
Mr. Gerard P. Goehringer,
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Chairman
Dear Mr. Geoghringer:
Please find enclosed a copy of Stephan Kalaijian's
letter of Septembe£ 27, 198~ with regard to Appeal No. 3246
of Application dated April 18, 1984, a copy of which I've
also enclosed.
Would you please review same and advise me if this
interpretation is indeed a correct one and the applicant
would be exempt from Iten ~2.
It is in fact at the termination of this right-of-way
he proposes additional construction. Thank you for your
cooperation.
HR:ml
Encs.
CC: Kalaijian
stephan Kalaijian
35-56 222nd Street
Bayside, New York 11361
September 27, 1988
Mr. Henry E. Raynor, Jr.
P.O. Drawer A
Jamesport, New York 11947
Dear Henry:
In reference to the variance granted by the Town of
Southhold, it is my opinion that item No. 2 under "Conditions"
does not apply in our case. We are not proposing any additional
set offs or subdivisions "along this right-of-way", as same ends
at my property.
The "set off" we propose is contained entirely inside
the boundary of my property. I therefore urge you to convey my
position to the Board and hopefully we can resolve this matter
amicably once and for all.
Ve. ry truly yours,
Stephan Kalaij ian
SK/jb
CC: File
Southold Town Board of Appeals
~,~ ~o~ ~ ~o~o ~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
December 19, 1988
Mr. Henry E. Raynor, Jr.
P.O. Drawer A
Jamesport, NY 11947
Re: Appeal No. 3246 - Carrig and McDonald 280-A
Dear Henry:
This letter will confirm that Board Members at our Special
Meeting held on December 16, 1988, clarified for the record that
Condition No. 2 of the Board's July 3, 1984 Decision rendered
under Appeal No. 3246 shall apply to other properties which have
no legal access other than the subject right-of-way and which
are a newly proposed development or subdivision.
Yours very truly,
Board Secretary
P. O. Drawer A
Jamesport, NY 11947
September 29, 1988
Mr. Gera£d P. Goehringer,
Zoning Boa£d of Appeals
Town of Southold
Main Road
Southold, NY 11971
Chairman
Dear MOo Geoghringec:
Pleas~ find enclosed a copy of Stephan Kalaijian's
le~te£ of Sep~embec 27, 198~ with £eg~£d to Appeal No. 3246
of Application dated April 18, 1984, a copy of which I've
also enclosed.
Would you please ~eview same and advise me if this
interpretation is indeed a correct one and the applicant
would be exempt from Iten ~2.
It is in fact at the termination of this right-of-way
he proposes additional construction. Thank you for your
cooperation.
HR:ml
Encs.
CC: Kalaijian
Stephan Kalaijian
35-56 222nd Street
Bayside, New York 11361
September 27, 1988
Mr. Henry E. Raynor, Jr.
P.O. Drawer A
Jamesport, New York 11947
Dear Henry:
In reference to the variance granted by the Town of
Southhold, it is my opinion that item No. 2 under "Conditions"
does not apply in our case. We are not proposing any additional
set offs or subdivisions "along this right-of-way", as same ends
at my property.
The "set off" we propose is contained entirely inside
the boundary of my property. I therefore urge you to convey my
position to the Board and hopefully we can resolve this matter
amicably once and for all.
Ve. ry truly yours,
Stephan Kalaij ian
SK/jb
CC: File
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Notice of Determination of Non-Significance
May 17,
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
1984
APPEAL NO.: 3246
PROJECT NAME: PATRICK CARRIG & MARK S. McDONALD
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 [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Access over private right-of-way (280-A)
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: N/S Bergen Ave., Mattituc~, NY
County Tax Map Parcel No. 1000-112-01-018
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) The 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.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. OOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 2[5 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
INTER;DEPARTMENT MEMORANDUM
TO: Office of the Town Clerk
DATE: July 26, 1984
SUBJECT: Appeal No. 3246 Carrig and McDonald
Transmitted herewith for filing this date
· and determination in the above,matter.
is the original
findings
Southold Town BOard of Appeals
MAIN ROAD- I~TATE: ROAD 25 SOUTHOL, D, L.I., N.Y. 11cj'71
TELEPHONE {516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIOONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H, SAWICKI
July 26, 1984
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Re: Appeal No. 3246 - Carrig and McDonald
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 Depar.tment
GERARD P. GOEHRINGER
Secretary
Gerard p. ~oehrir~ Chairman Re No., 366
Southold To~ Board of Appeals
John I~o Davis Date~ ~ 1~, 19~
ACCE~ ROAD (NO NAME) EXTENOI~ NORTH FI~M BF.J~G~ AV~UE
F~R APPROXI](AT~.y 3h50 L.F. SIGN AT~NTRANCE
~he road is 8 ft.~- in width, runs in fairly straight tar~ents a~d sgpears to be in
the 16.~ ft. R.O.W. exoept where it makes sharp turns east and norsh. One ~onu~ent
on the east turn is in She road. ~he road profile follows the moderate contours of
the O.S.
From probing~ taken along the length, the road is on original ground, ~here was some
indication of gravel in the first 200 ft., the lest 250 ft. and at a washout about
mid~ay on the last long course.
~he following reco~aendations are based on updating the present road lo an all weather
road~
1. Road ~idth to be
2. Remove topsoil and loam for 1 ft.
3. Replace the topsoil and loam with a good grade of clean f~l~.
4. Place a 6" base course of bankrun with 20% of gravel and 15% of loam, or equal,
on the replacement material.
5. Place a 2" top course c~ 3/4" stone blend on the bankrun. /~
If a minor subdivision ~'c0n~emPlated-~4' a~-'-~roper~y with a~ces, to the present
road, widening should be done. ~he same requirements as above can apply. Also, the
east proper~ line should be established to ensure that a ~idened road would be within
the R.O.W.
In the case of a minor subdivision and house building, some of the contractor's equipment
cannot stay in the R.O.W. ~hen going through the almost right angle t~rns at the one
location sho~n.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO:
FROM:
DATE:
SUBJECT:
Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ'71
TELEPHONE (516) 765-1809
Southold Town Planning Board
Jerry Goehringer, Board of Appeals
August 15, 1984
Actions Involving Planning Board Rendered by
August 14, 1984 ZBA Special Meeting
July 26, 1984 ZBA Regular Meeting
Z.B.A.
This letter
approved as
meetings:
will confirm that the following matters have been
noted below by the Board of Appeals at its recent
Southold Equities, Inc. - Appeal No. 3256 - Approved 8/14/84 two
lots in this Business District as applied and subject to the
following conditions: (1) No further front, side, and/or rear
yard setback reductions which do not comply with the zoning code-
bulk schedule, and {2} No further division or set-off of either
parcel.
As you are aware, John Simicich, Appeal No. 3261 for insufficient
area and width and 280-A, has been approved as applied on 7/26/84.
aSO, Patrick Carrig, Appeal No. 3246, was given conditional
proval on 7/3/84, a copy of which was supplied for your file.
Other matters which are pending with your office are on our
September 13, 1984 agenda for public hearings and we will keep
you advisqd.
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONtS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
May 8, 1984
Mr. John W. Davis
Sterling Road
Cutchogue, NY 11935
Re: Right-of-Way Inspection and Report
Appeal No. 3246 Patrick Carrig and Mark S. McDonald
Dear Mr. Davis:
We have an application for approval of access over a private
right-of-way located on the north side of Bergen Avenue having a
length of approximately 3,450 feet and 16½ feet wide. The
public hearing on this matter has not been scheduled in order
to allow time for your inspection report.
Enclosed is a copy of the January 31, 1964 survey and
copy of the County Tax Map.
Thank you for your assistance.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures
cc: Mr. Victor Lessard
Rudolph H. Bruer, Esq.
By Linda Kowalski
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11cj'71
TELEPHONE {516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWIC½1
May 24, 1984
Rudolph Ho Bruer, Esq.
Edson and Bruer
Main Road
Southotd, NY 11971
Re: Appeal No. 3246 - Patrick Carrig and Mark S. McDonald
Variance for 280A
Dear Rudy:
Please find enclosed for your record a copy of the
recent road inspection report with recommendations from
our road inspector.
This matter will be held for a public hearing at our
next Regular Meeting of June 21, 1984. A copy of the notice
of hearings will be provided for you.
If you have any questions, please don't hesitate
call.
Yours very truly,
a Kowal ski
to
Enclosure
Id NOnCeS with reduction of
setback, at premises located
sideyard
~CEOF at 880 Main Bayview Road,
REARINGs Southotd; County Tax Ma
NC IS HEREBY Parcel No. 1000.070.07.016.2.
~GIV!o~ vnuant Lawt° andSecti°n~he f_ .8.'2_0r.q. Tl~icKP.m. ApPllcatiOnc fo~
~V It. he Amended ( ~ARK 8
· m of Southold, (Ow . ·
~l~a,~e, rs'_.Erlc and Nane~
-*eting and the
~outhold-Town - - pprovai of aeneas, New
d~ at the TOWn ~ .Yerk Town Law, Section
md, Soutbold, I A, Over a private right*of-way
}AY, JUNE 21, [ l..ocatad at the north Side
~ndasf ngatT:30p.m. ~ Bergen Avenue, Mattituck, to
333 Warwick 1-18, cOntalnln
ct NJ 07666 approximately3 9acme.
to ~ Zoning 8:40 p.m. ApPlication for
,Section DOUGLAS MILLER,
sion to Montauk Highway, Quogue,
garage NY for a Variance for
wd area _approval of accesses, New
: Lane), ,~u Private ,~,ghts-of.
Tax way, one known as K'
Lane" and o ,, lrkup
Way" lno~a~e .as.~ Laurel
_ .~..uca, (near Laurel) *.
Tax Man Par-~.'f~¥ aa. ~.ounty
7:40 P.m. Application of
~EORGE R. TUTRILL Box
','19, Cutchogue, NY for a
'~'ariance to the Zoning
?~?,.nanc~., Article IlI, Section 4-10 containing approximately
,?r approval of
~- ,~z~.clent area and width of
I. arcels located at the north B~8'~55.~P'm. ApplJcatio~ for
I;ide of Ba ~.-~*I'RAM AND MARGERY
.qUtchoa ~u_, . -~;~Yv A?enue,N I~,A1L~4KI~oRr ,r~,_~sed frc. m May
~,ot 140; County Ta d~'*l~?c.~on, (0) approval of
Parcel No 1000.1~a~q~ toxo Map m smeyard, (c) approval
7:45 p.~. Applica*~'"*'H°~.n for of reduction of livable floor
DAVID AND JEANNE si'aa and insufficient
sideyards of dwelling
8RAWNER, Main Road, conversion. Peconic Bay
Orient, NY for a Variance to Bl-v?,';Laurcl; 1000-145-4.014.
the Zoning Ordinance, Article ~:zo p.m. Application of
lit, Section 100-31 for approval ARTHUR R. TRUCKEN.
of thsufficient area of Parcel to
· the South Side of ,~ . ,/,- nor a reversal of
~ne m~erpretation of the
~aaxin..Roa~d, Orient; County building inspector concerning
- ~ap Parcel No. 1000-20-3 a Certificate of OccuPancy No.
~andPartofll.2. Zl1736 issued June 21, 1983 to
~7~5~ P.m. Application of E. Loucopoutos and H
T! lMpp'n~/~ST ~oTANr't~ _~'. JEAN* Damianos ~'or an one*famfi~
- *~n~nm*v Rn~d dwelling and four
STATE OF NEW YORK
COUNTY OF SUFFOLK
STIRAN ~. AT,T,~F,' of Greenport, in
said County, being duly sworn, says that he/she ia
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed ia
a printed copy, has been regularly published in
said Newspaper once each week for o~e
weeks successively, commencing on the 7 th
dayof June 1984
Principal Clerk
Sworn to before me this 7th
day of June 19 8 4
NOTICE OF
PUBLIC HEARING
NOTICE;IS II~JEBY GIV-
EN, pUrSuant to Soetion 267 of
the Town L~w and the Pro-
visions of the An~ndea Co~e
of ,the ~ ot'S~thold,, a
Replir jlioe~.m~d the fol.
p.---m~m~d --
7.',~ p,m~ Applic&tton ~or
AVenue, Tea Neck, NJ 0?666
for · ysrbnce to the Zonin8
~m~ce,. Article I~, Section
1O0-32 for persmissinn to con-
struct ~ccesso~ sarase build-
i~g in the ~runtyard ares at
premises, 12~: Private Road
#1 (Goose Creek Lane), South-
old, NY; County Tax Map
Parcel No. 1000-078-08-009.
7:40 p.m; Application of
~ Box
719, Cutchog~e, NY for a
Variance to the Zoning Ordin-
ance, A~icle IH, Section 100-
31 for approval of insufficient
area and width of parcels
loc~ed at the north side of Bay
Avenue, Cutchogue, NY; Nas-
sau Farms Subdivision, part of
Lot 140; County Tax Map
Parcel No. 1000-104-04-33.
7:45 p.m. Application for
DAVID AND JEANNE
~ Main Road, Or-
ient, NY for a Variance to the
Zoning Ordinance, Article 111,
Section 100-31 for approval of
insufficient area of parcel to be
set-off from a 4.066 ~cre p~rcel
at the South Side of Main
Road, Orient; County Tax Map
parcel No. 1000-20-3-28 and
part of 11.2.
7:55 p.m. Application of
ERNEST AND J E A ,N
County Tax Map Parcel No.
1000-070-07-016.2
8:20 p.m. Application for~
ATRICK CARRIG and
MARK S. ~ (Own-
ers: Eric and Nancy Maim),
Richmond Road, Southold, NY
~a Variance for approval of
ess, New York Town
)Sectinn 280-A, over a private
right-of, way located at the~
north side of Bergen AVenue,
Mattituck, to premises identi-
fied as County Tax Map Par.
cel No. 1000-112-1-18, contain.
, lng approximately 3.9 acres.
8:40 p.m. Application
COUNTY OF SUFFOLK
STATE OF NEW YORK
e
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in SuffoJk County;
and thol the notice of which the annexed is a printed copy,
has been published in soid Long lslond Traveler-WQtch- /
mon once each week for ........................................ weeks
successively, commencing on the ....................................
,. :/.~ 4 '~/
d~y o f. ~'""/'~'"X' .......................... 19 ........ ~
~ .................................... .%,/:','~. .................
day of
Sworn to before me this ................................
, 19..~d
P. O. Drawer A
Jamesport, NY 11947
September 29, 1988
Mr. Gerard P. Goehringer,
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Chairman
Dear Mr. Geoghringer:
Please find enclosed a copy of Stephan Kalaijian's
lette£ of September 27, i~8~ witi~ £ega£d to Appeal No. 3246
of Application dated April 18, 1984, a copy of which I've
also enclosed.
Would you please review same and advise me if this
interpretation is indeed a correct one and the applicant
would be exempt from Iten ~2.
It is in fact at
he proposes additional
cooperation.
the termination of this right-of-way
construction. Thank you for your
Sincerely,
y~ . Ray,or,
HR:ml
Encs.
CC: Kalaijian
Stephan Kalaijian
35-56 222nd Street
Bayside, New York 11361
September 27, 1988
Mr. Henry E. Raynor, Jr.
P.O. Drawer A
Jamesport, New York 11947
Dear Henry:
In reference to the variance granted by the Town of
Southhold, it is my opinion that item No. 2 under "Conditions"
does not apply in our case. We are not proposing any additional
set offs or subdivisions "along this right-of-way", as same ends
at my property.
The "set off" we propose is contained entirely inside
the boundary of my property. I therefore urge you to convey my
position to the Board and hopefully we can resolve this matter
amicably once and for all.
Very truly yours,
S t~e '~ jn- ~a ' ai j~ian
SK/jb
CC: File
Copies of Legal Notice m~iled 6/5/84
Mr. John Denny
Environment East, Inc.
Mr. George R. Tuthill
Irving L. Price, Jr., Esq.
Mr. and Mrs. Ernest Stumpf
Mr. and Mrs. Ernest Stumpf
Mr. Edward Tobia
Rudolph H. Bruer, Esq.
Mr. John Grigonis
George O. Guldi, Esq.
Abigail A. Wickham, Esq.
Wickham, Wickham & Bressler, P.C.
Richard T. Haefeli, Esq.
McNulty, DiPietro & Haefeli
James Cron, Esq.
William W. Esseks, Esq.
Esseks, Hefter, Cuddy & Angel
Howard E. Pachm~n, Esq.
Pachman, Oshrin & Block, P.C.
Richard F. Lark, Esq.
to the foll~ng:
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
April 18, 1984
To.'
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith
~ Mark S. McDonald for a variance.
~operty owners; Short Environmental
~al Wetlands Land-Use; and survey.
is Zoning Appeal No. 3246 application of Patrick Carrig
Also included is notification to adjacent
Assessment Form; Letter relative to N.Y.S.
Judith T. Terry
Southold Town Clerk
RECLqVEI .
1984
TOWN OF SOUTHOLD, NEW YORK
F'~M DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We) .P..a.~.r..i..c..k....C..a..r..r..i.~..~..~.a..r..k....S..t..~p.9~.l.~f Richmond Road, Southold, N.Y.
Name of Appellant Street and Number
Municipality
............................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION DATED: 3/4/84 FOR: Vacant Land C.O.
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Name of Applicant for permit
of
Richmond Road, Southold, N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD
1 LOCATION OF THE PROPERTY ,...g/Q/~W.,~/~..~.e. ffg.e..n...A..v..¢.n..u..e..,....M..a..t..t..i..t.v..c.,k. ............................
Street and Hamlet Zone
OWNER ( S ): E.r.i.c..S....&..N.a.n.cff..S... ~.a.l.m. ....
Map No Lot No.
DATE PURCHASED: ..? ............... ...
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__~_6_.. _~ Section 280A, Subsection 3 - N.Y.S. Town Law
3 TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
(×) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ~,~) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ............................. Dated ......................................................................
(x)
( )
( )
*s requested for the reason that
the subject property.
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
we would like
to obtain approval of access to
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Appellants, and any successors in interest to Appellants,
would be unable to obtain a building permit for the subject property, shown
on survey submitted as part of this appeal application.
2 The hardship creeted is UNIQUE and is not shared by all properties alike in the immediate
vicmHy of this property and in this use district because the property adjoining to the west
of the subject premises has access ~mx~mx~x~mm~ over this right of way and
a traveled road, which access was obtained either by way of a variance or by
virtue of pre-existing use.
3 The Voriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the use of the property will not change and
will continue to be Agricultural/Residential.
SFATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Signature
Sworn to this ................ .5.,t.~ ........................ doy of ........ Ap.r.$% ................................... 19 84
.............................
~,IARY DIANA fOSTER
NOTARY PUBLIC, Sta~e of Fl~w York
Commission Expires Ma~ch 30, 19 ~'o
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter or the Petition of :
PATRICK CARRIG & MARK S. McDONALD :
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
torequest a~.~arianc~(Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Long Island Sound~ East by Macari &g~m~nn~:South by
and West by Brown. Suffolk County Tax Map designation: 1000 - 112 - 1 - 18
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" - Residential/Agricultural
4. That by such Petition, the undersigned will request the following relief: approval of access
to the subject property
N.Y. State Town Law
$. That the provisions of the-S~l*el-~-~.e,,v.n-;zeRk,~-~edeapplicable to the relief sought by the under-
signed are Article 16 Section 280A, Subsection 3
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 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: Apzil 5, 1984 , ~ · :, ~
Petitioner Rudolph H. Bruer, Attorney for
Petitioners
Post Office Address
Main Road, P.O. Box 1047
Southolda N.Y. 11971
~F NOTICE
t Avenue
:s, N.Y. 11372
:w York 11952
247
York 11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Mary Dlana Foster , residing at (No,J)McCann Lane, Greenport, N,Y, 11944
, being duly sworn, deposes and says that on the ~h day
of April ,19 84 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, New York ; that said Notices were mailed to each of said persons by
(certified) (~d) mail.
M~ Diana Foster
Sworn to before me this 5th
day of April ,19 84
N°taryCPublic HELEN M. GATE~
Nowit Public, ~llll ol Nlw Ymt
No, 4726~8~
~NSTRU'CT]OHS: '
~ order to answer the questions Zn this short EAF it Ss' assumed
that the preparer ¥~ill use. currently ov'a'Lloble information concerning the
project and the likely impacts of the action. :it is not expected that
additional studies, research o~ other investigations v;ilZ be undertaken.
(b) ]£ any question has been answered Yes the p~oject may be
signi£icant and o completed Environmental Assessment Form is necessary.
(c) ~F all questions have been onsv~ered No it is likely that
project is not signi£icant.' .... .-.
(d) Env±ronmental Assessment ....
i. ¥1ili project result in o large physical change
than 10 acres of iand? ................. -'-' 'Yes. X~ No
2. Y/ill there'be a major change ¢o any unique or
· unusual land form found on the site? .......... YesX
3. ¥1ill project alter or hove a large effiect'on
existing body of ~¥ater? .......................
4. ¥/ill pro3ect have a potentially large impact ,
on 9round¥rater quality? .... . .................... · Yes~'No
.5. Y/ill project significantly .effect~dra~noge...: :{.. ~ . ' .
flow. on adjacent sites? ' ' Yes X' Nq
~. ¥1ill prelect ef~ect any threatened or
~' endcn9ered, plant or on/mol species?........... Yes X' No .
/ 7. ¥lill pro~ec~ result inXo major adverse eff,e~t '" . .
z. air quality? ' ' Yes X No
x. 8. ¥1ill pro3ect have o major effect on visual
character of the community or scenic views or
vistas known to:be important to the community?. 'Yes X'No
?. IVill project a'dverse!>' impact any site or ..
structure of histoi'ic~ prehistoric or
paleontological importance or any site
designated as a ci'iticol environmental area
by a local agency? .......... ' ........ Yes X No
la. ¥till project have a mo)or efifect on existihg
or future recreational opportunities?.' ....... Yes X
ll. ¥Iill project result in.major troff£c problems
o~ caus~e o major effect to ex.isting
transportation systems? ....................... Yes X No
12. ¥till prbject .regularly cause objectionable
: odoz$~ noise/ glare~ vibration~ or electrical '.
disturbooce as a result of the project's -.
operolion? '' ' ' · Yes X No
l~. ¥!ill'project have an>, impact on public health '"
~r.safety? .................
1~. ~/ill p~°yect affect the ex~;ii~'~6~i~'~.'"' Yes x
directly causing o growth in permanent
population of more than 5 percegt over o one
· - year period or hove o major negative
.x~. on the character of the community or
" neighborhood? ............................... '' Yes X No
IS. Is there public controversy concerning the
~rojcct? ...................................... Yes X No
PREPARER 'S
REPRESEHTI[~G Patrick Carri~ & Mark S. McDonald DATE 4/5/84
4/5/84
(Today's Date)
To: $outhold Town Board of Appeals
Main Road
Southold, NY 11971
Re:
Appeal Application of Patrick Carrig & Mark S. McDonald
Location of Property: R/O/W N/s Bergen Avenue, Mattituck; N.Y.
T~ M~? ~' lDO0- 112- 1 - l~
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property iQ the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
not
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
.and there is no bulkhead or concrete wall existing
on the premises.
-[ ]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items'(*) indicate your property does
appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
Rudo~p~h H. Bruer, Attorney for Appellants