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HomeMy WebLinkAbout3246 . pA~I~ICK & McDONALD, MARK S. #32#6 ,~ , ~ ~-~/~ / ~ i~geI1 Ave .~ ~ ,~prOval of access over a p~. R.0.W. ~ ~'~_ ~- ~ ..... 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