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HomeMy WebLinkAbout3203A Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3203 Application Dated December 27, 1983 TO: Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 (Public Hearing 1/25/84) [Appellant(s)] Attorneys for D. J. CLAUSE ENTERPRISES At a Meeting of the Zoning Board of Appeals held on January 25, 1984 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 , Section [ ] Request for The public he~ng on this application was also held on January 25, Upon application for D.J. CLAUSE ENTERPRISES, by William W. Esseks, Esq., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area and width of parcels in this proposed division of land at the East Side of Love Lane, Mattituck, NY; County Tax Map Parcels No. 1000-140-3- 3.1, 42.1, 42.2, 43. The board made the following findings and determination: By this appeal, applicant seeks approval of the insufficient area and width of Lots #1 and #2 in this proposed subdivision located at the east side of Love Lane, Mattituck. Lots #1 and #2 would contain an area of 7,997 sq. ft. and 7,087 sq. ft., and 55.70 feet and 53.35 feet along Love Lane, respectively. The premises in question is zoned "B-1 General Business" and is improved with existing business structures sequentially attached. At the location of the proposed division line separating the two parcels is an 8" cement block wall to the height of the roof of this building. which in the board's opinion should be considered by the building inspector for modifications as he deems necessary under the fire and building codes. It is noted for the record that the parcel to the north of this proposed subdivision (presently a food market) was the subject of a prior appeal, No. 2569 rendered July 26, 1979 separating same from the subject property; the parcel adjoining this proposed subdivision on the south (presently "Clause Commons") was the subject of Appeal No. 1918 rendered June 13, 1974 for M.A. Kelsey Properties Inc. separating same from the subject premises. These appeals received approval from the Planning Board by resolution of September 23, 1980, (see Section 106-53 of the subdivision code). In considering this appeal, the board determines: (1) that the granting of this variance will not adversely affect or change the character of this neighborhood; (2) that the relief requested will be in harmony with and promote the general purposes of zoning; (CONTINUED ON PAGE TWO) DATED: February 7, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - ADpeal No. 3203 Matter of D.J. CLAUSE ENTERPRISES Decision Rendered January 25, 1984 (3) that no adverse effects will be produced on available govern- mental facilities of any increased population; (4) that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3203, application of D. J. CLAUSE ENTERPRISES for approval of insufficient area and width of the proposed two parcels, BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITIONS: 1. An adequate fire wall be considered and recommended by the Town Building Inspector; 2. No occupancy other than for business purposes; 3. No further area reductions of either parcel. 4. Southold Town Planning Board review and determination in accordance with Chapter 100, Article 100-23, and Chapter A106. Location of Property: East Side of Love Lane, Mattituck, NY; more particularly known as County Tax Map Parcels No. 1000-140-3-42.1. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. AND FILED BY ~E SOUTHOLD TOWN CLERK O~.HRING~, CHAIRMAN 1984 ~/ $outhold Tow. Board of Appeals MAIN RDAD- STATE ROAD 25 c:OUTHOLD. L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRiNGER CHAIRMAN CHAR LES ~RiGON IS. J Ri sERGE DO*~EN~ JR. ROBERT J;~DOU GI.:ASS JOSEPH :H~ SAWICK 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 following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY, on Wednesday, January 25, 1984 com~encing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L~ Horton, Box 21, New Suffolk, NY 11956, -for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) [1], 100-31, and Article XI, Section 100-118[D) & (E), for permission %o construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-141-2-16, 17, 18, 19, 21, 21.1. 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to construct accessory building for use as caretaker's.cottage and garage in addition to existing dwellings on this 9~ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-1-3. 7:40 p.m. Application for CHRISTINA M. DINIZI0, by Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Section 100'30(A) for per- mission to establish two-family dwelling use on a parcel of land containing less than the required four-acres in this A-Residential and Agricultural District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. 7:45 p.m. Application for HERBERT R. MANDEL, by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the ~oning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. ~age 2- Legal Notice of Hearings for 1/25/84 7:50 p.m. Application of DOUGLAS CASTOLDI,~55 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section !00 6 for permission to construct addition to restaurant leaving an insufficient frontyard setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beachwood Cafe); County Tax Map Parcel No. 1000-54-5-22o 8:00 p.m~ Application for D~J~ CLAUSE ENTERPRISES, by Esseks, E~q., 108 .East ~ain St, Riverhead, NY for a Variance to tne Zoning Ordinance, Article VII~ Section 100-71 for ~pprovat of insuffi- cient area and width of-parcels in this proposed division of land at the East Side Love Lane, Mattituck~ NY; County Ta~ Map Parcels No~ For information concerning the above matters, please contact Linda Kowalski a~ 765-1809 (or ~1802)~ Those persons having an interest in any of the above matters may appear at the time and place specified herein~ Dated: January 10~ 1984. BY ORDER OF ~HE SOUTHOLD TOg~ BOARD OF APPW_J%LS GERARD P. GOEHRINGER CHAIrmAN NOTICE TO NEWSPAPERS: Please p~blish ~ce, to %~it: Thu~sday~ January 19~ 1984 and forward Board of Appeals, Main Road, i984~ one-affidavit of publication to: Southold, NY 11971 before January 23, Copies have been provided for each of the following 1/16/84: Mr. J.L. Horton, Box 21, New Suffolk, NY (for Norzh Fork Baptist Church) North Fork Baptist Church, C.Ro 48, Mattituck~ NY 11952 ~rs. Emily P~ Ridgway, Box 251, Fox Ave~ Fishers Island, NY 06390 Mrs~ Christina M. Dinizio, Greenport, NY 11944 Greenport Housing Altiance~...18 South Street, Greenport, NY 11944 Mr. Garrett A. Strang, Box 14!2~ Southold, NY (for H.R. Mandel} Mr o Herbert R. Mandel, Inlet Lane Extension, Greenport~ NY Mr. Douglas Castotdi, 855' Eugene's Road, Cutchogue (Beachwood Cafe) Suffolk Times, Inc~ for publication ~ L.~. Traveler-Watc~an~ inc~ for publication NY 11935 Supervisor FoJ. Murphy Town Boar~ Members Town Attorney Planning Board Chairman Building Depar~sent Z.B.A. Members Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To,. ."~...~.. :: .~. ~.~1~.~:. · PLEASE TAKE NOTICE that your application dated .~.~.~.~C~......4 ......... 19~.~.. forpe=itto~.~-~..~,>..~-.,.~....~.~.,,~.~ .... ~ ..... ~ ..................... ~ Location of Proporty ~. '~o~. 7~.0..W((.~. 7.(~..5~;~. ~ ..... ~'~'~ ~ 7' CountyT~ MapNo. 1000 Section . .(~ ....... Block ~ ......... ~t ~.~¢.~ ... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved, on the following grounds .~..~,~./. ~'~'~¢~t~..t~'~. ~~.~/~. ~. ~A~ ~.. ~...~. ~:~/~ e ~. %~ 7/ ~. ~:~. ~/~. :. :.. :~.. ~ ~~ ~:.. ~,~,~ RV 1/80 / ~.i~1~3,,, '=~ TOWN OF $OUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ^PPEA, NO. ll/. 17 $3 DA'rE ................. / .......... ZONING BOARD OF A~PPEALS. TOWN OF S~HOLD, N. Y. Name of AppeJlonrt Street and Number ..E...a..s...t....H...a...m.p..t...o..n..~ ................................................................. .N,,e,..W..~,o,~..k.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION DATED:lO~6~83 FOR: DJ Clause Ent-erprises WHEREBY THEBUtLDING INSPECTOR DENIED TO ( ) ( ) (x) Nome of Applicont for permit of ...... .q .z...a.g.s...e.....c..o..m..~.o. 9..s..,.. ~..a..s...c...~_e. mp..c...o.~., _ .~..e.w....~.o..~. k ............................... Street and Numoer Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO )~ divide property l_ LOCATION OF THE PROPERTY : ,L. ov~ !~.~,.o..~ Mat~.~uck B-1 Street and. Hamlet Zone Qiar.....1..40.;...Blo. ck..3.,...Latm_.~/.-.3. ...........OWNER(S): DJ Clause Enterpr~isgs ~v~ap No. Lot No. DA~ ~O~¢~S~g:-...ZP-/-2-8/-8-Z... . ........ 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicote the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ?~'~ble VZT , ~ect±on 100-71 TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lock of gccess (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 eppeal was ( ) request for a special oermit ( ) request for a variance aha was made n Appeal No ................................. Dated .................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance x) An area Variance '~ '" is requested for the reason teat ~~xk~xl~k the width and area as required for setback from proposed property lots are insufficient in B-1 Zone and insufficient building line. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficultieso~G~c~-~'~;'~,~;~ sar~ HARDSHIP becau~ the division of the property require that it be in conformance with the Zoning Code and since the property is already improved it does not meet the present Code requirements. Thus the strict application of the Ordinance will create a hardship; i.e, the owner would not be able to divide it. 2 The hordshipcreotedis UN[QUE ondisnotshored Dy oil properties alike in the immediate vicinity ofthisproperty and in this use districtbecouse similarly situated s~ores and other-~comm~rcial buildings have same setback and area of subject property but are owned individually. Therefore, in this particular locale, the hardship, as set~ forth in ~ 1 above, is unique to this parcel. 3 The variance would observe the spirit of th~ Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT ~ in any way. STATE OF NEW YORK ) ) COUNTY OF SUFFOT.I( ) Sworn to this DJ CLAUSE ENTERPRISES ss By: ....... ~ ................................... Signoture ,~..~ ........................ day of.....Z~~,.'~'.. .................. 1c~3 BARE~RA C. BONER Not~! PuMtc, St~t~ of New Yo~k No, 52-~19~10t,0 - O. ua.~ified in Suffolk County ~;ommlsslon Ex~iro. Maroh ~0, 1985 OWNER TOWN OF FORMER OWNER $OLIT~OLD PI~OPERTY VILLAGE S RECORD SUB. LOT TYPE OF BUILDING !Tillable Woodland House Plat Total iMP. VL. I FARM /DATE COM~. CB. MICS. RF. JN/D~RKS Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD COLOR ~.~/>7/?: TRIM ~,W/ ?~. J~n:h Breezeway Patio ~r~al Foundation c.. ~ Both 1/.~- Dinette Basement ~i>. Floors ~. ',;~ K. Ext. Walls Interior Finish LR. Fire Place ~rype Roof R~r~tion ROOm He~t Rooms 1st Floor Rooms 2nd Floor Driveway DR. BR. FIN. B TO~H C:A~D SU~. LOT TOT~/... ~/~ ~ ? W RF,.N~RY,$ TYPE OF BUILDING Mkt. Value FRONTAGE ON WAT~ FRO[~F~'^C~ ON ROAD DEFTH BUL~H~D COLOR TRiM =oundation Basement C~rag~ Ext. Wails Fire Place ~re~..tion Room Both Floors Interior Finish He~t Rooms 1st Floor Patio Roor~ 2nd Floor O, B. Driveway Dinette LR. DR. BR. FIN. ,/ : 73~05 Mem~ndum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 HEM0 FOR THE FILE Date: 3/27/84 SUBJECT: D.,]. CLAUSE ENTERPRISES, #3203 From: Linda Kowalski, Secretary/Clerk 11:40 a.m. After speaking with Barbara of Mr. Esseks office this morning: (a) since building department has not concurred with Mr. Esseks' letter and that the requirement of a firewall has not been waived, someone will be in touch with Mr. Lessard for compliance of the board's condition (b) inasmuch as the ZBA does not have a form used for covenants, Mr. Esseks office will provide the necessary covenant concerning the restriction on further area reduction, condition 1); (3). Mc~orandu m from .... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: ESSEKS, HEFTER, CUDDY & ANGEL March 19, 1984 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Dear Mr. Goehringer: Re: Appeal #3203-DJ Clause Enterprises In regard to the above appeal, it is my understanding that John Clause met with the Building Inspector of the Town of Southold regarding the firewalt question. Based on those discussions, I believe that the requirement to install a firewall has been waived and that the wall will be treated as a "common wall" between the two properties. In connection with the condition regarding no futher area reductions, we will be pleased to prepare the appropriate covenant which will provide for no further area reductions without prior approval of the appropriate municipality if you would forward to us the form that you require. If you have no particular form, we will prepare such a covenant for your review. Should you have any questions regarding the above, please contact the undersigned. WWE/glm copy: Planning Board Building Inspector Donald J. Clause Very truly yours, William W. Esseks APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN RDAD- STATE RE]AD 25 SE]UTHE)LD. L.I., N.Y. ll9?l TELFPHONE {516) 7651809 February 8, 1984 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3203 - D. J. CLAUSE ENTERPRISES 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 Ne 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to Building Department Planning Board' D.J. Clause Enterprises By Linda F. Secretary Kowalski Memorandum from.. · · Soulhold Town Board ,,f Al~pC.ls TOWN IIALL, SOU'FHOLD, N.Y. 11971 765-1809 To: Mr. Tasker From: ZBA Of fi c:e Date: 5/3/84 Mr. £sseks' office nas prepared the a~tached draft Declaration of Covenants and has asked Z[~A ~::pproval. The declaration does not include the restrictions included in the board's January 24, 1984 decision -- do you think it is proper for the aoard to ask that they be included? E$SEKS, HEFTER, CUDDY & ANGEL COUNSELOI~S AT LAW RIVERHEAD, N ¥ 119OI April 20, 1984 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Appeal #3202-DJ Clause Enterprises Dear Mr. Goehringer: In accordance with our conversation with your secretary, enclosed herewith please find a photocopy of the draft Declaration which we have prepared in regard to the above matter. If the enclosed meets with your approval, please contact this office. We will then have the original signed by D.J. Clause Enterprises and delivered to the County Clerk for recording. Should you have any questions regarding the above, please contact the undersigned. Very truly yours, ~ll~am ~. Esseks WWE/kmu g~c. cc: Mr. Donald J. Clause DECLARATION THIS DECLARATION, made the day of , 1984, by D. J. CLAUSE ENTERPRISES, a limited partnership organized under the laws of the State of New York with principal offices at 400 Pantigo Road, East Hampton, New York, hereinafter referred to Declarant. WHEREAS the Declarant is the owner of certain real property situate at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule A, annexed hereto and made a part hereof; and WHEREAS the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real [~roperty into two (2) parcels, bounded and described as set forth in Schedule B annexed hereto and made a part hereof; and WHEREAS for and in consideration of the granting of said ~pproval, the Planning Board of the Town be for the best interests of the Town of prospective owners of said parcels that restrictions be imposed on said parcels, of Southold has deemed it to Southold and the owners and the within covena~]ts and and as a condition of said approval said Planning Board has required that the within Declardtion be recorded in the Suffolk County Clerk's Office; ~nd WHEREAS the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1 That at no time hereafter shall there be any further subdivision of or modification to the real property the subject of this Declaration, of Southold. without prior approval of the Planning Board of the Town 2. That the within Declaration may not be annulled, waived, changed or mcdified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. D. J. CLAUSE ENTERPRISES By: (Donald J. Clause) Partner SCHEDULE A ALL that certain plot, piece or parcel of land, together with the buildings and improvements thereon erected, situate, lying and being at Mattituck, To~ of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the easterly ~ide of Love Lane, which point is North 31° ]9' 20" West, 72.11 feet from the intersection of the easterly side of Love Lane w~t~ the northerly side of Main Road; and running thence from said point of beginning along the easterly side of Love Lane North 31° 19' 20" West 109.05 feet to the southwesterly corner of land now or formerly of Milowski; thence along the last mentioned land North 58° 40' 40" East 148.41 feet to ].and of the Mattituck Park Disrict; thence along the lands of Mattituck Park bistrict and V. Stype, South 21° 28' 20" East 110.65 feet to land now or formerly of Donald J. Clause; thence along said last mentioned land three courses and distances as follows: (1) South 63° 02' 20" West 73.05 feet; (2) South 17° 51' 30" East 5.70 feet; and (3) South 58~ 40' 40" West 55.30 feet to the easterly side of Love Lane and the point or place of BEGINNING. SCHEDULE B PARCEL I: ALL that certain plot, piece or parcel of land, together with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Love Lane, which point is North 31° 19' 20" West, 72.11 feet from the intersection of the easterly side of Love Lane with the northerly side of Main Road; and running thence from said point of beginning along the easterly side of Love Lane North 31° 19' 20" West 53.35 feet to a point and the "common wall" division line between the brick and frame buildings; thence along said "common wall" division line North 58° 40' 40" East 138.74 feet to land of V. Stype; thence along said last mentioned land of V. Stype, South 21° 28' 20" East 54.14 feet to land now or formerly of Donald J. Clause; thence along said last mentioned land three courses and distances as follows: (1) South 63° 02' 20" West 73.05 feet; (2) South 17° 51' 30" East 5.70 feet; and (3) South 58° 40' 40" West 55.30 feet to the easterly side of Love Lane and the point or Dlace of BEGINNING. PARCEL II: ALL that certain plot, piece or parcel of land, together with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and descr!bed as follows: BEGINNING at a point o~ thc easterly side of Love Lane, which point is North 31° 19' 20" West, 125.46 feet from the intersection of the easterly side of Love Lane with the northerly side of Main Road; and running thence from said point of beginning along the easterly side of Love Lane North 31° 19' 20" West 55.70 feet land now or formerly of Milowski; thence along said last mentioned land North 58~ 40' 40" East 148.4]. feet to a point and ~and of the Mattituck Park District; thence along said last mentione~ land and along land of V. Stype South 21~ 28' 20' East 56.51 feet to a point and the "common wall" division line between the brick and f~ame buildings; thence along said "common wall" division line South 58° 40' 40" West 138.74 feet to the easterly side of Love Lane and the point or place of BEGINNING. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E. KOPPELMAN November 1, 1984 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Com~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Peter & Patricia Lenz Robert Entenmann D. J. Clause Enterprises Mary Grigonis Robert Brown Thomas & Barbara Mercier George & Natalie Wieser Jose V. Rodriguez Berit Lalli Vincent Griffo Gertrude M. Ali James Anderson Joseph Fischetti Robert W. Gillispie, III Thomas Higgins Vincent Griffo 3184 3200 3203 3211 3221 3223 3224 3225 3228 3229 3235 3238 3239 3241 3255 3258 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L- i-. NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD- STATE F~OAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 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: k~x Variance from the Zoning Code, Article VII , Section ~00-~ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 3203 Applicant: D.J. CLAUSE ENTEPd?RISES Location of Affected Land: E/S Love Lane~ Mattituck. County Tax Map Item No.: 1000-q~0-3-3.~2.~2.2:~3. Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) x~ State or County Road, Parkway, Highway, Thruway __ 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. COMMENTS: Applicant ~ permission to have approval of insuff, area & width of parcels in this proposed division of land. Copies of Town file and related documents enclosed herewith for your review. ~ Dated: August 2~ q98~ L/~ ~ ~ Temp. Secretary, Board of Appeals Southold Tow Boord of Appeat's May l!), i:)84 W~ll'iam W. Esseks, Esq. Es~eks, Hefter, Cuddy & Angel lOB East Main Street, Box 279 Riverhead, NY 11901 Re: 4;>oeal No. 3203- D.J. Clause En~.erpr'iqes uea,~ ivir. Esseks: In reviewing the [h~claragion of Covenants submitted with yolir Ar~ril 20, 1984 letter', there appears I:o be ne illen/i;}h of tile Zoning Beard of Appeals, its action and conditions ,'e~,Jer d, and instead FeFers !:,] an action Of the [:~arlh!ng Yours v(::r~/ '[ru'i,y, cs: F,u i 1 di n,j [)epar tment GERARD P. GOEHRJNGL-R CHA I EtqAi~ By Linda Kowalski OFFICE OF THE TOWN CLERK TOWN OF SOUI'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York I 1971 TEl FPHONE (516) 765-1801 December 27, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No.3203 application of D.J. Clause Enterprises by Esseks, Hefter, Cuddy; & Angel, Attorneys for a variance. Also included is notification to adjacent property owners; Short Environmental Assesmsent Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerk ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW P 0 BOX 279 F~IVERHEAD, N Y 11901 December 20, 1983 Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Various application for D. J. Clause Enterprises Dear Mr. Goehringer: Enclosed herewith please find the original Notice to Adjacent Property Owner in regard to the above captioned matter. We have also enclosed the original Proof of Receipt of Certified Mail to the adjacent property owners. You will note that in addition to the four people listed on the notice, we sent an additional copy to William Gildersleeve who we understand purchased the property from Leon and Lois Milowski. This information was given to us by Mr. Milowski. Would you please file our papers and advise us as to the date for the hearing before the Board of Appeals. Very truly yours, William W. Esseks WWE/glm encls. copy: Donald Clause ESSEKS, HEFTER, CUDDY & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P 0 BOX 279 RIVERHEAD, N.Y 11901 December 2, 1983 Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Dear Sirs: Enclosed herewith please find the following in connection with property owned by D. J. Clause Enterprises and located on Love Lane, Mattituck, New York: 4. 5. 6. 7. Notice of Disapproval from the Town of Southold Building Department. Copy of Notice to Adjacent Property Owner. We have mailed out copies of this notice and are awaiting the return of the certified mail receipts. Short Environmental Assessment Form Letter regarding title wetlands Application of D. J. Clause Enterprises Five prints of the map of the subject premises Our firm check made payable to the Board in the amount of $50.00 representing the filing fee. Would you please place this matter on the agenda of the next meeting of the Board of Appeals and advise the undersigned as to the date and time of the scheduled hearing. Should you have any questions regarding the enclosed, please contact the undersigned. Very truly yours, William W. Esseks W WE/glm e~cls. Southold Town Board of Appeals . APPEALS BOARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEFH H. SAWlCKI January 11, 1984 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3203 - D.J. Clause Enterprises Dear Mr. Esseks: At a Special Meeting of the Board of Appeals held last evening, the board members reviewed the subject application and have scheduled same for a public hearing to be held st the next Regular Meeting, to wit: Wednesday, January 25, 1984 at 8:00 p.m. subject to receiving the following informa- tion prior thereto: Plan showing the proposed location of the fire walls for these buildings in this proposed division of land. Also, the board members would like to personally visit the premises for an interior inspection on Sunday, January 22, 1984 at approximately ]_1:00 a.m. (i.e., barber shop, Bandwagon, etc.). Please let us know whether or not chat date is con- venient for you. ~>urs very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHiE LATHAM, Jr. WILL~AM F. MULLEN, Jr. TO~~. 01~ D S U..~.FOI.~K ~OfJ N'TY Southold, N.Y. 11971 · . . . ,, TELEPHONE July 12, 1983 Mr. William W. Esseks Esseks, Hefter, Cuddy & Angel 108 East Main Street Riverhead, New York 11901 Re: D.J. Clause, Ent. Minor Subdivision Dear Mr. Esseks: After an on site field inspection on the above captioned property and discussion of same at our meeting, Monday, July 11, 1983 it was noted that the subdivision map has been revised to reflect two (2) lots as requested by our Board at our meeting held May 24, 1982. The lots proposed do not meet the require- ments of the current zoning and would require approval from the Zoning Board of Appeals. Confirmation and procedure for applica- tion to the Zoning Board of Appeals with regard to this may be obtained by contacting the Building Department. The following action was taken: RESOLVED that the Southold Town Planning Board declare it- self lead agency with regard to the State Environmental Quality Review Act in the matter of the minor subdivision of D.J. Clause Ent. located at Mattituck. An initial determination of nonsignifi- cance has been made. Prior to further action by this Board we would request a dis- closure statement listing all parties involved and a determination from the Zoning Board of Appeals. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. cc: Zoning Board of Appeals Long, Secretary AFFIDAVIT ,.,l;; OF NEW YORK) ) {iOUNTY OF SUFFOLK) SS.: DONALD J. CLAUSE, being duly sworn, deposes and says: That D.J. CLAUSE ENTERPRISES, a New York partnership, is the owner of premises located on Love Lane, Mattituck, Town ~f Southold, County of Suffolk and State of New York, and ~aid property is the subject of an application to the Southold Town Planning Board for a min~ subdivision of said property into two lots. That at the request of the Planning Board of the Town of Southold, your deponent herein sets forth the partners of said partnership: 1. Donald J. Clause, Clause Commons, East Hampton, New York 2. Johanna Podesta, 213 Evergreen Avenue, Staten Island, New York 3. Muni Hammer, 500 7th Avenue, New York, New York 4. Joseph Mansour, Sunset Beach Road, Sag Harbor, New York Sworn to before me this ~Zday of /,,.- · o 1983 (Do~al~ [~ Clause'~'- HENRY E RAYNOR Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. Nilliam F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765 - 1988 May 26, 1982 Ms. Abigail Wickham Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: D.J. Claus Enterprises Dear Ms. Wickham: The Southold Town Planning Board captioned property and discussed May 24, 1982. field inspected the above same at our meeting held It is the concensus of the board that the subdivision maps should be revised to reflect two (2) lots; ~ots numbered one and two should be designated as lot number one and lots numbered three, four, and five should be designated as lot number two. If you have any questions regarding the above, please do not hesitate to contact this office. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals'at the Town Hall, Main Road, Southold, NY, on Wednesday, ~.lanuar~ 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A)[1], and Article XI, Section 100-118 (D) & (E), for permission to construct modular home con- raining less than 850 sq. ft. of livable floor area and reinstat- ing the use of this structure as a one-family residence, ex- ceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel ~ l~oS~ I000.141-2-16, 17, 18, 19, 21, 21.1. 7:35 p.m. APplication of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ord- inance, Article 1II, Section/~ 100-30 (A) for permission to construct accessory building for use as caretaker's cottage and garage ih addition to existing dwellings on this 9_.+ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Pareel No~ 1000-6-1-3. 7:40 p.m. Application for CHRISTINA M. DINIZI01 by Greenport Housing Alliance, 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article Ill, Section 100~30(A) for permis- sion to establish two-family dwelling use on a parcel of land containing less than the required four-acres in thisJ A-Residential and Agricultural District. Location of Property: North Side Flint Street, Green- port, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. 7:45 p.m. Application for HERBERT R. MANDEL, by Garrett A. Straug, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition to dwelling with an insufficient sideyard setback at the East Side Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. 7:50 p.m. Application of DOUGLAS CASTOLDII 855 Eugene's Road, Cutchogue, ~ NY for a Variance to the ~' Zoning Ordinance, Article VI, ~' Section 100-61 for permission to construct addition to rest- aurant leaving an insufficient f'renyard setback. Location: Kenney's Road and North Sea Drive, Southold, NY (Beach- wood Cafe); County Tax Map Par6el No. 1000-54-5-22. ~'~:00 p.m. Application forN D.J. CLAUSE ENTERPRISESI by William W. Esseks, Esq,, 108 East Main St., Riverhead, NY for a Variance to the Zon- ing Ordinance, Article VII, Section 100-71 for approval of~ insufficient area and width of ~arcels in this proposed divi- lsion of land at the East Side Love Lane, Matfituck, NY; County Tax Map Parcels No. 1__~9-14_0-3-3.1 For information concerning the above matters, please contact Linda Kowalski at 765- 1809 (1802). Those persons having an interest in any of the above matters may appear at the time and place specified herein. Dated: January 10, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRIHGER CHAIRMAN 1T-t/19/84(10) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricio 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 the /~ ~' d~:y of ............... .~ .~. zw..~ :~...~. ................. 19.~..~... dwelling use on a parcel of ~d~ laq~ontaining le~ than the re~l four-acros in this A- Re~Wrential and Agricultural District. Location of Property: North Side Flint Street, Greenport, NY; County Tax Map Parcel No. 1000-48-2-13, and parts of 14 and part of 7th Street. , 7:45 p.m. Application for HERBERT R. MANDEL. by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinanco,'Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side lulet Lane Extension, Grcenport, .__NY; County Tax Map Parcel No. lO00-OaG~-026. 7:50 p.m. Application of DOUGLAS CASTOLDI, 855 Eugene's Road Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-61 (Bulk Schedule) for permission to construct addition to restaurant leavin~ an insufficient frontyard setback on Keuney's Roadand North Sea Drive, Southold, NY; County Tax Map Parcel No. I000-54-5-22 (Beachwood ) SS: couNTY i~uFFOLK ) SUS]kN ~] ~kLL~kN of Greenport, in said County, being duly sworn, says that he/she ia ;*rincipal Clerk of THE SUFFOLK TIMES, a weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New york, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one _ weeks sucCeSsively, commencing on the ~ day of ~ 19_J~ ~ Principal Clerk Sworn to before me this -~q ~-h day of ~ 19 $ 4. 'NOTICE IS HEREI~ GIVEN, pursuant to Sect 267 of the Town Law and ~ Provisions of the Amend~ Code of the Town of Scuthol~ a Regular Meeting and th following public hearings wi] be held by the Southold Toy Zoning Board of Appeals ~ the Town Hall, Main Roa~d · . Southold, NY, on Wednesda. January 25, 1984 commene~ at 7: 30 p.m..and as follows: 7:30 p.m Application of' f'~NORTH PORK BAPTIST CHURCH. by G.L. Horton Box 21, New Suffolk, NY 119~6 for a Variance to the Zoning ~/~ ~.Drdinance, Article III, Sec- lions 100-30(A)[1], 100-31, and Article XI, Section 100-110(D) & (E), for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the Use of this structure as a one-family .. residence~ exceeding the limit of dwellings permitted on this ~. parcel.in th~s A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel Nos. 1000-141-2-16, 17, 18, 19, 21, 21.1. · 7:35 p.m. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a ~a J~a.r. iance ~. to the Zoning Ordinance; Article III, Section 100-30(A)'for permission to · construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 9+ ~acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000~1-3. 7:40 p.m. Application for CHRISTINA M. DINIZIO, by Greenpurt Housing Alliance, 18 South Street, Greenpert, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for petrols- sion to establish two-family by William 108 East Mai: ~]Y for a'~ r lng Ordihanc~, Article Vll, Section 100-71 for approval of insufficient area and width of parcels in this proposed division of land at the East ":Side Love Lane, Mnttituck, ~" NY; County Tax Map Parcels · No. 1000-140-3-3.1, 42.1, 42.2, 4~. ~'~For iuf0rmation concorning :the above matters, please contact Linde Kowalski at 765- 1809 (or 1802). Those persons having an interest in any of the above matters may appear at .the time and place specified herein, rI· '" : Dated: January 10, 1984. ': · . BYORDER OF ~ THE SOUTHOLD TOWN ~Y"~ BOARD OF APPEALS "GERARD P. GOEHRINGER CILa. IRWIAN ITJ19-4467 the ~own Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the $outhold Town Zoning Board of Appeals'at the Town Hall. Main Road, Seuthold, NY, on Wednesday, Januar~ 25, 1984 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A)[I], 100-31~f~ and Article Xl, Section 100-118 (D) & (E), for permission to construct modula~r Ilome con- t~ining less than 8~ sq. ft. of livable floor ~rea and reinstat- tog the use of this structure as & one-family residence, ex- coeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side C.R. 48, Mattituck, _1~'; County Tax Map Parcel.~ il, 21.1. 7:35 p.m. APplication of EMILY P. RIDGWAYt Box 251, Fishers Island, NY for a Variance to the Zoning Ord- inance, Article III, 5ection~/ 100-30 (A) for permission to construct accessory building for use as caretaker's cottage' and garage i~ addition to existing dwellings on this 9--+ acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No: !00076-1-3. ,,~ , :, 4,,.7:40 P.m. Application for CHRISTINA M. D1NIZi0, by Greenport Housing Alliance. 18 South Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article I11, Section 100t30(A) for permis- sion to establish two-family wood Cafe); County Tax Map Parcel No. 1000-54-5-22. ~LAUSE ENTERPRISES~ by William W. Esseks, Esq., 108 East Main St., Riverhead, NY for a Variance to the Zon- ing Ordinance, Article Vll, Section 100-71 insufficient area and parcels in this proposed dirt* r sion of land at the East Side Love Lane, Mattituck, NY; County Tax Map Parcels 1000-140-3-3.1, 42.1, 42.2, 43. ~' For information concerning ~ the above matters, please contact Linda Kowalski at 765- 1809 (1802). Those persons having an interest in any of the above matters may appear at the time and place specified Dated: January 10, 1984. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1T.1/19/84(10) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ..................... ./. ................. weeks successively, commencing on the day of ............... · · .~'~.~ ................. swo ,o before me ............. ../.&Z ......... day o, 1 :i:~. 52-'~321723 R~iding in Suffolk ~un~ tit/ Comra~ioa ~pfi'es ~'hl,rcfl .~, 19~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~-~)~ DATE . 11/,17/83 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, IWe)...D.J....ql.a..u..~.Lh:~,~.~.~.pr.~.~.~ .............. of ........ ~l~.~.e...C.o.~omoas .................................. Name of Appellant Street and Number ..~..a..s...~...~.a..m..~.~..o..q.~ ................................................................ .~.e...~....~...q~..k.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED:10/6/83 FOR: DJ Clau~se Enterprises WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of ...... ..~.La..u..s...e.....c..~..m...m..~."n..s..~....E...a.~.t:.~.~...a.mp..t;.~.~.~...~.~.~...~.~...r..k.. ............................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO ~ divide property 1. LOCATION OF THE PROPERTY ...... LQ~..L~.q~.,...~;~q~.~.~ ................... ~:~ .................... Street and Hamlet Zone Pia~.....l~O.~..~lo.ck..3.,...1.~ta..4/~a ...........OWNER(S): Map No. Lot No. 10/28/81 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 VII , Section 100-71 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of occess (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) An area Variance is requested for the reason thor ~m~:~xki~xd~k the lots are insufficient in width and area as required for B-1 Zone and insufficient building setback from proposed property line. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficultiesorunneces- sory HARDSHIP because the division of the property require that it be in conformance with the Zoning Code and since the property is already improved it does not meet the present Code requirements. Thus the strict application of the Ordinance will create a hardship; i.e, the owner would not be able to divide it. 2. Thehardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because similarly situated stores and other commercial buildings have same setback and area of subject property but are owned individually. Therefore, in this particular locale, the hardship, as set forth in # 1 above, is unique to this parcel. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT ~[~:~x~x in any way. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) DJ CLAUSE ENTERPRISES By: ....... ~ ..................................... Signoture Sworn to this ~.~_:Z25z day of.....~'~'.'-~..~.-''~x'.'''~<'' .................. lC~3 ............. Notary 'Public BARBARA ~BONER Notary Pul)Itc, State of NewYork No. 52-1961010 Qualified In Suffolk County Commission Expires March 30, 1985 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of T~T ~T~tT~:~_ ~NT~RPRT~R to the Board of Appeals of the Town of Southold TO: Leon & Lois Milowski Mattituck Park District Val Stype Donald J. Clause NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ th~e~intention of the undersigned to petition the Board of Appeals of the Town of Southold [circle ~hoice] to request ~__~ariance_~Special Exception)(Special Permit) (Other) - 2. That the property which is the subject of the Petition is located adjacent to y. our property and is des- cribed as follows: North by Milowski~ East by Mattituck Park D~strict and Val Stype; South by Donald J. Clause and West by Love Lane. 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: area variance in accordance with existin~ setback lines. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VEl Section 100-71 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) 765-1809. 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: 11/17/83 DJ Clause Interprises ~titioner P~tOffice Addr~s Clause Commons 400 Pantigo Road East Hampton, New York STATE OF NE~ ¥0RK COUNTY OF SUFFOLK : COURT STATE OF OF SUFFOI ) ss.: AFFIDAVIT OF MAILING being duly sworn, deposes and says , 19 83, she served the GENE L. MAY that on the 12th day of December within Notice to Adjacent Property Owner upon William Gildersleeve ~mxa~n~t~l~x~RZx~k~x~xna~ by depositing a true copy of the same securely enclosed in a postpaid wrapper ina Post Office Box regularly maintained by the United States Govsrument at Riverhemd in said County of Suffolk directed to said R~~x[9[x~ William Gildersleeve at Deep Hole Drive, Mattituck, New York 11952. that belmg the address within the State designated by him for that purpose upon the precedin~ papers in this action~ or the place where he then kept an off~-e between which places there then was and now is a regular commun~cation by m~il. Deponent is over 18 years of age~ is not a party to this action and resides at Quogue, New York. Sworn to before me this day of December (Gene L. May) , 19 83 No. 470104~.~d~OltlSlf $ ~ ~er~ ~x~res Mm, ch ~0, 19 g BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of h~i CT.Att~E I~'~T~PPPTgI~g to the Board of Appeals of the Town of Southold TO: Leon & Lois Milowski Mattituck Park District Val Stype Donald J. Clause NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thai it i~ th~.exintention of the undersigned to petition the Board of Appeals of the Town of Southold request a (Varian~e~).~Special Exception) (Special Permit) (Other) [circle choice] to ). 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 Milowski~ East by Mattituck Park District and Yal Stype; South by Donald J. Clause and West by Love Lane. 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: area variance in accordance with existing setback lines. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Vtl Section 100-71 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. (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: 11/17/83 DJ Clause Interprises Petitioner PostOffice Address Clause Commons 400 Pantigo Road East Hampton, New York NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. Donald J. Clause Clause Commons East Hampton, New York 11937 Mattituck Park District Mr. & Mrs. Leo Milowski Val--Stype & Sons, Inc. Love Lane Mattituck, New York Pike Lane Mattituck, New York Main Road Mattituck, New York 11952 1195~ 11952 ,~'E43F~E~ED, IN~URED AND CERTrIFIE~) MAIL ~gue; New York , being duly sworn, deposes and says that on the 2nd day deponent maiJed a true copy of the Notice set forth on the re- Sworn to before me this ~ ~/> day of, December~-~ 19 83 Nc~ry Public ELLEN J. PFI'ERNIAK of Dec ember 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 Riverhead: New York ; that said Notices were mailed to each of said persons by (certified) (~:d;k mail. (Gene L. May) SHORT ENVIRON'MMNT.~L ASSESSMENT FORUM INSTRUCT!CNS: (a) In order to answer the questions in this shor~ EAr is is assumed that the preparer will use currently available inforr..ation concerning the project and the likely impacts of the action. It is not ex~oected that additional s~udies, research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely tb~t this project is not significant. (d) Enviror_mental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , · . . . . · · 2. Will there be a major change to any unique or unusual land form found on the site? 3- Will project alter or have a large effect on an existing body of water? · . . · . Will project have a potentially large impac~ on groundwater quality? . , · , · · · 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? . . · · · · · 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual char- known to be important to the community? . . . 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or Will project ~ffect the existing community by directly causing a ~rcwth in permanent popula- tion of more t~an 5 percent over a one-year period or have a major negative effect on the character of ~he com. munit¥ or neighborhood?. 15. Is there pu~c~ntrovers? concerning the projec%? PREPkRER, S SICNATL~E: ~~%~ ~PR~S.,;TIJG. DJ Cia__e Enterprises DATE: 911178 Yes X No Yes X' No Yes X No Yes X No Yes X No Yes, X No Yes X No Yes X No Yes X No X Yes No Yes X No Yes X No Yes X No Yes X No Yes X No Partner 11/17/83 11/17/83 (Today's Date) To: Southo!d Town Board of Appeals ' Main Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: DJ CLAUSE ENTERPRISES Love Lane~ Mattituck, New York Dear Sirs: re-e-~nc~ to the New Yo~.. S~=~_ Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York Stat~ Env~ ~ ~= ~ ~-o~men~_l Conservation Law, please be advised that the subjecu property io the within appeal ~;~=*~ · (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this prooertv is a bu~=~d ......... in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 == ~ - ~-e~ of tidal wetlands; co~.s~r.c~_~ a!onc the wate~-lyinc edge of this property is a bu!~head in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located w-,hln 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. not [ ] o[x] appear to May be located within 300 feet of tidal wetlands; and th__~ is no bulkhead or concrete wall exiating 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall w'= ' z=hzn the jurisdiction of the N.Y.C. D.E.C.] Sincerely yours, DJ ~a~i~Enterprises (Signature pl~asel (Donald J. NOTE: If proposed project falls witch.iR D.E.C. jurisdiction, approval must be received an~ submittdd to our office before your application can be scheduled for a public hearing. Clause) Southold Town Board of Appeals MAIN ROAD- STATE ROAC) 25 SrIUTHC)I_O, g.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H~ SAWlCKI December 8, 1983 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Variance Application for D.J. Clause Enterprises Dear Mr. Esseks: Today we received your December 2, 1983 letter with enclosures. Please have the attached Notice to Adjacent Property Owner form completed on both sides and returned with the postmarked certified receipts. Once we have received the above, your documents can be filed with the Town Clerk. Thank you for your cooperation, and if you have any questions, please don't hesitate to call our office. Yours very truly, Enclosure GERARD P. GOEHRINGER CH I RMAN N 6 Legend ,,E,,,,,.,.j~j ~.~=~,~.,_.,.,,.,_ (~) COUNTY OF SUFFOLK "~ -~'~_____~° Real Property Tax Service Agency ~_..L^GE~ ...... ...... .. Fou.,,; c..~,.. ...,~..o. Iooo ,~verneaa, L. I, New York