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HomeMy WebLinkAbout3176 ;79 10007 North Ba,yv'iew Rd', SoUtho:i(~l- 4~1~/:~4-- CA-reseparate two parcels w/insuff, area & width and for approval of access. Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SrlUTHOLD, L.I., N.Y. 119'71 TELEPHONE (5'~6) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3176 Application 'Dated October 5, 1983 (Public Hearing April 5, 1984) TO: Mrs. Car0] P10ck [Appellant(s)] P.O. Box 1208 Southo]d, NY ]197] At a Meeting of the Zoning Board of Appeals held on A_pril ]9, ]984 the above appeal was considered, and the action indicated below was taken on your [X] Request for variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for The public hearing on this matter was held on April 5, 1984, at which time the hearing was declared closed pending deliberations. Upon application of CAROL PLOCK, 10003 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reseparate two parcels with insufficient area and width, and a Variance for approval of access, New York Town Law, Section 280-A. Location of Property: 10007 North Bayview Road, Southold, NY; County Tax Map Parcel Nos. 1000-79-5~17 and 21. The board made the following findings and determination: By this application, appellant seeks: (a) approval of insuffi- cient area and width of a parcel of land of 41,888 sq. ft. and 120 feet, respectively, and insufficient area of a second parcel of 44,074 sq. ft. (b) approval of access over a private 50' right-of-way for a length of 640 feet to the interior parcel in question. Upon inspection of the premises, the board finds Parcel "A" to be improved with a one-family dwelling and Parcel "B" vacant. It is noted that Parcel "A" (1000-79-5-17) was conveyed by separate deed during 1971, and that Parcel "B" (1000-79-5-21) was conveyed by separate deed December 23, 1970, to John L. Plock, Jr. and Carol A. Plock. At the time of the conveyance of these parcels to the applicants, the minimum zoning requirement was 12,500 sq. ft. in area and 100 feet of lot width. The right-of-way in question for access by emergency and other the reasoning of the applicant. is in good, satisfactory condition vehicles. The board agrees with In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that the granting of the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) DATED: May 29, 1984. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3176 Matter of CAROL PLOCK Decision Rendered April 19, 1 984 that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3176, application of CAROL PLOCK for approval of insufficient area of two parcels, and insufficient width of 120 feet, and for approval of access, BE AND HEREBY IS APPROVED AS APPLIED AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the right-of-way must continuously remain clear of all brush and be unobstructed for a minimum width of 15 feet, and con- tinuously maintained in good condition; 2. Planning Board approval as required by Chapter Al06 of the Code. Location of Property: Private of North Bayview Road, Southold, NY; 1000-79-5-17 and 21. Right-of-Way off the north side County Tax Map Parcels No. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote. P. ECEIVED AND FILED BY TIlE SotrrHOLD TOWN CLERK k, Town of So.hold GERARD P. G~EHRING~, CHAIRMAN May 30, 1984 ~ Southold Town Board of Appe.ls IvlAiN RC~AD- STAT~ EESAD 25 SC3UTHt~LD, L.L, N.Y. 11971 TELEPHONE (516) 765-1809 .a, PP EA LS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROi~ERT J. DOLI~LASS JOSEPH H. 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 Board of Appeals at the Town Hall, Main Road, Southold, NY on T~UrSday~Apr~il 5, 1984, .commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearing - JAMES F. DRUCK !II (from 3/2/84). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for permission to re-separate Lots 31 and 32, Map of Laurel Park, Map No. 212,'with insufficient area and width and sideyard setback of existing dwelling~ County Tax Map No. 1000-127-7-t5 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for permission to locate dwelling with an insuffi- cient frontyard setback from Washington Avenue. Location of Property: Southwest corner of Washington Avenue and Middleton Road, Greenport; County Tax Map Parcel No. 1000-041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cuchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for Fermission to re-separate two parcels with insufficient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 and 5. /.-'"'~'~1:50 p.m. Application of CAROL PLOCK, 10003 North Bayview Road~ / III, of access f 10007 Nos. Southo!d, NY for a Variance to the Zoning Ordinance, Article fSection 100-3i for permission to re-separate two parcels with insufficient area and width, and a Varia~ce for approval New York Town Law, Section 280-A. Location of Property: North Bayview Road, Southold, NY; County Tax Map Parcel lO00-79-5-17~and 21. 8:00 p.m. Application of GEORGE, AND NATALIE WIESER, 1415 Har- bor Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100=32 for permission to construct accessory swimmingpool in an area other than the rear yard at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. P~ge 2 Legal Notice ~ Hearings Regular Meeting of April 5, 1984 Southold Town Board of Appeals - 8:05 p.m. Application of ROBERT BROWN, Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII~ Section 100-81 for permission to construct addition with an insufficient frontyard setback. Location of Property: 74450 Main Road, Green- port; County Tax Map Parcel No. 1000-45-06-006. 8:10 p.mo Application of BERIT LALLI, 1405 Narrow River Road, Orient, NY for a Varian:e to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition with an insufficient rearyard setback. Location of Property: i405 Narrow River Road~ Orient; County Tax Map Parcel No. 1000-027-03-006.3. 8:15 p.m. Application for THOMAS R. AND BARBARA D. MERCIER, New Suffolk Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordinance, Article III, Sec- tion lO0-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. I000-141-01-21; "Map of Clara W.R. Reeve #212", Part of Lot 8:25 p.m. Application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, ?.C,) for Variances to the Zoning Ordinance: [a] for approval of insufficient width of two proposed parcels and [b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. lO00-112-Ol-Oll and 012. 8:30 p.m. Application 'of CROSS SOUND FERRY SERVICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section lO0-70[A) and Section 100-71 for permission to Ia] construct principal building with an insufficient frontyard setback from the e~sterly property line and terminal use i~ this B-1 Business District. 42175 Main Road, Orient, NY; County Tax Map ll. [b] establish a ferry- Location of Property: Parcel Nos. 1000~0i5-09- 8:45 p.m. Southold, NY for a Section lO0-31 for parcels located at Tax Map Parcel No. Application for MARY GRIGONIS, 550 Wells Avenue, Variance to the Zoning Ordinance, Article III, approval of insufficient area of two proposed the west side of Wells Avenue, Southold; County 1000-061-03-08. .For information concerning these matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, So~thold, NY; tel. 765-1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN (end of legal notice) ~PSge 3 Legal Notice~6~f Hearings Regular Meeting of April 5, 1984 Southold Town Board of Appeals NOTZCE TO NEWSPAPERS: Please publish once, to wit: Thursday, March~9, 198q and forward 11 affidavits of publication to: L. -~-~walski~ Board of Appeals, Main Road, Southold, NY 11971, before April 3, 1984. Copies have been forwarded to the following 3/26/84: Suffolk Times (personal delivery) L.I. Traveler-Watchman, Inc. (personal delivery) Posted on Town Clerk Bulletin Board Dr. and Mrs. James A. Christie Mr. Robert A. Campbell Mrs. Linda Miller Faulkner Mrs. Carol Plock Mr. and Mrs~ George Wieser Mr. Robert Brown Mr. Berit Lalli Dr. and Mrs. Thomas R. Mercier Wickham, Wickham & Bressler, P.C. Mr. and Hrs. Peter Lenz Wickham~ Wickham & Bressler, P.C. Mr. Howard W. Young Cross Sound Ferry Services, Inc. Attn: R. McMurray Mrs. Mary Grigonis Mr. Charles Grigonis Supervisor and Town Board Planning Board Individual ZBA files Building Department FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To . .~*~.~9...~.....~..L~.~_~.~-....~'..~. PLEASE TAKE NOTICE that your a~v'~ ~.~ . .L~o..~...../~..~ ...... 19 .~. ~.. f°rpermit t° c~a~*vxct' '~' ~ '~' '~~ .~...~...~.. ............................ ~ ~ _0 at Location of Property h .o~o !~o'?''' '1~'' 'c~?'~?'5~' .... County Tax Map No. 1000 Section ... 17..~ ...... Block .... .~. ....... Lot ...-~..~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds....~.~'.\ .e~..~.. ~ .i~..". .~?. VQ ) .............................. Building Inspector RV 1180 TOWN OF SOUTHOLD, N~W YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE TON lNG BOARD OF APPEALS, TOWN C F SOUTHOLD, N. Y. '5tre~ and Number Municipality Stot~ THE Z~ING~BOARD OF A~P.~LS FRoM THE DECISION OF THE ~BUI~ING I~PECtOR ON APPLICATION DATED:~aq [~ FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO .................... ....... ........ Nome of Applicant for p~ermit of ....,~ .~..(~. ~..~, ...... .~,...~, .(~..~,~,.~ k,~...~C~, ;....., .~..~,~......~L..c~../...~. :...~. , Street and Number ~Municipolity State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATIOF~ OF THE PROPERTY ......................... Street ~ H~r~let Zone 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~ , Section "~0~ ~ 3. TYPE OF APPEAL Appeal is made herewith for ~ A VARIANCE to the Zoning Ordin.ance or Zoning Map A VARIANCE oue to lack of access ~Stafe af New York Town Law Chap. 62 Cons Art. 16 Sec. 280A Subsection 3 Lews 4. PREVIOUS APPEAL A previous appeal (~crs") (has not) been made with respect to this decision of me Building Inspector or with respect to this property. Such ~ppeal was [ . request for ~ special permit ( ) request for a va dance and was made in Appeal No ................................. Dated .................................................................. REASON FOR APPEAL (~,) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is rec~ested for the reason that we woula like (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sarv HARDSHIP because 2 The hardship created is UNIQUE and is not shared by al!~ properties alike in the immediate vicinity of this ~roperty and in this use district because' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE / ss ....................... COUNTY OF Signature Sworn ,o this ............ ~, .................. day of ........... .~....~ ................ 19~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGFR, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN RI:3AD-STATF' ROAD 25 Sr'IUTHr'ILD, L.I.o N.Y. TELEPHONE (516) 765-1809 May 30, 1984 Mrs. Carol Plock P.O. Box 1208 Southold, NY 11971 Re: Appeal No. 3176 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD P. GOEHRINGER ~~F. Kowalski Secretary Southold Town Board of Appeals I~AIN ROAD- STATE Rr-IAD 25 51-1UTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS 8OARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E. Q. R. A. October 11, SERGE DOYEN, JR ROBERT J. DOUGLASS N~A~I~lq! DI~.CT,-~,ATION JOSEPH H, SAWICKI Notice of Determination of Non-Significance 1983 APPEAL NO.: PROJECT NAME: 3176 CAROL PLOCK This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project ng.t to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Re-separate two lots which have become merged. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-Way off the north side of Bayview Avenue; Two parcels located at the east side of Right-of-way more particularly identified as CTM #1000-79-5- 17 and 21. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not located in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. Southold Town Board Appeals March 2, 1c. Regular Meeting APPEAL NO.: 3223 PROJECT NAbIE: THOMAS R. AND BARBARA D. MERCIER This notice is issued pursuant to i'~rt 617 (and Local Law #44-4) of the implementing regulations pe£taining To ftrticle 8 of thee State Environmental Quality Review Act of thc Envir~nmehtal. Cons(~rvation La~:. This board determines the within p]:oject not to have a significant adverse effect on the envirorunent. Also, please, take notice that this declaration should not be considered a detormination made for any other department or agency which may also have an applicnt~on pending foz' the same or similar project. TYPE OF ACTION: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: Io convert existing single-family dwelling use into professional offices in this A-Residential Zoning District~ LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ~905 Middle Road, REASON(S) SUPPOi[TING THIS DETL~b~-iN %lIOg~: (1) An Environmental Assessment in the Short }:'or~ has be~n sub- mitted which indicates that no significant adverse effects to environment are likely to occur should this proiect bc implemented as planned. (2) Building is existing and is landward of other' principal buildings on adjoining lands. AP~AL N~.: 3176 ~ROJECT ~,].~V1E: CAROL PLOCK Th:is notice is issued pursuant to Part 617 {and Lo~l Law ~44-4) of the implementing regulations pe~-taining to Article 8 of the SLate Environme. tal Quality Review Act of the Enviromnenta]. Conservation La~ This board determines the winhin project not to have a significant adverse effect on the enviro~nent. Also, please taku notice ~hat this declaration should not be considered a de~3crmination made for any other department or agency which may also have an ~pp.~lcatzon pending zo~ the same or similar project~ TYPE OF ACTION: EX] DESCRIPTION OF ACTION: merged. Type I1 [ ] Unlisted [ ] Re-separate two 10ts uhich have become LOCATION OF PROJECT: Town of Southold, County of Suffolk, ~ore particularly known as: R-0-W off north side of Bayview Avenue; two parcels identified as CTM #]000-79-5-i7 and 2l. REASON(S) SUPPORTING THIS DETErmINATION: (1) An Environmental Assessment in the Short Form has been sub- micted which indicates that no significant advc~rs~ effects to the environment are likely to occur shculd this project be impleme~ted as planned. (2) Subject premises is not located in a critical environmental area. Southo wn Board of Appeals MAIN ROAD STATE ROAD 2S SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 785-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI January 12, 1984 Mr. Henry Raynor, Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Matters Pending Before Z.B.A. and Planning Board Dear Henry: The following is a list of those matters temporarily held in abeyance which involve applications in both the Planning Board and Z.B.A. which might be of assistance to you: Walter Hairston - Subdivision at Carole Road, Peconic. Robert Entenmann - Subdivision at L.I. Sound, MattituCk. Clempner and Mandel - Relocation of lot line and elimination of building lot due to proposed mergers. Inlet Lane Extension, Greenport. Linda Miller Faulkner Cutchogue. Subdivision at West Creek Avenue, Peter and Patricia Lenz Mattituck. Subdivision at L.I. Sound, R rOl Plock - Subdivision along R-O-W, North Side Bayview ad, Southold. Frances D. Epp - Subdivision at Pine and Maple Roads, Wesland Subdivision, Southold. Patricia Stegner - Subdivision along R-O-W, Private Road No. 12, South Side Main Bayview Road, Southold. ~Page 2 January 12, 1984 To: Mr.. Henry Raynor, Chairman Southold Town Planning Board John and Frances DiVello - Subdivision off Westphalia Road, Mattituck. (Wickham, Wickham & Bressler, P.C.) Henry P. Smith - Subdivision on the West Side of Peconic Lane, Peconic. (Philip J. Ofrias, Jr., Esq.) Mary N. Code - Subdivision at Goose Neck Estates, Southold. (Application would have been filed after 1/5/84.) Thomas Yasso - Site Plan for proposed storage building in a B-1 Zone. South Side Main Road, Mattituck. Please let us know if there is any information we can provide from our files which may be necessary in your records. Yours very truly, cc: Building Department GERARD P. GOEHRINGER APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN RnAD- STATE: RI-lAD 25 S[3UTHC3LD, L.I., N.Y. 11c:j'71 TELEPHONE (516) 765-1809 October 17, 1983 Mrs. Carol Plock 10003 North Bayview Road Southold, NY 11971 Re: Appeal No. 3176 Application for a Variance Dear Mrs. Plock: Please be advised that the following action was taken concerning your recent application for a variance at the board's Special Meeting held October 11, 1983: RESOLVED, that Appeal No. 3176, application of CAROL PLOCK for a proposed separation of two parcels which have become merged, be held temporarily in abeyance pending receipt of comments from the Southold Town Planning Board, pursuant to the January 13, 1982 list of procedures. This resolution was unanimously adopted. Once the Planning Board has reviewed your application in its preliminary stage and comments or recommendations have been made, please let us know. If you have any questions at any time, please don't hesi- tate to call. Yours very truly, cc: GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Planning Board Secretary Building Department Southold Town Board o~Appeals -6- Octobe~ll, (Appeal No. 3144- KATHERINE ~HEINS, continued:) 1983 Special Meeting RESOLVED, that Appeal No. 3144, application of KATHERINE HEINS for approval of insufficient area and width of two proposed parcels, BE AND HEREBY IS DENIED. Location of Property: North Side of Main Road (S.R. 25), Orient, NY; County Tax Map Parcel Nos. 1000-19-2-5 and 6. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. AWAIT REPLY: Appeal No. 3159. addition reducing rearyard setback. EDWIN W. STEWART. Proposed 20 Carole Road, Southold, NY. The public hearing on this application was held and closed on September 29, 1983. Mr. and Mrs. Stewart are not available locally, and the board is awaiting a reply sent to their Indianapolis, Indiana address as to the distances involved. This matter will again be placed on the October 27, 1983 agenda for consideration. NEW APPLICATION: Appeal No. 3176. CAROL PLOCK. Variance n---~ff~a and width of two pa~wh-~ have become d, and for approval of access over a private right-of-way off orth side of Bayview Road, east of Reydon Drive, Southold. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3176, application of CAROL PLOCK for a proposed re-separation of two parcels, be held temporarily in abeyance pending receipt of comments from the Southold Town Planning Board, pursuant to the January 13, 1982 list of proce- dures. ThVote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) is resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3177 - GEORGE J. WIESER for 280-A. After reviewing the application of Mr. Wieser, filed 10/7/83, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was LEGAL NOTICE NOTICE IS HEREBY' GIV- EN, pursuant to S~lon 267 of thc Town' L~w and the Pro- visim~ ~ the Amended Code of the Town of ~Y~0~athold, u Regular Meeting~md the f~low~ public ~ss wm be held by the So~thold Town Board of Appeals ut the Town Hall, Main Road, Southold, NY on Thursday, April 5, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Receas~d Hearing JAMES F. DRUCK III (from 3/2/84). 7:35 p.m. Application of' .lAMES A. and EDNA-MAE CHRISTIE, 675 North Oak- wood Road, Laurel NY for a Variance to the 7~ning Ordin. ance, Article IH, Section 100- 31 for permission to re-separ- ate Lots 31 and 32, Map of Laurel Park, Map No. 212, with insufficient ~'ea and width and sideyard setback of existing dwelling. County Tax Map No. 1000-127-7-15 and 16. ?:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article Ili, Section 100-31 for permission to locate dwelling with an insufficient frontyard setback from Wash- ington Avenue. Location of Property: Southwest corner of Washington Avenue and Mid- dleton ROad, Greenport; Coun- ty Tax Map Parcel No. 1000- 041.02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Or- dinance, Article IH, Section 100-31 for permission to re- separate two parcels with insufficient ~erea and width. Location of P~operty: South- west Side of West Creek Avenue, CutchogUe, NY; County Tax Map Parcel Nos. 100-~1 f~sion to re- separate two percels with~ insufficient area and width,~ and a Variance for approval of~ access, New York Town Law, Section 280-A. Location of Property: 10007 North Bay- view Road, Southold, NY; County Tax Map Parcel No~s,.~ %~_1000-79-5-17 and ,,21. ~--- '~8~.00 p.m. AppHcation of width ~ two proposed parcels coun~'l~ map varcel ~o. 1~-061-03-08. ~ ~or information conce~ing ~se ms.ers, please conta~ L~da Kowalski at the ~ce of ~ ~ard of Appeals, Town ~B, Southold, ~Y; tel. 7~- 1~ or 1~2. ~ose persons ha~g an interest in ~ese ~flars may appear and be heard at the time and place sp~ed above. Dated: March 17, 19~. BY ORDER OF THE SO~THOLD TOW~ BOA~ OF APPEALS GE~ P. GOEH~GER, C~MA~ 1T.3/29/~(62) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 .......... .......................... Sworn to before me this ~ ~ /~ day of CLEMENT d. T,~OMPsON NOTARY PU, BLIC, $tate of blew Vo R~:~, 52'932~125 rk Co~rnissioo ~r .... k C, Oun~ .' ~'o .~atch 30, 19.~/ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, a Regular Meeting and the fol- lowing public hearings will be held by the Southold Town Boarder Appeals at the Town Hall, ~Main Road, Southold, NY ol~lThursday, April 5, 1984, comn~encing at 7:30 p.m. and as tollows: 7:30 p.m. Recessed Hearing -- JAMES F. DRUCK III (from 3/2/84). 7:35 p.m. Application of JAMES A. and EDNA-MAE CHRISTIE, 675 North Oakwood Road, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re- separate Lets 31 and 32, Map ~of Laurel Park, M~p NoI 212, with ingufficient area and width and sideyard setback of existin/L!~. County Tax MalfIqS-.. 1000-127-7-15 and 16. 7:40 p.m. Application of ROBERT A. CAMPBELL, 140 Bay Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate dwelling with an insufficient fronfyard setback from Wash- ington Avenue. Location of Property: Southwest corner of Washington Avenue and Mid- dleton Road, Greenport; County Tax Map Parcel No. 1000-041-02-001. 7:45 p.m. Application of LINDA MILLER FAULKNER, Box 787, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section I00-31 fur permission to re-separate two parCels with insufficient area and width. Location of Property: Southwest Side of West Creek Avenue, Cutchogue, NY; County Tax Map Parcel Nos. 1000-103-13-4 /~:50 p.m. Application of~ CAROL PLOCK 10003 North Bayview Road, Southold, NY \ for a Variance to the Zoning ~ Ordinance, Article III, Section J100-31 for permission to re-[ _/separate two parcels witht insufficient area and width, and a Variance for approval of access, New York Town Law, Section 280-A. Location of~ Property: 10007 North~ Bayview Road, Southold, NY; vi ~,,County Tax Map Parcel Nos. 1000-79~5-17 and 21. 0:00 p.m. Application of'~ GEORGE and NATALIE WIESER, 1415 Harbor Lane, Cutohogue, NY for a Variance to the Zoning Ordinance, Article III, Section 10~32 for permission to construct accessory swimmingpool in an area other than the rear yard at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-10. 8:05 p.m. Application of ROBERT BROWN, Main Road, Grnenport, NY for a Variance to the Zoning Ordinance, Article VIII, Section 10081 for permission to construct addition with an insufficient frontyard setback. Location of Property: 74450 Main Road, Greenpart; County Tax Map Parcel No. 1000-45-06-006. 8:10 p.m. Application of BER1T LALLI, 1405 Narrow River Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition with an insufficient rearyard setback. Location of Property: 1405 Narrow River Road, Orient; County Tax Map Parcel No. 1000-027-03- 006.3. 8:15 p.m. Application for THOMAS R. and BARBARA D. MERCIER, Avenue, Mattituck, NY (by Wickham, Wickham & Bressler, P.C.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to convert an existing single-family dwelling use into two professional offices. Location of Property: 4905 Middle Road (C.R. 48), Mattituck, NY; County Tax Map Parcel No. 1000-141-01-21; "Map of Clara W.R. Reeve #212", Part of Lot 5. 8:25 p.m. Application for PETER and PATR1CIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, P.C~) for Variances to the Zoning Ordinance: [al for approval of insufficient width of two proposed parcels and [ b] for approval of access, New York Town Law, Section 230-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. 1000-112-01-011 and 012. 0:30 p.m. Application of CROSS SOUND FERRY SERVICES, INC., Box 33, New London, CT 06730 for a Variance to the Zoning Ordinance, Article VII, Section 100-70(A) and Section 100-71 for permission to [al construct principal building with an insufficient frontyard setback from the easterly property line and [bi establish a ferry-terminal use in this B-1 Business District. Location of Property: 42175 Main Road, Orient, NY; County Tax Map Parcel Nos. 1000-015-09-11. 3:45 p.m. Application for MARY GRIGONIS, 550 Wells Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels located at the west side of Wells Avenue, Southold; County Tax Map Parcel No. 10~0-061-03-08. For information concerning these matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765- 1809 or 1802. Those persons having an interest in these matters may appear and be heard at the time and place specified above. Dated: March 17, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TM29.4528 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that ha/she is 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 is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~ dayof March 19 84 Principal Clerk Sworn to before methis 29 dayof Plarch 19 84 Southold Town Board o£Appeals MAIN ROAD- STATE I~OAD :Z5 SOUTHOLD, L.I., N.Y. ll9?l TELFPHONE (516) 7651809 APPEALS ROA~D GERARD P. GOERRINGER. CHAIRMAN CHARLESGRIGONIS JR S.E.Q.R.A. October 11, 1983 SERGE DOYEN, JR ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH SAWICKI Notice of Determination of Non-Significance APPEAL NO.: PROJECT N~ME: 3176 CAROL PLOCK This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may al~o have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ DESCRIPTION OF ACTION: Re-separate merged. ] Unlisted [ ] two lots which have become LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Right-of-Way off the north side of Bayview Avenue; Two parcels located at the east side of Right-of-way more particularly identified as CTM #1000-79-5- 17 and 21. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not located in a critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. JUI)ITII '1. I'ERRY T()~ ('11 RK RI.C;ISIR~R OI VIF,Xl SI \1151 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 5, 1983 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3176 application of Carol Plock for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from t~eBui_lding~Depa~rtment; and survey. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~/ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ........... ....... ....... Name of Appellant Street end Number ...........................~'~.Lk.J~k~) ............................................. ~-~ '' '~ ..~.. :...~, ......... HEREBY APPEAL TO Municip<31ity Statel THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~ PERMIT TO BUILD ~ 1 LOCATION OFTHE PROPERTY Xt~ :~ ~..~.J~b~[,~\~.~ ~x.~ ~' Stre;t ~" H~i~% ............. Zone ...... ...... .... Mcp No Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub section and Pc~ragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Article ~ , Section ~.~ '-~ 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 (h~:) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such c, ppeal was ( ) request for a special permit ( ) request for a variance and wes mode in Appeal No ............................... Doted ...................................................................... REASON FOR APPEAL (7~ A Variance Section 280A Subsection 3 to (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that we woLtld l±ke FoImn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) STATE OF NE'~/YORK ) SS Signature Notary Public " ~LIZ~BETH RNI~ ~EVILL! ,,107~¥ PUBLIC, State ot ~ew 5~.~125850, Suffolk Co~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the N~Atter of the Petition of to the Board of Appeals of the Town of Southoid YOU AR[ HERE~Y GIV[~ SOIICE: NOTICE TO ADJACENT PROPE RT~Y OWNER 1. Th.~L~t-~.l~e '~LLbg~ndersigned to petition the Board of Appeals of the Town of Southold to request a(.(.~riance~.Special Excepti~on~) (Special Permit) (Other) [c±rcle cho±ce] 2. That the property which is the subject of the Petition is.L~.cated adjacent to your property and is des- 3. That which ,~ ^th~,e property is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~[[[~ Section ~ L~ C) -- ~ O ~ J 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. (53.6) 70/5-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heatrd at such hearing, Petitioner PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS LO STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , ~/~O1~ ~ d'~ e~ ~ ~ocJ~L~ id ,~ -b~rbeing duly sworn, depose; and says that on the ~[~ day o( ~'~t~C " , 19 ~ , deponent mailed a true copy of the Notice set forth on ~he re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current a~sme~ roll of the Town ofgouthold; that said Notices were mailed at the United States Post Of- ficeat ~ ~,~ ~ ~} ~ ~ ;thatsaid $otices were mailed to each ofsaid personsby (certified) (registered)-mail. 't '. - ~ - Sworn to bef~ ~e [his ~[ dayof [~D~r' ,19~ ~ Notary Public ' ~ ELIZABETH ANN NEVILUl q0TRRY PUBLIC, Sflte of New NOs 52-8125850. Suffofl~ SHORT ENVIRO,'~iMENTAL ASSESSMENT FO.~ INSTRUCTIO~iS: (a) In order to answer the questions in this short EAF is is assumed that the preparer wi!! use currently available Luformation concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmp!eted EnviroNmental Assessment Form is necessary. (c) If all questions have been answered No it is likely tb~t this pro~ect is not significant. (d) Enviror~ental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . Will there be a m~or change to any unique or unusual land form found on the site? 5. 6. 7. 8. 10. 11. 12. 1~. 1~. Will project alter or have a large effect on an existing body of water? . . . . . . Will project have a potentially large impac~ on groundwater quality? . ....... Will project significantly effect drainage flow Will project af~ct any t,hreatened or endangered plant or ~ ~ Will project result in a major adverse effect on air quality? . . . . . . . '~-~ project have a mmJor effect on visual char- acter of the com. munity or scenic views or vistas known to be important %o the com~munity? , . . Will project adversely impact any site or struct- ure of hissoric, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . , . Will project have a major effect on existing or future recreational opport~ui~ies? . . . Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or safety? Will project Affect the existing community by directly causing a growth in permanent popula- tion cf more than 5 percent over a one-year perlod oF have a major negative effect on the character of %se Community cr neighborhood°. Yea ~ No Yes ~/ No Yes ,~ No Yes ~ No Yes ,~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ Ne Yes ~ No Yes ~ No 15. Is there pub!i? coatrcversy.~ccncern~ng the project? Yes ~d No (Today's Dane) To: Southo!d Town Board of Appeals Re: Main Road Sou~ho~m, NY 11971 Appeal ApPlication cf Location of Property: 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 subjecn property iQ the within appeal application: (please check one box) [ ] May be tccated within 300 feet of tidal wetiands; however, construcned along the water-lying edge of this prcperny is a bulkhead in very good condition and at least 100 feen in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed a!cnc the water-lying edge of this prcper~y is a bulkhead in need of (minor) (major) repairs, and approximately feet in leng5h. £ ] 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 ' ~ ' ~ .a__ exlstLRg tn__~ Is ~ bulkhead or concrete w ] ] ' on ~h= pr~..i~es. -[~] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* z~ms (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (S~gna~ura pleasSj NOTE: If proposed project falls wibh,in D.E.C. jurisdiction, approval must be received an~ submit{dd to our office before your application can be scheduled for a public hearing.