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HomeMy WebLinkAbout3243 m<FV!N & I FR~ EY M]i, LOI,,LRKT #F~Z~'~ P~;2 W/S Cox Neck Rd., Mattituck 5/31/84 ....... .CA~-_app_~o~l _o~ &c_cess~ ove~ _pvt. P~.O...W ........ Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SnUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3243 Application Dated April ll, 1984 (Public Hearing May 17, 1984) TO: Mr. and Mrs. Kevin Mil0wski [Appellant(s)] P.O. Box ]34 Cutch0gue, NY ]]935, At a Meeting of the Zoning Board of Appeals held on .~ay 3l, 1984, 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 , Section [ ] Request for Upon application of KEVIN AND LESLEY MILOWSKI, Box 134, Cutchogue, NY for a Variance to New York Town Law, Article '~6, Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, (now or formerly of W. Chudiak); County Tax Map Parcel No. lO00-113-7-part of Lot 12. The board made the following findings and determination: By this application, appellants seek approval of access over a 50-foot private right-of-way located at the west side of Cox Neck Road and ex- tending westerly 312.16 feet to the premises in question, which is an 80,000 sq. ft. vacant parcel set off by the Planning Board, File #368, at its Meeting of March 12, 1984. Although the right-of-way has been traveled by farm vehicles, the right-of-way is in need of improvements for satisfactory access by emergency and other vehicles. It is the understanding of the board that this request is for access only to the parcel in question, and it should be understood that any further subdivision or additional dwelling structures will be required to return for an updated review and updated improvements as this board would deem necessary under the circumstances. In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting 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) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doug- lass, it was (CONTINUED ON PAGE TWO) DATED: June 13, 1984. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3243 Matter of KEVIN AND LESLEY MILOWSKI Decision Rendered May 31, 1984 RESOLVED, that Appeal No. 3243, application of KEVIN AND MILOWSKI for approval of access, BE AND HEREBY IS APPROVED AS AND SUBJECT TO THE FOLLOWING CONDITIONS: LESLEY APPLIED 1. That the right-of-way must be improved a full ten-foot width with four inches of bankrun (mixed with 20% stone content) to the parcel in question for a length of approximately 312.16 feet; 2. Any future subdivision or set-off past this parcel along this or any other right-of-way will require re-application and consideration by this board for appropriate 280A access consideration (or the Planning Board if same falls within their purview); 3. The right-of-way must be continuously maintained in good, satisfactory condition for access by emergency and other vehicles; 4. Upon written notice to the Building Inspector or Board of Appeals, an inspection and approval of improvements must be made prior to the issuance of a Certificate of Occupancy. Location of Property: Neck Road, Mattituck, NY; of 012. Right-of-Way at the County Tax Map Parcel West Side of Cox lO00-113-07-part Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigonis and Doyen were absent.) This resolu- tion was adopted by unanimous vote of the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN ."/ ., .,_ June 13, 1984 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code Df 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 Thursday, May 1'7, '1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. 2pplication of VINCENT GRIFFO, 280 Basin Road, Southold~ ~Y for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory build~.~g in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-0t9. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming dwelling use of building in this B-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109-03-008. 7:45 p.m. Application for ~OHN WICKHAM, by Wickham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with accessory use for ~torage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box ll3, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections lO0-70(A) and 100-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01- 001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section lO0-50(C)[1] for permission to erect sign with tess than four-foot clearance from ground, au 52800 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-051-05-002. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool in the sideyard area, at 315 Brown Street, Greenport, NY; County Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 17, 1984 Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLtSPIE, III, Box lll2, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback~ from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061~02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY (~C-I" General Industrial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section lO0~80(B) for permission to construct office and storage building in this 'C-l" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1-6. 8:35 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage ouilding in the frontyard area. Location of Property: So~th Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. 8:45 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and lO0-81, building for marina office in this~"C-Light 1100 Manhanset Avenue, Greenport, NY; County 1000-034-05-021. for permission to co6~r~ct Industrial" District, at Tax Map Parcel No. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this 'C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NYI ~C°unt~p~ Parcel No. 1000-034-05-021.KEVlN.AND 4t~ ~ \ 9.'O0~.m. Application of LESLEY MILOWSKt, Box 134 ~Cutchogue, NY for a Variance to New York Town Law, Article 16,  ion 280A, for approval of access over a private right-of-way a Page 3 Legal ~otice of Hearings Southold Town Board of_Appeals Regular Meeting of May 17, 1984 Jthe west side W. Chudiak); of Cox Neck Road, Mattituck, NY; (now or formerly ~ ! County Tax Map Parcel No. lO00-113-7-part of 12. ~ 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R~T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (d) approval of a reduc- tion of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Persons having an interest in any of the above matters may appear and be heard at the time and place specified above. For additional ~nformation, please contact our office, 765-1809 (or 765-1802). Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: May 10, 1984 and forward 14 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 15, 1984. Copies to the following May 7, 1984: S.J. Perricone for V. Griffo Mr. V. Griffo Mr. James R. Anderson Mr. Mr. A.A. Wickham, Esq. for John R.F. Lark, Esq. for J.V. Rodriguez for Goldsmith & Tuthill for G.M. Ali Jose Rodriguez Joseph Fischetti Mr. Robin E. Carr Mr. Robert W. Gillisp~e III Wickham S. S. Corwin, Esq. for Kathrine Farr Mrs. Kathrine Farr Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mrs. B. Mr. and Mrs. Bertram Walker Walker L.I. Traveler-Watchman, Inc. Suffolk Times, Inc. Supervisor Town Board Planning Board Town Attorney Building Inspectors FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To . ~. ~...~..x~ ....................... .. ~~ ~,.~ .,. ~, .~. ~ ~.~... ~ PL~SE TAKE NOTICE that your application dated ........ ~ ......... 19. . Ho~Wo. St~ County Tax Map No. 1000 Section .... } / !'.~ .....Block ..... ~ ....... Lot .~/~.. [ ~ ...... Subdiv~on ~ .~ Filed Map No ........ -- - .... Lot No .................. .~. ~,..~.....*.¢:~ :..~..~(~ ............................. Building Inspector RV 1."80 TOWN OF SOUTHOLD, NEW YORK 'APR 1 1 19134 APPEAl..,, F~Q/~ DECISION OF: BUILDING INSPECTOR, Tm.,- Cle~ Sout~l~l~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, :, (We)~m~L~j.~:y...:~.;.lo~w,~..k..J...of ..:.P..,.o_:..~....~3.:~. ................................ ~.orff]Co~+ ~ea:~c'~3~,lame of App~ll~n~ Street and Ndmber .... .~..~.±c.b.o..3.u..¢. ...................... ' .~]C~.....VP..r.k.~R~ 'APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSRE~CTOR ON WHEREBY THE BUILDING INSPECTO~ DENIED TO ...~.~.~.,L~i.c¢...~;.lo.~.s~ ...... Nome of Applicdnt ~or perm't o, ...e~.,.~.~x,.,..~.q. ........ ~.~.~v..~ ......... ~e.~..To.c.~....../~ Street and ~umber Mun~pality State ( ~ PERMIT TO USE (~ PERMIT FOR OCCUPANCY ( ~ ~Z~ ~O ~ aocA~io~ o~ ~ ~ao~ awv .m.~,.,.~.....~.,., .................. ~...~.....~...=~..~, Street ~d ~t Zo~e .I~.Q.z.LL$.:..2...~......~.C~.~. ........ ~ o~a ~s~, .[¢.i.~[~am. ~v~[~... Mop No. Lot No. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, section aha Paragraph of the Zoning Ordinance by number. Do n~t quote the Ordinance.} 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordin.ance or Zoning Mop (/ A VARIANCE aue to lack of access (State of New York Town LaW Chap. 62 Cons Art 16 Sec, 280A Subsection 3 Lows 4 PREVIOUS APPEAL A orevious appeal (has) (~Os no~t~ been meae with respect to this decision of the Building Inspector or with respect to this property. Such ~ppea] was f , request for c special oe-m~t ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOIA APPEAL (~/'A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance reauested for the reason that ~e ~o~ld Z±ke to (Continue on other side) REASON POR APPEAL Continued STR CT APPLICATION OF THE ORDINANCE would produce practical dffflculti~"br un~ieces- sar,/ HARDSHIP because ~ dould r o+ bc le vicinit, of this property and in this use district because The nordsn p created is UNIQUE and is not shared ay all properties alike in the immediate 3 The VarJance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because [7d ~ ~'? m D [y iqC~C~ ~.~ '~ STATE OF NEW YORK COUNTY OR~(k Swart to this ..............l.I..d[/J~ ................. day of Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. llCJ?l I'ELEPHONE (516) 765 ~f809 APPEALS BOARD MEMBERS GERARD t°. GOEBRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,JR. ROBERT J. DOUGLASS JOSEtoH H. SAWICEI June 28, 1985 Mr. and Mrs. Kevin Milowski P.O. Box 134 Cutchogue, NY 11935 Re: Appeal No. 3243 Dear Mr. and Mrs. Milowski: This letter will confirm that a resolution was adopted by the board at our Regular Meeting held last evening as ~ollows: RESOLVED, to accept the road improvements made concerning Appeal No. 3243, in accordance with Condition No. 1 and No. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was unanimously adopted. Please be aware that the right-of-way must be continuously maintained in good satisfactory condition for access by emergency and other vehicles, and that in the event any other subdivision or set-off should take place over this right-of-way, additional applications will be necessary. If you have any questions, please do not hesitate to call us or the building inspector (765-1809). Yours very truly, Building Inspector Victor Lessard GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X MAP 3NATION : CONSULT VO~,~ LAWYER BEPOOGNmG THIS'MTSUMENT--TNiS INSTRUMI~#OiJLD I! USlO BY LAWYERS ONLy. NOT~: FIRI:' LO.q_qF..S. This form of contract contains no express provision as to risk of lo~s by fire other casualty before delivery of the deed. Unicos exp,ess provision is made. the provisions of ~ction or .5-131 I of the Cseneral Obligations Law v~ll apply. 'l~is section also places risk of Joss upon porchaser if title or possession ~s transferred prior tO clo-~ng. TH~ ACal~EEM~N'T, madet~ dayof March ,ni~t~nhund~dand eighty-four B£TWEEN WILLIAM CHUDIAK and ANNE CHUDIAK residing at (No #) Bergen Avenue, Mattituck, New York 11952, hereioaherde~dbedastbe seller, a~ KEVIN MILOWSKI and LESLEY MILOWSKI., his wife, of (P.O. Bo:: 134) Cutchogue, New York 3.1935, hereinafter described as the purchaser. W~TNE.S~I:.I~, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot. p~-ce or parcel of land, Xt/~I~AK~::41~~~HH3CI~' situate, lying and being ~qX~ at Mattituck, Town of Southold, Suffolk County, New York bounded and described as follows: BEGINNING at a point in the northerly line of land now or formerly of the Norris Estate, which point is South 74° 33' 40" West 312.16 feet from the westerly line of Cox Neck Road at the northeast corner of said land of Norris Estate; RUNNING THENCE from the point of beginning the following two courses and distances along land now or formerly of Norris Estate: 1. South 74° 33' 40" West 103.01 feet; 2. North 21° 40' 30" West 439.43 feet; RUNNING THENCE North 74° 33' 40" East 263.26 feet along othgr land of the seller to a point; ~UNNING THENCE South 0° 59' 40" East 451.09 feet to the point or place of BEGINNING, containing an area of 80,000 square feet. TOGETHER with a right-of-way for ingress and egress and public utility and other like purposes over a 50 foot private road to and from the premises from and to Cox Neck Road;_~e southerly line of said uriva~ road being a line which runs South 74u 33' L~,, ~u ~est 312.16 feet along the northerly line of Norris Estate from Cox Neck Road to the said Iremises. Seller represents that the subject premises is a good. valid, building lot for the construction of a single family residence which meets the I~'ule, I~egulation and Zoning of the Town of Southold and the Suffolk County Health Dept. not requiring variance procedures. This' representation shall not survive delivery of the deed. avenue ope.ed or proposed io front of o~..-"/'_'.T'.~Jo__a."~,.moa3Ymg.'" me ned ot any street, road or of the seller . and to an,,, a~,,,..4-~.J-f= ~. ,. k- __.J_ · ,. . · . . · ne thereot, and all right, htle and interest I~ .crosses hy reason~_o~-J~ange of grade of aflv stree; aBA ,k- .-It '. . . y,. unpatd award for damage to sa d title, or tJ~.n~t~. O.l~.mim~- .--- ....::.. ~._.~ ~-~ ~,er wist elrecute.al~ oe,ver to the porcltaser, on closing of au.~lcJ~iW&r~ . psupc, m~s~gnment and collectoon of Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 =IOUTHOLO, L.I.,,N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI June 13, 1984 Mr. and Mrs. Kevin Milowski P.O. Box 134 Cutchogue, NY 11935 Re: Appeal No. 3243 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 bp 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 C~IRMAN , j/ . t/By Linda F. Kowalski Secretary 17, I Co-,:/eeL.-Poo.4, ?.0. ]BO: 7'7q Me~norandum from... BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD TOWN HALL, ]~3X 728, SOUTHOLD, N.Y. 11971 765-1802 June 17,1985 Z.B.A. , Please do the field inspection of this access road. Thank you for your cooperation in this matter. VL:dsm Sincerely, Victor Lessard Exec. Admin. Bldg. Dept. Southold Town Board of Appeals I~IAIN RI3AD- STATE RnAD 25 Sl3UTH[3LD, L.I., N.Y. 11971 TELEPH©NE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ April 19, 1984 S.E.Q.R.A. NEGATI~-E ENVIRON~IENTAL DECLAP~TION APPEAL NO.: 3243 PROJECT NkME: KEVIN AND LESLEY MILOWSKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Envirornnental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over private right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: R-0-w at the west side of Cox Neck Road, Mattituck, NY; REASON(S) SUPPORTING THIS DETEP~INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the envirorn~ent are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. (3) The premises is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFOPd~ATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. D TO'.. Southold, N.Y. 11971 (516) 765-1938 March 13, 1984 Mr. Emil Depetris, Esq. 220 Roanoke Avenue Riverhead, NY 11901 Re: Set-off for Chudiak #365 Set-off for Chudiak ~374 Dear Mr. Depetris: Please let this confirm the action by the Southold Town Planning Board at the meeting 6f March 12, 1984. / RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the Map of William Chudiak, dated january 5, 1984, located at Mattituck.(#368) RESOLVED that the Southold Town Planning Board approve a set-off as designated on the map of William Chudiak, dated January 27, 1984 located at Mattituck. (#374) If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR.,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultz~ Secretary use for storage and repair of contractor*s own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-0~2- 05-058. 7:50 p.m. Application of JOSE V, RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70(A) and 100-71, for permission to construct dwelling in this B-I Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-01~-01-001.00~. 8:00 p.m. Application of JOSEPH FISCHETTI, Hob~t Road, Soutbold, NY for a Variance to the Zoning Ordinance, A~icle V, Section 100-.50(C)[1] for permission to erect sign with less than fonr~ foot clearance from ground, at 5280o C.R. 48, Soutbold, NY; County Tax Map Parcel No. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Rivorhaad, NY for a Variance to the Zoning OrdinanCe, Article III, Section 100-32 for permission to construct in,round swimmingponl in the sideyard area, at 315 Brown Street, Gceonport, NY; County Tax Map Parcel No. 1000-048-03- 042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, Ill, Box 1112, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutobogue, NY for a Variance to the Zoning Ordinance, Article IX. Section y ax Map Parcel No. 1000-034-05-0~1. 8:55 p.m. Application for KATHR1NE FARR by S.S. Corwin, Esq., First.Street, Gronnport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Gronnport, NY; County Tax Map Parcel' No. 1100 Manhanset Avenue, Gceenport, NY; County Tax Map Parcel No. 1000-034-05- 0~1. *.~9:00 p.m. Application KEVIN AND LESLEY MILOWSKI, Box 134, tC~tchngum, NY for a'Variance o New York Town Law. Article 16, Section 280A, approval of access ever private right-of-way at thc west side of Cox Neck Road Matt(tuck, NY; (now formerly W. Chudiak); County Tax Map Parcel No. · 1060-113-7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section · 100-31, for: (a) an inter]pretatinn that the existmg cottage and ~arage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; lc) approval of a reduction of livable floor area of a propesed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconi~ Bay Boulevard, Laurel; County Tax Map No. 1000-145- 4014. Persons having an interest in any of the above matters may appear and be heard at .the time and place specified above. For additional information, please contact our office, 765-1809 (or 765- 180~L Dated: May4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER CRAIR.MAN ITM10-4564 Sworn to before me this 10 ~ch dayof Hay 19 84 STATEOFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly New0paper, published at Greenport, in the Town of Southold, County of Suffolk end 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 May 19 84 Principal Clerk Oreenpo~, NY for &Speeiai Exce1~ticm to tile ]goning Or'din - ante, Article V]I], Sections 100-80(B) and 100-81 for per- mission to construct building for marina and brokerage office use in this "C~Light industrial" District, at 1~00 Manhanset Avenue, Green- t~.t, NY; Count,/ Tax ~Ivlap Pa~,el No. 1100 Manhonset Avenue, Oreenport, NY; County Tax Map Parcel~ No. p.m. Application of~ Box .134, Cut- NY for a Vafionc~ to N~v York Town Law, Article I6, Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or fomerly W. Chudiak); County Tax Map Parcel No. 1000-113-7-part of 9:05 p;m. Application for BERTRAM AND MARGERY WALKER, by R.T. l-laefeli, Esq., Box 757, giverhead, ~ for a Variance to the Zoning Ordinance, Article I]I, Section 100-31, for: (a) an interpre- tation that the existing cottage and garage are valid pre- existing, nonconforming uses and structures; (b) approval of a wooden deck as an accessot-y structure in the sideyatd; (d)' approval of a reduction of liv- able floor area of a proposed dwelling conversion to SO0 sq. ft.. and approval of insuf- ficient sideyards. Premises located at Edgemere Park, MacDonald's Path off. Poconic Bay Bouleavard, Laurel; Coun- ty Tax Map No. 1000~145-4- 014.. Persons have an interest in any of the above matters may appear and be heard at the time and place specified above~ For additional informa. tiOn, plenme eonta~ our office, 76~-180~ (or 765-1802). · Dated: May 4, 19~4. . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER. CHAIRMAN '1T-$/10/84(17) COUNTY OF SUFFOLK STATE OF NLWV YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH~AN, (~ 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 o f.,.?~ .......... ......./~.-...-'~. ...................... 19--..~..?. Swom to before me this .............. ./...~ .............. day of CLEMENT J. 'I'HOMPSON Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 S0UTHOLD, L.I,, N.Y. 11~J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I, Traveler-Watchman ndicating the date and time of your public hearing. Please have someone appear ~n your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802), Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK RE(;ISTRAR Ol VITAL S I A [ ISI'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 11, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3243 application of Kevin & Lesley Milowski 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 the Building Department; and survey. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO · ADJACENT .PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: to 1. Th~.a[ it ;~.,~intention of the undersigned to petition the Board of Appeals of the Town of Southold request ~(.Variance)~Special Exception) (Special Permit) (Other) [circle cho±ce] 2. That the p~roperty which is the subiect of the P.j~tition is located adjacen~ to your pr_qperty and is des- cribed as follows: J~; Sh-J- 0-)C L~JO~/, r.~-~'~ t"q~:~P( .I~Jf°/'"JL" ~'~("1 ./ [Y)O'-I~;"-[-?~C_.]-.. 3. That the property which is the subiect of such ~Prtition is located in.the fpllowing zoning dis~ict: / 4. That by such Petition, the undersigned will request the following relief: TC~ bd a h )~ 5. That the ~rovisions of the Southold To~n Zonin~ Code ap~licabl~ lo the, r~lief sought by the under- signedare ~ticle /~ ~c~on ~0~ ~,;OSrr~;~n 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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 risht to appear and be heard at such hearing. Dated: H-II- Petitioner Post Office Address NAME · PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 4ve, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: k~lcxi ln~; /OW.C;k; , residing at P,O- ~, ~q'C {'q~:~'L)C k~ ~ [ I q ~ ~ , being duly sworn, deposes and says that on the j J~h day of ~Dfi~ ; ,19 $~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses sel opposite their respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of ~he Town of Southold; that said Notices were mailed at the United Stat~ Post ~- rice at .~Ou+~/~ ~ ~ ; that said Notices were mailed to each of said persons by ~registered) mail. Sworn to befor.e me t, his day of ~/-~-,w r', / ~19~ Notary Public The N.Y.S. Environmental Quality Review Ac~t requires sub- mission of this ~m, and an environmental r~ew will be made by this boaf~'before any action is take~. SHORT ENVIRON~NTAL ASSESSMENT INSTR!~TZONS~ (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available infox-m~ation concernin~ the project and the likely impacts of the action, It is not expected that additional studies, 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 ia necessarx. (c) If all questions have been answered No it is likely that this project is net significant. (d) Environmental 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 u~ique or unusual land form fo~znd 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 g~o,~ndwater quality? · , · , · · · · · 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- acter of the community or scenic views or vistas 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 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health or 1h. Will project Affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the 15. PREPARER' S SIGNATURE: Yes ~ No Yes ~/ No Yes ~ No . .. Yes ~. No Yes %/ No Yes / No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes ~/ No character of the community or neighborhooO?. Yes ~Z/No Is there public controversy concerning the project? ~ Yes~/ No TITLE: DATE, /--/-II QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [ ] 5. [ ] 6. ! ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k ~4/IL.L.I,~M CML.'OI,~Z'<