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Home My WebLink About3266 Southold Town Board o£Appeals MAIN ROAD- ~TATE ROAD 2.5 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3266 Application Dated July 9, ]984 TO: Mr. and Mrs. Antone Mileska 16045 Main Road Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November ]5, ]984 the above appeal was considered, and the action indic~te~elow was t~ken on your [ ] Request for Variance Due to Lack 9~ Access to P~operty New York Town Law, Section 280-~ [ ] IX] 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 Upon application for ANTONE AND JEAN MILESKA, 16045 Main Road, Matti- tuck, NY for a Variance to, he Zoning Ordinan~-~-, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in this proposed division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115- 04-009. The public hearing on this matter was also held on November 15, 1984. The board made the following findings and determination: This is an appeal from Article III~ Section 100-3], Bulk Scbedu]e+of the Zoning Code for approval of: (a) Insufficient lot area ot 3Z,bDU sq. ft. and 34,100± sq. ft., and (b) insufficient lot width of 110.00 feet and 123.68 feet along Marratooka Lane, the northerly and southerly parcels, respectively, as shown on survey most recently amended Novem- ber 22, 1983, prepared by R. VanTuyl and Son. The southerly parcel is being improved with a one-family dwelling structure pursuant to a building permit issued 11/15/84 under Permit No. 13539Z, with a 65' frontyard setback and 22' southerly sideyard setback, all in conformance with the requirements of the zoning code. The northerly parcel is vacant. The board members are familiar with the site in question, as well as the surrounding neighborhood. In viewing the character of the area along the east side of Marratooka Lane, the board finds a majority to be of similar size, or smaller, than that proposed, and that the premises in question is the largest parcel, and that a precedent would not be set. In considering this appeal, it is the opinion of the board that: (1) the relief requested is not substantial, (2) that by allowing the variance, no substantial detriment would be created affecting (CONTINUED ON PAGE TWO) DATED: November 19, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3266 Matter of ANTONE AND JEAN MILESKA Decision Rendered November 15, 1984 adjoining properties; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the variance will be in harmony with and promote the general purposes of zoning; (5) the circumstances are unique; (6) that no adverse effects will be produced on available governmental facilities of any increased population; (7) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3266, in the Matter of ANTONE AND JEAN MILESKA for approval of insufficient area of 32,600± sq. ft. and 34,100± sq. ft., and for approval of insufficient lot width of llO feet and 123± feet along Marratooka Lane, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: That there be no further lot area reductions, nor front, rear or sideyard setbacks reduction to less than that permitted under the zoning ordinance (to require building of a house to conform to the lot and the neighborhood). Location of Property: East Side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115-4-9. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted vote of all the members. Doyen, Grigonis, by unanimous lk GERARD ~ ~EHRINGE~ CHAIRMAN November 19, 1984 ~/ R CEIVED' %ND ' FILED BY THE SOUTHOLD TOWN CLERK DATE ///.~o//,,'. HOUR 9/~'~ Town Clerk, Town of Southold NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, by the Southold Town Board of Appeals at a on THURSDAY, NOVEMBE_ ~15~, 1984, commenoing and 35 follows: Southold, NY Regular Meeting at 7:30 p.m. 7:30 p.m. Application for~ALEXANDER AND ELIZABETH STOL[MEYER, by R. Cron Esq., Main Road, Cutcho§ue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054-05-45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold~ NY. 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to establish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equip- ment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMES AND BEULAH RICKETTS, Conklin Road, Mattituck, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, Articles I ~nd III, Section 100-31, (Al06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard}, Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). 7:55 p.m. Application for JOSEPH A. WANAT, c/o A.~Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN Road, Mattituck, NY for a Variance to the Article III, Section lO0-31, Bulk Schedule insufficient area and width of two parcels MIL_ESKA_, 16045 Mai n~ Zoning Ordinance, , for approval of in this proposed Page 2 Legal Notice of Hearings Southold Town Board of Appeals November 15, 1984 Regular Meeting ivision of land located on the east side of Marratooka Lane, attituck, NY; County Tax Map Parcel No. 1000-115-04-009. J 8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located along Ceda~ Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map P~rcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PATTERSON, 12 Turnwood Ct'., Hempstead, NY 11550 for a Variance to the Zoning Ordinance, Article III, Section 100~31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAN~CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, ~o ~o~struat building with an insufficient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:2§ p.m. Application for ROBERT DeTREY by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, Article III, Section- lO0-31 for permission to construct addition to dwelling with insufficient $ideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. lO00-40-Ol-lO & ll. 8:35 p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordi- nance to.~construct building with an insufficient side yard; North Side Main Road, Cutchogue (7-11)~ 1000-102-05-24. Persons desiring to appear au the hearing may do so. Communica- tions in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to' Newspagers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward l0 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before November 12, 1984. tel. 765-1B09~ Legal Notice of Hearings November 15, 1984 Regular Meeting Copies of same forwarded to the following on or about 11/2/84: Richard J. Cron, Esq. for Mr. and Mrs. StOllmeye~ Abigail A. Wickham~ Esq. for: Mr. John Wickham and Mr. Joseph Wanat Gary Flanner Olsen, Esqo for Mr. and Mrs. James Ric~etts Mr. and Mrs. Antone Mileska, Main Road, Mattituck, NY 11952 Rudolph H~ B~uer, Esq. for Wind~ Way B~i'ldi'ng Corp. Mrs. Marie J. Patterson', 12 Turnwood Ct., Hempstead, NY 11550 William W. Esseks, Esq. for: Colgate Design.~orp. and Southland Corp. Mr. Peter Paul Muller for Mr. Robert DeTrey Supervisor Tcwn Board Members Building Inspectors Town Clerk Bulletin Board ZBA Members Individual ZB~ files Suffolk Times L.~. Traveler FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~"/~4" ~g~/~'' ~ .. ~..~..~..~- .................. PLEASE T~E NOTICE that your appneation aatea .~~~...ff~.., ~9 . for cun.~y T~ ~p ~o. ~0o0 s~¢.o~ .../~. .... mo~ ~ ~ ......... Lot e~.~ ........ Subdivision ........ ' ......... Fried Map No. ~ Lot No. is returned herewith and disapproved on the following grounds ~. ~'.~. ~(~ .~..~'7. ..... /~. .~. .~. . . Y. ~. . . .w. ,./. /. . .~. . . .o.~ . ./ ~.~ ~. x cz ~. .~. . .. ~.n~.7~. . ~'. ~.~e. . . ,~. ~. . .'z~-~ . ~ ~. .~ . . .. RV 1180 REC~¥ED TOWN OF $OUTHOLD, NEW YORK ,JUL ~ 1984 Cllt~A~amom FROM DECISION OF BUILDING INSPECTOR APPEAL NO ~ DATE ..... Z.i ..,¢...~....~...~...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y, 1, (We) ~..~.~.~.~::..J.~.~....~//..z..~.~.L¢..~.....o{ .Z.~.e.~..../¢.~..,.~......./?..,2.. ........................ Name o~f Appellant Street and Number ....... ~.,~..Z~.,,~../.'.~,~....~..-.~ ..................................................... . .~..:...Y. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO Name of A/~,¢licclnt for permit Street and Number Municipality State / of PERMIT TO USE PERMIT FOR OCCUPANCY I LOCATION OF THE PROPERTY .~'.~..~..g...~...~.~...~..,/~.~ .,~..,/'T:..,..~.....'~_..~..~'.~...?~...~...¢...~(,.....,~..~:.~.. .... Street and ~et go~e ..~...~...~/~.~...~z ....... ~.~ ~.~.....~... o~ (s): ~:~ ¢~... ~.. ~.4c~ MaD No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED flndic~te the Article Section. sectio~ cnd Perogroph o~ the Zoning Ordinance by number. Do not ouote the Ordinance.) ~cle /// , ~ction /~-~/ TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordin.ance or Zoning Map A VARIANCE aue 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 (~tes-~ (has not) been made with respect to this decisior of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and w~s made in Appeal No ............................. Doted ..................................................................... REASON FOR APPEAL A Variance to Section 280A Subsechon 3 A Variance to the Zoning Ordinance requested for the reason that we would like to (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 snarea Dy ali properties alike in the ~mmediate vicinit~ of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ZHARACTER OF THE DISTRICT because SS COUNTY OF~ ,/,~/ Signature Sworn ,o this ...................... ~ ............. day of ................ ~ ......................... / 6o ~ FORMER OWNER S' VL. 7 FARM TOTAL - I -_- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per V~iue Acre Tillable Woadlond VILLAGE R~CO~D CA,rD SUB. LOT L COMM. CB. MtCS. Mkt. Value ... REMARKS FR~ONTAGE ON WATER FRONTAGE ON ROAD Meadow~and DEPTH House Plot BULKHEAD Total J DOCK qG Southold Town Board of Appeals MAIN ROAD- STATE RrlAD 25 5nUTHnLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $.E.Q.R.A. SERGE DOYEN, JR. ROBERT .I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION ,10SEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3266 PROJECT NAME: AI~TONE & JEAN ~ILESKA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [9 Unlisted [ ] DESCRIPTION OF ACTION: /Lnsuff. area& width of lots. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ~arratooka Lane: Mattituck: NY County Tax Map Parcel #1000-115-4-9 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question is at an elevation of 10 or more feet above mean sea level. (3) Separatin~ the pro~ect in question from the waterfront or environmental area is a 50-foot traveled roadway .... . . FOR FURTHER INFORMATION, PLEASE CONT~C~:~£nma KowalsEi, Secreuary, 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. Town of Southold Board of Appeals DEPARTMENT OF PLANNING (516) 360-5513 December 4, 1984 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 Comm~ssion are considered to be a matter for local determination. Adecision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Windsway Building Corp. Joseph A. Wanat Mr. & Mrs. Alexander Stollmeyer Mr. & Mrs. Antone Mileska~/~ Academy Printing Services, Inc. Mr. & Mrs. Robert Detrey Mr. & Mrs. Bernard Dempsey 3207 3217 3257 3266 3273 3280 3283 GGN :jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner Southold Town Board of Appeal MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 3197i TELEPHONE (516) 765-180! 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: xxx Variance from the Zoning Code, Article III , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section ~ Special Permit 100-31, Bulk Schedule Appeal No.: 3266 Applicant: MR. & MRS. ANTONE MILESKA Location of Affected Land:E/S Marratooka Lane, Mattituck, ~ - County Tax Map Item No.: 1000- 115-04-009 Within 500 feet of: Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ 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 xxx Within One Mile of An Airport. granted approval of COMMENTS: Applicant is ~~ ~~z~ insufficient area & width of 2 parcels. Copies of Town file and related documents enclosed herewith for your review. Dated: 11/30/84 ~~'_ ~ -~ Temp. Secretary, Board ~f Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 21, 1984 Mr. and Mrs. Antone Mileska 16045 Main Road Mattituck, NY 11952 Re: Appeal No. 3266 Dear Mr. and Mrs. Mileska: Transmitted herewith is a copy of the board's written decision concerning your variance as corrected in the first paragraph, side 1. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski 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 ROAD- STATE ROAD 2.5 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 · November 20, 1984 Mr. and Mrs. Antone Mileska 16045 Main Road Mattituck, NY 11952 Re: Appeal No. 3266 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 Re 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' Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission Southold, N.Y. 11971 (516) 765-1938 August 28, 1984 Mr. Gerry Goehringer Chairman Board of Appeals Southold To, Hall Southold, NY 11971 Re: Mileska at Mattituck Dear Mr. Goehringer: The following recommendation was made at the Planning Board meeting of Monday, August 27, 1984. The Planning Board noted that the subdivision of Mileska does not comply with the current two-acre zoning, however, the surrounding area contains small lots. Very truly yours, cc: Mr. and Mrs. Mileska BENNETT ORLOWSKI, JR. , CHAIRMAN ~UTHOLD TOWN PLANNING BOARD BY~la~ ~i ~ecCretary Linda- At the Pla ~ g Board's 8/27 meeting the following proposals involving ZBA were discussed: Patterson-field inspection prior to action/recommendation tioleSka- to recommend that proposal not conforming resolution two-acre zoning, however, other lots are small in the area. Klapper- resolution recommending approval of this proposal, requested covenants and restrictions as to no further subdivision of any of the lots in perpituity. Win~-~s-W~y-resolution to recommend approval, with a request that consideration be given to leaving the trees on the property. (see new maps regarding this with 2 lots and a 25' right-of-way% Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11~"71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Planning Board DATE: August 3, 1984 SUBJECT: Confirmation of New Applications Involving Planning Board This letter will confirm that our office has received the following~L_~' applications, which are being held temporarily in abeyance pending review by and response from your department elements within your ~ jurisdiction (in accordance with Chapter Al06 - Subdivisions): Appeal No. 3277 - Appeal No. 3274 - Appeal No. 3273 - Appeal No. 3272 - Appeal No.~3268 - k~A~peal No. 3266 - Appeal No. 3267 - Marie Patterson - Gt. Peconic Bay Blvd, Laurel Best, Schmitt, Syverson - ROW off Camp Mineola Road, Mattituck. Academy Printing Services - Horton Lane, Southold. Ernest G. Curran Rabbit Lane, East Marion. J. Katharine Tuthill Old Harbor Road, Cutchogue "C-Light Industrial" Zoning District. Antone and Jean Mileska - Marratooka Avenue, Mattituck. Constance Klapper (change of lot line to increase size of smaller lot, subdivision grandfathered 9/80) ROW off Oregon Road, Cutchogu~. Please provide us with copies of correspondence concerning actions by your board to keep our file up-to-date. Thank you for your cooperation. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 31, 1984 Mr. and Mrs. Antone Mileska P.O. Box 1144 Mattituck, NY 11952 Re: Appeal No. 3266 - Variance Application Dear Mr. and Mrs. Mileska: This letter will confirm taken by the Board of Appeals July 26, 1984, concerning the that the following action was at its Regular Meeting held above matter: RESOLVED, that the matter of Appeal No. 3266, application of'ANTONE AND JEAN MILESKA, for a variance to the zoning ordi- nance in this proposed division of land, BE AND HEREBY IS HELD TEMPORARILY IN ABEYANCE, pending an application to the Planning~ Board and receipt of comments or preliminary recommendations, before scheduling this matter for a public hearing. Upon receipt of same, the application for a variance will be scheduled for a public hearing at the earliest possible date. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN CC: Planning Board Building Department By Linda Kowalski NOTICE IS tidally GIV- EN, p~,O ~67 of the Tabu law. and the Pro. vj~ms of the of.the Town of SouthoM, the fo]lowing public hanrin~ will be.held at ~a~fl~.Town ~ Main ]i0ad, SOUlhold, l~my the~dili~uld Town ~ of Appoais.;at a Resular M~#g:~'THUBSDAY~ NO- VEMBER iSt 1984, commene.. in~,~ ?:a0 p.m; and as Z:_~}. I~.~.. Application for XZA. chosn*, I~r fro' u ¥1~hmce to the Zoning Ordinance, Article m, Section 100-31, Bulk Sched~,a~, (Al06) ~or approval of ins~nt ams of a parcel to be set~f in j division of land ide,~ih'ied a~. County Tax Map Pateel No,. 10004154-05. 45;~ anit 45,9 (4~.7~, and located on,the ~th Side of Nogth Sea Drive:nad the North Sid~ of ~ -Avenue, 7'.~ p.m. A~lication for Road, Cutchogu~, NY (by A. Wiekham, Esq~a Variance to Amend Condih~e~s 3, 7 and 8 of the 6/28/84 decision rendered under-Appeal No. 3222.and Article Vl, ~ction 100160 in a proposal to estab. lish,business office ~or marine confractins with accessory use for storage and re~alr, of contractor'~ nwa ~vehicles and equipment, nil 67S76 ,Main Road, Greenport, NY; County Tax Map Parcal No. 1000-0~2- 05-058. 7:45 p.m. Applicati°~ for JAMES AND BEULAH. RICK- ETrS; Conklin Ro~d, l~ltti- tuck, NY (by G. Olsen, Esq.) for a Varinnce to the Zoning Ordimmce Articles t and IH, Section ,100-31, '(Al06) for approval of insufficient area and width of two' proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boule. yard, Muttliuck, NY; County Tax Mapparcel No. 1000:139- 0,3-19 nag a~ Ma~itudt; NY for a Variance to ~he Zoning . Ordinance, Article IH, Sectio~ 100-31, Bulk .Schedule, for apProval of insurgent width of parcel to be set-off located on a private rif, h~.~---way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. -ll2-01-016. 5 p.m. Application for NE AND JEAN MIL- ESKA, 16045 Main Road, Mattituck, NY for a Variance , to the zoning Ordinance, Arth~ Nt, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in this proposed division of land located on the oust side of Marratooka Lane, Mattitunk, NY; County Tax Map Parcel No. 1000-I15-04. ~09. 8:10 p.m. Application for WIND:~ WAY BUILDING !~, c/o R. Bmer, Esq., Main Road, Southold, NY for a Vari.'anc~ to the zoning Ordin- ance, Article IH, Section 100- 31, Bulk Schedule, for approv- al of insufficient area (and width) of two parcels in this proposed division of land Io~ted along Cedar Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map parcel No. 1000.90-03-18. 8:15 p.m. Application of Turnwood .Ct.,, Hempsteed, NY 11.550 for a Varianen;to the zo~fing Ordinance, Article ~I, Section 100-31, Bulk Schedule, for approval of insufficient area (and width)of two parcels in this propesed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:.20 p.m. Application of SOUTHIAND CORP., c/o W. COUNTY OF SUFFOLK ss: 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 .................................... .............. / Sworn to before me this ................................ day of Notary Public BARBARA FORBES Notm'y Public, State of New York No, 4806846 (~uatified in Suffolk County Commission Expires March ~0, 19 oc~ Legal Notices LEGAL NOTICE NQTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Scuthold, NY by the Scuthold ?own Board of Appenls at a Reg- ular Meeting on .~tIRSDAY, NOVEMBER 15, 19~4, com- mencing at 7:30 p.m. and ss fol- lows: 7:30 p.m. Applicatio~ ~or ~ XANDER AND F.I.W.&BETH Be~., Maln Road, CuV~ue, NY for a Variance to the Zonln~_ Or- 31, Bulk Schedule, (Al06) for ap. proval of immfficiunt ar~ of a pareel to be set-offin this division of land identified as County Tax Map' Parcel No. 1000-0544)~ 45.8 and 45.9 (45.7), and locked on the South Side of North Sea D~ive and the North ~ of Soundview Avenue, ~ NY. 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchogue, NY (by A. Wield~m~ Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/ 84 decision rendered under Ap- peal No. 3222 and Article VI, Section 100-60 in a propezal to establish bnsinea~ office for marine contracting with accce- sory use for storage and repair of contractor's own vehicles and equipment, at 67376 M~in P~3ad, Greenport, NY; 'Com)ty Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMES AND BEULAH RIC- li~rPl~, Conklin Road, Mat- tituck, NY (by G: Olssn, F~q.) for a Variance to the Zonin~ Ordi- nance, Articlss I and rn, ssction 100-31, (A106) for approval of in- sufficient area and width of two prolx~d parcels in this division of land located on the We~t Side of Conklin Road (Grant Co~m~ Tax Map Parcel No. 1000-139-0519 and 30 (30.1). . ?:~5 p.m. Application for JOSEPH A.-.WANAT, c/o A. tituck, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of insufficient width of pa~-el to be set-off located on a private right-of*way at the north side of Bergen Avenue, Mattituck; County Tax Map par- cel No. 1000-112-01-016. ~i05 p.m. Application for AN- · TONE AND JEAN MII.RSKA, 16045 Main Road, Mattituck, NY for a Variance to the Zonin3 tOr~nance, Article III, Section 100-31, Bulk Schedule, for ap. proval of insufficient area and width of two parcels in this prop- ~ division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-1154)4-009. 8:10 .p.m. Application for WINDS WAY BUILDING CORP,, do R. Bruer, Esq., Main Road, Southold, NY for a Vari- unce to the Zoning Ordinance, Article lrrl, Section 100-31, Bulk Schedule, for approval of cient area (and width) of two par. cels in this propolmd division of land located along Cedar Point Drive East, Scuthold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PA'i'rI~RSON, 12 Turnwood Ct., Hempztend, NY 11550 for a Variance to the Zon- in~ Ordinance, Article I11, Sec- tion 100-31, Bulk Schedule, for approval ofinsuffcient area (and width) of two parcels in this prop- osed division of land located at the South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128- 02-17. 8:20' p.m. Application of ~OUTHLAHD CORP., do W. Eazeka, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, to con- cient side yard at Scuth Side Main Road, Southold (7.11 Store), 1000-62-3-37. 8:25 p.m., Application for ROBERT DeTYREY by P. Mul- ler, Meetinghouse Lane, South- ampton, NY for a Variance to the Zoning Ordinance, Article Section 10031 for permission to construct addition to dwelliqg with insufficient sideyarde; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-10 & 11. 8:35 ~.m. Application for COL- GATE DESIGN CORP., do W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance to con- struct building with an insuff- cient side yard; North Side Main Road, Cutchogue (7-11); 1000- 102-05-24. Porson~ desiring to appear at the hearing may do so. Com- munications in writing in rela- tion thereto may be fil~_ with our office before or at this hear- Dated: November 2, 1984. BY ORDER OF BOARD OF APPEALS GERARD P. GOEI-IRINGER, CHAIRMAN 1TN8-4699 )RK ) ) ~S: :OLK ) S of Greenport, In ] duly sworn, says that ha/she ia THE SUFFOLK TIMES, a Weekly shad at Greenport, in the Town ~ty of Suffolk and State of New I Notice of which the annexed Is ~as been regularly published in once each week for O:NE ly, commencing on the 8th r Principal Clerk le this R th r 1~4 JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD July 9~ 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3266 application of Antone & Jean Mileska for a variance. Also included is notification to adjacent property owners; Short Environmental Assessme~Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK ,JUL 9 1984 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~..'~.:~.~.:~.Z.....~...~.~...,--/........~..,.~..~.L~...~./~..of ...... ./:.~....m...'.~...J....-........~..~.'.Z.,~.......,~.~. ...................... Name of Appellant Street and Number ........... -.~,~,.' ,7..7..;..:~..C.'...,/,~, ....................................................... ~,.-..X~,.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: //"/~-,f'z3 FOR: .~c~,,~).~j /.~ ~ 5~,~ ~, WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of . ........ ....... ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~)~ PERMIT TO DL~I-L-D /'~','~ Z-~ 1, LOCATION OF THE PROPERTY ~.~..$.....~..~.~..~?....~..~..~...~'...~.. ...... .~.....,~...-M...~......./~....,:~.....7_....2~..ci'Z-~-cZct Street ana }~l'let Zone ...... ,~.~..'~..,.. ~./.~ ,C.'./.~....~.. ................... .~. ..............OWNER ( $ ): ,/~.-%"~/.-[-~ ~. ~. Z...--'~.Z.- .,.,.~..4~.. Map No. Lot No. DAT .... ........ 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 / ~ ~ - oo/ 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( I,'1" A Variance to the Zoning Ordinance ( ) is requested for the reason that ~e ~oul~ l±ke to Form ZB! (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 -r~' ~2 ,~-,-/' ,a%~ c,~-2%~ c; ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because / 7" c~' ~/~ ~ o '~ ~'o,~ r~ ~; ~ STATE OF NEW~ ,YORK )_ Signature COUNTY OF. Sworn to this ................. ~ ................ day of ................. ~ ................... 19~/~' ary Public EUZABETH ANN NEVILLE NOTARY PUBLIC, State of New Yolt No. 52-8125860, Suffolk T~a Expires ~Ja*ch 30, I,~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That. LLLk~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~J)(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed asfollows: ~'/~< ,x"/~',~,-a"7--c~c)/~',4- ,Z.m,r.,~ /'~',~7 ?;-T-c-' C ~ ~ ~/ 3. That the property which 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: /,~-, 7--o -7-~ ~ ~ ~ 7-5 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ i ! Section /~ o - ~ ! 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. (5'16) 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: 7 - ~- aa'z'/ Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~86t 'qed '00~ wJO..I Sd ~ Sd STATE OF NEW YORK ) COUNTY OFSUFFOLK) 55.: ~ ~i ~, ~q ~ ~ , being duly sworn, deposes and says that on the ~ day df- ~u'k~ I , 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 set opposite thor 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 Somhold; that said Notices were mailed at the United States Post Of- rice at (certified) (registered) mail. w S orn to before me this q day of ~ARY PUBUC, ~ d ~w Y~ No. 52-8]~, ~k Tram ~pir~ Mmch ; that said Notices were mailed to each of said persons by 0 r~ 0 0 0 q~ 0 0 SHORT ENVIRON~-~ENT.~L ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available lnfor?~ation concerlling the project and the likely impacts of the action, It is not ex-sooted that additional studiest 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 no._~% significant, (d) Enviror_zental Assessment 1, Will project result in a large physical c~nge to the project site or physically alter more than 10 acres of land? ....... , · · Yes / No 2, Will there be a major change to any unique or unusual land form found on the site? , · Yea Will prsject alter or have a large effect on an existing body of water? , , , , · · · Yes u-' No A, Will project have a potentially large impaCo on groundwater quality? · , ...... · Yes 5. Will pro3ect significantly effect drainage flow on adjacent sites? · · · · , · · · · Yes '/'No 6. Will project affect any threatened or endangered plant or animal species? , , , , , , · · Yes ~" No 7, Will project result in a major adverse effect on air quality? · o · · · · · · · Yes F/No 8, Will project have a major effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the community? · · · Yes ~/ No 9, Will project adversely impact any site or struct- ure of historic, pre-historict or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes / No 10. Will project have a major effect on existing or future recreational opportunities? · · . Yea ~ No ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? · , , , , , , , , · , , Yes J," No 12. Will project regularly cause Objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? , Yes ~'~ No 13. Will project have any impact on public health or safety? ...... , . · , · · Yes ~"No 1h, Will project ~ffect the existing community by directly causing a ~rowth in oermanent popula- tion of more than 5 percent o~er a one-year period or have a major negative effect on the characte--~ of the com_munity cr neighborhood?, . Yes Is there public controversy concernlng the project? Yes 15. REPRESENTL'~G: / 9/1./;'8 u/' TITLE: DATE: 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. [ ] 2. 3. [ ] 4. [ ] [ I 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 area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. 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 Z Z