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HomeMy WebLinkAbout3264_P,-3'.der ~a2'm T~ane Orient ~ NY high £emce im ~romtyard area Southold Town Board of Appeals ~AIN RnAD-~TATE RnAD 25 ~nUTHOLD, L.I,, N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3264 Application Dated July 3, 1984 (Public Hearing 9/13/84 and 10/11/84) TO: Mr. and Mrs. Reiner L0]10t [Appellant(s)] 2345 Plum Island Lane Orient, NY l]957, At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]], ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]19.I(A) [ ] Request for Upon application of PATRICIA AND REINER LOLLOT, for a Variance to Article XI, Section lO0-119.1(A) for permission to erect fence exceeding the maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1000-15-05-024.11. On October lO, 1984, this board received a written request to with- draw this application from the applicants, Now, therefore, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to accept the applicants' withdrawl of this application in Appeal No. 3264. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Doyen. This resolution was adopted by all the members. Doyen, Grigonis, unanimous vote of iiT. CEIVED AND FILED BY THE SOUTHOLD TOWN CT.~K Town Clerk, Town of Southold DATED: Form ZB4 October 22, 1984. (rev. 12/81) CHAIRMAN, SOUTH~NG OF APPEALS BOARD ZONING BOARD OF APPEM~ .... ToWN BALL NIAIN ROAD - $. R. 25 ~OUTBOLD, N.Y._1197~- NOTICE IS HEREBY GIVEN, ~ursuant 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 matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, SEPTEM- BER 13,'1'984, commencing at 7:30 p.m.-, at the Southold Town Hall, Main Road, Southold, NY and as fol.lows: 7:30 p.m. Application for HENRY P. SMITH for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, Article III; Section lO0-31 of the Zoning Ordinance. Property Location: West Side of Peconic Lane, Peconic, NY; 1000- 74-5-2 and 3 (9.2). 7:35 p.m. Application of. ROGER MUNZ, Box 567, Laurel, NY (by Cardinale & Cardinale, Esqs.) for a Variance for relief from Condition No. 7 of the May 27, 1983 decisions'rendered'~in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 (Owme~s'~ J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMAN, 2 Linda Lane, Setauket, MY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish home occupancy, to wit: physician office, within a one-family residential building exceeding 30% of the maximum-permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage- storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02~01. 8:00 p.m. Application of PATRICIA AND REINER LOLLOT, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Sectio~" lO0-llg-l(A) for permission to erect fence exceeding the maximum fo[ir-foot height requirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By- The-Sea Filed Map 6160, Lot 157; County Tax Map Parcel No. 1000- 015-05-024.11. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 13, 1984 8:05 p~m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, NY (by Esseks,.Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of lot i:n this proposed two-lot division (redivision) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road Cutch.o~ue, N , County Tax Map. Parcel No. 1000-83-02-005. 8:10 p.m. Application for HENRY DOMALESKI, Oregon Road, Cutchogue, NY (by A. Wickham, Esq.) for Variances: (a) to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient width of two proposed parcels in this division of land, and (bi to New York Town Law, Section 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutch~gue, NY; County Tax Map Parcel No. lO00-095-Ol-part of 011. 8:I5 p.m. Application of THOMAS AND JAC~UELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY (by Scheinberg, DePetris & Pruzansky) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of a new one-family dwelling with an insufficient frontyard setback of 12½ feet (reduction of that granted under Appeal No. 3031 1'/27/83). Location of Property: 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip, NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel to be set-off in this proposed three-lot subdivision of land located at the north side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-7. Persons desiring to by representative. For office. be heard may do so in addition information, person, in writing, please contact our or Dated: August 14, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, AUGUST 23, 1984, and forward nine affidavits of publication on or before August 31 to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO, 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFF~E SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~,b/..,7,..~..~ ~ .... ,'~*~*~,~o~,~,pt~o,r~pp,i~,io~date~ ...... ~/~..Z ....... ,~. ~o~ ~,, ~o ~o,~,~..~..~.../~..~.. ~..~~ ........... ~,~,~o~~ ~,~,~,,o ..... ~c~. ~ .... ~o~ ~o..c~ ......... is ret~ed herewith ~d disapproved on the follow~g ~o~ds .~.. ~~~... ~ ~ff.. ~/~ ~... ~.a ~:...z ~.. ~/q~ .~~..~ ....... Bulldog ~spec~or RV 1/80 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 ' TEL.: 765-1803 __ 'Xp~;;8~ .. i: i ............ i9... Pe~it No ............ R~cei~ed ........... ,19. , - ' (Building Inspector) ' ' ~.,: +~ ,~_,~,~ ........... ,~-~-.~? ...... APPLICATION FOR BU LDING PERM IT Date ........ ;'. ' -" INSTRUCTIONS a, T~s applicatton must be completely filled in by (~rpewriter or in ink'and submitted to the BuildinE Inspector, with sets of plans, accurate plot plan to scale. Fee according to sclledule. b. Plot plan showing location of lot and of bull,dings or~ premises, relationship to adjoining premises or public'street. or areas, and ~iving a detailed description of layout 0f'p.~)~se~ must be drawn on the diagram which is part of this appl~ ,<~ C;¢4The work .... - ' ' ' ' ' covered by this applicatmn may not,be commenced before ~ssuance of Building Permzt; d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm~ shall be kept on the premises available for inspection throughout the work. ~ e. No building shall be occupied or used in whole or in part for any purpose Whatever until a C~rtificate efOccupanc: shall have been granted by the Budding Inspector. - APPLICATION IS HEREBY MADE to the Building Department fo~ the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town 6f Southold, St~ffolk C6tm~y, New York,~ ap. d Other applicable'Laws, Ordinances o Regulations, for the construction of bu~fldings, additiOns or alterations, or for removal or demolition,~as herein described The applicant agrees to comply with afl/applicable laws, ordinances, b~'~ng code,~hot~ai ~g cx~e, and regulations, and t~ admit authorized inspectors on premises ~nd in building f~r necessary ~,cti,~ns. ~/~f , ~/ (Szgnaty4ce of applic~i: ,,er na~e, zf a corporatmn) ~ .//ff~ .~...~.~ ...... -../..% .... , ...... (Mailing ~ddress of applicant) U State whether applicant is owner, lessee,~agent, architect, engineer, general contractor, electrician, plumber or builder "--p,~Q,~ ; ,~')~ ,~,~,~,~ , 0)~ ~-~,~_ (as on'the tax roll or latest deed) ' ' If ,pplicant !s a corporationt signature of duly authorized of zf~e .fi" ~' ,A : ............. : ....d/../~. ...................... _ . (Name and title of corporate officer) - - lumber s Lzcense No ..... ~Lm' ................ Electrician's License No ....................... Other Trade's License No ......... : ............ ~V/a~,~ ~//~,~dF~": ~..~. I. Location of land on which proposed work will be done.. ~,.¥.~..'"~-~...w/.t. ~r.~.,.'.-.-.¥ ....... House Number Stre4t -Hamlet . oun, a apNo. 1000S ction .... ,loc ...... Subdivision ~. ~f~r~)...'~..~...~ .~. ............. Filed Map No. ~.,fd?..~. ...... Lot . .Z/.. (Name) ~.. State existing use and occupancy of,premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . .~l/~ ~g .................... ' b. Intended use and occupancy . .~'~'~'~'~'~'~'~'. .... : ................................ 3. Nature of work (check which apf~ble): New Building ..... ' .....'Add,' n .......... Alterati~_n . ;~ ........ Repair .............. Removal .............. Demolition . Other Work..X~.-..~-.,~. ~ ~,_~.. ' ~ ,..~../, .~.. ~.~_. (Description) 4. Estimated Cost.. ~0©, -- Fee (to be paid on £fling this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ................ Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front .... , .................. Rear ...................... Depth ...................... 10. Date of Purchase .., ............. Name'ofFo mer_ Owner 1 1. Zone or use district in which premises are situated.. ~ t ....................... :~'--~: - ;:-:,. ,- .-~,~-~- .-?:~":.-~*: 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded .... : ....................... Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Nanae of Contractor .......................... Address ................... Phone No ................ :'::':': ....:~' PLOT DIAGRAM *Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property l~nes. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual sigmng contract) bore named. te is the ....................................................................................... (Contractor, agent, corporate officer, etc.) f said owner ar owners, and is duly authorized to perform or have performed the said work and to make aud file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the zork will be performed in the manner set-forth in the application flied therewith. worn to before me this .............. ,~. ~'.,,~. .... day of .... HELE~,~ K. DE VOE NOTARY PUgLIC. State of New - No. 4707878, Suflol~ fei'at ~.xplres Ma[ch 30. 19~S~' TOWN OF SOUTHOLD, NEW YORK ~1:~l~1~ DECISION OF BUILDING INSPECTOR APPEALNO. DATE ..¢~.~..~...~.~.L~.~.¢ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (We) ?.~...~..,e,~ "~/~e~..~..~...l~.....Zf..~_%.?.r .. of .~...~-.'~........~..z.~..,~.......~:...s.:.....~....~/..: .......................... Nome of Appellant Street and Nurnbef ..... ~&f'.?~..A~...?. ....... ...A~.:..~'.. ........................................................... A2....~7~.....~../..¢.~.~..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS,FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7/~/3'~ FOR: WHEREBY THEBUILDING INSPECTOR DENIED TO ..~.,.~.,..~.....z.~.,.~.~.......z.'~.tS~.( ........ Name of Applicant for permit .~....~..?..~....?.-....~......~c~.~.r .............. ~..~......~<.c. cz ........... Street and Number Municipality State of PERMIT TO USE PERMIT FOR OCCUPANCY (~')/'P:ERMIT TO BUT:LD 1 LOCATION OF THE PROPERTY ~..q~..c.~..~:.....,./~..'~.:e....ef..c....C..~...~-J...~ '~'-.~.......'~.....~...~...~......~.~.: .............. Street and Hsmlet Zone ...... /...~..,....~..-...z..:.¢...~/. ~ ............ ../...s....7. ............. O~NER {s~: ?~..~..~.,~. ~.¢:.~:~...z.~.¢..?~' Ma~ No. Lot No. DATE PURCHASED: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ sectio¢ 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 Mop ( ~ A VARIANCE due to ack of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal %~li!~) (has not) been made witk respect to this decision of the Building Inspector or with respect ~o this property. Such oooeol was ( ) reques~ for a special permit ( ) request for c variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ~ ) A Variance to Section 280A Subsection 3 (-'")" A Variance to the Zoning Ordinance ( ) is requested for the reason that we ~ou].d l±ke ~o Fo~ ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP ~ecause ~ d;b.-"c-t..~-~-.--.~_~ ~._..~¢~ .~.,~.-~,,,~ ~ _.~,~..~.~. 2, The nardship created is UNIQUE and is not shared Dy all properties alike q 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 NEW YORK ) ) ss COUNTY OF ) Signature Sworn ro this ............... ~,Z.,t~., ................... day of ....... f~ ................................... 19 ~'7 .......... ........ Notary Public HELEN K. DE ~TJE NOTARY PUBLIC, State of N~ Ym'k No, 47078r~8, Suff~t~ Cou~ ~erm Expires ~rcl~ 39. ~9~ OWNER FORMER OWNER ~'~ ¥ 4//./~9 [SEAS. LAND IMP. OF SO~THOLD I~,ODERI'Y STREET N Tillebi~ Woodlond Meadow[and House Plot ~otaJ FARM COMM. VILLAGE DATE FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD CB, MiCS. Mkt. Value ACR. TYPE OF BUILDING Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERA~D P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice August ]4, S.E.Q.R.A. NEGATIVE ENVIRONFiENTAL DECLARATION 1984 of Determination of Non-Significance APPEAL NO.: 3264 PROJECT NAFiE: PATRICIA & REINER LOLLOT 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for 5' high fence in frontyard area. LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more particularly known as: Ryder Farm Lane, Orient, .NY; County Tax Map No. 1000-15-5-24.11. 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 propertl in question is not located within 300 £eet of tidal wetlands or other critical environmentsl area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. October 10, 1984 ~. Gerard Geohringer Zoning Bdo Of Appeals Town hall Main Rd. ~outhold, ~.Y. 11971 Dear Mr. Goehrin~ar: Please be advi~ed that we are withdrs~in~, our appeal "to erect fence exceeding maximum four-foot height at 1120 Rydmr Farm Lane, Orient, 100-015-05-024.11" We find that we can comply wish the present ma×imum four-foot height requirement, precluding the necessity of an appeal. We shall proceed to procure the necessary permit for same. ~.,,e th~nk you for your ~nd the board~s patience and cooper~tion in t?.~s mattee~. ...... ~' ~ Lollo~~-~4~ 2345 Plum Is. La. Orient, ~.Y. 11957 DECLARATION OF COV~ANTS AND RESTRICTIONS made this 15th day of November, 1961 by WOODHOLLOW PROPERTIES, INC., a domestic corporation having its office at 3 Glen Lane, Glenwood Landing, Nassau County, New York, hereinafter called the "Declarant", ~ITNESSETH: WHEREAS the Declarant is now the o~aer in fee simple of all lots ~n a certain map entitled "Map of Orient-By-The-Sea, Section 2, sit,rote at Orient Point, Town of Southold, Suffolk County, New York, by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Greenport, Long Island, New York," filed in the Office of the Clerk of Suffolk County on October 26th, 1961 under file 3~!¥: A.B.S. #3840 and WHEREAS the DeclArant intends to develop the aforesaid premises as a planned comunity comprising of single family detatched dwellings of a general ~ew England Colonial, Cape Cod and Long Island Farmstead architectural character and design; and WHEREAS the Declarant intends to grant and convey said premises and portions thereof to various purchases; and WHEREAS the Declarant is desirous of subjecting the whole of said premises and every portion thereof to certain conditions, covenants and restric- tions for the purpose of cc~serving property values and promoting the general welfare of residents of the area, NOW, THEREF(RE, the Declarant declares that the aforesaid premises and every portion thereof be and the same hereby is held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, md each and every prospective purchaser of said premises or portion thereof by the acceptance of a deed thereto covenants and agrees that the premises so purchased zhall be held subject to the following conditions, covenants and restrictions, to FIRST - No building and/or structure of any natul'e or description shall be erected or maintained upon any lot having an area of less than 20,000 square feet, ~ith a minimum width of 100 feet at the house line. SECOND - No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon ar~ lot within forty (40) feet of the front street line of the lot nor fiftee~ (15) feet of any side line of the lot, nor within thirty (30) feet of - 1 - the rear lime of the lot, except that in the case of a corner lot a buil&t~ shall be required to comply with the front yard restrictions on one street front c~ provided, however, that the width of the side yard abutting on the street other than that upon ~hich the lot fronts shall be not less tha~ thirty (30) feet. THIRD - Each lot shall be used for private residential purposes only (or as a professional office of a physician or dentist resident therein) and no building and/or structure of any nature or description whatsoever shall be erected, altered, placed or maintained thereon e.r~ept one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, and an at. tached garage. A garage connected to the dwelling by an overhead trellis, pergola, breezeway or porch roof shall be deemed attached. Ail one story dwellings shall provide not less than 1OOO squ~re feet of usable floor area and all one and one-half and two and one-half story dwellings shall provide not less than 700 square feet of usable floor area on the first floor or ground level. FOURTH - No separate or detached garage, out-house, outbuilding, barn, shed or other structure of whatsoever kind or nature shall be erected, placed or maintained upon any lot. FIFTH - No trailer, basement, tent, shack or garage shall be ~rected, placed or maintained on any lot for use as a residence either temporarily or permanently. SIXTH - No signs of any kind, other than the usual small professional signs shall be erected, maintained or displayed to the public view on any por- tion of the land or buildings without writtmn consent of the Declarant, and thew only upon such conditions as the Declarant may specify. This provision, however, shall not include signs used by the Declarant or its successors and assigns. SEVENTH - Fences, ~hether fabricated or growing, shall not exceed four (4) feet in height. EIGHTH - No title to land in any street opened or laid out by the Declarant is intauded to be conveyed to purchasers cf any lots and the Declarant reserves to itself the fee cf all land lying in the bed of any and all such streets, and further reserves to itself the right to convey to any municipal authority all of its right, title and interest in any part er all of such streets, should the Declarant at ar~ time deem it expedient to do so. -2- NINTH - The exterior architectural features of any and all buildings and/or structures sb,ll be that of New England Colonial, Cape Cod or L~ng Island Farmstead character and design, or of any other design approved by the ~ Declarant or assigns. T~TH - No buildings and/or structures of any nature or description shall be erected, nor shall erectio~ be commenced, nor shall any exterior altar- ations upon or additions to any existing buildings and/or structures be under- taken unless and until al~ plans, specifications, building eleVations, site plans and other information deemed necessary to determine the suitability and appropriateness of the exterior architectural features and design of the proposed buildings and/or structures have been first approved in writing by the Declarant, his successors or assigns. Ail exterior construction, painting and grading shall be completed within one (1) year after commencement of constructi~ ELEVt~TH - The Declarant shall have and hereby reserves the right, without the consent of any o~ner, mortgagee or other lienor, to give consents, to enter into agreements and grant easements in perpuity to electric light, telephone, gas, water and other public utility companies or any municipal or governmental authority to erect, install and maintain telephone and electric light poles, s~bsidiary pipes, wires, cables, appurtenant apparatus and equipment in, over, through, under, upon and along the prope~y lines of any plot or lot sow or hereafter laid out upon said premises for a distance not exceeding ten (10) feet in width, and in, over, through, under, upon and along any street, right of ~ay or other thoroughfare now or hereafter laid out upon said premises and as more particularly shown on the aforesaid map of Orient-By-The-Sea, Section 2. T~F/2TH - The Declarant, his successors and assigns, whether or not o~ning any par~ of the aforesaid premises and without the consent of any owner, mortgagee or other lienor, shall have and hereby reserves the right to alter, modify or annul, in whole or in part, and as to any lot or lots of the whole of the aforesaid premises, at any time and from time to time, any or all of the conditions, covenants and restrictions set forth in this Declaration. THIRTEenTH - The Declarant, his successors and assigns shall have and hereby reserves the right to assign, with or without a conveyance of title to any part of the aforesaid premises any ar all of the rights and powers of the Declarant hereinccontained, by an instrument in recordable form, and the assignee thereof, whether or not such assignee have title to any part of the aforesaid premises, shall have the same rights and powers and be subject to the same obligations and duties as are reserved by and given and assumed by the Declarant hereunder · FOURTEEh'I~ - The Declarant reserves to itself, its successors and assigns the beach and water front located at the northeast corner of the premises designated "Reserved Property O~ners Beach" on the map of Orient-By- The-Sea, Section l, filed in the Office of the Clerk of the County of SuffoLk, for the use and enjoyment of all purchasers of said premises or portions thereof under such reg~ulaticns as ~ay from t~e to t~e be reasonably established by the DecLarant, ire successors and assigns; and every prospective purchaser of said premises or portions thereof by the acceptance of a deed thereto, for themselves, their successors and assigns, covenants and agrees that the premises conveyed by such deed shall be subject to an annual charge in such an amount as shall be fixed by the Declarant, its successors and assigns, not, however, exceeding in any year the sum of Four Dollars ($4.00) per lot 10C feet by 125 feet. The assigns of the DecLarant may include a properties owners' association that may hereafter be organized for such purposes referred to in this paragraph, and in the event that such association is organized, the sums referred to in this paragraph provided shall be payable to such associations. Every such purchaser, their successors and assigns covenants and agrees that they will pay the aforesaid charge to the Declarant, its successors and assigns, on the first day of May in each and every year, and further covenants that said charge shall, on said date in each year, become a lien on the land and shall be such lien until fully paid, and the Declarant, its successors and assigns shall have the right and power to bring all actions for the collection of said charge and to enl'orce the lien thereof. Such charge sh,ll be devoted by Declarant, its successors and assigns, to the payment of taxes and the maintenance of the said beach and waterfront. FIFTEENTH - This Declaration shall be binding upon, inure to the benefit of and be mnforceable by the Declarant, its successors and assigns, and (Subject to the right of the Declarant, its successors and assigns, to alter, modi~'y or annul this Declaration as set forth in Paragraph Twelfth) an~ o~ner or ~lers of any of the aforesaid premises, their heirs, legal representatives, successors and assigns; and the failure oy any of the foregoing to e~rorce any of such conditions, covenants and restrictions $hall in no event De deemed a waiver of the right to do so thereafter. SIXTEENTH - The foregoing conditions, covenants and restrictions shall be construed as real covenants running wroth the land and shall cease and termin- ate on the 26th day of OctoOer 1971. However, the Declarant, his successors and assigns, may renew and extend the same for successive periods of five (5) years each by an instx~lment evidencing such intention and recorded in the office of the Clerk of the County of Suffolk prior to any expiration date. SEVE~fE~TH - Invalidation of any of the aforesaid conditions, covenants and restrictions by judgment or order of a court having Jurisdiction thereof shall in no ~rlse affect any of the rem~-.ing provisicms hereof which shall remain in full force and effect. IN '~T~ESs WH .h~EOF said Declarant has set his hand and affixed his seal the day and year first above written. WOODHOLLOW PROPERTIES, INC. (Signed) Walter Uhl Vice President STATE OF NEW YORK, ) : SS.~ County of NASSAU ) On this 15th day of November 1961 before me came Walter Uhl, to me known who being by me duly sworn, did depose and say that he resides at Split Rock Road (no number), Syosset, Nassau County, New York; that he is the Vice President of WOODHOLLOW P~OP~S, INC., the corporation described in and ~ich executed the foregoing Lustrm,ent; that he knows the seal of said corporation; that the seal affixed to said instrume~t is such corporate seal; t~at it was so affixed by the order of the ~oard of directors of said corporation, and that he signed his name thereto ~y like order. ........... Notary Publi~ I morandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 9/13/84 To: Ed Hindermann, Building Inspector From: Z.B.A. Re: Your Disapproval of July 3, 1984 Lollot Variance Application July 3, 1984 It is mentioned in the applicant's variance application that the proposed use of this premises is for a horse for riding. Could you tell us for the record whether such a use would violate town regulations and whether or not such a use would violate covenants and restrictions set by the Planning Board at the time this subdivision was approved? Thank you for your assistance. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERA$~D P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~LENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance August 14, 1984 S.E.Q.R.A. APPEAL NO.: 3264 PROJECT N~VLE: PATRICIA & REINER LOLLOT 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 Envirornnental 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 envirornnent 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: Variance for 5' high fence in fr0ntyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Ryder Farm Lane, Orient, NY; County Tax Map No. 1000-15-5-24.11. 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 environment are likely to occur should this project be imple- mented as planned; (2) The property in question., is not located within 300 feet of tidal wetlands or other crmtmcal environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals[i, 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. ZONING BOARD OF APPEALS Town Hall Main Road, S.R. 25 Southold, N.Y. 11971 COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE IS HEREBY GIV- EN, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public, hearings by the Southold Town Board of Ap- peals on THURSDAY~ OCTO- BER H, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS. 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceeding the 20% lot coverage require- ment. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Green. port Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. ANI~ F~LLI~N M. PRESTON, Box 1422, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-05-01.18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (re- cessed from 9-13-84}= For variances: (a) to Article III, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for ap- proval of access. R-O-W off the North side of Oregon Road, Cutchogue; 1000-095- 01-part of 11. //'7:45 p.m. Application of~ pATRICIA AND REINER~ LOLLOT for variance to Article) ~XI, Section 100-119.1(A) for/ )permission to erect ~fence~, exceeding maximum four-foot/ height requirement at 1120~ Ryder Farm Lane, Orient;\ 1000-015-05-024.11. (recessed! rom -13-s4 . 7:50 p.m. Application or RENATE RIEDEL 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article II1, Section 100-31, for approval of an insufficient frontyard set- back of a one-family dwelling structure to be locgted at 67S Meadow Lane, Mattituck Es- tates Lot 42, Mattituck, NY: 1000-115-05-007. -8-:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Mariene Drive, Matti- tuck, NY; 1000-114-2-40. 8:15 p.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY 11935 for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 30(C) for permission to estab. lish sleeping quarters in a non- conforming accessory build- ing. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11-019. Persons desiring to be heard should do so, either in writing or in person, before or during the public hearing. For addi- tional information, please con- tact our office at 765-1809 (or 1802). Dated: October 1, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Patricia Wood, being duly sworn, soys 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 Zraveler-Watch- man once each week for ........................... ../. .......... weeks successively, commencing on the ................ .~....~.'.. ........... Sworn to before me this ................................ day of ................ Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~ (a) 4cie III, Section 100-31 for ap~val of width (b) to New York To~na Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Road, Cutohogue; 1000-095-01-part of ~7:45 p.m. Application of PAT-~ [ RICIA AND REINER LOL- I LOT for variance to Article XI, } S~ction 100-119.1(A) for permis- LEGAL NOTICE .] mon to erect fence exceedin~ NOTICEISHEREBYGIVEN, ~ ml}ximum four-foot height re-- pursuant to Section 267 of the / qmrement at 1120 Ryder Farm Town Law and the Provisions of ( Lane, Orient; 1000-015-05- the Amended Cede of the Town k,.,024.11. (recessed from 9-13-1M).ff 7:50 p.m. Application of RE-- of Southold, a Regular Meeting and the following matters will be held for public hearings by the Soutbeld Town Board of Appeals on THURSDAY, OCTOBER 11, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Street, Greenpert, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for permission to con- struct deck addition with insuffi- cient side and rear yard setbacks and exceeding the 20% lot cover- age requirement. Location of Property: 1225 Ninth Street, Greenpert, NY; County Tax Map Parcel No. 1000-048-03-028; Greenpert Driving Park Subdivi- sion Lot 4. 7:35 p.m. Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the insuf- ficient area and width of this par- cel in this proposed set-offof land located along Hyatt Road, South- old, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (reces- sed from 9-13-84). For variances: NATE RIEDEL, 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zon- ing Ordinance, Article IH, Sec- tion 100-31, fsr approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05- 007. 8:05 p.m. Application of ED- WARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, for permission to construct addition with reduction of sideyard setback to less than the m-quired 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. 8:15 p.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutch- ogue, NY 11935 for a Variance to the Zoning Ordinance, Article IH, Section 100-30(C) for perrnis- sion to establish sleeping quar- tors in a nonconforming acces- sory building. Location of Prop- erty: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000- 126-11-019. Persons desiring to be heard ~hould so so, either in writing or m person, before or during the public hearing. For additional in- formation, please contact our of- rice at 765-1809 (or iI Dated: October 1, 198~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD p. GOEHRINGER, CHAIRMAN ) ITO4-4678 ) SS: COUNTY OF SUI~FOLK ) AN_NA T ~_~S ~ of Greenport, in said County, being duly sworn, says that he/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 ~.. th day of-n~enbnr 19a 4 Principal Clerk Sworn to before me this 41- h day of _ Ocf, ob e r 1984 ZONING BOARD OF APPE/',L~ TO¥1N I~.ALL I~A!N I-',OAD - S.R. 25 $oUTHOLD, N.Y"-L 197'1' 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 matters will be held for public hearings by the Southold Town Board of Appeals on THURSDAY, OCTOBER ll, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceed- ing the 20% lotlcoverage requirement. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning 'Ordinance, Article III, Sec- tion 100-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (recessed from 9-13-84). For variances: (a) to Article III, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of 11. /~-- 7:45 p.m. Application of PATRICI~A AN~D REINE~R LOLLO~T for variance/ ~to Article XI, Section lO0-119.1(A) for permission to erect fence ~ exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane,~ Orient; 1000-015-05-024.11. (recessed from 9-13-84). J 7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, West- hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05-007. 8:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. Page 2 - Regular Meeting October ll, 1984 Legal Notices'of Hearings Southold T~wn Board of Appeals 8:15 p.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY 11935 for a Variance to-the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11-019. Persons desiring to be heard should do so, either in writing or in person, before or during the public hearing. For additional information, please contact our office at 765-1809 (or 1802). Dated: October l, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, OCTOBER 4, 1984 and forward 7 affidavits of publication on or ~-~'6re October 9, 1984 to: Board of Appeals, Main Road, Southold, Ny 11971. Thank ~ou. CoPies forwarded to the following Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. about 10/1/84: Ms. Barbara Ulrich, Box $chellenbach and Rojas, 353, East Marion, NY 11939 for SCHELLENBACH & ROJAS Ninth Street, Greenport 11944 Mr. and Mrs. James F. Preston, Box 1422, Southold, NY 11971'i Abigail A. Wickham,~ESq. Mr. and Mrs. R. Lollot Mrs. Renate Ried~l",'~161 for HENRY DOMALESKI and RENAT'E RIEDEL Brook Road, Westhampton Beach, NY 11978 Mr. Edward L. Herrmann Gary F. Olsen, Esq., Main Road, ZBA individual files ZBA members Town Clerk Bulletin Board Building Inspector Lessard Cutchogue, NY 11935 for DR. PILLAI August 23, 1984 · 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 Southold, a Regular Meeting and the following matters will be held for public hearings by the Seuthold Town Board of Appeals on THURSDAY, SEP- TEMBER 13, 19~4, commenc- lng at 7:30 p.m., at the Southold Town Hall, Main Road, Seuthold, NY and as follows: 7:30 p.m. Application for HENRy p. SMITH for approval of two parcels with insufficient area and width in this B-1 Busi- ness Zoning District, Article IH, Section 100-31 of the Zoning dinance. Property Location: West Side of Peconic Lane, Peconic, NY; 1000-74-5-2 and 3 (9.2)· 7:35 p.m. Application of ROGER MUNZ, Box 567, Laurel, NY (by Cardinale & Car- dinale, Esqs.) for a Variance for relief from Condition No. 7 and the May 27, 1983 decisions re- ndered in Applications No. 3100 and 3101. Property Location: 13175 Main Read, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 (Owners: J. and C. Moisa). 7:45 p.m. Application ofJ. P. HUBERMAN, 2 Linda Lane, Setauket, NY (by I. Pr/ce, Jr., Esq.) for a Variance to the Zoning Ordinance, Article IH, Section 100-30(C) for permission to es- tablish home occupancy, to wit: physician office, within a one- family residential building ex- ceednig 30% of the maximum- permitted first floor area, at 41505 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAM- BROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate accessory garage-stor- age building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Pareel No. 1000-022-02-01. ~' 8:00 p.m. Application of PAT- (~..RICIA AND REINER LOL- ffL~Yr, 2345 Plum Island Lane, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119-1(A) for permis- sion to erect fence exceeding the maximum four-foot height r~ qnirement along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sea F/led Map 6160, Lot 157: County Tax Map Parcel No. 024.11. 8:05 p.m. Application of CON- STANCE KLAPPER, Box 291, Cutchogue, NY (by Es~eks, Hef- tor, Cuddy & Angel) for a Vari- an? to the Zoning Ordinance, Article IH, Section 100-31, for ap- proval of insufficient area of lot in this prope~ed two-lot division (redivision) of land and for ap. proval ofinsufficisnt livable floor ~ of existing principal build- lng. Location of Property: 3300 Dignans (private) Read, Cutch- ogue, NY; County Tax Map Par- cel No. I000-83~02.005. 8:10 p.m. Application for HENRY DOMALESKI, Ore- gon Rood, Cutohogue, NY (by A. Wickham, Esq.) for Variances: (a) to the Zoning Ordinance, Ar- ticle III, Section 100-31 for ap- proval of insufficient width of two proposed parcels in this d/vi- sion of land, and (b) to New York Town Law, Section 280-A for proval of access. Lacation of Property: Private Right-of-Way ~ff the North Side of Oregon The Suffolk Times Road, Cutchogue, NY; County Tax Map Parcel No. 1000-095- 01-pert of 011. 8:15 p.m. Application of THOMAS AND JAC- QUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oak- dale, NY (by Sehsinberg, DePet- ris & Pruzansky) for a Variance to the Zoning Ordinance, Art/cie III, Section 100~31 for approval ' of the construction ora new one- family dwelling with an insuffi- cient frontyard setback of 12 1/2 feet (reduction of that granted under Appeal No. 3031 1/27/83). Location of Property: 1580 Corey Creek Lane, Seuthold, NY; Corey Creek Estates Filed Map No. 4923, Lot 28; County Tax Map Parcel No. 1000-78-04-019. 8:25 p.m. Application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Isiip, NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordi- nance, Article IH, Section 100- 31, Bulk Scbedule, for approval of insufficient area and width of parcel to be set-off in this prop- osed three-lot subd/vision of land located at the north side of Seund Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-i- 7. Persons desiring to be heard may do so in person, in writing, or by representative. For addi- tional information, please con- tact our office. Dated: August 14, 1984. BY ORD: THE SOUTHOLD ' BOARD OF APr GERARD P.GOEHRI]' CHA~ 1TA23-4648 rt, in the Town d State of New the annexed is ly published in ~k for on~ onthe 23rd I Clerk NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold. a Regular Meeting and the following matters will be held for public hea~.gs= by the Southold Town ~anrd Of Ap- peals on ~AYt SEP- TEMBER 13~ 19~4, commenc- ing at 7:30 p;m., at the Southold Town Hhll, Main Road, Southold, NY and as follows: . ,, ~ ~, 7:30 p.md~&J~plJeatJoa for HENRY P. $~ f~ ap~rOv. al of two ~Pat~els With inluf- ficient area and width~in this B-1 Business Zoning District, Article III, Section 100.31 of the Zoning Ordinance. Proper- ty Location: West Side of Peconic Lane~ Peconic, NY; 1000-74.5.2 and 3 (9.2). 7:35 p,m. Application of ROGER MUNZ. Box 567, Laurel,' N'y (by Cardinale & Cardinale, Esqs.) for a Vari- ance for relief from Condition No. 7 of the May 27, 1983 decisions rendered in Applica- tions No. 3100 and 3101. Property Location: 13175 Main Road, MattRuck, NY; County Tax Map Parcel No. 1000-140. 03~038 (Owners: J. and C. Moisa). 7:45 p.m. Application of J.P. HUBERMANt 2 Linda Lane, Setaukct, NY (by I. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article HI, Section 100-30(C) for permission to establish home occupancy, to wit: physi- clan office, within a one-family residential building exceeding 30% of the maximum-permit- ted first floor area. at 41505 C.R. 48, Sonthold, NY; County Tax Map Parcel No. 1000- 059-03-023. 7:55 p.m. Application of FRED H. AND GEORGIA LAMBROU, One Canaan Close, New Canaan, CT 06840 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage - storage building in the frontyard area at 1365 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-022-02- 01. /.8:00 p.m. Application of tPATRICIA AND REINER LOLLOT., 2345 Plum Island · Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Article X], Section 100-119- I(A) for permission to erect fence exceeding the maximum four-foot height requirement ~' along frontyard area of this vacant parcel, 1120 Ryder Farm Lane and Uhl Lane, Orient; Orient-By-The-Sea Fil- ed Map 6160, Lot 157; County Tax Map Parcol No. 1000-015- 05-024.11. 8:05 p.m. Application of CONSTANCE KLAPPER, Box 291, Cutchogue, HY (by Es- seks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article HI, Section 100-31, for approval of insuf- ficient area of lot in this pro- posed twoqot division (redivi- sion) of land and for approval of insufficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-02- 005. 8:10 p.m. Application for HENRY DOMA.LESKL Ore- gon Road, Cutchogue, NY (by A. Wickham, Esq.) for Vari- ances: (a) to the Zoning Ordin- ance, Article III, Section 100- 31 for approval of insufficient width of two proposed parcels in this division of land, and (b) to New York Town Law, Sec- tion 280-A for approval of access. Location of Property: Private Right-of-Way off the North Side of Oregon Road, Cutchogue; NY; County Tax Map Parcel No. 100-095-01- part of 011. 8:15 p.m. Application of ~FHOMAS AND JACOUELINE OCCHIOGROSSO, 77 Vander. [lilt Bulevard, Oakdale, NY (by Scheinberg, DePetris & Pru. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ./. ............ weeks successively, commencing on the ............... ~.~.~...'...¢~. ......... da~.......~..~.'.~ , 19 Swam to before me this '~' '~ day of ............. .............. , ,,...C.r. Page 3 Copies have been forwarded to the following on or about 8/21/84: Suffolk Times (personal delivery 8/21/84 a.m.) L.I. Traveler - mailed 8/21/84 a.m. Philip J. Ofrias, Jr., Esq., for H.P. SMITH Philip J. Cardinale, Esq. for ROGER MUNZ '~'~"L~'~ ~'~~'~'-'~i~ Mr. Roger Munz Irving L. Price, Jr., Esq. for J.P. HUBERMAN Mr. G.A. Strang for Huberman Mr. and Mrs. Fred H. Lambrou Mr. and Mrs. Reiner [ollot Esseks, Hefter, Cuddy and Angel ~ for Co~stance Klapper Abigail A. Wickham, Esq. for Henry Domaleski for Robert Entenmann Scheinberg, DePetris and Pruzansky for T. Attn: Janet Geasa, Esq. Town Board Planning Board Building Department Town Clerk Bulletin Board Zoning Appeals Office Bulletin Board Z.B.A. members Z.B.A. individual files AND J. OCCHIOGROSSO J UDITIt T. TERRY TOV(N CLERK REGISTRAR 01' VITAL SIAI [Y,I'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 July 3~ 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Zoning ~ppeal No. 3264 application of Patricia & Reiner Lollot 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. ~udith T. Terry ~r Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD /~%~ln the Matter or the Petition of to the Board of Appeals of the Town of Southoid TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~.-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~ (Special Exception) (Special Permit) (Other) [¢±rc].e cho±ce] ). 3. Thane pro~erty/~/~ which, ~.~,~3L,~ ~,.~A'is th~ s~bject/~f such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. lhat the provis(oq,s of the Southold lown Zoninl~ Code apjlJicable J~o the relief sought by the under- signed are Article ?</ 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, $outhold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-].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)r/~ve th~ right to aj~oear and be heard at such hearing. ~ /J /'-) /-J Petitioner NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS E P 565 485 441 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent~ ~., ~ Ce~Jfied Fee Special DeJive~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of DeHve~ Po~o~ Date P 565 485 442 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street ac~.N Postage ~ Ce~ified Fee v~ Special Delive~ Fee Restricted DeHveu Fee Return Receipt Showing to whom and Date Delivered Return r whom, TO~stage and~Fe~ P~ dmark ~_~ ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~'-~/C~//'~ ,~c=2,/-Z-C)'~ ,residingat.~/-.~ /~/.~ _~_~. ~,~. ~)/~f r: ~L/'7- /'L.)~~'~ // ~' ~ .~ , being duly sworn, deposes and says that on the ~ day of ,,..Y~'.Z..~ ,19 _~L_,Z~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof,/directed to each of the a~ove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- lice at (certified) (registered) mail. Sworn to before me this day of ~ , 19 · Notary Public ;that said NotlCe~/~mailed to~ persons by N0. 470787~ Suffolk Cou~ ~ The i;.Y.S. Environmental QuaiiC.y i{eview Act mission of Lhisi~Jl~rm, arid an environ,~ent,,I made by this bo~ltl before any action sta SHORT, iew wi 1 I be (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available lnfcrr~tion concerning the proJec~ and the likely impacts of the action, ft is not expected that additional studies! research or other investigations will be undertaken. (b) ~£ any question has been answered Yes the project may be significant and a co.plated Enviro~ental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Enviror~ental Assessment 1, Will proJgct result in ~ lares physical to the project site or whysically alter more than 10 acres of land? ..... , · , , Yes No 2. Will there be s major change to any unique or unusual land form found on the site? , , Yes , No 3. Will project alter or have a lares affect on an existing body of water? · . · . · . . Yes ,' NO &, Will project have a potentially large lmpac~ on ground%rater quality? , , , , , , . . , Yes , No ~. Will project significantly effect drainage flow on adjacent sites? . , . , , , o · · Yes ,' NO 6· Will project affect any thl'estened or endangered plant Or an~al species? . , , · · , . , Yes No 7. Will project result in a major adverse effect on 8, WLll project have a major effect on visual char- / attar of the community or scenic views or Vistas ' kno~"n to be important to the co~.~unity? · . · Yes - ~o 9. Will project adversely impact any site or struct- ure of historic, pre-nistoric~ 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 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance an a result of the project's operation? . Yea ,,' No 13. Will project have any impact on public health or Yes ~ No 1L. Will project fffect the existing community by directly causin~ a ~rowth in Dermsnent popula- tion of more than 5 percent over a one--year / period o__r have a major negative effect on the ' ~. Is there publ/f~controve~sy ~ncerning the project? -- Yes / No 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 [3rook, NY 11794, (tel. 516-75l.-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. [ ] [ ] 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 area: [ ] [ ] [ ] 50' existing road existing structures bluff area more than I0' 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/waterfro~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.5. 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 [.aw and to prewnt any unnecessary delays in processing your application(s). 10/831k Legend I