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HomeMy WebLinkAbout3257 Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 c=OUTHI1LD. L.h. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3257 Application bated June ]], ]984 (Planning Board Acti0n TO: Richard J. Cron, EsQ. as Attorney for MR. AND MRS. ALEXANDER STOLLMEYER Main Road Cutchogue, NY 11935, 8/20/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November ]5, ]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 Article [X] Request Article for Special Exception under the Zoning Ordinance , Section for Variance to the Zoning Ordinance III, Section ]00-3], Sulk Schedule [ ] Request for Application for ALEXANDER AND ELIZABETH STOLLMEYER, by R. Cron, Esq., Main Road, Cutchogue, 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-ff 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. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk and Parking Schedule of the Zoning Code for approval of 57,113 sq. ft. in area of a proposed parcel to be set-off from an 89,127 sq. ft. parcel, both totaling 3.3572 acres. The northerly parcel is vacant at the present time, and the southerly parcel is improved with one, one-story, one-family dwelling with attached garage, having a setback from the northerly (rear) lot line of 52± feet. For the record, it is noted that the premises adjoining on the east have been granted a conditional variance on May 23, 1974 under Appeal No. 1907 for Mary and John Capelluto for two lots, one of 41,316+ sq. ft. and the other of 1.5± acres. It is further noted for the record the survey as depicts a "one-story frame cottage" in the frontyard not exist at this time and is not under consideration amended May 31, 1984 area, which does in this application. The board members have viewed the premises in question and are familiar with the neighborhood. It is the opinion of the board that the relief requested is not substantial being approximately 70% of that required by the zoning ordinance, and that the area of this parcel as proposed will be of a size and character similar to those existing in this area. The board agrees with the reasoning of the applicant. (CONTINUED ON PAGE TWO) DATED: November 2l, Form ZB4 (rev. 12/81) 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3257 Matter of ALEXANDER AND ELIZABETH STOLLMEYER Decision Rendered November 15, 1984 In considering this appeal, it is the opinion of the board that: (1) by allowing the variance, no substantial detriment would be created affecting adjoining properties; (2) that no adverse effects will be produced on available governmental facilities of any increased population; (3) the variance will be in harmony with and promote the general purposes of zoning; (4) the circumstances are unique; (5) no adverse effects will be produced on available governmental facilities of any increase population; (6) the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3257 for approval of insufficient area of 57,113± sq. ft., BE AND HEREBY IS APPROVED, subject to the following condition: That there be no further lot area reductions (no further subdivi- sion). Location of Property: South Side of North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-054-05-45.8 and 45.9 (45.7). Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted vote of all the members. Doyen, Grigonis, by unanimous lk JGERARD P. GO[HRING~i~, ~ November 21, 1984 · RECEIVED Ti-iE SOUTHOLD TOt'~N Town Ole~l:, Tov;n of Southold Page 2 Southold November Legal Notice of Hearings Town Board of Appeals 15, 1984 Regular Meeting division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 10001115-04-009. 8:10 p.m. Application for WINDS WAY BUILDING CDRP., c/o ~.R. Bruer, Esq., Main Road, Southold, NY for a Variance to the oning Ordinance, Articl'e III, Section 100-3!, Butk Schedule,~ ~, for approval of insufficient area (and width) of ~wo parcels in this proposed division of land located along C~da~ Point JDrive East, Southold; Cedar Beach Park Filed Map No. 90, ~Lots 82, 83, 94; County Tax Map Parcel No. 100~-~0-03-18. 8:15 p.m. Application of MARIE ~. PATTERSON, 12 Turnwood Ct., Hempstead, NY 11550 for a Variance to the Zo ing Ordinance,i. Article III, Sect-ion 100-31, Bulk Schedule, for aporoval of ~"~,~ufficient area (a~d width) of two par'cels in th~'s proposed d~v~s~on of land located at the South S~de of. Pecenic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAND CORPt, c/o W~ Esseks, Esq., Box 279, Riverhead, NY for a Vawiance to the Zonirg Ordinance, ~o.~o~struct building with an insufficient side y~rd at South Side Main Road, Southold (7-11 Store), 1000-62-3~37. 8:25 p.m. Application for ROBERT DeTREY by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient sideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-10 & 11. 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); qOOO-lO2-O5-2&. Persons desiring tions before Dated: to apFear at the hearing may do so. Communica- ~n writing in relation thereto may be filed With our office or at this hearing. November 2, 1984. BY ORDER OF THE SOUTHDLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to ~ewspapers: Please publish THURSDAY, NOVEMBER 8, i984 and forward l0 affidavits of publication co: Board ~f Appeals, Main Road, SoJthold, NY 11971, before November 12, 1984. tel. 765-1809-~ 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 Scuthold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application forlALEXANDER AND ELIZABETH STOLLMEYER, by R. Cron Esq., Main Road, Cutchogue, 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. 2222 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 ~ ~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 100-31, Bulk Schedule, for approval of insufficien~ 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 MILESKA, 16045 Main Road, Mattituck, NY 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 FORM NO. 3 '~' TOWN OF SOUTt'IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ......... ..~ ............... Date... P~..~..././ 19 .~F.. for pe~it to ccn:rr~t ~(~ ~ county T~ Map No. lO00 Section .... ~. ~ ' ................ '.t..~. ~ j Subdihsion Filed Ma ............... p t~o ................. ~t No. is returned herewith and disapproved on the fonowing ~o~ds~.~~ .~ ~.. ~ .. FJUN 1 1 1984 Tow OF $OUTHOLD, NEW YORKTM P~E~ECISION OF BUILDING iNSPECTOR APPEAL NO. ~_~ O THE ZONJNG'BOA~:OF ~pEA~S; ~OWN OF SOUTHOLD. N Y, ],' (~)'A ~RICBA~"~ ~.' CR0~, as attorney for ' Cutchogue State THE ZONING DOARD OF AP~ FROM THE DECISION OF APPLiCATIoN D~TED: FOR: WNEREBY TNE BUiLDiNG NSPECTOR DENIED TO of ALEXANDER M. & ELIZABETH F. STOLLMEYER Name of Apphcant for permit Soundview Avenue, Southold, Municipality State Street and Number PERMIT TO USE ¢ ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD I. LOCATION OF THE PROPERTY ,..N...o.,r...t.~ Sea Drive - "A" Re iden~Agric Street and Hamlet Zone Described premises OWNER(S): A.M.& E.F Stollmeyer lV~ep Nc Lot No. ' ........ ' .............. -- HATE n ...... 2 PROVISION (S) OF THE ZONING OROINANCE APPEALED (Indicate the JArticte Section, section and Paragraph of the Zoning Ordinance by number. Do not quote ht edrdinance.) Arti¢le ITI , Section Al06-1 and Bulk gchedule 3 TYPE OF APPEAL Appeal is mane nerewitn foF (X) A VARIANCE to the Zoning Ordinance or Zoning Map A VARJANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, t6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal }5~0;K) (has not, been made with respect ~o this decisior of the Building Inspector or with respect to this property. Such appeal was ( request for a special permit ( ) request for a variance ann was made in Appeal No ................................. Dated ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance ~o the Zoning Ordinance ,s requested for the reason that we would like to set-of~ a area pursuant to ~A106-1 of the Zoning Ordinance. lot w: th insufficient (Continue on other side) REASON FOR APPEAL Continued I~ STRICT APPLICATION OF THE ORDINANCE would produce practicaldlffi~ltiesorunn~es- sary HARDSHIP because applicant would be required to maintain his existing single-family residence on a parcel of land fronting on two streets with an area of 3.3572 acres or 146,240.00 square feet, an area almost 46% greater than Lhat required under existing zoning for a residential lot. If the area variance is granted, the parcel set-off would have an area of 57,113 square feet with road frontage of 259.31 feet. Residential lots in the surrounding area are substantially less in both frontage and area size. 2 The hardshipcreatedis uNIQUEand isnotshared by oil prooerties alike in the immediate vicinity of this property and in this use district because Not applicable since the variance requested is an area varianQe. 3 The Variance ~vould observe the spirit of the Ordinance and WOULD NOT CHANGE THE C--t ~D~CTER OF THE DISTRICT because the residential character of the area would remain unchanged with or without the set-off requested by the applicant. STATE OF NEW YORK ) ) ss coUNTY OF SUFFOLK ) 'CRON, atto y 4th day of ...............J...~F~.e. ................................ 19 84 Sworn to this ................... Notary Public OWNE~ ~FORMER OWNER LAND IMP. NEW FARM TitJable TiJtabJe Woodland S'~,amPlc~nd House Pbt NORMAL Acre VILLAGE SUB. LOT · ~ N 3'// TOTAL DATE W TYPE OF BUILDING COMM. CB. REMARKS MISC. Mkt, Value BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK J~ORMER OWNER S RL~. ; SEAS VL REMARKS E ACR. LOT CB. MICS. Mkt. Tillable Woodland Meodowland Ho~se Plot roto~ -- - FRONTAGE ON WATER FRONTAGE Ok) ROAD DEPTH BULKHEAD M. BIdg. Extension Extension Porch Porch Breez~woy P-otio ©. Totol 0 ~undotion · Walls e Roof IBoth nterior Finish Heot ]st Floor Rooms 2nd Floor Dinette LR. DR. Ddvev¢oy i __ .--.------ - .... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13~ 198~ GERARD P. GOEHRINGER, CHAIRMAN CHAR LES GRIGON IS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H, SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3257 PROJECT NAME: ALEXANDER STOLI/VLEYER 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 [X] Unlisted [ ] DESCRIPTION OF ACTION: Insuff. area - lot set-off LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Sea Dr.~ S0uthold: NY County Tax Map Parcel #1000-5~-5-#5.8 & #5.9 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 l0 or more feet above mean sea level. (3) Relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. 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 follow~ng~ applications which have been referred to the Suffolk County Planning Comm~ssion~re considered to be a matter for local determination. A decision of local deterWination 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 Gerald G. Newman Chief Planner Southold Town Board of Appeal,, MAIN RE]AD- STATE RE]AD 25 5E]UTHI3LD, L.I., N.Y. 11971 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.: 3257 Applicant: MR. & MRS. ALEXANDER STOLLMEYER Location of Affected Land: S/S of North Sea Dr. & N/S Soundvi~w Ave., County Tax Map Item No.: 1000- 054-05-45.8 & 45.9 (45.7) Within 500 feet of: __ Town or Village Boundary Line xww 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 COMMENTS: Applicant is x~X~x~x~k~xx~ area of set-off~ __ Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. granted approval of insufficient Shd. Copies of Town file and related documents enclosed herewith for your review. Dated: 11/30/84 Temp. Se~etary, Board of Appeals 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 25 SOUTHOLO, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 . November 21, 1984 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 3257 Alexander and Elizabeth Stollmeyer. Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may b~ applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CIIAIRMAN By Linda F. Kowalski Secretary Commission 31 Seward Lane Stony Brook, New York 11790 Ms. Linda Kowalski, Secretary to Zcning Board of Appeals Southold Town Hall Main Road Southold, New York July 1, 1984 Dear Ms. Kowalski: This letter is regarding property of Alexander M. & Elizabeth Stollmeyer in the town of Southold. I have previously spoken to you on the phone about this matter. On June 12, I received a cer- tified letter which is attached, giving us notice that the owners are requesting a variance on their property. We understand they are claiming a hardship. We own the property to the west of $tellmeyer and we are against a variance being granted. As indicated in the petition, the variance is being requested to set off a lot with insufficient area. We are deeply concerned that this lot would then be sold and the new owner would build another house. Considering that Stollmeyer's house and our house are in close proximity to this lot, we are faced with the potential of having three homes located in a confined area. We are against this because it would take away from the aesthetic beauty of the area. If this variance were granted it would set a precedent, and North Sea Drive would have the look of a dense bungalow development as you see in Rockaway. We are aware of Southold's master plan to reduce growth and preserve open spacs, and feel that rejection of this variance would be supportive of that plan. ~uother purpose of this plan is to prevent overloading of the water supply. This potential exists in this case as has been at- tested to by nearby homes on North Sea Drive who have had water problems. In an attempt to more fully understand this problem, we have called Mr. Brigham in Riverhead and will meet with him to discuss the water problem. We will let you know the outcome of this. We would appreciate your considering the above facts before any decision is made. Sincerely, Julia H. and Carl F. Scheuermann 8outhold. N.Y. 11971 (516) 765-1938 August 21, 1984 Mr. Gerard Goehringer Chairman Board of Appeals Southold Town Hall Southold, NY 11971 Re: Stollmeyer located at Southold Dear Mr. Goehringer: The following action was taken by the Planning Board, Monday August 20, 1984. RESOLVED that the Southold Town Planning Board recommend that the Zoning Board of Appeals deny the application of A.M. Stollmeyer due to low area of the lots, since the Planning Board does not think it is a good precedent to set-off lots in low lying areas. It was also noted upon the field inspection that the cottage indicated on the survey was not on the property. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN OLD TOWN PLANNING BOARD_ By Diane M. Scnultze, Secretary BOARD OF APPEALS, TOWN OF SOUTHOLD In Ill,.' Maner o~ the Petition of Al~':<,mdcr ~.& F, 1izabeLh Stollmeyer 1() ff~e Bgard of Appeals of ~he Town of Southold H/\I<Y CAPICi.,i,UTO ')0 Goneso Drive Ihmuml(!k, NY ]].725 ,l(qlH Commack, NY 11725 CAP, L SCIII']UERMANN and wife 31 Seaward I,ano Stony Bl'ook, NY 11790 YOU ARE IIEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER I. Ih,n il is tile intenlion of lhe undersigned to petition the Bo,od of Appeals of tile '1 own of Southold request a ~(Special Exception) (Special Permit} (Other) [ei~'cle cbc±eel 2. Ihat tile property wMch is the subject of the Petition is located adjacent to your property and is des- cribedasflfllows: Southerly side of North Sea Drive 1'742.1'7 feet easterly of Kenney's Road, Southold, NY. lhat Iht' pl'opcrl~, wlfich in Ihe subject ()f such Petition is located ill Ihe followim' /orling district: "A ". R~s:f~!~D_~L~j.~/_AqriculttH'a~ hat by such Petition, the undersigned wiilrequest the following relief: Variance to :~ct-o[[ lot with insufficient area. 5. 1hat th,.' provi':,ions of tile Southold Town Zoning Code applicable to the relief sought hy tile under- siwled are ?~rtzcle III Sect/on 1%-106-1 and Bulk Sahedule h, lhat wilhin five days from tile date hereof, a written Petition requesting the relief specified above will h~'liledin the buulhold Town Clerk's Office ,it Main Road Southold, New York and youma¥ then and there examine rtl,,.' same during regular office hours, (516) 7~5-1809. . 7. rh,u before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing'must be published at least fNe 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: June 4, 1984 RICHARD J. CRON, as Attorney for Petitioner A.M.& E.F. Stollmeyer Post Office Address Main Road Cutchoguer NY 11935 Southold, N.Y. 11971 (516) 765-1938 June 26, 1984 Mr. Richard Cron Attorney at Law Main Road Cutchogue, NY 11935 Re: Stollmeyer located at Southold Dear Mr. Cron; Please let this confirm the request of the Planning Board with regard to the above mentioned subdivision at the regular meeting, June 25, 1984. The Planning Board requests that you submit twelve (12) maps indicating the land owned by Stollmeyer only. The Board intends to make a field inspection of this site. If you have any questions, this office. cc: Board of Appeals please don't hesitate to contact Very truly yours, BENNETT ORLOWSKI,JR., CHAIRMAN THOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 26, 1984 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 3257 A.M. and E.F. Stollmeyer Dear Mr. Cron: The following action was taken by the Board of Appeals at its Regular Meeting held last Thursday, June 21, 1984 in the above matter: RESOLVED, that Appeal No. 3257, application for A.M. and E.F~ .Stollmeyer, for permission to set off lot contai'ning insufficient area in this proposed subdivision, be held in ABEYANCE pending an application to and receipt of comments or action from the Planning Board. Please keep us advised regarding developments. Yours very truly, CC: Planning Board Building Inspector GERARD P. GOEHRINGER C~]RMAN Legal Nol ces' NOTICE IS HEREBY ~IVEN, pursuant to Sccti~ 2~7 ~ ~e To~ ~w ~d ~ ~ of ~e ~ C~e of ~ To~ ~ ~H ~ held at ~e ~u~oM, NY by ~e ~u~d T~ ~ ~ Ap~ at a ~ M~ on TH~DAY, . NO~ i~ 1~, ~m- ~ at 7:30 p.m. ~d ~ fol- 31, B~ ~h~ule, (AI~) for a~ p~v~ of ~ent ~a of a of l~d iden~fi~ ~ Co~ T~ on ~e ~u~ Side of No~ ~ ~ve ~d ~e No~ ~ of 7:35 p.m. Application for JOHN WICKHAM, Main Road, Cutchotme, NY (by A. Wicldmm, Esq.) for a Variance to Amend Conditions 3, 7 and 3 of the 6/28/ 84 decision rendered under AP. peal No. 3222 and Article VI, Section 100-60 in a prop~al to establish business office for marin~ c~ntracting with accns- sory use for storage end repair of contractor's own vehicles and eqnipment~ at 87578 Main Road, Oreeaport~ NY; County Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMES AND BEULAH RIC- ~ Conklin Road, Mat. tituck, NY (by G; Olsen, Esq.) for a Variance to the Zoning Ordi- nance, Articles I and I~, section 100-31, (Al06) for approval of in- sufficient area and width of two propo~d parcels in this division of land located on the West Side of C~nklln Road (Grant Boulevard), Mattituck, NY; Co~mt~ Tax Map Parcel No, 1~00-t~113-19 end 30 (30.1). ' ?:r~ p,m. Application for · JOSEPH A.*,WANAT, cJo A. wicktmm, Esq,, _Main Road, Mat- tit~,~, NY for a ~'anance to the Zonin~ Ol~i.nAq~e, Article IH, Scction 100-31, 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 Par- cel No. 1000-112-01-016. 8:05 p.m. Application for AN- TONE AND JEAN 16045 Main Road, Mattituck, NY for a Vat. rice to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for ap- proval of insUfficient area and width of two parcels in this prop- osed division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Paresl No. 1000-115.04-009. 8:10 p.n~ Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY for a Vari- ance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval ofinsuffi- cient area (and width) of two par- cels in this propozed division of land located along Cedar Point Drive East, Bouthold; Cedar Beach Park Filed l~ap Lots 82, 83. 94; County Tax Map Paresl No. 1000-90-03-18. 8:15 p.m. Application of MARIE J. PA'i'rER~ON, 12 Turnwoad Ct., Rempatoad, NY 11550 for a Variance ~o the Zon- ing O~dinance, Article IH, Sec- tion 100-31, Bulk Schedule, for approval ofinmifficient area (and width) 0ftwo parcels in this prop- osad division of land [ocatod the South Side of Peconic Bay Boulevard,'Laurel, NY; County Tax Map parcel No. 1000-128- 02-17. 8:20 p,m. Application of SODTIII~,ND CORP., c7o W. Esseks, Esq., Box 279, Riverhead. NY for a Variance to the Zoning Ordinance, m con- cient side yard at South Side Main Road, Southold (7-11 Store), 1000-62-3-37. 8:25 p.m., Agplicatlon for ROBERT DeTYREY by P. Mul- ler, MeetinghOuse Lane, South- ampton, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct addition to dwelling with insufficient sideyarde; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-1(1 & 11. 8:35 p.m. Application for COL- GATE DESIGN CORP., cio W. Essekz, ESq., Box 279, Riverbead, NY for a Variance to the Zoning OrdinAnce ~o con- sU~ct building with an insuffi. . cie~t side yard; North Side Main Road, Cutchogue (7-11); 1000- 102-05-24. Persons desiring ~o appear at the hearing may do ~o. Com. munications in writing in mia-. tion therato may be ~ed with .our office before or at this hear- Dated: November 2, '1984. BY ORDER OF BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TN8-4699 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, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meting on THURSDAY~ NO- VEMBER 15~ 1984, commenc- ing at 7:30 p.m. and as 0 p.m. Application for NDER AND ELIZA- BETH ~, by R. Cron Esq., Main Road, Cut- chogue, 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 d$.9 (45.7), and located on the South Side of North Sea. Drive and the North Side of Soundview Avenue, ;outhold, 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 estab7'~v lish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052- 05-058. 7:45 ptm. Application for JAMES AND BEULAH RICK- ETrS; Conklin Road, Matti- tuck, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, Articles I and 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 Boule-~l, yard, 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, Mat~ituck, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, 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; ~?_u_nt_y_ _Tax__.__Ma._p_, Pa r cel.. No. COUNTY OF SUFFOLK ss: STATE OF NE'W YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... .: ............ weeks successively, commoncing on the .................................... day ......... , 1 Sworn to before me this ................................ day of ......... ......... , Notary Public E'A RBARA FORBES No. 4806846 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. Stollmeyer Abigail A. Wickham, Esq. for: Mr. John Wickham and Mr. Joseph Gary Flanner Olsen, Esq. for Mr. and Mrs. James Ricketts Mr. and Mrs. Antone Mileska, Main Road, Mattituck, NY 11952 Rudolph H. Bruer, Esq. for Winds Way Bu.i.l.ding Corp. Mrs. Marie J. Patterson, 12 Turnwood Ct., Hempstead, NY 11550 William W. Esseks, Esq. for: Mr. Peter Paul Muller for Mr. Supervisor Town Board Members Building Inspectors Town Clerk Bulletin Board ZBA Members Individual ZBA files Suffolk Times L.I. Traveler Wanat Colgate Design Corp. and Southland Corp. Robert DeTrey JUDITtt T. TERRY TOWN CLERK REGISTRAROI VITAl. SI ~,IISFICS 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 June 11, 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning .Appeal No. 3257 of Alexander M. & Elizabeth F. _Stollmeyer 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. Southold Town CIo~( TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~,-~ ~ 7 DATE ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. RICHARD J. CRON, as attorney for I, (W4) ALK~RD~XR..~^&...~I~.%~A~.TK..F. ......... of ................. ..~..a...%.n.....g.o...a.~ ..................................... · ' Name of Appella,nt STOLLMEYER Street and Number Cutchogue NY ......................................................................................................................... HEREDY 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 ( ) ALEXANDER M. & ELIZABETH F. STOLLMEYER Name of Applicant for permit of. Soundview Avenue, Southold, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY North Sea Drive - "A" Residen/Agric. / ~ 'i ? ~ ,_~ / .,/ Street and Hamlet Zone Described premises OWNER(S). A.M.& E.F. Stollme~er Mop No. Lot No. 1959 - 1963 DATE PURCHASED: ..................... 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section Al06-1 and Bulk Schedule 3 TYPE OF APPEAL Appeal is made herewith for ' (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]¢]0X) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to set-off a lot with insufficient area pursuant to §A106-1 of the Zoning Ordinance. Fo,Tn ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ 0~'unneces- sory HARDSHIP because applicant would be required to maintain his existing single-family residence on a parcel of land fronting on two streets with an area of 3.3572 acres or 146,240.00 square feet, an area almost 46% greater than that required under existing zoning for a residential lot. If the area variance is granted, the parcel set-off would have an area of 57,113 square feet with road frontage of 259.31 feet.' Residential lots in the surrounding area are substantially less in both frontage and area size. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vfclnity of this property and in this use district because Not applicable since the variance requested is an area variance. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the residential character of the area would remain unchanged with or without the set-off requested ~y the applicant. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss Sworn to this ............. .4...t.h. .......................... day of .............. J.g. rLe ................................. 19 84 Notary Public EDNA ~, HOUSTON BOTARy PUBLIC, Stste ef Hew 'fork #o, 524634478 0tllllf]ed Iff ~uffolk Count'/ O/ ~,ommlsslon Expires Match 30, 19..~~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of Alexander M.& Elizabeth ~Stollmeyer to the Board of Appeals of the/own of Southold TO: MARY CAPELLUT0 90 Genese Drive Commack, NY 11725 JOHN CAPELLUTO 90 Genese Drive Commack, NY 11725 CARL SCHEUERMANN and wife 31 Seaward Lane Stony Brook, NY 11790 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(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 as follows: Southerlv side of North Sea Drive 1742.17 feet easterly of Kenney's Road, Southold, NY. 3. That the property which is the subiect of such Petition is located in the following zoning district: "A" Residential/Aqricultural 4. That by such Petition, the undersigned will request the following relief: Variance to set-off lot with insufficient area. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section A-106-1 and Bulk Schedule 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 4, 1984 RICHARD J. CRON, as Attorney for Petitioner A.M.& E.F. Stollmeyer. Post Office Address Main Road Cutchoquer NY 11935 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED~A!L RECEIPTS Mary Capelluto John Capelluto Mr. & Mrs. Carl Scheuermann 31 90 Genese Drive, 89 Genese Drive, Seaward Lane, Stony Brook, .s*~:0t,-~96~-'O'd'O'S'r~ ~961- 'qed 'O09g w JO.4 Commack, NY 11725 Commack, NY 11725 NY 11790 STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: Edna M. Houston residingat Aquebogue, New York , being duly sworn, deposes and says that on the 1 lth day of ,Tune ,1984 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the abovemamed 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 $outhold; that said Notices were mailed at the United States Post Of- fice at Cutcho~ue, New York ; that said Notices were mailed to each of said persons by (certified) ke~ter~d:) mail. Sworn to before me this llth day of ~ _~ .1984 ~ RICHARD J. CRON ~ NOTARY PUBLIC Store of New y suffo,k · SJon ~,res Mo~ 30, l~ The N.¥.$. Environmental Quality Rev ew Act requires sub- ~isston of thisd~orm, and an environmentald~eview will be made by this bd~d before any action is ta~Wn. SHORT ~NVIRONM~NT~L ASSESSM~,~T FOP94 (a) In order to answer the questions in this short EAF is is assumed that the preparer wni use currently available info~atlon conce~ning the projec% and the l~aly ~cts of the action. I~ is not e~ec~ed t~t additional s~udias~ research or o~her ~nves~lga~lons w~l be ~der~aken. {b) If any question has been answered Yes the proJec~ ~y be si~ifica~ and a ccmple~ed Enviro~en~al Assessmen% Fo~ is nec~ssar/. (c) If all questions have been answered No l~ ~s l~ely =~= ~his projec~ (d) F~viror~ental Assessment 1. W~I projec~ res~ in a large physical c~nge to %he proJec~ si~e or physioally al~er more =~n 10 acres of land? ~ . . ~ . . . · · · Yes . 2. Will ~here be a ~Jor change ~o any ~ique or unusual land fo~ fo~d on ~he si~e? · .. Yes 3. W~l project alter or have a large effect on an existing body of wa~er? . ~ . ~ . ~ · ... Yes ~ No &. W~I proJsz= have a po%en~ially large ~ on ~o,~d~ter quality? · · . , · · . · · Yes ~ No ~, W~i projec~ si~ifican~ly effec: drayage ~ on adjacent sites? · · , , , , , · * Yes ~ 6. Will project affect any t~ea~eued or endangered plan% or anal species? ~ ~ ~ ~ · ~ , · Yes ~ No ~. W~l pro,oct reset tn a major adverse effect on air quality? ~ ..... · ~ · Yes 8. W~I proJec~ have a major effec~ on visual c~ actor of =he co=unl~y or scenic views or vistas kno~ ~o be ~por~an= ~o the co~unl%y~ · . · .. Yes ~ No 9. Will project adversely ~pac~ any site or ute of historic, pre-~istoric, or paleontological importance or any site desX~a~ed as a enviro~en~l area ~y a Iooal agency? · · · . Yes ~ No 10. W~i project have a ~Jor effect on exist~g or future recreational opport~ities? · · , Yes .~ 11. Will project result In ~Jor trafflc problems or cause a major effec~ to existing transports=ion 12. Will project reg~arly cause objectionable noise, glare, vi~rat!on, or electrical dis%ur~ anco as a reset of the project*:; operation? . Yes ~ No 13. Will project have an~ impact on public health or safety? ......... · · . Yes ~ ~o 1~. Will project Affect uhe existing co,unity by directly causing a ~rowth in permanent pop.a- period o~ have a major negative eB~ec~ on the character of the com. mufliuy or neighborhood?.... Yea 15. Is there publ~~3~the projec:~ ... Yes ~ 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., 5tony Brook, NY 11794, Itel. 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 5tony 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.Ao application. [ ] I. [ ] 3. [ ] q. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheadin9 Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfror,t or wetlands area May be located within 300' of waterfront or wetlands area; however° the following structure separates h3y property from this environmental [ ] 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/waterfront area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photograpils of tile project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this 5tare Law and to prevent any unnecessary delays in processing your application(s). 10/831k SEE SEC. NO 130 / / MAP OF LC, NO A. M. ,~TOLLME¥£P--.. ~ Li~' F'OL ~ COLIN'r"¢ ~ ® P~2CEL~ 1~J~E ~E-.l~ OFF ~AP OF.P2OPOSED SET-OFF ~A.D E. FO,P_. i'.4EAI~ SOUTNOLD TOW~'q OF 50UTHOLD