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Home My WebLink About3261yariMnc~e area & W~dtbJaccess ACTION DATE: 7/26/84 AA Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 326] Application Dated June 20, ]984 (Public Hearing July 26, ]984) TO: Charles R. Cuddy, Esq. as Attorney [Appellant(s)] for JOHN SIMICICH 108 East Main Street Riverhead, NY 11901, At a Meeting of the Zoning Board of Appeals held on July 26, 1984, 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 [ IX] Article Request Article , Section for Variance to the Zoning Ordinance III, Section ]00-3] [ ] RequeSt for Upon application of JOHN SIMICICH, by Charles R. Cuddy, Esq., 108 East Main Street,. Riverhead, NY for Variances to: (a) the Zoning Ordi- nance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivi- sion, (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. The board made the following findings and determination: By this appeal, applicant seeks: (a) a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of Parcel 28 of 72,797 sq. ft. in area and lll.O feet in lot width along "Camp Mineola Road," leaving Parcel 2A of.81,691 sq. ft. and 229.07 lot width; and (b) a Variance pursuant to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road a length of approximately , 430 feet and a legal'width of 25 feet. Having personally examined the premises and the right-of-way in question, the board members agree with the reasoning of the applicant in that'many of the parcels in the area mr~ substantially smaller than that proposed by this application and that the relief requested is not substantial since the parcel meets 90% of the required lot area and approximately 65% of the lot width of the zoning ordinance. For the record it is noted that Parcel 28 is vacant, and Parcel 2A contains a one-family, 1½-story framed dwelling, accessory storage garage which will be set back 30 feet from the division line proposed, and two small accessory shed buildings. A 12½-foot strip is shown on the survey map as amended April 24, 1984 for reservation "for possible future construction of a Town highway." The right-of-way in question has an excellent macadam surface for a minimum width of 15 feet and is very satisfactory for accessibility by emergency and other vehicles. For the record it is also noted that the property in question has been the subject of a prior Appeal, No. 2112 for the applicant herein, which granted a Conditional Approval of Access on April 29, 1976. (CONTINUED ON PAGE TWO) DATED: August 14, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOhTN ZONING BOARD OF APPEALS Page 2 Appeal No. 3261 Matter of JOHN SIMICICH Decision Rendered July 26, 1984 Additionally, this project has been unfavorably acted upon by the Planning Board at its May 21, 1984 meeting, due to insufficient area. In considering this appeal, the board has determined: (a) that the relief requested is not substantial in relation of the zoning requirements (10%); (b) that by granting of the relief requested, the character of the neighborhood will not be adversely affected or changed; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) no adverse effects will be produced on available governmental facilities if the variance is allowed; (e) that the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3261, application for JOHN SIMICICH for approval of access and for approval of lot area of 72,797 sq. ft. and lot width of lll.O feet, BE AND HEREBY IS APPROVED AS APPLIED. Location of Property: West Side of "Camp Mineola Road," Mattituck, NY; County Tax Map Parcel No. 1000-122-05,3.3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. GERARD P. GOEHRINGER, IRMAN August 14, 1984 AND FILED BY $OUTtiOLD TOWN CI.ERK ~_~ ~~ *~ (./ Town Clerk, Town of Southold ( 'zONING BOARD OF APPEAL~ TOWN HALL MAIN ROAD - S.R. 25 SOUTHOLD, N.Y..119Z3, 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 matters will be held for Public Hearings by the Southold Town Board of Appeals to be held on THURSDAY, JULY 26, 1984 commencing at 7:30 p.m., at the Southold Town Hall, Main Road, Southold, NY, and as follows: 7:35 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-1-15.1 (15). ~ 7:40 p.m. Application of JOH~N SIMICIC~H, by Charles R. , Cuddy, Esq., 108 East Main Street, Riverhead, NY for Variances to- (a) the Zoning Ordinance, Article III, Section 100-31, Bulk ~ Schedule, for approval of insufficient area and width of parcel ~,~ in this proposed two-lot subdivision (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola ROad" extending northerly from Kraus~Road. Location of Property: West Side of Camp Mineola Road, Mattituck; ~k,_County Tax Map Parcel No. 1000-122-05-3.3. ' 7:45 p.m. Application of JOSEPH A. WANAT, by A. A. Wick- ham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, 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; County Tax Map Parcel No. 1000-112-01-016. 3:50 p.m. Recessed Hearing: HENRY P. SMITH. Variance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of Peconic Lane, Peconic. 1000-74-5-2 and 3 (9.2). 7:55 p.m. Application of JOHN GIANNARIS AND OTHERS, by D~, Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0~ll2(H) for permission .. easterly to use aajacen[/premlses of the Village of Greenport of .765 acreage for parking accessory to the snack bar use existing on the parcel presently owned by the applicants also located at the north side of Main Road, East Marion; County Tax Map Parcel No..1000-35-2-14 and No. 1000-35-2-15.1; see Site Plan revised 5/4/84 and 5/30/84. P~ge 2 of 2 'Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 26, 1984 8:00 p.m. Application of VINCENT GRIFFO, by I.L. Price, Esq. 828 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to construct tennis court and pavillion, both accessory to a proposed one-family dwelling and both accessory buildings to be located in an area other than the required rearyard, at premises known as 3765 Robinson Road (West Side of Bridge or Briar Lane), Paradise Point Subdivision Lot 12 and part of parcel known as County Tax Map 1000-81-1-16.1. 8:05 p.m. Application of NICHOLAS ALIANO, 3800 Duck Pond Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B)[1](b), Article V, Section 100-50(B)[4], for permission to establish and build four two-story motel buildings containing 10 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel located on the South Side of Main Road, Greenport, NY. Zoning District: B-Light Business. County Tax Map Parcel No. 1000-46-01-002.1. 8:10 p.m. Application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with reduction of frontyard setback from Cedar ~oint Drive East. 'Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Point Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-014. 8:35 p.m. Recessed Hearing: ARTHUR R. TRUCKENBRODT, et al for a reversal of interpretation of Building Inspector concerning property of D.I. Abbott and J.T. Swanson, Private Road No. 7 (a/k/a Diedericks Road), Orient; 1000-18-03-005. Those desiring to be heard may do so in person, in writing, or by attorney or other representative. For additional information, please contact our office, 765-1809 (or 1802). Dated: July 3, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish Thursday, July 19, 1984, and' forward nine affidavits of publication on or before July 24th to Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that,your application dated .. ,~J. ~. ]..~. .......... 19 .~..q.. for,~ct .~~...'~. ~...~.. ~.~. ~..'..0~.. ..................... at .c**~ i~..'~....,,~. ,,.~, ...... .~.a~. Location of Property/t&~s~ )do] ....... st/e~i ' ' Ham]et County Tax Map No. 1000 Section ... I..~.~. ..... Block .... 3: ....... Lot ...~.'..~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~...' .~...]~.. ~ e~. ]. ,S~,: .$! ~ ~.~:.~. ~. ~,.. ~ ~.. ~¢~.~..~.~..~ Building Inspector RV 1/~O TOWN OF SOUTHOLD, NEW YORK APPEAL F{~Oo~M~C.~OF BUILDING INSPECTOR ^PP.,, ,o. DATE ....J.~,~ ............ 1.984 TO THE ZONING BOARD OF APPEALS. TOWN Of SOUTHOLD. N. Y. ~, (we) ......... .4.0.~.t..s.~Lc.~.c..~ ........................ of .....c.~£...~..n..e,.°,.La....?..a.~;....~J~..t..t..~.~..c.~..:..~'Y' Name of Appellant Street and Number ........... .(.~.{.~...t..t..~.t.~.c..~.). ................................................................ ..N...e..w....?...°.~..~..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~qSPECTOR ON APPLICATION DATED: FO R: WHEREBY.THE BUILDING INSPECTOR DENIED TO ( ) ......... . .3_0. ~., .N.,, .S. ! .M. ! .C_ .I. ~.H_ ........................................ Name of Applicant for permit of Camp Mineola Road, Mattituck, New York 11952 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ) PERMLT TO BUILD l. LOCATION OF THE PROPERTY Camp Mineola Road, Mattituck, New York Street and Hamlet Zone District: 1000 Section: 122, Block 5 Lot 3.3 OWNER(S): .Joha.$imi¢i~ .......... /~Xl~X Lot No. DATE PURCHASED: . .S..e.p.t.e.m..b.e.r..2.?:..1.9.73 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by nu0nber. Do not quote the Ordinance.) Article III, Section 100-31 paragraph c. 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 Chop. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (bee.) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ,~ (x) 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 ,srequestedforthereasonthat we would like to divide the existing property by retaining the existing residential unit while building a dwelling upon the adjacent parcel. The lot thus created is of insufficient area (~2,797 square feet) and width. Form (Continue on other side) ' ~'~ .' A~SON FOR APPEAL Continued . !~ I. STR..ICT APPLICATION OF THE OR?INANCE would produce practical difficulties or unn~cm- sory HARDSHIP b~couse the applzcant would be required to retain one parcel / SO%hHiAc~ is 154,0.00 square fe. et whereas the .division of the parcel~' / would result in a parcel zn excess of 80,000 square feet and another / which is 90"/° of the required area.. The two parcels have a signi~ ficantly higher value, as divided, and to cause then .to be retained as one parcel when the surrounding parcels are one acre or less is a hardship upon the applicant. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immedi6te vicinity of this prope~y and in this use district because substantially all of the properties within the neighborhood are lots of less than two (2) acres. 3 The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because substantially all of the properties within the neighborhood are lots of less than two lots within the proximity to the proposed .lots, as d~v~ded, are the same siz~ as or smaller then the proposed lots would be~ STATE OF NEW YORK ) %F_ /~/,. /~4Yj.,.,j///~ COUNTY OF Suffolk) Sworn to this ............... /..1~'. ......................... day of ................. $.~1~ .............................. 19 84 Notary Public -v~z:~--~..~ TOWN OF SOUTHOLD pROpERTY RECORD CARD I/O°°OWNER STREET VILLAGE DIST. SUB. ,~4,v ~/~;~J~,,, 1i- v ~,,~ I '~' '':~ '"~' J S · ~ W , ~PE OF BUILDING :~ ~ JSEAS JVL JFA~M - ~t~ ' ' ~ND IMP TOTAL i DATE ' I I , BUILDING CONDITION ND,,V NORMAL BELOW FARM JTiIlable I !Tillable 2 ffillable 3 Voodland j.Swampland Brushiand House Plot Total Acre ABOVE J Value Value Per Acre j I FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH 3ULKHEAD DOCK Extension Jr F i I~(l~, '- '~ ~ /0(4 Extension Extension Porch Porch Breezeway ,Foundation ~asement Bath i xt. Wails D fT~; A' (. Interior Finish ~Jre Place j.~ ~jE ~ Heat ype Roof [ Rooms 1st Flor ecre~tion Room ~ooms 2nd Floor ~rivewoy Dinette LR. JFIN. Bm Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN September 12, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Southold Equities, Inc. John Simicich 3256 3261 Very truly yours,' Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VIKTKR &NS MI[MORI AL HIGHWAY · HAUPPAUG[. L,. I.. NEW YONK · 11788 Southold Town Board of Appeals MAIN ROAD- ~:TATE ROAD 25 S0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E. Q . R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance July I0, I984 APPEAL NO.: 326~ .......... PROJECT NAME: JOHN SIMICICH 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: Insufficient area & width variance, and request for updated approval of access. LOCATION OF PROJECT: Town of Southold, Count~ of Suffolk, more particularly known as. W/S Camp Mineola Rd., Mattituck, STY; County Tax Map Parcel No. I~00-I22-5'3,3. 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 j~lanned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental Pre~. (3) T · ' he property in question is ~t ~n elevation of I0 or more feet above mean sea level. FOR ~0RTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals MAIN ROAD- ESTATE ROAD 25 SOUTHOLD, L.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Southold Town Planning Board FROM: Jerry Goehringer, Board of Appeals DATE: August 15, 1984 SUBJECT: Actions Involving Planning Board Rendered by Z.B.A. August 14, 1984 ZBA Special Meeting July 26, 1984 ZBA Regular Meeting This letter will confirm that the following matters have been approved as noted below by the Board of Appeals at its recent meetings: Southold Equities, Inc. Appeal No. 3256 - Approved 8/14/84 two lots in this Business District as applied and subject to the following conditions: (1) No further front, side, and/or rear yard setback reductions which do not comply with the zoning code- bulk schedule, and (2) No further division or set-off of either parcel. arSeaYOU are aware, John Simicich, Appeal No. and width and 280-A, has been approved 3261 for insufficient as applied on 7/26/84. Also, Patrick Carrig, Appeal No. 3246, was given conditional approval on 7/3/84, a copy of which was supplied for your file. Other matters September 13, you advised. which are pending with your office are on our 1984 agenda for public hearings and we will keep Southold Town Board o£ Appeals MAIN ROAD' ~TATE RrlAD 2-'5 6DUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 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: Variance from the zoning Code, Article III , Section ~00-3~ x~ Variance from Determination of Southold Town "' Building inspector Special Exception, Article , Section Special Permit 326~ Applicant: JOH~ SIMICICH W/S Camp Mineola Rd., Mattituck Appeal No.: Location of Affected Land: County Tax Map Item No.: 1000-~22-05-3-3- within 500 feet of: Town or Village Boundary Line xx . Body of Water (Bay, Sound or Estuary) State or county Road, Parkway, Highway, Thruway Boundary of Existing or Proposed county, State or Federally- ..... Owned Land Boundary of Existing or proposed County, State or Federal Park .... or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage '- Channel Owned by the County or for Which The county Has Estab- lished Channel Lines, or within One Mile of a Nuclear Power Plant -- within One Mil%a%fgAIn Airport. ........ o. ~licant ~permission to have approval of lnsuff. area & width of arcel in vn~ ~ of access over a ~ Copies of review. Dated: August d5, ~984 Town file and related documentS enclosed herewith for your lapp Southold Town Board o eals MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 14, 1984 Charles R. Cuddy, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3261 John Simicich Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may bp applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary ~ Southold Town Board Appeals -7- July 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3261. Upon application of JOHN ~]~_!CH, by Charles R. Cuddy, Esq., 108 East Main Street, Riverhead, NY for Variances to: (a) the Zoning Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivision, (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. The Chairman opened the hearing at 7:46 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map indicating this property and the surrounding area, and a copy of a survey indicating Parcel 2A which has an existing dwelling and which I assume is the applicant's property of 81,691 sq. ft., and the parcel in question to be divided'(set-off), 2B of 72,797 sq. ft. with road frontage on Camp Mineola Road approximately lll feet. Mr. Cuddy, would you like to be heard in behalf of your application? CHARLES R. CUDDY, ESQ.: Charles Cuddy. I appear on behalf of the applicant. As indicated by the survey before the board, this is 96% the area that you require if we divide this parcel into two lots. The application also in addition to frontage, the applicant seeks a 280A variance because we're on a private road. That road is Camp Mineola Road 25' in width. Mr. Simicich now goes to his residence over that road. It's improved to a degree, and certainly the applicant and the new owner of the property, the person whom it is to be sold, can use the same road. This area, and I take it that the Tax Map that you have is part of the record, is that correct, Mr. Chairman? Chairman nodded affirmatively. MR. CUDDY; This area is basically one acre lots, some of them are smaller, there are a few perhaps below one acre. But certainly the character of the area will not be changed in any sense of the granting of this application, therefore, we ask that the board approve the application as submitted. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None) Mr. Cuddy, we had a physical inspection of this property last week; upon doing that inspection, I'll be honest with you, it's probably one of the rights-of-way that we felt no improvements have to be made. It appears that at one time it was probably a blacktopped right-of-way, appears to be fairly well blacktopped even though there are areas of it that probably could use resurfacing. It probably exceeds the stan- dards that we require for private roads at this time. Any approval of this board would indicate that the right-of-way would have to be kept in somewhat of a similar fashion, which I would assume both neighbors would want to do anyway. So bearing that in mind, I'll make a motion '- Southold Town Board ppeals -8- July 26, Regular Meeting (Appeal No. 3261 - JOHN SIMICICH, continued:) approving this as applied for. MEMBER GRIGONIS: Second. The board made the following findings and determination: By this appeal, applicant seeks: (a) a Variance to the Zoning Ordinance, Article III, Section lO0-31, for approval of Pm cel 2B of 72,797 sq. ft. in area and lll.O feet in lot width along "Camp Mineola Road," leaving Parcel 2A of 81,691 sq. ft. and 229.07 lot width; and (b) a Variance pursuant to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road a length of approximately 430 feet and a legal width of 25 feet. Having personally examined the premises and the right-of-way in question, the board members agree with the reasoning of the applicant in that many of the parcels in the area of substantially smaller than that proposed by this application and that the relief requested is not substantial since the parcel meets 90% of the required lot area and approximately 65% of the lot width of the zoning ordinance. For the record it is noted that Parcel 2B is vacant, and Parcel 2A contains a one-family, 1½-story framed dwelling, accessory storage garage which will be set back 30 feet from the division line proposed, and two small accessory shed buildings. A 12½-foot strip is shown on the survey map as amended April 24, 1984 for reservation "for possible future construction of a Town highway." The right-of-way in question has an excellent macadam surface for a minimum width of 15 feet and is very satisfactory for accessibility by emergency and other vehicles. For the record it is also noted that the property in question has been the subject of a prior Appeal, No. 2112 for the applicant herein, which granted a Conditional Approval of Access on April 29, 1976. Additionally, this project has been unfavorably acted upon by the Planning Board at its May 21, 1984 meeting, due to insufficient area. In considering this appeal, the board has determined: (a) that the relief requested is not substantial in relation of the zoning requirements (10%); (b) that by granting of the relief requested, the character of the neighborhood will not be adversely affected or changed; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) no adverse effects will be produced on available governmental facilities if the variance is allowed; (e) that the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Southold Town Board ~ppeals -9- July 26, (Appeal No. 3261 - JO~N SIMICICH, continued:) Regular Meeting RESOLVED, that Appeal No. 3261, application for JOHN SIMICICH for approval of access and for approval of lot area of 72,797 sq. ft. and lot width of 111.0 feet, BE AND HEREBY IS APPROVED AS APPLIED. Location of Property: West Side of "Camp Mineola Road," Mattituck, NY; County 'Fax Map Parcel No. 1000-122-05-3.3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PUBLIC HEARING: Appeal No. 3217. Application of JOSEPH WANAT, by A.A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located at the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-01-016. The Chairman opened the hearing at 7:50 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map and map showing the two other lots applicant is referring to, along with his farm. I have a copy of the dated map from Young & Young updated on November 28, 1983. The parcel indicated is approximately 150.23 feet by 323.64 feet, irregularly. Is there somebody that would like to be heard in behalf of this application? (No one appeared). Anybody like to speak against the application? MARK McDONALD: I don't really want to speak against it but I do want to say there are some things that have concern to me. My name is Mark McDonald and I and Pat Carrig are the present owners of the Maim--I'm sure you know, you just had a 280A on that. This action, on his part, I guess, will require a 280A; and we would like to be assured that he be co-responsible for the right-of-way for the full length of the road with ourselves. We don't feel that we should have to bear the whole burden if he's going to use the road at the same time. I just wanted to make that point. I noticed in our copy of the final resolution from this board that it specified that you're anticipating this action by him, and I assume you're aware of it. But I wanted to come down and make sure that you are aware of it. That's all I have to say. MR. CHAIRMAN: Mr. McDonald. I did receive a letter from Miss Wickham, and she asked us for an extension because of the vacation that she had planned, and she's unable to make it tonight. But I assume, I have not spoken to the board members about this, b~t we ZONING BOARD OF APPEALS TOWN HAIL MAIN ROAD-S.R.25 SOUTHOLD, N.Y. 11971 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Cede of the Town of Southold, the following matters will be held for Public Hearings by the Southold Town Board of Ap- peals to be held on THURS- DAYt JULY 26t, 1984 c0m- mancing at ?:309~m., at the Southold Town Hall, Main Road, Southold, N~Y. and as follows: 7:35 p.m. Application of SOUTHOLD EQUITIES~ INC.t 195 Youngs Avenue, So~thold, NY for'a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area of two pro- po~ed lots which contain exist- ing buildings, the northerly lot having frontage along Trs~veler Street, and the southerly lot having frontage along Main Read, in the Hamlet of South- old; County Tax Map Parcel No. 1000-061-1-15.1 (15). 7:40 p.m. Application of~ JOHN SIMICICH. by Charles R. Cuddy, ESq., 108 East Main Street, Riverhead, NY for a Variances to (a) the Zoning Ordinance, Article m, Section 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this pro- posed two-lot subdivision. (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Read. Location of Property: West Side of Camp '~Mineol$c R~mt, "~/Ma~tuek; COumy. T~x~Clap parcel .1000.122-05-3.3. 7:45 p.m. Application of JOSEPH A. WANAT, by A.A. Wickham, Esq., Main Road, Mattitack, NY for a Variance to the Zoning Ordinance, Ar- ticle HI, Section 100-31, Bulk Schedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 7:50 p.m. Recessed Hear- inl~: HENRY P. SMITH. Var- lance for approval of two parcels with insufficient area and width in this B-1 Business Zoning District, West Side of COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ....................... ../.. ............. weeks successively, commencing on the ............... ; ............. ....... day of ................. ~.- ..~. ...................... 19.,..,.Y.. /~ i, ..'-~. , ~ (/ , ~ \ ~. '~ .... ,~! ........................................... .~ .......... Sworn to before me this ................................ day of 19...~ Notary Public BARBARA FORBES Not~r~ Public, State of New York No. 4806846 Qualified in Suffolk County Commias*on Expires March ~, 19 O~ Legal pro · (b) New --NOTICE IS HEREBY GIVEN, pursuapt to Section Provisions=of the Amended 3 the following matters wm held for PuSlie Hearing~ the Southold Town Benr~ Appeals to be held THURSDAY, JULY 2~, 1984 ./ COmmencing at ?:30 p m4 at: Road, Southold, NY, and as'- to the ~' renews: - ' - - - ' Article HI, :35 p.m.'~AppHeafi~On of ;~/' .Bu~Scl~J~e SOUTHOLD EQU{TI, ES; ~'(~ - b~ufficJeflt W~ INC., 195 Young$ ~i,9~nu%~- beset-offloca So~thol.d, NY fora Va~neetb ?. · rigt~-of-W~iy · vtt~Zon~gO~"~ce~ ArUele' of Berg~AVe , Secti°n 100-71 for~ County Tax Map approval of insufficient a~ea . 1000-112-01-016. ~ ~ ,:. - of two prop~ed lots which 7:~0 p.m.. Recessed norme~-ly lot having frontage: ' varlanoa for?pprova! of two ~long Tt'awler Street, and the ~, par~.ls with in~:~ficient area southerly lot having frontame '- and w~dtb in this B-1 l~iness along Main Road, in t~e' ~Zo '.~DisL~ct,'West Side of Hamlet of Southold; County ' Pecbmc Lane, Pecor~c~' Tax Map Parcel No. 1000-061- 74-5-2 and3 (9.2). 1-15A (15L 7:55 p.m. Application of' laaVL 7:40 p.m. Application of~ JOHN G1ANNARIS AND OHN SIMICICH, by Charle~ O~THERS, by D. Kape]l, 400 Cuddy, Esq., l~ Fast Ma~n e'roni Street, Greenpart, NY- treat, Riverhead, NY for · for a Variance to the Zoning ariances to (a) the Zoning O~{r~:e, ArUcle XI, Sec~on nce, AriicleHI, Section 100-112(H) for permission to 00-31, Bulk Schedule, for use adjacent easterly pproval of insufficient area/ premises of the Village of nd width of parcel in this~ G~eenport of .~65 accoage for parkius to [he ~n Iocaled at the located on the South Side of I~,D 0FAPP~ tng District: B-Light ~'~'~' ~ CHAIR Business. County Tax Map ITJylg-46~ ..n?t~. side ~ Mata Roed, East Marion[ Uounty Tax Map' P~No.I~I~.i. P~'I~2-14~dNo. 8:~0 p.m. Application of * 1~35-2-15. i; s~ Site Plan THOMAS HIGGINS, ~ ~ ~ 5/~ ~d 5/~ ~en~ ~ G~ ~, ~ a:M p.m~ Applica~on of NYll~,f~aV~g VINC~NT GRI~O, by I.L. ~~, ~e ~, ~* ~.~nt S~ ' ~ ~=t t~ ~inn , : ~ a V~ ~o ~~ a~Uon to ~ ~FFOLK TIME~, a Weekly ~t~i~ ~ .Point =-- D~ve - ~st": ~uffolk and State of New Bridge or Briar Paradise Point Lot. 12 and part of parcel known as County Tax Map 1000-81-1-16.L ' 8:05 p.m. Application of NICHOLAS ALIANO,, 3800 · Duck Pond Road, Cuti~ho~ue, NY for a Special Exception to ~_e Zoning Ordin~uce, Article vi, Section 100-60(B)[1](b), .ArUcle V, Sec~oa 100~0(B) [4], mr permission to establish and build four two-story motel bi.dings containing 10 mot~] units fo~' transient use, and an office building of 2,500 sq. ft. in area.oa this 3.7~l-acre parcel -j/~ of which the annexed is regularly published in 'each week for on~ ~Ma{ · ~ nmencngonthe~ 03-014.._'- *' - < "~ "'~' "? 8 4 - : _'i.'.. ~U~BRODT, a ~ fx a ~ ' ~ve~l of inte~retotien o{ ' i [ ~'. ' pretty of O.L ~ ~:Cq ~ J.T. Sw~oa, Private R~d' Principni Clerk No. ~'-(~a ~efic~ ~d), ~t; 1~1~. ~ ~ ~h ~ d~i~ng ~ ~ h~rd m~. do ~ ~ ~on, in ~9 84 wntm~, or by attorney or - o~er repr~en~tive. For ad~ ~aU~ pl~e ~ct ~ ~e, ~l~ (or 1~). ~: J~y3,1~. BY O~ER OF ~ SO~O~ ~ Page 3 Legal Not~ Public Hearings fo' ly 26, 1984. Copies of the Legal Notice to the following 7/16/84: Mrs. Loretta .DiMaggio, Southold EQuities, Southold Charles R. Cuddy, Esq., Esseks, Hefter, Cuddy & Angel for Mr. John Simicich Abigail A. Wickham, Esq. for Joseph Wanat Philip J. Ofrias, Jr., Esq. for Henrz J. Smith Mr. David Kapell for Giannaris and others Irving L. Price, Jr., Esq. for Vincent Griffo Mr. Nicholas Aliano, Cutchogue Mr. Thomas Higgins, Garden City Howard E. Pachman, Esq. for Truckenbrodt and others William W. Esseks, Esq. for Abbott and Swanson ZBA board members Town Clerk Bulletin Board Suffolk Times, Inc. for publication July L.I. Traveler-Watchman, Inc." " Individual files for reference 19th 45., JUDITH T. TERRY TOWN CLERK REGISTRAROI VITAL SI,\IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 20, 3_984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is zoning ~ppeal no. 3261 application of John Simicich 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 Clerk W~LLIAM W ESSEK$ MARCIA Z. H EFtEr CHArlES ~. CUDDY STEPHEN R ANGEL ESSEK$. HEfteR, CUDDY ~ ANGEL COUNSELORS At LAW I08 EASt MAIN STREET RIVE~hEAD, N.Y. 1190I June 21, 1984 WATER MILL OFFICE MONTAU K HIGHWAY P O. BOX 570 WATER MILL, N.Y. IJ976 Ms. Linda Kowalski Clerk, Zoning Board of Appeals Town Hall, Main Road Southold, New York 11971 Re: John S imic ich Dear Ms. Kowalski: This is to confirm that the application of John Simicich for an area variance for property located at Camp Mineola Road, Mattituck, New York should also include an application for a §280-A variance to permit access to the lo~ Thank you for your continuing attention to this matter. Very truly yours, Charles R. Cudd CRC/kmu gUN 2:0 1984 TOWN OF SOUTHOLD, NEW YORK APPEALJiiFi~~N OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ c~ ~ / DATE.... J.up..e,....c~....b.,,... 1.9 8 4 1, (We) .......... .~..O...~.~.~....S..[...~..[...C..~..C...I~. ......................... of Cam~. Mineola Road, Mattituck , N.Y. Name of Appellont Street and Number .~Mattituck) New York HEREBY ........................................................................................................................ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of Camp Mineola Road, Mattituck, New York 11952 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1. LOCATION OF THE PROPERTY Camp Mineola Road, t%attituck, New York Street and Hamlet Zone District: 1000 Section: 122, Block 5 Lot 3.3 OWNER(S): .Jol%n.$imi¢icb. ........ iW~Yig~ Lot No. DATE PURCHASED:.............September.2..5.'..1.9.73 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 100-31 paragraph c. 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a 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 ~s requested for the reasonthat we would like to divide the existing property by retaining the existing residential unit while building a dwelling upon the adjacent parcel. The lot thus created is of insufficient area (72,797 square feet) and width. Fomn ZBI (Continue on other side) · R'EASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary H~RDSHIPbecau~ the applicant would be required to retain one parcel which is 154,000 square feet whereas the division of the parcels would result in a parcel in excess of 80,000 square feet and another which is 90% of the required area. The two parcels have a signi- ficantly higher value, as divided, and to cause then to be retained as one parcel when the surrounding parcels are one acre or less is a hardship upon the applicant. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because substantially all of the properties within the neighborhood are lots of less than two (2) acres. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because substantially all of the properties within the neighborhood are lots of less than two (12) acres and lots within the proximity to the proposed lots~ as d~vided~ are the same size as or smaller then the proposed lots would be STATE OF NEW YORK ) ~ '~ COUNTY OF Suffolk ) ~// Signature Sworn to this ............... /'..~....~... .................... day of ................. .~.!~..~...e. .............................. 19 84 Notary Public BOARD OF' APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: Mr. Robert Kalous, Mrs. Eleanor Papish, Mrs. Florence Zanowski, Mr. Bernard DePetris, Mr. William Gremler, Mr. Frank Was, Mr. Bruce Norris and Mrs. Ruth Kluender, NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 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) lc±role choioe] 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribedasfollows: All that parcel of land owned by the applicant with frontage on camp Mineola Road~ including the applicant's residence and containing 3.547 acres and designated as District 1000, Section 122, Block 5 Lot 3.3 on the Suffolk County Tax Map. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: District A-SO. 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Division of the existing property by retaining existing residential unit and building a dwelling upon adiacent parcel. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 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. (516) 765-180g. 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 18. 1984. . Post Office Address. C~mp M~n~ola; Road Mattituck, New York NAME Mr. Robert'Kalous Mrs. Eleanor Papish Mrs. Florence Zanowski Mr. Bernard DePetris Mr.~William Gremler Mr. Frank Was Mr. Bruce Norris Ms. Ruth Kluender PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS 18 Evans Street, Hew Hyde Park, New York. Ole Jule Lane, Mattituck, New York 11952 Kraus Road, Mattituek, New York, 11952 Kraus Road, Mattituck, New York, 11952 Kraus Road, Mattituck, New York,, 11952 809 Barbara Blvd., Franklin Square, New York, Riverhaven Drive, Homasasa, Florida 32646 64-06 Myrtle Avenue, and at ** Glendale, New York 11227 **Ole Jule Lane, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Ellen Clark , residing at Calverton, New York , being duly sworn, deposes and says that on the 18th day of 3june ,19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite 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 a! the United States Post Of- fice at Riverhead. New York ; that said Notices were mailed to each of said persqns by (certified) (re~a~) mail. Sworn to before me this / f ~'~ day of .T~u~m ,19 RA Notary Public U Ellen Clark SLaY Southold, N.Y. 11971 (516) 765-1938 May 24, 1984 Mr. Charles Cuddy Esseks, Hefter, Cuddy, Counselors at Law 108 E. Main Street Riverhead, NY 1190~ and Angel Re: Simicich subdivision Mattituck Dear Mr. Cuddy: Please let this confirm the action of the Planning Board at the meeting May 21, 1984. RESOLVED that the Southold Town Planning Board disapproves subdivision of John Simicich located at Mattituck due to the insufficient area of the lot, which would be created by the subdivision. the If you have any questions, please contact this office. Very truly yours, ~c:Zoning Board of Appeals BENNETT ORLOWSKI, JR. , CHAIRMAN $OUTHOLD TOWN PLANNING BOARD mission of this form, and an environmental review wi be ' made by this b( before any action is ta SHORT ENVIRON~NTAL A$$~$.S~ENT FO~ (a) ~n order to answer the questions in this short gAF ia ia aaau~ed that ~hl preparer will use currently available lnforr~atlcn concerning the project and the l~kely Lmpacte of the action, I; ~ not e~ec~ed or other lnves~lgatton~ w~l b~ ~dertaken, (~) If any question ha~ been answered Yes the pro~ec~ ccmpleted Environmental Assessment Fo~ ia necessary. (c) 1f all questions have been answered No nc~ stgn~f~cant. (d) ~v~ro~menta~ ,Assessment ~. W~1 project ras~t ~n a ~arge physical c~nge to the project s~ce or phyaica~Zy alter more t~n ~0 acres of land? , · . · 2. Will there be a major change to any u~ique or X unusual land form found on the site? · . . . Yes .... No 3. Will project alter or have large effect on an existing body of water?: . · · · . · · · Yes ~. Will project have a potentially large Lmpac~ on gro,~dwater quality? , , , , , , , , , , , . .. Yea X No 5, Will project significantly effect drainage on ad:latent sites? , , , , , · · · ·---- Yes X, 6, Will project affec: any threatened or endangered plant or animal species? , · · · · · * , , , , Yes~X No 7, Will project result in a major adverse effect on air. quality? · , , , , , , , , , , Yea 8, Will project have a ~ajor effect on visual char- acter of the community or ecenl¢ views or vistas kno~m to be important to the commun£~y? · · · ,. , Yea No 9. Will project adversely L~pact any sics or ecruc~- ur· of historic, pre-historic, or paleontological importance or any site designated ae a critical X environmental area by a local agency? . . . Yea ~.. No 10. Will project have a major e~fect on existing or future recreational opportu~itiea~ . . . Yea ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation Yes X No · yet·ms? · · · · · · · * · , · · 12o Will project regularly c&uee objectionable noile, g~are~ v:ibratlone or electrical disturb- ance as a result of the project's operation? . Yes X No 13. Will project have any impact on public health or X sat'eW? , , , , , , , ,., , , , Yes .. . No 1L. Will project &~'fect. :he existing community by directly causing a growth in permanent pop~la- tion of more t.~an ~ percen~ over a one-yea~ perio~ 2.r have a major nega:ive effect o~ the X character of the ¢om. munl'~y ~r. neAgh~orhood?. * Yes ~5. Is ~here public ~ontr:versy co~ce~flg ~he pro~ec~? Yes X PREPARER' $ SIt,lAThE* TI~E~ Attorney-at-Law REPRESENTING: John Simicich ~ ' DATE=' June 4, 1984. ~1t178 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, {tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their 5tony Brook office for instructions and application forms. Once you have received written notification of approva pleas, e provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I, [ ] 2. Ix] 3. I ] q. [ ] 5. [ ] 6. I ] ?. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 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 witi) recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prev=nt any unnecessary delays in processin9 your application(s). 10/831k WILLIAM W. ESSEKS MARCIA Z HEF'TER CHARLES R. CUDD¥ E$$EKS, HefTeR, CUDDY ~ ANGEL TeLex-EhCA 6852318 UW June 18, 1984 Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 R O. E~ox 570 Re: Application of John Simicich (Area Variance) Dear Board Members: On behalf of John Simicich, we are enclosing herewith the following documents: 1) A copy of the resolution from the Planning Board of the Town of Southold disapproving the minor subdivision. 2) Appl~ation in triplicate. 3) Notice to Adjoining Property Owner's form with affidavit completed on the back thereof. 4) Short Environmental Assessment Form. 5) Wetlands Letter, 6) Four copies of survey. 7) Firm check in the amount of $50.00. We respectfully request that this application be considered at your next meeting. We would appreciate your advising us as to the date this matter will be heard, Thank you. Very truly yours, CRC/ec encs. D $ Southold, N.Y. 11971 (516) 765-1938 May 24, 1984 Mr. Charles Cuddy Esseks, Eefter, Cuddy, Counselors at Law 108 E. Main Street Riverhead, NY 11901 and Angel Re: Simtcich subdivision MattituCk Dear Mr. Cuddy: Please let this confirm the action of the Planning Board at the meeting May 21, 1984. EESOLVED that the Southold Town Planning Board disapproves subdivision of John Simicich located at Mattituck due to the insufficient area of the lot, which would be created by the subdivision. the If you have any questions, please contact this office. Very truly yours, BENNETT 'ORLOWSKI,JR., CHAIRMAN WN PLANNING ,BOARD cc:Zoning Board of Appeals ~vlARCiA Z HEFTEr CHARLES f~. CUDDY Esseks~ HeftEr, CUddY & ANGEL COUNSELORS AT LAW P O. E30x 279 RIVEI~HEAD, N.Y. iIgOi TeLex-EHCA 6852318 UW June 18, 1984 Ms, Linda Kowalski Town Clerk Town Hall Main Road Sctthold, New York Re: Application of John Sim!cich Dear Ms. Kowalski: Supplementing our previous correspondence, we enclose the receipts (certified mail) in connection with the notice mailed to the adjacent property owners, This is submitted in connection with the above area variance application, We ask that you attach these receipts to the affidavit of mailing in the file, Thank you. Very truly yours, CRC/ec enc. P.S. Also enclosed is an additional copy of the survey for use by the Building Department. Z ,4,5.0 ~o, ooo ~,,Z.F+. ~ ............ .S, ~ Z o 5'$' E'. ¢4-R99