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Home My WebLink About30855Gg2 1~1~±n B~v±~ Rd., $outhold ~ 3/25~83. CA-approval of access pursuant to N.Y. Town Law Southold Town Board of Appeals MAIN RrqAD- STATE ~nAD 2r-, SC]UTHrlLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3085 Application Dated February 7, 1983 (Public Hearing held 3/23/83) TO: Rudolph H. Bruer, Esq., as attorney for [Appellant(s)] MRS. ANN O'SULLIVAN Main Road Soutbold, NY 11971 At a Meeting of the Zoning Board of Appeals held on May 19r 1983 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 (Rehearing of #3028) [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing concerning this matter was held on March 23, 1983. Upon application for a rehearing in the matter of ANN O'SULLIVAN by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-A. Loca- tion of Parcel in Question: 5692 Main Bayview Road, Soutbold, NY; County Tax Map Parcel ID No. 1000-78-4-41.2. The board made the following findings and determination: This is a rehearing in the matter of Appeal No. 3028 for Ann O'Sullivan pursuant to a request filed February 7, 1983. This board unanimously agreed to rehear this application for the reasons stated in the subject rehearing application, and a public hearing was held on March 23, 1983. Appeal No. 3028 was a conditional approval of access granted to Ann O'Sullivan September 9, 1982. The right-of-way in question bas a width of 15 feet, a depth (length) of 362.65 feet to the subject parcel. The traveled road is 8 to 9 feet in width, and sections of this road are lower than the rest of the road width. Test holes in the wheel tread areas have show~ from 4" to 6" of hard-packed sandy loam on sand. It is the opinion of this board that the subject right-of-way be improved according to the recommendations of the town road engineer, John W. Davis, as indicated below. Also, i~ is'noted for the-record that the road known as "Corey Creek Lane" Which runs'along~the southwesterly portion of this property is a private road, and upon researching town records this parcel in question does not appear to have legal access over the same. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; t~at by allowing the v~riahce no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. .(CONTINUED ON PAGE TWO) DATED: May 31, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3085 Matter of ANN O'SULLIVAN Decision Rendered May 19, 1983 On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3085, application for ANN O'SULLIVAN for approval of access pursuant to New York Town Law, Section 280-A, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. REmove loam to a width of 10 feet down to wheel tread eleva- tion the entire 362.65 feet to the subject parcel; 2. Place four inch (4")"6ourse of bankrun with gravel content (or 2" stone blend) on the 10-foot width, leveling same. 3. The above improvements be approved by the Board of Appeals, or town-authorized e~gineer-inspector after receiving notice of completion of these improvements. Location of Property: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-78-4-41.2. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Sawicki. (Members Doyen and Grigonis were absent.) This resolu- tion was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TO%VN CLERK -~chai~n ~Oar~ Appe~ Southold Town Board of Appeals MAIN RrlAD- E~TATE Rr1AD 25 ~I~UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CKI NOTICE IS HEREBY GIVEN, pursuant to Section 276 of-the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Pl&in Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of-Occupancy of Lot No. 3 6f Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving ~n insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct one-family dwelling in this "C-Light Industrial" ~one. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcet ID No. 1000-~31-17~002. Page 2 - Board of Zoning Appeals Legal NOtice of Hearings Meeting to be Held 3/23/83 7:50 p.m. Application of CHESTER M. MAYER, 2265 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to erect fence exceeding the maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxi- mum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-04-0022. 8:00 p.m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire Premises: C.R. 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, by Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000- 59-6-21. 8:10 p.m. Application of FRANK AND BRENDA CICHANOWICZ, Lupin Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97- 9-15 and 16. 5 p.m. Rehearin_____~g in the matter of AN__~N O'SULLIVA~N, by IRudolph~H. Bruer, Esq., Main Road, Southold, NY for a Variance for ~appro~al of ~ccess pursuant to.New York Town Law, Section 280A. Location of Parcel in Question. 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-41.2.~ 8:25 p.m. Application for PQRT OF EGYPT ENTERPRISES, INC., .. Page 3 U Board of Zoning Appeals Legal Notice of Hearings Meeting to be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient frontyard setback and to use p~oposed addition for retail sales in this'"C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the Secretary at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to Newspapers: Please publish once, to wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1983. RECEIVED TOWN OF SOUTHOLD, NEW YORK EF.I 0 8 19&3 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZO~qlNG BQARD OF ARPEALS, TOWN OF $OUTHOLD, N. Y. APPEAL NO."~(~ ~'5 Nome of Appellon.t Street and Number i...'~...e...a..t.i.l:..e.~...A.e..i.9[1?~.~, ........... i....i ....................................... ..~..:.~.-. ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~./~..6./...8.;~ ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Ann O' Sullivan Name of Applicant for permit of l ....c..o..Z..9. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY APPROVAL. O~ _ACCESS ._1, _ LOCATION OF THE PROPERTY ,..~.9~...,MA.% .q' ..B..a,Y.Y..%..e..w.....~.A :z....S..9..q&.~,.,o,.]:~' ....... "..A....~.e...s..3r.dentzal" ' ' Street Use District on Zoning Map /v~ap No. Lot No. 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.) Town Law - Section 280A (3) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due'to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A'Subsection 3 4. PREylOUS APPEAL'A: Previous appeals(has) (l:or~'~t) been mgde with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit (×) request for a variance and was made in Appeal No..~g..]:.~ ...................... Dated ....... 7./..2..8./..8...2. ....................... and Appeal No. 3028 Dated 8/25/82 (x) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthot Appellant was granted a variance to construct under Appeal No. 3018, conditioned upon obtaining approval of access pursuant to Town Law Section 280A(3). Thereafter, under Appeal No. 3028, Appellant was granted approval of access over the existing 15 foot wide right of way to the subject premises, conditioned upon extensive improvements to said right of way. Foz~ ZB1 (Continueonotherside) REASON FOR APPEAL~I~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the improvements to the existing right of way, required by the Zoning Board of Appeals under Appeal 3028, are costly and create a prohibitive economic hardship for your Appellant. Your Appellant maintains that the subject right of way has been in existence and under continuous and unrestricted use for over 50 years and that the improvements required are unnecessary. 2. The hardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and inthis use district because this 15 foot wide right of way is the only legal access to the subject property, unlike other prop- erties in the immediate vicinity which are accessible by town roads. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the present condition of the right of way is and has been completely satisfactory for the purposes of ingress and egress to the property. The character of the District would be unaffected, as Appellant seeks a decision allowing the right of way to remain "as is". STATE OF NEW YORK ) ) COUNTY OFSUFFOLK ) SS Signature Sworn to this .............................................. day of ........................................................ 19 Notary Public Southold Town Board of Appeals '~" "°~ "~" "°~ ~' "°~°'~'""."~'/"L~"~""0-'~'~'-~" APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 16, 1983 Mrs. Ann O'Sullivan 144 Colonial Springs Road Wheatley Heights, NY 11798 Re: Appeal No. 3085 Dear Mrs. O'Sullivan: At a meeting held on Thursday, August llth, the Zoning Board unanimously approved the right-of-way to your home which is located off the south side of Main Bayview Road as improved. We have tried on several occasions to reach you by tele- phone at 765-2281. Please keep this letter for your files, and if you have any questions, please don't hesitate to call our office. Yours very truly, CC: GERARD P. GOEHRINGER CHAIRMAN Building Department By Linda Kowalski, Secretary O'Sullivans: Main Bayview Road~Dg~,~ Southold, NY 11971J,,C~.~, Southold MAIN ROAD- STATE ROAD 25 Town Board of Appeals SOUTHOLD, L.I.. N.Y. 119'71 TEl FPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 31, 1983 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3085 - Ann O'Sullivan (Rehearing) 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 be 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 Mrs. Ann O'Sullivan GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary (Hand-Given) TO: FROM~ Gerard P. Goehringer, Chairman Report Southold Town Board of Appeals John W. Davis Date: No. 287 April 27, 1983 RE: ACCESS ROAD FROM MAI5 BAYVIEW ROAD TO THE O'SULLIVAN PROPERTY COM~NTS: Access to the northerly limit of the O'Sullivan property is by an existing one way road 8 ft. to 9 ft. in width and apparently on original ground. Sections of this road (wheel tread areas) are lower than the rest of the road width which indicates long time use. I made 15 test holes right and left in the wheel tread areas and found from 4" to 6" of hard packed sandy loam on sand. The same type of road and material continues on through the 0'Sullivan property almost to the existing house in the southerly area. Recommendations: 1. Remove the loam for a width of l0 ft. down to the wheel tread elevations. Place a 6" course of bankrun material with a gravel content of at least 20% ow more and 10% of loam on the l0 ft. width. Provision for turning emergency vehicles should be provided for on the O'Sullivan property. A T turn could be used. The above road profile has very little plus or minus gradient. There were no indications of any drainage problems after the recen~ heavy rainfall. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F, MULLEN, Jr. Southold, N.Y. 1197I April 26, 1983 TELEPHONE 765-1938 Mr. John W. Davis Sterling Road Cutchogue, New York 11935 Dear Jack: Pursuant to a meeting this afternoon with Mr. Lessard, Building Administrator, please be advised to follow up on his guidelines as outlined to you this morning, April 26, 1983 so that he may be able to make more exact determination on 280-A accesses, whether or not they will be inclusive or ex- clusive to subdivision accesses. Please also be advised Mr. Goerhringer, Chairman of the Board of Appeals, may have some input or suggestions to these guidelines, as indicated in his March 14 letter. I am sure he has other comments and recom- mendations with regard to this. At the conclusion of the draft of these guidelines, please make arrangements with this office to schedule another meeting. Hoping this is satisfactory to all parties involved. Very truly yours, Henry E. Raynor, Jr., Chairman. Southold Town Planning Board sel cc: Victor Lessard Planning Board Members EN, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, Regular Meeting and the following public hearings will be held by the Senthold Town Board of Appeals on WED- NESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and. as follows: 7:30 p;m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, N.Y. 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize below the eight-foot minimnm~ required elevation for place- ment .of electrical utilities mid equipment in this A-7 Flood, Zone. Location of Property: 1010 Maple L~ne, East ion, N.Y.; Cleaves Point Filed Map 4650, Subd. Lat..60; /~ountY Tax Map Parcel ID SKI, 404 Atlantic Avenue, to the Zoning Ordinance, Ar- ticle, Ill, Section 100-31 for a Certificate of Occupancy of LoS No. 3 of Minor Subdivision of Christine King, Map No. llT, with an adjustment of lot line h~2~£~a. Lol~.~ i~td 4. leavinF~-2/ :00 p;m. ApplicatiOn of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, N.Y. (by Gerry L. Honon) for a Var/once to the Zoning Ordin- ance, Article IH, Section 100- 31 for approval of lot having insufficient area and frontage along Westphalia Road, Matti. tuck, N.Y.; County Tax Map Parcel ID No. 1000-121-02. 02L1. 8:05 p.m. Application for GEORGE AND SYRIL PEN~.~ NY, by Skinny Dip Pools /nc., Box 108, Mattituck, N.Y. for a Variance to the Zoning Ordin. once, Article ID, Section 100- 32 for permission to construc/ sw/mmingPool and fence /n the front and side yard areas at 9305 Soundview Avenue, Southold, N,Y.; County Tax Map Parcel ID No. 1000-$9. 6-21. ' . eq 8:10 p.m. Application of as FRANK AND BRENDA CI- CHANOWICZ, Lupin Dr/ye and Skunk Lane, Cutchogue, ~o~ N.Y. for a Variance to the Zoning Ordinance, Article Ill, Sections 100-32 and 100-35, for Permission to construct acces= sory swimmingpool, detachedl~ garage, and fence exceedin~ ?e maximum-permitted four tect within the frontyard area' at 25S Lupin Drive and 4135 Skunk Lane, Cutchogue, N.Y.; H/ckory Acres Map 3325, Subd. Ix)ts I and 2; County Tax Map Parcel ~n ,,, ~ ~_1000-97-9.1S and 16.'~' ~os. ~ /~ 8:Iv p.m. Rehear/nJ in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. for a Variance for approval of aCCess pursuant to New York Town Law, Section 280A. Location of Parcel in ~unstian: ~5~692 Main Rayview Road ,~.othold, N.Y.: County Ta~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHN~,N, 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 ~./~ .~.....~., ..................... 19...~.?_.. ~ Swom to before me this /-7 day of Notary t'uonc ~ CLEMENT J. THOMPSON NOTARY PUSLIC. ~tate vi New ;'.o. 52-9321725 ~din~ in ~folk ~Uaty ~ ~mmi~ion Ex,res/~rch ~ Flood Plain il forLaW'Chapter4(Ipermission tl SERVICE,,c. ! ]1 1cOUNTY OF sUFFOLF' ) ~ in ~id ~unty, minimm-r~ui I for placement I D~n~h~ Sarvi~ ~[ s~.~s~. ~y~/She is a representative o~ THE SUFFOLK TIMES, a ~kly Pro~rty: 1OlO [ gast Marion. ot su,o g. S ate m New vorg. an0 annex is a rint t at has Point ~ Mai been regularly ~ublish~ in ~id newscast once in each Lot 6o; Coun~ ~ gor........~.~.~ ....... week(s) su~essively, ~mmencing the..~..~ day $OHN ANil Occupancy of ~ ;worn to ~ore ma this...~.~.~ ....................... ~or Su~i ~ots 3 and Gutters. Remodeling, Home . ........ , ...... · * ' ~ficlent r~ Improvements, Blown Lot No. 3 an Insalaflon. ;-' i~ufficient sic Lot No. 4. ': ' NOTARy Po~L C, Stae o~ New Y~rk No. 4707878. Suffolk County ~ Jule Lane MROOFING County Tax ~ NO. 1~11~12- BOB 7:40 p.m. ~ DJV~O, ] LEGAL NOTICE : NOTICE IS HEREBy GIVEN, pursuant to Section '~ 276 of the Town Law and the ~ Provisions of the Amended Code of the Town of Southold, ~' a Regular Meeting and the following public hearings will_ be held by the Southold Towu ~ Board of Appeals on WEDNESDAY, MARCH 23. 1983'comn~ncing at 7:3O p.m.' and as follows: 7:30 p.m.. Application of JAMES AND DORIS IDLER, 27 Aneatok Drive, Huntington, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area., below the .eight-foot minimum-required elevation for placement of electrical utilities and equipment th this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map - Parcel ID No. 1000-035-054127. 7:35 p.m. Application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenpert, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117, with an~ adjustment of lot line between Lots 5 -and 4, leaving insufficient road frontage for :~-;,~':7:50 p.m. Application of ~CHESTER M. MAYER, 2265 King Street, Orient, NY for ~ Variance to the Zoning '~,Ordinance Article III, SecQen ?~100-35A for permission to erect ~'~tence exceeding j the i~'~m~aximum height requirement · /~0f four feet within ~the frontyard area at 2205 King Street, Orient NY County Tax Map Parcel ID No. 10~- Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Latz 1 and 2; County Tax Map Parcel ~p,m. a~hearl"~in the~ ~atter of ANN O'SULLIVAN, ~y Rudolph H. Bruer, Esq.~ ~Iain Road, Southuld, NY for a 7ariance for approval o~ access pursuant to New York Town Law, Section 280A. ::/026-02.043.2 :;r:t.: , ~ Location of Parcel ' in ;.. 7.55 p.m. Apphcatmn of j ~uesfion: 5692 Main Bay~ew ERNEST H. PRUSSNER. 910 ~ Road, Southold, NY; County 'Old Shipyard Lane, Southold, [;Tax Map Parcel ID NY for a Variance to the ~:'~71~.41.2, ~,' ' ..... ~,- · Zoning Ordinance, Article III, -~'~ -;~. a:2~ p.m. ApplicatiOn for .. Section 100-31, Bulk Schedul~,~t~ ' PORT OF EGYPT ENTER- .,'for permission to constru'ct PRISES, .INC., 62500 Main extension reducing the rearyard setback -- and :. 'exceeding the 20% maximum allowable lot coverage at 910 Old Shipyard Lane Seatheld,. NY; Founders Estatez Map ~34, Subd. Lot 91; County Tax Map Parcel ID No. 1~ · 0022 8:00 p.m. Applic~lon of NORTH FORK BAPTIST :Road, S0uthold, NY (by George A. Cottral) for a jVariance to the Zoning : Ordinance, Article VIII, ~Section 100-~0A for permission to construct addition with an ~iusufficient frontyard setback and to use proposed addition for retail sales in this "C-Light · ~Indnstrial" Zone.l,ocation of Lot No. 3 and leaving au :. CHURCH, C.R. 4~, Mattitock, insufficient sideyard setback ' NY (by Gerry L. Horton) for a from the existing dwelling on Variance to the ,goning Lot No. 4. Each parcel Ordinance Article llI, S ection contains an area exceeding 100-31 for approval iof lot one acre. Location of having iusuff~cient area and Property: West side of Pie frontage along Westphalia Jule Lane Mattituck, NY; Road. Location of Entiref~ County Tax Map Parcel ID Premises: C.R. 48 and No. 1000-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for~ ~aermission to construct one- mily dwelling in this "C- Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; County Tax Map Parcel ID/ No. 1000-31-17-ooI ,Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121412-021.1. . ' 5:05 p.m. Application for~ GEORGE AND 'SYBIL PENNY, by Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section '100-32 for permission to · censtruct swimmingpeol and fence in the front and side yard areas at 9305 Soundview · Avenue, Southold, NY; County · Tax Map Parcel ID No. 1000- ~'.'~'0 p.m.' ~'Appl~cahon' -' ~r~ - FRANK AND BRENDt CICHANOWICZ. Lupin Drive~ and Skunk Lane, Cutchogue,. NY for a Variance to the, Zoning 0rd/nanea, Article III .~ctious 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence .~xcending the maximuni- permitted fora- feet within the ~' PropertY: 62500 Main Road, :<Southold, NY; County Tax Map Parcel ID No. 1000-0.56-06- Any person Wishing to be heard concerning the above matters should appear at the times and place - above specified, or he may contact the Secretary at 765-1809 (or !: Dated: March 11,1983. ~': BY ORDER OF ', THE SOUTHOLD TOW~ BOARD OF APPEALS GERARD P. GOEHRINGER ! 1TMi7.4192-: CHAIRMAN Legal Notice of He .ngs for March 23, 1983 Copies to the following on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY411743 Mr. and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 Mr. and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY 11021 Ann Wyden and Peggy Heller, 2015 Bay Avenue, East Marion, NY 11939 Mr. Walter Gaipa (builder), Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq., attorney for Chester M. Mayer Abigail A. Wickham, Esq., attorney for Ernest H. Prussner Mr. Gerry L. Horton, (builder) for North Fork Baptist Church New Suffolk, NY 11956 North Fork Baptist Church, C.R. 48, Mattituck, NY 11952 Mr. and Mrs. George Penny IV, Soundview Ave (#9305), Southold 11971 Skinny Dip Pools, Inc., Box 108, Mattituck, NY 11952 (Hand given 3/14) Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogue 11935 Rudolph H. Bruer, Esq., attorney for Mrs. Ann O'Sullivan Mr. George A. Cottral (builder), for Port of Egypt Enterprises Greenport, NY 11944 Port of Egypt Enterprises, Inc., Main Road, Southold, NY 11971 Mr. Scott Thomas, 138 Sterling Avenue, Greenport, NY 11944 L.I. Travler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files (personal delivery) (personal delivery) Southold Town Board of Appeals -25- February 25, 1983 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the date for the next Regular Meeting of this board BE AND HEREBY IS SCHEDULED FOR WEDNESDAY, MARCH 23, 1983 at 7:30 p.m. to be held at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. ///~REHEARING REQUEST / OF ACC~: ~-~p-~'~-~. IN THE MATTER OF ANN O' SULLIVAN FOR APPROVAL (rehearing of #3028): 3085 WHEREAS, on September 9, 1982, this board rendered approval of Appeal No. 3028 for Ann O'Sullivan upon her approval of access; and a conditional request for WHEREAS, on February 7, 1983, a request was filed with the office of the Town Clerk for a rehearing in the matter of the approval of access in Appeal No. 3028 (see Appeal No. 3085) stat- ing her reasons for this request; and NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3085, application for ANN O'SULLIVAN be granted a rehearinq, and that the public hearing concerning this matter is scheduled and shall be advertised pursuant to law, to be held at the board's next Regular Meeting of March 23, 1983 at the Southold Town Hall, Southold, NY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. CLOSED SESSION FOR DELIBERATIONS: On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED to recess temporarily for the purpose of deliberating, and that the Regular Meeting shall reconvene immediately after such deliberations. This resolution was unanimously adopted. RECONVENE REGULAR MEETING: At approximately 11:00 p.m., on motion by Mr. Goehringer, seconded by M~. Douglass, the board recon- vened its Regular Meeting. This resolution was unanimously adopted. J UDITII T. TERRY TOWN CLERK REGISTRAROI VITALSI\ 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 February 7, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3085 application of Ann O'Sullivan 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 RECEIVED TOWN OF SOUTHOLD, NEW YORK ,FEB 0 8 1983 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, DATE ... ,~, .?. ~../...8..3. ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .............................. of ............. Name of Appello,n~' Street and Number .....~...e...a.~..Z..e.y.....~..e...~.~.t:.s.. ........................................................ ..~..:..~.... ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........7../~..6./...8.;~ ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Ann O'Sullivan Name of Applicant for permit of 1 ....c..°..z...°..n...i..a...z....s. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..~.6...9..$~.~.M..a..i...n..~..B.a.y.`v.~i...e..w..~.~..d.~:.x.~..S.~.~u...t..h..~..d~.~:.`A..~?.e.~.s..i.~]entia~ Street Use District on Zoning Map Iv%ap No. Lot No. 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.) To~n ~,a~ - Section 280A (3) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) 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) (Ix~,~X~) 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...3..0...1..8.. ..................... Dated ....... .7./..2..8./..8...2. .............................................. and Appeal No. 3028 Dated 8/25/82 (x) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested forthe reasonthat Appellant was granted a variance to construct under Appeal No. 3018, conditioned upon obtaining approval of access pursuant to Town Law Section 280A(3). Thereafter, under Appeal No. 3028, Appellant was granted approval of access over the existing 15 foot wide right of way to the subject premises, conditioned upon extensive improvements to said right of way. F0rmZB1 (Continue on otherside) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIPbecause the improvements to the existing right of way, required by the Zoning Board of Appeals under Appeal 3028, are costly and create a prohibitive economic hardship for your Appellant. Your Appellant maintains that the subject right of way has been in existence and under continuous and unrestricted use for over 50 years and that the improvements required are unnecessary. 2. The hardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because this 15 foot wide right of way is the only legal access to the subject property, unlike other prop- erties in the immediate vicinity which are accessible by town roads. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the present condition of the right of way is and has been completely satisfactory for the purposes of ingress and egress to the property. The character of the District would be unaffected, as Appellant seeks a decision allowing the right of way to remain "as is". STATE OF NEW YORK ) COUNTY OFSUFFOLK ) Rudolph H.~Bruer, Attorney for Appellant Swom tothis ............................................. doy of ....... ~Y .............................. 19 83 SU2~ANNE OHLMAN NOTARY PUBLIC, STATE OF NEW YORK RESIDING IN DUTCHES$ COUNTY NO. 4502666 ~ COMMISSION EXfqRES MAR. 30. 19 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ANN O ' SULLIVAN ~ to the Board of Appeals of the Town of Southold TO: 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 (Variance) (Special Exception) (Special Permit) (Other) [circle cho±ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des~ cribed as follows: 5692 Main Bayview Road, Southoldr N.Y. Suffolk County Tax Map: Dist. 1000, Sec. 78, Blk. 4, Lot 41.2 That the property which is the subject of such Petition is located in the following zoning district: "A" -Re sidential/Aq ricultural 4. That by such Petition, the undersigned will request the following relief: Unconditional approval of access over an existin~ 15 foot wide right of way to the subject property. N.Y.S. Town Law $. That the provisions of the ~K~a~I4:I~:OC~:::ZMJ~OI~F,.~I~ applicable to the relief sought by the under- signed are Article 16 Section 280A (3) 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--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: February , 1983 ' '"--~,/~itioner R~aolph H. Bruer, Attorney for ' I Petitioner Post Office Address Main Road, P.O. Box 1047 Southold, New York 11971 (516) 765-1222 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS PS Form 3800, Apr. I976 Mariners Way ppiague, New York 11726 5. E9 5. § 1 L~e rille, New York 11801 ~w Road >ld, New York 11971 il41st Street New York 11354 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Suzanne Gilbride Southold, New York - , residing at · Blew York , being duly sworn, deposes and say~ that on the 7th 'day of February ,19 83 , 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 oppositelheir respective names; that the addresses set opposite the names of said persons are the addresses of'said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fica at Sour. hold, Blew York ; that said Notices were mailed to each of said persons by (certified) (m~i~lnle~) mail. Sworja-ttrb. efore me this 7th RUDOLPH H. BRUER Notary Public, State of New Y~ No. 52-0465530 C Qualified in Suffolk County ornmission Expires March 30, 198;~ February 6, 1981 Mr. Donald M. Rossi Danbury-Brewster Road, Brewster, N~w York 10509 Dear Mr. Rossi: I have issued the two (p~e-existing) Certificates of Occupancy as you applied for. Mrs. O'Sullivan had given ue the cash fee December 11, 1980 so I am returning Maureen Breslin check #107 of $10.00. ?lease pass on this receipt #18107 to Mrs. O'Sullivan and the check to Maureen Breslin. At this time, you show the 15-14' Right of Way over which in the future someone can apply for a approval of the access as is require~ under 280A to be able to get any building permit. Yours truly, George H. F-lsher St. Building Inspector GHF:JKD Enclosures ]HST~u'CT ]OHS.: '-'--'---~) ~n order to answer the questions in this short EAF i~ ~s'as~umed ~hoL the preparer w~l~ use. currently ovo-i~ob~e in£or~at£on concerning ~he project and the l~ka~y impacts of the action. :It is not expected ~hat additional studies, research or other investigat£ons wLl~ be undertaken. (b) ]f any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all quest±OhS have been answered No it is likely that project is .not signif~icant.' ' .' (d) Env£ronmental Assessment "..'"": I. Will project result in o large physical change ., '' to the project site ~r physically alter more than 10 acres of ~and? 'Yes X No 2. %'1ill there'be o major change to any unique or · unusual land form found on the site? .......... Yes. X 3. %'/ill project alter or have a large' effect'on existing body of water? ....................... ¥~ X 'No 4.. %'/ill project have a potentially large impact , _- on groundwater quality? ........................ - yes,X'No .5. %'Iill project significont, ly effec.f.dro~noge;..~ z~. - - · . fl d~ t itc Yes X'Nq 6. Will project affect any ~hreatened or ~' endangered plant or animal species? ........... Yes X' No. " 7. Will project result in/o major adverse eff,ebl / on air quality? ........... ;......~-. ............ _' Yes X No / . 8. ~'/ill project have a major effect on visual character of the community or scenic views or , vis'as known to:be important to the community?. '¥es.X'No 9. %'/ill project a'dversely impact any site or .. · str.ucture of historic, prehistoric or paleontological importance or any site designated os a critical environmental area by o local agency? ..... ~:..-~-~- v-.-.:--~..v Yes X 10. Will project have a major effect on existing or future recreational opportunities?.' ....... Yes X No '11. Will project result in.major traffic problems .... o~ caus~e o major effect to ex.isling transportation systems? ....................... Yes X No 12. %'till pr6ject .regularly cause objectionable '.~ ..... '~ odozs,.noile,' glare, vibration, or electrical. -~ disturbance as o result of ~he project's · ' pro ac ave any impact on pu c eo or.safety? .................................... Yes X No 1~. %'1ill p~oj'ect affect the existing community by.---- directly causing o growth in permanent population of more than 5 percogt over o one year period or have a major negative effect ~ on the chara'c~er off the cornmunity or '" neighborhood? .............................. ' ' ' Yes X No ~5., ~s there public controversy concerning the '' ,project? ...................................... Yas X No PREP/RER~ 'S SIG~tATURE, (Today '~s ~ate) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: ', ' ~..~_,~/ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i.n the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b'e 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. £ ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items'(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, CONSULT YOUR LAWYER 2EFORE SIGNING THIS INSTRUMENT * THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDEN'I~..IRE, made the / ~ day of February , nineteen hundred and eighty-one BETVCEEN ANN P. WOODHOUSE O'SULLIVAN, residing at 144 Colonial Springs Road, Wyandanch, blew York and ROSE M. WOODHOUSE BRE~LIN, i:esiding at 2807 141st Street, Flushing, New York party of the first part, and ANN P. WOODHOUSE O'SULLIVAN, residing at 144 Colonial Spring Road, Wyandanch, New York party of the second part, WlTNESSETH, that the party of the first part. in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Towa of Southold, Suffolk County, New York, bounded and describe as follows: Beginning at a point on the southeasterly line of land of J.W. Bu~khardt and the northwesterly line of land of the parties of the first part, said point being S.41°52'50"W. - 362.69 feet from a monument set on the southwesterly line of Main Bayview Road; running thence along other land of said parties of the first part, three courses: (1) S.48°07'10"E.-60.22 feet; thence (2) N.41°52'50"E.-8.02 feet; thence (3) S.48°07'10"E.-60.23 feet to land of R.H. Darnell; thence along said land, S. 41°52'50"W. - 415.32 feet to the easterly line of a private road known as Corey Creek Lane; thence along said line of Corey Creek Lane and along the easterly line of lot 26 shown on "Map of Corey Creek Estates" filed in the Suffolk County Clerk's Office as map ~4923,N. 8°37'00"W. _ 156.10 feet to said land of J.W. Burkhardt; thence along said !and, N.41o52'50"g. - 308.0 feet to the point of beginning. Containing 43,562 square feet. Being a portion of the premises con~ayed to the Party of the First Part by Deed dated January 22, 1964 and recorded in the Office of the Clerk of Suffolk County ~d. January 31, 1964 in Liber 5491, page 382. Together with a right of way 14' to 15' wide from the northerly corner of the premises herein described along the northwesterly line of the remaining lands conveyed to the Party of the First Part by the above described Deed for ingress ~nd..egress to Main Bayview Road. bUr-FOLK _ ~COUNTY TOGETHER with all right, title and interest, if any, of the pa~'ty of the first part in and to any streets and roads abutting the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the part)' of thc first part will receive the consideration for this conveyance and will bold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of thc cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre $o requires. IN WITNESS WHEREOF, the party of the first part has doly executed tbls deed the day and year first above written. ' ANN y. WOODHOUSE O'SULLIVANr - ROSE M. WOODHOUSE BRESLIN C