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Home My WebLink About3099675 Pvt. Rd. No. I8A, Southold 4/20/83 & 6/23/83 W-construct garage'and tennis court with? fencing, for principal use-on this vacant parcel. ~J~ t~ ~ ~ ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3099 Application Dated March 15, 1983 (Public Hearings 4/20/83; TO: Rudolph H. Bruer, Esq. (attorney for D. REISE/RIAL Main Road REALTY CORP.) Southold, NY 11971 6/23/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on the above on your June 23, 1983 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) and (B) [ ] Request for Public Hearings on this application were held on April 20, 1983 and June 23, 1983. Upon application for DOROTHY REISE (owner) and RIAL REALTY CORP. (Contract Vendee), by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel. Location of Property: 675 Private Road No. 18A (East Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000-50-003-009. WHEREAS, pursuant to the verbal request of Rudolph H. Bruer, Esq., attorney for the applicant, at a public hearing held on June 23, 1983, On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, to WITHDRAW APPEAL NO. 3099, application for DOROTHY RIESE/RIAL REALTY CORP. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass, and Sawicki. Member Grigonis was absent. This resolution was unanimously adopted. RECEIVED AND /LED BY THE SOUTHOLD TOWN CT.~.~K ~~k, To~ ~ld DATED: August 11, 1983. Form ZB4 (rev. 12/81) erard P. Go~nringer~/ CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCK[ Southold Town Board of Appeals MAIN ROAD- E~TATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516~ 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 23, 1983 commencing at 7:30 p.m, and as follows: 7:30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 48, Greenport. 7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct,~in th~ frontyard area at 370 Harbor Road, Orient, NY; County Tax Map Parcel No. 1000-027-04-006. 7:40 p.m. Application of BRUCE AND PATRICIA STEWART, School- house Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard area, at 553?0 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-052-03-026. 7:50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000- 113-006-023. 7:55 p.m. Application of ALPRED J. TERP, 1435 Hobart Road, Southcld, NY f~or a Variance to the Zoning Ordinance, Article III, Page 2-Leqal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 Sections 100-31, 100-34, for permission to construct bathroom addi- tion to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Sou~hold, NY~ County Tax Map Parcel No. 1000-064-002-012. 8:00 p.m. Application of CUTCHOGUE FREE LIBRARYr Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[1] to establish library use in the existing building in this B-1 District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-1t2(H) for permission to use accessory off-street park- ing area adjoining this premises for this proposed library. Loca- tion of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05-22 and 23. 8:15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III,,Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. 8:20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permissIon to construct addition to'dwelling with an insufficient rearyard setback, at 555 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-25-2-5.1. 8:25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000- 038-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimm~ngpool in thelfrontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau P~int Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-806 & 007. (William B. Smith, agent) 8:45 p.m. Application for DAYSMAN MORRIS, by RudOlph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance Article VI, Section 100-60 (A) & (B) to store materials in the open ~ .pa_ge 3 - Legal Notice~f Hearings Sou~hold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 area upon this parcel, zoned B-Light Business. Location of Property: 405 Kirwin Boulevard, Greenport, NY; County Tax Map Parcel No. 1000-53-02-006. f 9:00 p.m. Recessed Hearing; Appeal No. 3099. Application ~or ) DOROTHY REISE/RtAL REALTY CORP., By Rudolph H. Bruer, Esq., Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9:15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "~k-~n care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above bearings, please contact Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809 (or 1802). INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16, 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. Copies to the following on or about June 13, 1983: Mr. Mr Mr Mr Mr Mr Mr Jack Levin, C.R. 48, Greenport, NY Hans H. Rieger, 15 Harbour Road, Orient and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue and Mrs. Peter Papantonlou, 55370 C.R. 48, Sou~hold and Mrs. Richard Relyea, 1060 Foxhollow Road, Mattituck Alfred J. Terp, 1435 Hobart Road (Box 64), Southold William Peters, Chairman Cutchogue-New Suffolk Library, Box 935, Cutchogue Mr. Scott R. Albrecht, West View Drive, Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Rd, Orie Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392, East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St, Southold Mr. Frank Messina, P.O. Box 368, Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq., as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq., 6 East Main Street, Riverhead, Hall and Hall. Esqs.~ F~gn~ ~re~, ~e~p~[t NY (Re: Reise) FORM NO. 3 /~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ...............................Date.. ~/~'~ ~ '/~/19 ~'~. . .9(. .~... ~/P. 5. . .?..~. .~..~... . .d~ .... ~ ~ ~ PLEASE T~E NOTICE that your application dated ............ ~... {.~., 19. f~ for pemii ro construct..~...f T[ff~(~.. ~ff~U..~fff...~(q.f.ff[~ ..... at Location of Prope~ ~b~s~ ~o[ ....................... ~0S{ ................. County Tax Map No. I00~ Section ...... ~*f~ .... Block ....... ~ .... Lot .~ .......... Subdivision .... ' Filed Map No, -- Lot No. is returned herewith and disapproved on the following grounds...b~T&C.t??..~.. Building Inspector RV 1 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTIM ENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or hi ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of proPerty must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole orin part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as heroin described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspecti~s. ~ ~ ....... . ry. . (Signature of applicant, or name, if a corporation) · ...... ......... ,~ (Maiting~addr~[of applicant) State whether applicant is owner, lessee, a~gent, architect, engineer, general contractor, electt~ician, plumber or builder. Name of owner of premises )O .~...-~..~'~.7 (as on the tax roll or latest deed) If applican~is a corporation, signature of duly authorized officer. (Name and' ' 'itle of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... House Number Street Hamlel Counw Tax Map No. 1000 Section .... . .~'.~. .......... Blo&k .....~. ............ Lot...~. .... ] .......... Subdivision ..................................... Filed Map No. . -- ............. Lot tName) '- ............... 2. State existing use and occupancy of premises and intended use and occupancy of proposed constrriction: ' a. Existin=o use and occupancy ......... .O ./CM~...,~--...z~4....,~. ...................................... 2. Nature of work (check which ap~cabte): New Building ....~". ..... Add, don .......... Alteration .; ........ Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ........ .~..~..o.Q.O....,o. ................. Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling'units on each floor ................ If garage, number of cars ...... ,~. ................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing strucmres, ifany: Front ............... Rear .............. Depth ..... , ......... Height .............. Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear ................... Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ....~'. ........ Rear .......... ,,~5':. Depth .......... ~.~.:. Height ./..~.? .......... Number of Stories .. ~ .................................................... 9. Size of lot: Front ../. ?./.-. ?.q ........... Rear ...4.2'.~?.-.~. ........... Depth l.~..~.'[..&'J.../..'P.~.,.~.. ~Z . [~.; Date of Purchase .c...o?k:~....~..~'z/..~r~,~_..c,o.,'Z.~.a.~.~.r. Name of Former Owner . i~,,~:e.~a~t~t,~..~.,~q/F:.. 11. Zone or use district in which premises are situated... ~¢d.z..~.,~'½.,~.~ ............... '. ........ ' .......... 12. Does proposed construction violate any zoning law, ordinance or regulation: .... '.._~"~ ....................... 13. Will lot be regraded ~,'.,~p.4[.-:.. ¥.o.r..,*...~.q~..r~f...z-~."7. Wi~excess fill_be rem,9ved from premises: Yes 14. Name of Owner of premises Z).~,e.o~t~_~..~.,~. ~',~.... Add~es'~. ~r~t~-,~/~t.~,~ j . J~o .... Phone No. ~.~....~.~..,~. .... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YORK, S.S COUNTY OF ................. . .~/~l~.~. ff~-. ~J..~:?~, '4~.' ~W~' '~ ........ berg duly sworn, deposes ~d says that he is the applic~t (Name o~ ind~vidu~ si~g contract) above named. He is the ........... (Con.actor, agent, c0rpomte o/~;,-~ et~.. ........................... of s~d owner or ownem md is duly auto. ed to perfom or have peffo~ed the s~d work ~d to m~e ~d file ~s app~cation; that a~ statements cont~ed work wffi be perfo~ed i~the m~ner set for~ ~ ~e app~cafion fried ~erewith. Swo~ to befor~ me~ ' .. ........ ~. ~.. :day of.. ~ots~pubhc, S-eteo}~ewY6r~ .... ~ ' '~'''' ...................... rqo. s2-t~:.$s~so (Si~atum of applic~t) RECEIVF.~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OE BUILDING INSPECTOR APPEL NO: ~ ~ ~ T0~ ~ ~ D~T~ ..~Z~.~. ........... · o T~ ~OX~D ~ ~P~E~LS,-~W~ ~ S~TUOLD, N. Y. ~, (W~)~...~.~L.~.: .......................... o~ ..~9...~.~E.~ ~X%: ......................................... ~me of Appellont Street and ~umber Oyster Bay, N.Y, ......................................................................................................................... HEREBY APPEL TO ~unicipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........3. ,/~,4..Z..8,~. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Dorothy Reise, Owner .... gff..o.....R...I...A~..., .~ .T..Y.....C...O..~...P. :..~.....a.s....q .o...n..t..r...a ct vendee Name of Applicant for permit of .... ~9....~..~.r..e...y.....A..v..~....:~..°..z~.%r.....B.~.~.~....~.~..¥.:...?..z..Z~..z. ................................ Street one Number Municipality State PERMIT TO USE (X) ( ; PERMIT FOR OCCUPANCY (X) PERMIT TO' 'CONS~TPJ/CT 1 LOCATION C~,TNE PRC~PERT¥ 675 Pr~va.te Rd. %t8A~-Hyatt l{d,E. A. Street Use District on Zoning r Map Mop No Lot NO. - -.- 2. PP~OVISION (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 100-30(A & B) 3. TYPE OF APPEAL AppeoJ is made qerewith for (X) A VARIANCE to the Zoning Ordin<~.nce or Zoning Map ~ ) A VARIANCE du~ to lack of access (State of Ne* York Tow~ Law Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsectfon 3 4. PREVIOUS APPEAL A arevious appeal ~ (has not) been mode with respect to this decision of the Building mspector or with respect to this property. Such appeal was ( ) request for e special permit ( ) request for a variance and was mace in Appeal No ................................. Doted ...................................................................... ( ) CC) ( ) REASON FOR APPEAL A Variance to Section 280A'Subsection 3 A Variance to the Zoning Ordinance *s requbsted,for the reosonthat Appellant desires to eonstruet.a tennis court and detached garage on the subject vacant property. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellant would be unable to construct the desired tennis court and detached garage on the subject vacant property. 2 The hardship c,eatedis UNIQUE and is notshored by c prope~ies alike in ne immedia~ vicinity ofthis property and in this use district because the. construction .proposed is considered by the Southold Town Building Inspector to be an accessory, use~ -a~d h~s interpretation of the Town Code is that one cannot~ have an accessory use without a primary structure. Appellant szmply desires to construct a tennis court and garage for us~ in con]unction with his residence located a short distance from the subject property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Appellant is not proposing an additional residence in the area, simply a recreational and garage facility which will enhance the neighborhood and further insure its remaining in its present state. STATE OF NEW YORK ) ) :COUNTY:OF SUFFOLK) ss Sworn to this ..... .1..5...t..h. ................................ day of .............M...a...r..c..h.. ............................... 19 83 ~OTA~Y P'J~L[C. State of New Ycrk No. 52-4~52¢2, Suffolk CoupW C~mmissiun Expirss ~rch 30, ].~ ~,~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Application of : DOROTHY REISE, c/o RIAL REALTY CORP. as : Contract Vendee, Oyster Bay, New York. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ANTHONY B. ss.: AFFIDAVIT Appeal No. 3099 TOHILL, being duly sworn, deposes and says: 1. That he is an attorney licensed to practice in the State of New York, and he makes this affidavit knowing that the Southold Zoning Board of Appeals will rely upon the truth of its contents. 2. That your deponent has researched the title to parcels shown on the Suffolk County Tax Map as parcels 1000-50-3-9 and 23 and has determined that each of the aforesaid two parcels were purchased on November 12, 1960 by Michael Reise and Dorothy Reise, his wife, by one Deed, which is recorded at the Suffolk County Clerk's Office at Liber 4906, Page 287. Said Deed is annexed and marked as Exhibit "A". 3. That thereafter and on August 15, 1971, the parcel which is now known as Tax Map No. 1000-50-3-23 was conveyed by Michael Reise and Dorothy Reise to Michael Reise. The Deed for said transaction, which is shown as a transaction without considera- tion, is recorded at Liber 6987, Page 400. Said Deed is annexed and marked as Exhibit "B". of his real 6. in original County. 7. 4. That thereafter and prior to this date, Michael Reise died, upon information and belief, seized and possessed of an outright interest in the last mentioned lot, and a tenancy by the entirety interest in the first-mentioned lot. 5. That on March 5, 1982, Michael Reise executed a Last Will and Testament, which, in pertinent part, devised all estate to his surviving spouse, Dorothy Reise. That on March 17, 1983, said Last Will and Testament form was filed in the Surrogate's Court of Suffolk That by reason of the foregoing, your deponent respectfully submits that the application before the Zoning Board of Appeals designated as Appeal No. 3099 is not properly before this Zoning Board of Appeals and may not be granted. Sworn to before me this 20th day of April, 1983. ~0tary Publ ~c SUSAN MAJIKAS NOTARY PUBLIC, Stale of New York No. 4701146 QuaJified in Suffolk County Co,nmi:sion 5xpires Ma~ch 30, 19~-"' ANTHONY B. TOHILL -2- the fir ~MlchaeI: ~i'e ~fdin-g ~ ~ ~ut~ 10th~gt~e~t rt ' ' ' "' "' " . · ~s~., pa~ y.of .thc second parL. ~. ~;.~ .-..., *::: * 9%qTNF..S~h'TH, that the i~art) . ~.. s aid; her therl Avenue m~r¢°/~ Je%4 ~itu~t¢, ; ~:. n~ d6scribed:~ ,s 46 minutes 40.,v degrees~51.minutes~,- ,. 'yiltne~from a point 6188 feet:westerly saidspoin~ of; begi~n~ ~.~.f :the first parb ~o- r~ S6uth ~ .de~eea :t~' south: ke~eo~ lahd'bf~ across ~30 'ees"05~minutes ;seconds East asid~l&~d ia;~being al terly ~' foot,.ri ,~North ~g~O2.~minute, We~t?lT~9~kfeet/t6 Lewis thence' o~ sald-~ahdof2 Lewi& Eastk;170/fd~t~t ladd'0f-Rockefeller~ ~thencef~l°ng'said~, , ler~ degrees~ '~l~minutes secohds~East~ Cam along~ Salad. lend'of.De minutes -30 ~ ,-' ; tc beg .ng, ~-~ t a. r,ight .~f, way.i over~ .sa ~:, ~0, foot ,right ':', ;. . ~ weste~lYsound corner~of..t~he premises~sOu~theasterly, D9D~feet to _~ ~..= .V~ew~*e-~,e~-.~ ~,~'~ _ - . . ~-.~'...*~.'~ .,~ . -: [-.. , : ;. -~C , . -, .. - ¢SubJect~to a'rt~t, of~way/30 f~et?old~ver-,the~south ~'-.; westerly 150 feet or t~ o.a~t~. ~' ";"i'~ '";'"":'~: - .: .. .., .- -;5. · / ~-',( ' CONSULT YOUR LAWYER BEFOIE S GN NG .... ' ~p ~of~efirstpa~ and ~any of the secb~d pa~,.*: · ~ WI~$E~, tfiat [ improvements thereon ct ~ or:~ for.m..erly '~ and ~n0w"ori~ formekl~'D~pk said point, of'~e~ih~i~ ~gree~ 464mi~utes'40 Seco Wes~10.6~.'feet, ~an~:~ ]eqce Nqr~h'41~degrees'~51, ~inutes330~seC'O~ .line. of;'Sound.VlpwTAvenue~,476%~8~fee~dwe~terly alongisaid nQrth'~r ~llne from Lxghthouse Road;,,saad,po~nt*of,beqa~n~n~-belnq.the nor~erl corner.of, land.cony~y~d by%Walter E att~.~o'Llndermayer;~,from~%saad · poant Q~ begann~ ~nyeyed ~ ~yi.Wai~ *E ~o~. way,~outhv4~; ~egrees; 7~3<minutes -20 ~% -%0 ;a ~on~eq~.and· 2 how h~ .Ea s~:~30'. 02 E~ egref ;minute - ~ - .... , . ~30;seconds' . ANTHONY B. TOHILL BOX 74~ 6 EAST MAIN STREET 97 Port Washington Blvd. Roslyn, New York 11576 15 June 1983 Board of Appeals $outhold Town Town Hall $outhold NY 11971 Gentlemen: I am v~iting to oppose the building of a tenmis couDt and a garage on property adjoining my property, actually a few feet from my bedrooms. ~. Lewis and I bought our property in 1949 and have all these years enjoyed the quiet and peace and beauty of our area. We keep our radios and television sets on "low". ~aI would consider it a calamity to introduce a suburban atmosphere into our coun- try living. I understand that this area is zoned for residence and agricul- ture and it is my hope that it always be so. The coming hearing will take place at a time that neither my son no~ I can attend. He is in Canada and I will be in England, leaving here on JUne 20th. It is unfortunate that both the owner and the hei~ will be absent. Sincerely, ,Ccc. Y~s. George P. Lewis Southold To~n, Board of Appeals Bouthold NY 11971 Brenda m. Atkinson, Charles H. Ls~is Box 1541 NY 11971 Southold ~,~ ,Tow ol Iohthol Variance on land on Hortons Point. Application made by Oo~oth~ Raise and Riel To the 9oerd of Appeals~ I am writing on behalf of my husband Charles and my- self. Please include this letter in with sny other materiel presented on the evening of June 23rd. The land on Hortons Point should remain as it is. ~e strongly oppose end frankly resent the application for a var- iance made b~ Dorothy Raise and mr. Capons (Rial Realty). Their request is not in keeping with the already established neigh- bourhood. mr. Capons has yet to even spend one season ~ith his ne~ly acquired neighbours. I feel he has far too quickly decided to strip a 9rest portion of lend. The peep · and the land on Hortons Point are very special. The ersa is not a fast moving jet set environment. The land is zoned rural because that is exactly what it is and why most of us live there. It is conducive to quiet, reflective time not sports or bar- ren space. The balance is a 9ood one for everyone including the animals and the birds. It is a shame that mr. Capons did not give himself the opportunity to discover the nat- ural beauty and peace ~e all have created and maintained. I suggest that if mr. Capons is unable to live ~ithout tennis or drive to the nearest court, that he pave over and disfigure the land he already has purchased. In this way he can vie~ the bsautiful asphalt, deal with the sounds of tennis balls, enjoy the bright overhead lights and listen to the voices of his players. ~e feel that it is extremely unfair to impose these upon us. ~e ask you to please consider this possible zoning change es not only unecessary but potentially harmful to what is presently a harmonious community of simple yet long standing and caring citizens of Bouthold. Thank You, Sincerely, Brenda m. Atkinson NOTICE OF CHANGE PLEASE TAKE NOTICE, that the following appeal application is hereby RE- SCHEDULED for public hearing to be held THURSDAy, JUNE 23, 1983 at 9:00 o'clock p.m. before the Southold Town BOARD OF APPEALS at the Town Hall, Ma. in Road, Southold, NY; ~ppeal No. 3099 -- DORo- THY REISE/RIAL REALTY CORP. for a Variance to Article III, Section 100-30(A) and (B) for permission to construct garage and tennis · court with fencing, for principal use on this vacant parcel at 675 Private Road No. 1SA (East Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Dated: May 19, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER 1TMy19-4252 CHAIRMAN STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Joan W, Gustavson of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 1 9'b~ dayof 1,I~ 19 83 HELEN K. DE VOE No 4707878. Suffolk County Term Expires March 30. 19~ ~ Principal Clerk Sworn to before me this 19th dayof ~Iay 19 ~3 NOTICE OF CHANGE PLEASE TAKE NOTICE, that the Foliowi~ appeal application ' is hereby SCHEDULED f~r public hear- lng to be held THURSDAY, JUNE 2.3~ 1983 at 9:00 o'clock p,m. before the Southold Town BOARD OF APPEALS at the Town Hall, Main Road, South- old, N.Y.; Appeal No. 3099- DORO- THY REISE/RIAL REALTY CORP. for a Variance to Article IR, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for princi. pal use on this vacant parcel at 675 Private Road No. 18A (East Hyatt Road), Southold, N.Y.; County Tax Map Parcel No. 1000-50-3-9. Dated: May 19, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1T-5/19/83(6) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ..................... /. ................. weeks successively, commencing on the ............. ,./.?..,.~.. ............. Sworn to before me this ............... ../.?....z~'. ...... day of ........... -~ ......................, 19...~...."~. The Suffolk Times Road, Southold, New York,,on THURSDAY, JUNE 23, 1§83 commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hear- ings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. 4~, Greenport. 7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the fruntyard area at 370 Harbor'Road, Orient, NY; County Tax Map Parcel No. 1000-t}27-04-006.. 7:40 p.m. Application of BRUCE AND PATRICIA STEWART, Schoolhouse Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficien~ sideyard setback at 370 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PA- PANTONIOU, 55370 C.R. 48, Southold, NY for a Variance to No. 10~0-139.01-019. ;~'" 8:20 p.m. Application of, DOUG AND KARIN CON-~ STANT, 555 Village Lane, Orient, NY for a Variance to, the Zoning Ordinance, Article III, Section 100-31 - for permission to coristructl addition to dwelling with an insufficient rearyard setback, at 555 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-25-2-5.1. 6:25 p.m. Application et MRS. GRACE E. KENNEY, ~20 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-~4 ' for ]~ermission to construct ~add~tion (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000.0~-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct swimmthgpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed Map, Lot 222; County Tax Map the Zoning Ordinance, Article Pfkrcel No. 1000-111-012-006 & III, Section 100-32 for 007. (William B. Smith, agent) permission to increase size of i ~ 3:45 p.m. Application for existing garage which is ~/ DAYSMAN MORRIS, by located in the sideyard area, Rudolph H. Bruer, Esq., Main at55370C.R. 48, Scuthold, NY; Road, Southold, NY for a County Tax Map Parcel No. Variance to the Zoning 1000-052.03.026. '- , ' ~ '."~- Ordinance Article Vl, Section 7:50 p.m. Application Of 100-60 iA) & (B)'to store RICHARD AND DONNALEE materials in the open area RELYEA, 1060 Foxhollow upon this parcel, zoned B- Road, Mattitack, NY for ~i~' Light Business. Location of Variance to the Zoning Property: 405 Kirwin Ordinance, Article III, Section Boulevard, Greenport, NY; . County Tax Map Parcel Nq~ t00-32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-006- 023. 7:55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31, 100-34, for permission to construct bathroom addition to dwelling ~8~0~53.02.006. ~ ~- ' d ~ 9:00 p.m. Recesse ~learing; Appeal No. 3099t ~pplication for DOROTH~ ~-I~ISE/RI AL REALTY .,~ORP., By Rudolph H. Bruer, ~Esq., Main Road, Southold, i'~.NY - garage and tennis court ~Yon vacant parcel. East Hyatt Road, Southold, NY. . ' . ~'9:t5 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as-attorney, "~: Front Street, Greenport, NY for an Interpretation of "skin leaving an insufficient care clinic" as a home sideyard setback, at 143~"~ occupation under Article I, Hobart Road, Southold, NY; Section 100-13, Definitions. County Tax Map Parcel No. Location of Property:. 26165 10~0.064.002-012. _ Main' Road, orient, 'NY; 8:00 p.m. Applicatioz{ of ~'CUTCHOGUE FREE L1- BRARY, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section ~00-70(B)[1] to eStab- llsh library use in the existing building in this B-1 District, at 28735 Main Road, Cutohogue, NY; County Tax Map Parcel No. 1000-102.054)22. 6:10 p.m. Application of CUTCHOGUE FREE LI- BRARY, Main Road, Cutchogue, NY for a Variance tn th~ Zoning Ordinances' LEGAL NOTICE NOTICE IS HERE~y GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Soathold Town Board of Appeals at the Southold Town Hall, Main County Tax Map Parcel No. .. 1000~18-03-23. ' :: ~ ' Dated: June 10,1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARDP. GOEHRINGER CHAIRMAN For ~rther information concerning the above hearings, please contact Linda Kowalski, Secretary of z/the Zoning Board of Appeals, ~' at 765-1809 ( or 1802). ~ 1TJ 16-4276 . ~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~:aren ,Team Rysko of Greenport, in said County, being duly sworn, says that kll/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is s printed copy, has been regularly published in said Newspaper once each week for one weeks succeooively, commencing on the ~ day of ,Tune 19 8} HELEN ~. DE VOE PUBLIC, State mt New York ?17875, Sutfelk Cmunty Kpzres March 30. Sworn to before me this day of ,Tune 19 83 MAp parcels No. 1000-102-0S- 23 iud 2J. 8:15 p.m. AppljesUon for Ir~'rHRYN LI~~vB. ~ Scott L Afl)racht, West View Drive, Mani~:L N.Y. for u Variance ~ III, Section 100-32 for __~__-oey building (~atage) in the aide yasd area, at 855 West View Drive. Mattock, N.Y.; Coun~ Tax Map Parcel No. 1000-139-01-019. 8:20 p.m. Application of, {)OUG AND KARIN CON-~ STANT, 555 Village lan&,' Orient, N.Y. for a Yariance to the Zoning Ordinance, Article HI, Section 100-31 for per- mission to construct addition to dwelling with an insuf- ficient rearyard setback, a! 555 Village lane, Orient, N.Y'.; County Tax Map Parcel No. 1000-25-2-5.1. 8:25 p.m. Application of IVlRS. GRACE E. KENNEY, 2020 East Gillette Drive, East lVlarion, N.Y. for a Variance to the Zoning Ordinance, Article HI, Sections 100-31 and 100-34 for permission to construct addition (two-ear garage) with variation to the previous ap- peal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, ion, N.Y.; County Tax Map , Parcel 1%. 1000.038.03.020. 8:35 p.m. Application of FRANK IVIESSINA, Box 368, Runkonkoma, N.Y. for a Var- lance to the Zoning Ordinance, Article HI, Section 100-32 for permission to construct swim- ntingpeol in the frontyard Road, Cutchogue, N.Y.; Nam. sau P~int l~ded Map. I~! 222; County Tax Map Parcel No. 1000-111-012-006 & 007. OVil- liam B. Smith, agent). 8:45 p.m. Application for DAYSIviAN MORRIS, by Ru- dolph H. B~uer, Esq., Main Read, Southold, N.Y. for Variance to the Zoning ance Article VI, Section 100- 60(A) & (B) to store materials in the open area upon this parcel, .zoned B-Light Busi- · ness. Location of Property: 405 Kirwin Boulevard, Oreenport, N.Y.; County Tax Map Parcel No. 1000-53-02-006. p.m. Recessed lng; Appeal No. 3099. Appli. cation for DOROTHY tRIAl. REALTY CORP., Rudolph l-l. Road, Southold, N.Y,- and tennis court {l~el. Eaxt Hyatt Road Sout~mhi. N.Y. 9:!5 p.m. ApjHk~ttou IREN£ PAPADAKIS by cJuel J. Hall Su~et, Oreenpert, N,Y. for an. lntorpreintion of "skin cafe ella}o" as a home occupation under Article 1, Section 100- 13, Del'tuitions. Location of Prupefi~: 2616S Main Road, Orient, N.Y.; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1~83. BY ORDL~I OF THE soUTHOLD TOWN RoARD OF APPEALS GERARD P' GOEI'IRINGER, CleAN COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ../. ........... weeks successively, commencing on the /~ ~ day~ ........ .~ .................. 19......E~..' Sworn to before me this ,/[ z~' day of 19 ~"-~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE OF CHANGE PLEASE TAKE NOTICE, that the following appeal application is hereby RE-SCHEDULED for public hearing to be held THURSDAY, JUNE 23~ 1983 at 9:00 o'clock p.m. before the Southold Town BOARD OF APPEALS at the Town Hall, Main Road, Southold, NY; Appeal No. 3099 - DOROTHY REISE/RIAL REALTY CORP. for a Variance to Krticle III, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel at 675 Private Road No. 18A (East Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Dated: May 19, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above, please contact Linda Kowalski, Secretary of the Board of Appeals at the Town Hall, Main Road, Southold, NY; (tel.) 765-1809. Instructions to newspapers: Please publish once, to wit, Thursday, May~, 1983 and forward one affidavit of publication to the Board of Appeals, Main Road, Southold, NY 11971. Copies personally delivered to L.I. Traveler & Suffolk Times 5/16/83. Copies by mail to: A.B. Tohill, Esq. for opponents in above matter R.H. Bruer, Esq. for applicant Posted on Town Clerk Bulletin Board 5/19/83. May 11, 1983 Southold Town Zoning Board of Appeals Town Hall Main Road $outhold, New York 11971 Re: Appeal NO. 3099, Application of Dorothy Reise (RIAL Realty Corp.) Dear Sirs: Our client, Mr. Peter Capone (RIAL Realty, Corp.) was just in our office and I advised him that the public hearing on the above matter had been adjourned to May 27th. Mr. Capone tells me that this date causes real problems for him. Based upon my former advise that the hearing had been adjourned to May 19th or 20th (as per the unofficial minutes of the April 20th meeting), he cleared his calendar for both these days in order to be available for the hearing. As Mr. Capone must be in England on the 26th, it is impossible for him to appear at a May 27, 1983 hearing. We would like to emphasize that Mr. Capone was relying upon a hearing the 19th or 20th and set up his schedule based upon those dates. Can we possibly have a date in June for this hearing, in order to accomplish the purpose of the original adjournment which was to permit Mr. Capone's attendance. Please advise. NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions 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 at the Southold Town Hall, Main 'Road, Southold, New York, on ~FRIDAY, MAY 27. 1983_com- mencing at 7:30 p.m. and as follows: .. 7:30 p.m. Application for REV. WILLIAM J. HILLIARD by Irving L. Price, Esq., 828 .two-family use, second-dwell. mg unit having less than the required 850 square feet of living area; at 59670 C.R. 48, $reenport, more particularly identified as County Tax Mai} Ho. 8:40 p.m. Application of JACK LEVIN, North Road, Greenport N.Y., for a Special Exception to the ZoniPg Ordin. ance, Article III, Section 100, 30lB}[1] for permission to ~onvert existing dwelling into two-family dwelling use on a minimum two-sere parcel Io- csted at the south side of C.R. 48, Greenport, N.Y.; more particularly identified as County Tax Map Parcel No. I000-44.4-5. /"'~S:00 p.m. Recessed Hear- ing: DOROTHY REISE (Own- er) and RIAL REALTY CORP. (Contract Vendee) by Rudolph H. Rruer, Esq. Tennis court and garag~ East Hyatt Road, N.Y. ,~ny persons' desiring to be heard concerning the above matters should appear at the · a=times and place above noted. as If additional information i~ needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 e (or 765-1802). ;o Dated: April 27, 1983. -a; BY ORDER OF THE o; SOUTHOLD TOWN aa: BOARD OF APPEALS aa~ GERARD P. GOEHRINGER, .. ', , 1T.5/12/83(87~V, aal{ ~oll aq; 8uuosuods ' X iq ploqlnoS '~0{{# ?sod uo!~ rang ~ion °!ga'l aq; o; s)i'ueq:} ;lU~;aea ' [420 o pua~xa o; lisUX ~u,. q y !uu¥ q;s[ aq; s!qI uO ,n of COUNTY OF SUFFOLK ss: STATE CF N~¥ YORK Patricia Wood, being dL!;y sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / man once each week for ........................................ weeks successively, commencing on the ............... ./?...~. ........... day .......... ~i~ ............................ ' 1 9'"f'?'" ~. Sworn to before me this .............. ./...~.....d. ........ day of ............. .................... , o% 19 ........ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for REV. WILLIAM J. HILLIARD, by irving L. Price, Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-23 and 100-32 for permission to re-locate accessory structure in the front/side yard areas at Heathulie Avenue, Fishers Island, NY; Minor Subdivision Map of Smith-~illiard #155, Lot 3; more parti- cularly known as County Tax Map No. 1000-9-6-5.2. 7~35 p.m. Application for HILDEGARD MORAND, Dy Irving L. Price, Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition, attaching nonconforming accessory structure, leaving an insufficient sideyard setback (as a principal structure), at 935 Old Shipyard Lane, Southold, NY; Founders Estates Map 834, Lot 107; County Tax ~[~p Parcel No. 1000-~-05-~1. 7:40 p.m. Application of WILHELM & SILKE FRANKEN, 75 Carroll Street, Brooklyn, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with an insufficient frontyard setback, at Osprey Nest Road, Cleaves Point Section I, Map 2752, Subdivi- sion Lots 14 and 15, at Greenport; County Tax Map Parcel No. 1000-35-6-22, 23, 24. 7:45 p.m. Application of BURKE E. LIBURT, 1420 King Street, Orient, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory horse barn in the sideyard area, at 1420 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-040. 7:50 p.m. Application of JOHN GRIGONIS, Main Bayview Road, Southold, NY, for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (A) & (B) for permission to construct a!new dwell- ing in this B-Light Business District at 860 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-70-7-16.2. Page 2 Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting 7:55 p.m. Application of ALFRED AND ZINA HULL, 333 Pearl Street, New York, NY 10038, for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and alter existing building which would exceed 50% of the fair market value of this structure, requiring a variance to continue or reinstate a second- dwelling unit in this "A-Re§idential" District, at 3630 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-04-004. 8:05 p.m. Application of SOUTHOLD LUMBER CO-;, INC., Youngs Avenue, Southold, NY, for a Variance to the Zoning Ordinance, Article XI~ Section 100-119B for permission to erect fence exceed- ing 4' in height along the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Southold, NY; County Tax Map No. 1000-63-02-030.1. 8:10 p.m. Application of HENRY PIERCE, 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32 for permission to construct accessory storage building in the front and side yard area at 2615 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-086-02-1.2 8:15 p.m. Application for ROBERT T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in area and 120.85 feet of road frontage, at the north aide of Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-86-6-16. 8:25 p.m. Application of JOHN AND JANET FLOWERS, 400 Con- klin Road, Mattituck, NY for a Variance to the Zoning O~dinance, Article III, Section 100-32 for permission to construct garage in the frontyard area, at 400 Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577, Lots 24 and 25; County Tax Map Parcel No. 1000-139-04-006. 8:30 p.m. Application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct deck which will exceed the maximum lot coverage of existing and proposed structures, at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. 8:35 p.m. Application of JACK EEVIN, 59670 C.R. 48, Greenport, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(B) [1] and 100-31 for permission to use the existing dwelling for two-family use, second-dwelling unit having less than the required 850 square feet of living area, at 59670 C.R. 48, Greenport, Page 3 - Legal Notice of Regular Meeting and Public Hearings Southold Town Board of Appeals May 27, 1983 Regular Meeting more particularly identified as County Tax Map No. 1000-44-4-5. 8:40 p.m. Application of JACK LEVIN, North Road, Greenport, NY, for a Special Exception to the Zoning Ordinance, Article III, Sec- tion 100-30(B) [1] for permission to convert existing dwelling into two-family dwelling use on a minimum two-acre parcel located at the south side of C.R. 48, Greenport, NY; more particularly identi- fied as County Tax Map Parcel No. 1000-44-4-5. 9:00 p.m. Recessed Hearing: DOROTHY REISE (Owner) and RIAL '~EALTY CORP. (Contract Vendee) by Rudolph H. Bruer, Esq. Tennis '~ourt and garage on a vacant parcel. East Hyatt Road, Southold, Any persons desiring to be heard concerning the above matters should appear at the times and place above noted. If ~dditional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at 765-1809 (or 765-1802). DATED: April 27, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, May 12, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following on or about Wednesday, May Personal Delivery: L.I. Traveler-Watchman 5/1~/83 Suffolk Times 5/10/83 Supervisor's Office Town Clerk Bulletin Board Chairman, ZBA & members Town Board members Vic Lessard Building Inspectors 11, 1983: By Mail Irving L. Price, Jr., Esq. for Rev. Wm. J. Hilliard Hildegard Morand Mr. and Mrs. Wilhelm Franken and Mr. John Geidemann Mr. and Mrs. Burke E. Liburt Mr. John Grigonis Mr. and Mrs. Alfred Hull Southold Lumber Co., Inc. Mr. Henry Pierce and Mr. John Geidemann Mr. and Mrs. John Flowers Mr. Richard E. Sullivan Mr. David S. Horton Mr. Jack Levin Rudolph H. Bruer, Esq. for Robert T. Kroepel, D.D.S. Dorothy Reise/Rial Realty Corp. ATTORNEYS AT LAW MAIN RDAD April 18, 1983 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Dorothy Reise and RIAL Realty Corp. Dear Sirs: The above application is presently scheduled for public hearing at your regular meeting on April 20, 1983. Our client, the president of RIAL Realty Corp., after making every effort, finds it will be impossible for him to attend this public hearing in person. On my client's behalf, I hereby respectfully request an adjournment of this hearing to the date of your mid-May meeting. Your cooperation in this matter is greatly appreciated. April 11, 1983 Board of Appeals Southold Town Hall Main Road - S.R. 25 Southold, N.Y., 11971 Gentlemen: Enclosed find copy of notice sent us from Edson & Bruer, Attorneys- at-Law, there in Southold. It states that their client wishes to build a tennis court and garage adjacent to our property. We feel we must object to this; and hope you can take this up at the meeting we understand is to be held there in Southold on April 20th. As we cannot attend this meeting, we do hope this note can be read at this meeting. Certainly, we are quite upset about this; we feel we would not have privacy any longer. No "quiet haven' to escape to, as in the past! Please accept this letter as two votes against this proposal, as we are joint property owners. Thank you, Yours truly, Catherine Garcia Renee Sileo BOARD OF .APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of RIAL REALTY CORP. to the Board of Appeals of the Town of Southold TO: Mr. Albert Garcia 189 Oak Street West Hempstead, N.Y. 11552 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ i~~ intention of the undersigned to petition the Board of Appeals of the Town to request~ (Special. Exception) (Special Permit) (O::heri.. [circle choice] of Southold ). 2. That the property which i, the ,ubiecl of the Petition i~, located adjacent to your property and is des- cribed as follows: 675 Private Rd. #1SA-Hyatt: Road.East~ $outhold~ N.Y. SuEEolk County Tax Map des£qnation: 1000 - 0S0 - 03 - 009 3. Thatthepropert¥ whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" - Residential/Agricultural 4. ThatbysuchPetition. theundersigned willrequestthcfollow~grelief: permission to construe a tennis court and detached qaraqe on the subject vacant property. 5. Thai the provi~,ion* of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ar~cle III Sect/on 100-30 (A & B) 6. That withi~ five days from the date hereof, a written Pethion 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 Board of Appeals; that a notice uf 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,'~he publication of such notices; that you or your representative have the righ! to appear and be heard at such hearing. Petitioner Rud/olph H. Bruer, Attorney for Pet it lone r Post Office Address Main Road, P.O. Box 1047 ~I3'~O§°iO"'E . ., NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regu- lar Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on Wednesday, April 20, 1983 at the Southold Town Hall, Main Road, Southold, New York, commencing at 7:30 p.m. and as follows: 7:30 p.m. Applieetinn for ROBERT AND JOANNE De- VOE, by Irving L. Price, Jr., Esq., 828 Front Street, Green° port, H.Y. for a Variance to Section 280-A, New York Town Law, for approval of acces~ over a private right-of-way located off the north side of Main (S,R. 25) Road, at Ter- ry's Point, Orient, N.Y.; Par- cel in Question: Subdivision Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02- 001.2. 7:35 p.m. RECESSED HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 b Grand Avenue, Mattituck,~x'~ N.Y.; County Tax Map Parcel No. 1000.107-01-005. 8:15 p.m. Application for JOHN F. AND MARY Mc- FEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, N.Y. for a Variance to the Zoning Ordinance, Ar- ticle HI, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing f~ontyard location of existing garage structure. Location of Property: South Side of Pecon- ic Bay Boulevard, Laurel,; County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application og<l~ ANNE POLASHOCK, 570 Third Street, New Suffolk, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will ex- ceed 20% of lot coverage. Location of Property: East Side of Third Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000.117-09-021. 8:25 p.m. RECESSED HEARING: Application for NORTH FORK BAPTIST CHURCH, C.R. 48 and West- ~Road, Mattituck, N.Y~ p.m. Application fo.i~ DOROTHY REISE (Owner), and RIAL REALTY CORP. (Contract Vendee); by Ru- dnlph H. Bruer, Esq., Main Road, Southold, N.Y. for Variance to the Zoning Ordin- ance, Article m, Section 100- 30(u) and (B) for permission to construct' garage and tenni~ court with fencing, for prlnci- pal use on this vacant parcel. ~ lx~a~un of Property: 075 Pti- · vete Road No. 15A (East Hyatl Road). Southold, N.Y.; County bTax 'Map Parcel ~o. lO00J -- ~ to be ~persuns wtshmg to b heard concerning the above COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............................. ! ..........weeks successively, commencing on the / ¢ ~ Sworn to before me this / ~/:~ day of ................. .............. , LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section IdR7 of the Town Law and the ovisions of the Amended e of the Town of Southold, egular Meeting and [he ollowing Public Hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983, at the Southold Town Hall, Main Road, Southold, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 320 Front Street, Greenpoct, NY for a Variance to Section 2B0-A, New York Town Law, for approval of ac- cess over a private right-of- way located off the north side of Main (S.R. 25) Road, at Terry's Point, Orient, NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17- 02-001.2. 7:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and anpther, by William B. Smith, 22~ Mechanic Street, Southold, Ny for a Variance to the Z(Ining Ordinance, Article III, S~ction 104)-31 for approval of two lots having insufficient area and width. Location of Property: Lois 23, 24 and 25 of Suffolk, Ny; County Tax Map Subdiv~p of Jonathan il Parcel No. 1000-117~. T. Ove~ more particularly is 0:25 p.m. App~]~ for known~_4$0 Town Harbor ~ NORTH FORK BAPTIST Lane, Southold, NY; County · CHURCH, C.R. 4~, Mattituck, Tax Map Parcel No. 1000-0~4- N.Y. (Recessed from March 05-12 and 13. :~ 23,1~,). , 7:50 p.m. Application for N. · ~5 p.m. Application for CHARLES AND SYLVIA fDOROTHY REISE (Owner) DeLUCA, by Richard F. Lark, -~ and RIAL REALTY CORP· Esq., Main Read, Cutchogue, -,~ (Contract Vendee), by NY for a Variance to the T]' oR~u~do~lph~ H. Bruer, Esq., Main Zoning Ordinance, Article III, , k Road, Southold, NY for a Section 100-31, Bulk Schedule ~' I ,,--, ....... for permission to construct :1 Ordinance, ArticlelII, Section one-family dwelling with deck ? 100-30(A) and (B) for addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000-86-2-part of 1. 7:55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section 200-A, New York Town Law, for approval of access over a private right-of- way located off the south side of Main (S.R. 25) Road, Orient, NY; Parcel in Ques- tion: 1000-019-01-010. 8:00 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale,E . Main Road, Druwel SqV~; Jamesport, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 & 100-71, Article VIII, Sections 100-80 & 100-81 for permission to establish retail sales of boats on this 17,193 sq. ft. parcel, in a B-I Zone. Location of Parcel: 13175 Main Road, Mattituek, NY; County Tax · Map Parcel No. 1000-140-03- 038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Main Road, raweffS ', Jamesport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[14][I$] for permission to utilize premises [or boat sales on the premises m question zoned B-1 General Business, which use is permitted in a C-Industrial District by Special Exception. Location of Property: 1~175 Main Road, Mattituek, NY; County Tax Map Parcel No. 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 100~167-01-005. 8:15 p.m. Application for JOHN F. AND MARY McFEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing front- yard location of existing garage structure. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street. New permission to construct garage and tennis court with fencing, for principal use on this vacant parcel· Location of Property: 675 Private Road No. 18A (East Hyatt Roadh Southold, NY; County Tax Map Parcel No. 1000-50-3-9. '--'~ny persons wishing to be heard concerning the above matters should appear at the times and place above specified. For additional in- formation, please contact Linda Kowalski, Secretary, at 765.1~09 ( or 765.1002). DATED: April 5, 19~3. · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TA14-4220 tOF NEWYORK ) )SS: ~TY OF SUFFOLK ) .... ~"]...._...?..u..~..~.~¥.~..o..~ ........................ of Greenport, in said County, g/she is a representative o! THE SUFFOLK TIMES, a weekly .aper, published at Greenport, in the Town of Southold, County :olk, State of New York, and annexed is a printed copy that has regularly published in said newspaper once in each week ~fl ......... week(s) successively, commencin8 the..1...~.~.~, day ?..i.. ,~. ..................... 19....,.8..}. ............... 14th to before me this ............................................ ..... ~.p~.~, ..................... 19.......~.3. ......................... HELEN K DE VOE 3TARY PUBLIC, Stale ol New York No 4707878, Suifoik Count¥~ ' Term Exp,es M~rch 30, 19,~_$ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK1 Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 c~KIUTHDLD, L.I., N.Y. 'llg?l TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant-to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the north side of Main (S.R. 25) Road, at Terry's Point, Orient, NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02-001.2. 7:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and another, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-064-05-12 and 13. 7:50 p.m. Application for N. CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct one-family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map Parcel Ro. 1000-86-2-pa~t of 1. 7:55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the south side of Main (S.R. 25) Road, Orient, NY; Parcel in Question: 1000-019-01-010. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 8:00 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Variance to the Zoning Ordinance, Article VII, Sections'100-70 100-71,Article VIII, Sections 100-80 &100-81 for permission to estab- lish retail sales of boats on this 17,193 sq. ft. parcel, in a B-1 Zone. Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) [14] [15] for permission to utilize premises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C-Industrial District by Special Exception. Location of Property: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 107-01-005. 8:15 p.m. Application for JOHN F. AND MARY McFEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing front- yard location of existing garage structure. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning ordinance, Arti61e III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-021. 8:25 p.m. RECESSED HEARING: Application for NORTH FORK BAPTIST CHURCH, C.R. 48~a~d Westphalia Road, Mattituck, NY. Pag'e 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 !000-!2~ 02 C12~!. '(.Recessed from }{arc.h 23, 1983) ~ 8:35 p.m. Application for DOROTHY REIS~ (Owner) and RIAL REALTq ~ .CORP. (Contract Vendee); by Rudolph H. Bruer, Esq., Main Road, ~outhold, NY for a Variance to the Zoning Ordinance, Article III, ~/Section 100-30 (A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel.~ Location of Property: 675 Private Road No. 18A (East'Hyatt Road), outhold, NY; County Tax Map Parcel No. 1000-50-3-9. J Any persons wishing to be heard concerning the above matters should appear at the times and place above specified. For addi- tional information, please contact Linda Kowalski, Secretary, at 765-1809 (or 765-1802). DATED: April 5, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, April 14, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. (Tel. 765-1809). Copies to the following on or about Monday, April 11, 1983: Suffolk Times, Inc. (personally delivered) L.I. Traveler-Watchman Inc. (personally delivered) Town Clerk Bulletin Board Mr. Victor Lessard (Building Dept.) Supervisor Pell Town Board Members Irving L. Price, Jr., Esq., Attorney for Robert and Joanne DeVoe Abigail A. Wickham, Esq., Attorney for Ernest H. Prussner Mr. William B. Smith, for Andrew Krupski Richard F. Lark, Esq., Attorney for N. Charles and Sylvia DeLuca Twomey, Latham and Shea, Esqs., for Lula Mae Latham Philip J. Cardinale, Esq. for Roger L. Munz and Victor Catalano Mr. Roger L. Munz Mr. Victor Catalano Mr. Henry J. Pavlak Gandia Associates, Inc., for John F. and Mary McFeely Mrs. Anne P61ashock Mr. Gerry L. Horton, for North Fork Baptist Church ~North Fork Baptist Church Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise) OFFICE OF THE ~OWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Soulhold. New York 11971 1 ELF;PIt()NE (5161 765-1801 March 15, 1983 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3099 application of Dorothy Reise 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. /'/~d'ith T. Terry~ ~ Southold Town Clerk JTT/bn Enclosures · RECEIVED TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Town Clerk Sou[i]old APPEAL NO. DATE 3/15/83 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) .R..I.~.,...i~..._A~....T..Y.....C...O..R..P..: ......................... of ..2..0....~.~..d..r...e..y.....A...v..e..: ......................................... Name of Appella,nt Street and Number Oyster Bay, N,Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~3./~,.~..8.~. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Dorothy Reise, Owner .... g ./9....R..!...AL.......R~...~ .T..Y.....C...O..R...P. :..,....a...s....~ .o. ~ ~.~ c t vendee Name of Applicant for permit of 20 Audrey Ave., Oyster Bay, N.Y. 11771 Street and Number Municipality State (X)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ~.7.,5..P...r..i.y,a..t..e..R..d.: ..~..1...8..A./.H.~att Rd:..E.:. .......'.'A." Street Use District on Zoning Mop X X Mop 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.) Article III, Section 100-30(A & B) 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 prev,ous appeal ~ (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 ...................................................................... ( ) ( ) REASON FOR. APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appellant desires to construct a tennis court and detached garage on the subject vacant property. ~'ol~rt ZB1 (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Appellant would be unable to construct the desired tennis court and detached garage on the subject vacant property. 2. The hardshipcreatedis UNIQUEandisnotshared by ali properties alike in the immediate vicinity of this property and in this use district because the construction proposed is considered by the Southold Town Building Inspector to be an accessory use, and his interpretation of the Town Code is that one cannot have an accessory use without a primary structure. Appellant simply desires to construct a tennis court and garage for use in conjunction with his residence located a short distance from the subject property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Appellant is not proposing an additional residence in the area, simply a recreational and garage facility which will enhance the neighborhood and further insure its remaining in its present state. SFATE OF NEW YORK COUNTY OF SUFFOLK SS RIAL REALTY CORP., by: Sworn to this ..... ,1..5..t...h. ................................ day of ...........~F~.~g.h.. ................................ 19 83 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of RIAL ILEALTY CORP. to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~~tention of the undersigned to petition the Board of Appeals of the Town of Southold to request aQVariance)~pecial Exception)(Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 675 Private Rd. ~18A-Hyatt P. oad W, ast, $outhold, N.Y. Su££olk County Tax Map desiqnation: '1000 - 050 - 03 - 009 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" - Residential/Agricultural 4. ThatbysuchPetition, theundersigned wilJrequestthefoJlowingrelief; permission to construct a tennis court and detached qaraqe on the subject vacant property. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed arc Article III Section 100-30 (A & B) 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) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitionc~/ Rudolph H. Bruer, Attorney Peti%ioner Post Office Address Main Road, P.O. Box 1047 Southold, New York 11971 (516) 765-1222 for NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mrs. Dorothy Reise Mr. Albert Garcia Mrs. Ann B. Lewis Ms. Nijole ~xk~ Kudirka P.O. Box 38, Southold, N.Y. 11971 189 Oak Street, West Hempstead, N.Y. 11552 97 Port Washington Blvd., Roslyn, N.Y. 11576 192 Second Avenue, New York, N.Y. 10003 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Mary Diana Foster , residing at (No ~) McCann Lane, Greenport, New York . being duly sworn, deposes and says that on the 15th day of March ,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 opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (~i~ mail. Sworn to before me this 15th day of March ,19 83 ~ Notary Public NOTARY PUBLIC, STATE OF NEV~ RESiDiNG IN DUTCHESS COUNIY NO. 4~2666 COMMISSION ~ES ~, 30, 19~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of;Occupancy No..Z. 1. ] .SJ.~ .......... Date ........ ~.a.r.q h...7 ................. 1 9S. 3.. THIS CERTIFIES that the,l.q~. ..... . .............................................. Location o£ ?roperty .6.7.5. ..... ~.r.~. v..a.t.e..~.d.:. ¢? J .8.~.,. i~. ¥.a.t.t. ?.o..a.d..E.a.s.t. .... .S. qu..t.h.o.l.d.... House No. Street Hamlet County Tax Map No. 1000 Section . . .05.0 ....... Block . 0.3 ............ Lot . . .0.0.9. ........... Subdjv'Jsion . .X. ............................ FLled Map No. X. ....... Lot No. X. ............ conf6rms substantially to the applicable provisions o£ ~he Zoning .... Code of the Town o£ Southold. The premises are located in the ....... 'A" Residential-Agricultural Zone District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the requirements o£ the Zoning.. is a single and separate lot. Code. This This lot has access to Private Rd. #18A--Hyatt Road East, an access in an Open Development Area approved by the Planning Board on December 3, 1957. Also, Zoning Board of Appeals, #3006, Harino, July 17, 1982. The certificate is issued to of the aforesaid -Z0t. - MICRAEL & DOROTHY REISE (owner, l~'s~.~r-f~v~rTt-] ................... _. //~ ~ Building ~nspector / ']~STRUCT~OHS: -: ~6) ~ order ~o answer ~he questions ~n ~h~s shor~ EXF ~ ~s assumed '~ ~ha~ ~he pzapaxaz w~X usa_ aurzan~y ava~Xab~a ~nfocma~&an conaaxn~ng project and the likely impacts of the octio'n. I~ is not expected that additional studies¢ rescorch or olher invesiiDotions will be (b) If any question has been answered Yes the p~oject may be si~nlficenl (md o complete¢ Environmenlol Assessmept Form is necessery. (c) If all quesiion2 hove been answered No it is likely that this projccl is no% 5ignificon[. , · (d) EnvJ ronraanial Assessment . ~. ~ project resu~-in a large physical change to ~ha projec~ silo or physically alter more th ...... Yes ~ an 10 acres of land? ................. , 2. ¥/ill there ba ~ mo jar change ~0 any unique or -unusual land form Found on ~he si%~? ........ Yes k No 3. ¥1ill projec'[ alter or have a large effect on existing body of water? ..................... __Yes Y 4. ¥Iill project h~ve a potentially large impoc~ on groundwater quoli~y? ..................... Yes ~ 5. ¥/ill projec~ significantly effect arainaDe. flow on ~djocent sites? ...................... .:~ Yes ~ 6. ¥Iill projec~ ~ffecl any threatened or andonDezad plan~ or animal species? ......... Yes. Y 7. ¥]ill projec~ result in a major adverse on air quslily? ............................... Yes X No 8. Will project have a major elf col on visual character of the communi~Z or scenic views or vistas known ~o'be important to ~he comrnuni~y?. Yes, X_No 9. ¥/ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo 10. ¥7ill project hove o major effect on existing or future recreational opportunities? ......... Yes..~No 11. ¥,'ill project result in .major traffic problems or. cause ~ major effect to existing transportation systems? Yes y 12. Will project .reout~rly cause objectioncble odor5~ noise~ blare, vlbrolion~ or electrical disturbance os o rcsull of the project's tion? ' Yes YNo 13. ¥~'ill pro joel hove any impact on public he~lth ar .safety? .................................... Yes Will p~ojec[ off ecl the existinD community by directly causing a 9rowlh i~ permanent populo%ion of more than 5 pcrcc9t over o uae year period or hsve o major neuotive effect on the character of the community or 15. Yes ~ No neighborhood? ................................. , , Is there public coatra',,ersy concerning the projecto Yes /~ No PREPARER'S SIGH/,IURE / '2>~,~.~.~~//~..~//~-~.' REPRESENT]NC RTAL REALTY CORP. ('Peter Capone) DATE 3/Z5/83 3/15/83 (Today's DaCe) To: Re: Southo!d Main Road Soar! of Appeals 11971 Appeal Aselication of Location of Proper5y: RIAL REALTY CORP. 675 Private Rd. %18A-Hyatt Rd. East, Southold, N.Y. (1000-50-3-9) Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regu!a[ions, 6 NYCRR, Part 661, and Article 25 of the New York Stane Environmental Conservation Law, please be advised that the subject property iQ the within appeal appiicaticn: (please check one box) [ ] Play be located within 300 feet of tidal we~iands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 fee% in length.* [ ] May b~ located within 300 feet of tidal wetlands; however, constructed alone the water-lying edge of this properny is a bulkhead in need of (minor) (major) repairs, and approximately feet in leng%h. [ ] Hay 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 locatedwz~nzn'~' ' 300 feet of tidal wetlands; and there is nc bulkhead or concrete wall existing ~on the premises. not -[ X] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] S~seSe 1 y yours, ' ~ Ru~o£ph H. Bruer NOTE: If proposed project fails wit~tin D.E.C. jurisdiction, approval must be received an.d submit{~d to our office before your application can be scheduled for a public hearing. ........... "." ....... ~--~,---' .... ~.,.< .... · - -}/': .." i ,~ i '< ' I ~o.¢> , ,.~OUTNOLD