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Home My WebLink About3094~es~phalia Rd., Mattituck ' 3/23~83;;~/20/83 D-aPproval of/lo~ having insuff, area& frontage° ~L~/~a i ~ 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. 3094 Application Dated March 3, 1983 TO: Mr. Gerry L. Horton for NORTH FORK BAPTIST CHURCH 600 Eastward Ct. Mattituck, NY 11952 (Public Hearings 3/23/83 and 4/20/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on MAY 27, 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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held on March 23, 1983 and on April 20, 1983, at which time the hearing was declared closed pending deliberations. Upon 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, Bulk Schedule, for approval of lot having insuffi- cient area and frontage along Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-141-02-021.1. The board made the following findings and determination: By this appeal, appellant seeks a variance to Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of a proposed Lot #3 of this proposed three-lot Minor Subdivision located at Matti- tuck, NY. Parcel No. 1 would contain an acreage of 2.14; Parcel No. 2 would contain an area of 40,013 square feet, and Parcel No. 3 would contain an area of 20,000 square feet. Parcels 1 and 2 would have a frontage along C.R. 48 of 243.96 feet and 254.36 feet respectively; and Parcel No. 3 would have frontage along Westphalia Avenue of 100 feet. Article III, Section 100-31, Bulk Schedule, of the Zoning Code as amended May 16, 1983, requires a minimum lot area of 80,000 square feet and a minimum lot width (road frontage) of 200 feet for parcels in the "A" Residential and Agricultural District. It is noted for the record that prior to May 16, 1983, the Bulk Schedule required a minimum lot area of 40,000 square feet and a minimum lot width of 150 feet. Upon inspection of the premises in question, the board finds the following structures existing: Parcel 1: church, two portable structures, 1½-story frame house, concrete basketball court and an accessory building to the northeasterly-most side; Parcels 2 and 3 are vacant. In considering this appeal, the board determines: (1) that the variance request is substantial in relation to the requirements of the zoning code; (by more than 50%); (2) that the difficulty can be obviated by a method feasible to appellant other than a variance; (3) that the circumstances herein are not unique; and (4) that by allowing the variance, detriment to adjoining properties may be created. (OVER) DATED: June 7, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3094 Matter of NORTH FORK BAPTIST CHURCH Decision Rendered May 27, 1983 It is also the findings of this board that the applicant has demonstrated practical difficulties, and accordingly, the variance must be denied. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3094, application for NORTH FORK BAPTIST CHURCH for approval of lot having insufficient lot area and width, BE AND HEREBY IS DENIED. Location of Property: C.R. 48 and Westphalia Avenue, Matti- tuck, NY; County Tax Map Parcel No. 1000-141-2-21.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Doug- lass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY TI,IF~ SOUTI~iOLD TOWN CLERK / ~EunI~eR~ ff9FTHRINGF, CHAIRMAN APPEALS BOARD MEMRERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONI$ JR. SERGE DOYEN. JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI Southolcl Town Board of Appeals MAIN ROAD- C=:TATE Rr'IAD 2S SFIUTHE]LD. L.I., N.Y. TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant-%o Section 267 of the Town Law and the Provisions of the ~mended 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 No. !000-86-2-pa~t of ~. 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 ~pril 20, 1983 8:00 p.m. Application forl RO~ER Lo MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Variance to the Zoning Ordinance, Article VII, Sectionsq100-70 100-71,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, Jamespor~, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) [14] [15] for permission to utilize premises for boa5 sales on the premzses in question zoned B-1 General Business, which use Ks 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 Proper~y: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 107-~1-005. 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 Streak, NY; County Tax Map Parcel No. 1000-117-09-02~ /~HU__R~H, C E. 48~a~d Westphalia Road, Mattituck, NY. O~-inancc, Artic!c III, Section !OO-2! fcr apprcval cf lot ~havin~ Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 8:35 p.m. 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. 1000-50-3-9. 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, Ap. ril 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 P~lashock YLr. Gerry L. Horton, for North Fork Baptist Church ~North Fork Baptist Church Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ...... ; ......................... To .~.~..~...~...~.......~.O..~.~?..~..' .... ;... ~. ~f. ...~...~7...~.~ ....... /~ ~z~ ~ ~~~ · ,.~.~.~..~..7: ...... ~~: ~ ~ PLEASE TAKE NOTICE that you~ ~.~.~ dat.ed ' House No, Street County Tax Map No. t000 Section .../~ .Sz'./. ....... Block ....~..~. ....... Lot .~.~. f.~.~?..~. [... Subdivision ................. Filed Map No ................. Lot No. is returned herewith an~d di, sapprove~d on the following grounds .~-~'~. (&~.~.(Og9 .C7.~..~)~ ~ ~ ~ ~ ~.. ~~: .~ ~. ~f~ ~ ~. ~. ~... ~ .... '. ~-~.. ~ ~.~. ~-.~. ~ ~..~. ~ ~.: ~c ...... B~ld~g Inspector RV 1180 TOWN OF ~OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF: APPEALS, TOWN OF SOUTHOLD, N. Y. ~:Q..O:........~E 1 (We) ' .......:.?..:.....T..¥...~.,:,~....,.~.~..,z..'....M,..,.O..,,~..e&..~t .......... t.'~....O..'..~..~.:l. ...... .......... Name of ADpellcmt Street--and Number Municipality Stbte THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUj~LDI/NG INSPECTOR ON APP ,C ,oN F:OR PERM,T ..................................... ..... ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...... Name ~'~'~'lic~nt ~or permit of ~ ~q~ud~q~ Of.. ........... ~.).~.~ ......... ~. , Street and Number Municipality State (~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY ..~%~...~.:..,.~ ........................... Street Use District on Zoning Mop /...~...?..o....z...,/..4. ~. ........................ ¢2~. !. .: .9. . .0. ...' ............ Iv~p No Lot No. 2 ~ROVISION (S) OF THE ZONING ORDINANCE APPEALED dndicate the Article Section, Sub- section and ;aragraph of the Zoning Ordinance by number. Do not quote the Ordinance ) 3 TYPE OF APPEAL Appeal is made herewith for (.'~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ¢ ) request for e special 2ermit ( ~ reouest for o variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (%X~) A Vorionce to the Zoning Ordinonce ~s requested for the reason that L/dC_, ~¢ ¢¢~,~ ' ' ~ (¢t&~ ~orm Z]]l (Continue an other side) REASON FOR APPEAL Con tinued 1 sarv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE wouJd proauce practical difficulties or unneces- 2 vic~nir~ of this property aha in this use district because The hardshiD created is UNIQUE ann is not snarea by all properties alike in the immediate 3 The CHARACTER OF THE DISTRICT because would observe the soirit of the Ordinance and WOULD NOT CHANGE THE Notarx Public ~uffoLi County Department of ~I~' H. Lee Dennison E×acutive 9ffice Euildin~ Veterans ;lemorial lli~hx~ay I!auppauce, i!e~z York 11737 Town of Southold Board of Appeals July 21, 1983 Gentlemen: Petitioner: Mun. File No.: S.C.P.D. File Uo.: North Fork Baptist Church 3094 SD-83-11 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: The Board of Appeals shouid cautiously exercise its discret- ionary power in ~ranting such substanlard lot area variances which only serve to undermine the effectiveness cf the zoninK ordinance~ alter the character of the area and establish a precedent for the continuance of such a practice. Very truly yours, Lee E. Koppelman Dir~ctor of Planning GGi!: fp Southold Town Board of Appeals MAIN I~0AD- STATE ROAD 25 SKIUTHOLD, L.I., N.Y, llCJ?l TELEPHONE (516) 765 1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3094 Applicant: NORTH FORK BAPIST CHURCH Location of Affected Land: Westphalia Road, Mattituck County Tax Map Item No.: 1000-141-02-021.1 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was denied COMMENTS: Applicant ~Mx~5~ permission to have lot 20,000 square feet in area. Copies of Town file and related documents enclosed herewith for your review. Temp. ~ecretMry, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI $outhold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SDUTHOLD. L.I.. N.Y. llg?l TF[ FPHONE (516) 765 1809 June 7, 1983 Mr. Gerry L. Horton 600 Eastward Ct. Mattituck, NY 11952 Re: Appeal No. 3094 - North Fork Baptist Church 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 Planning Board North Fork Baptist Church GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary WE THE UNDERSIGNED OBJECT TO THE DOWN ZONING THAT THE BAPTIST CHURCH IS REQUESTING ON THEIR LOT FACING WESTPHALIA ROAD: 30. 31.c 33. 34. 35. 36. 37. 38. 39. 40. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55. 56 57 58 ~ WE THE UNDERSIGNED OBJECT TO THE DOWN ZONING THAT THE BAPTIST CHURCH IS REQUESTING ON THEIR LOT FACING WESTPHALIA ROAD: Address Westphalia Road Mattituck, New York March 17, 1983 Southold Town Board of Appeals Main Road Southold, New York 11971 Gentle,hen: I am writing this letter in objection to the proposed minor subdivision of the North Fork Baptist Church, Route 48, Mattituck. As an adjacent property owner, I feel Lot #3 does not conform in shape or size to the surrounding lots in the area. The width of the property is going to make it impossible to build a house without the adjoining houses being too close together. There is also the possibility it may present a problem with water supply and sewage. I hope the board members will take my disapproval into consideration before making a decision. t~uly yours, Pamela McCaf fery BOARD OF _AP_PEALS, TOWN O__F_ S~O_U [~HO_LD !n ,~e Matter of the Petition of to the Board of A_p_peals of the Town of Southold TO: ~. Emil Rosenfeld NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOIICE: 1 [ha! it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to ~e~,~:~l a (Variance) (Special Exception) (Special Permif) (the following relief: {ae~,~r,r,~t~ 4~v~._a~- . . 2. [hat the property whi( h is the subject of the P;'tition is located adjacent to your property and is des- cribed ~sfollows. 'L~wfh That the property which is the subject of such Petition is located in the following zoning district: 4. [hat by such Petition, the undersigned will request the following relief: 5 I nat the pro~;slnn, of the ~,,.,. ' , Jd [ov, n ;oning Code applicable to the ,eiief ~ought hv ~he under- 6 That within five da)s f,o ) Lhe date hereof, a written Petition requesting the relief ~peci~ed al~ve will t.e f J, .I i~ the Southold Town Cl,.r!..'s Office at Main Road, $outhold, New York and you may then and there exam~e the same during regutas o~tice hours. (516) 7~5-~809. 7. I hat before the relief sought may be granted, a public hearing, must be held on the matter by the R:)ard of Appeals; that a notice of ~uch hearing must be published at least five day~ prior to the date of such : ,-qng ;n the Suffolk Times and in tL,t L'-,ng Island Tra~eler-Mattituck Watchman. newsparer? published in the ~, ~f' S,,u~hold and designated for J;c p,~hlication of such notices, that you or .~our reprr~entatlve have the n,%h! t: ,.'.,~ ~]r and be heard at such hearing. Board of appeals, Town of Southold PetiHoner Post Office Address _ Co~ffc._j~ ?~oad ~ _=~ ~ t_~J._t_~.k._~!_ ] i q ,i~ ............ 3/14/83 Re-down zoning of Baptist ChUrch property. Dear Sirs: As a neighbor whose property adjoins that of the Baptist Chruch, I protest the effort to down zone to put three houses onlah~t that is real%y sufficient for one. I woudl protest down Zoning anywhere in Southold Town. Southhampton is now proposing a five acre minimum. ~o~you we~l.know-, all of their land and mine ~s on land fill. Souihg~q~&r conditions should be a consideration in this or we will all be ~ln~ng saltrwater.. Again, Dowl~ zoning does n~ serve Southold Town resluen:s or me ~roductzvel_~y. " Sincerely, Mrs. Emil Rosenfeld HENRY E. RAYNOR, Jr., Chairman · TAMES WALL BENNETT ORLOWSKI, Jr, GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. T ~LD Southold, N.Y. 11971 April 13, 1982 TELEPHONE 765 - 1938 Mr. Gerry L. Horton 600 Eastward Ct. Mattituck, New York 11952 Re: North Fork Baptist Church Dear Mr. Horton: At our regular meeting held, Monday, Arpil 12, 1982 the above captioned subdivision was discussed. The board noted lot #3 as being a substandard lot because it does not meet the required 40,000 square feet. Any proposal having a substandard lot must follow procedures for subdivision involving the Zoning Board of Appeals and Planning Board. I have enclosed a copy. for your information. Before we can proceed with this subdivision, we must have a copy of denial from the Building Inspector's Office. Kindly submit this to our office as soon as possible. Thank you for your cooperation. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. / cc: Board of Appealsv/ By Susan E. Long, Secretary LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section ?_d7 of the Town Law and the ovisions of the Amended e of the Town of Southqld, Regular 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, commencing at 7:30 p.m. and as follows: 7:30 p.m. Applgcation for ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 528 Front Street, Greenport, NY for a Variance to Section 230-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 tther, by William B. Smith, Mechanic Street, Southold, for a Variance to the lng Ordinance, Article III, ion 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and ~5 of Suffolk, NY; County Tax Map Subdi~p of Jonathan f Pll;cel No. 1000-117.0o~MIk ,T. ~ more parti, c. ul .~ly ~ ~'~:25 p.m. Lane, S-outhold, Y; County ' ,~CHURCH, C.R. 4~, Mattituck, Tax Map Parcel No. 1000-064- 4, ~ N.Y. (Reeeesed from March 05-1.?died 13. . iX ] 23, 1983). 7:50 p.m. Application for N. , ~:35 p.m. Application for CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, ~ Esq., Main Road, Cutehogna, j 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, Peconie, NY; County Tax Map Parcel No.: 10004~-2-par 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 290-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 Quea- ! fion: 1000-019-01-010. 5:00 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 10070 & 100-71, Article VIII, Sections 100-80 & 100-51 for permission to establish 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 100-50(B)[14][15] for .~orrmission to utilize premises 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: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. IF NEWYORK ) 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 I ~' OF SUFFOLK ) Grand Avenue, Mattituck, NY ! for a Variance to the Zoning ~[ CrLls-~a~rs OlO- n! Ordinance, Article III, Section ~.......?. .......................................................... Greenoort, in said County, 100-32 for permission tel construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. i000-107-01-005. 8:15 p..m. Application for · JOHN F. AND MARY MeFEELY, by Gandia Associates, Inc., 19 Brnslffield 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 Pecunic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128.02-009A. 3:20 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 poreh. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street New 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 ~earage and tennis court with ecing, 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. 1000-50-3-9. Any 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 Kowaiski, Secretary, at 765-1809 (or 765-1802). DATED: April 5,1983. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TA14.-4220 1 4rtl to before me this ............................................ ~ .......... J.I;L~J..~ .................... 19.......~.}. ......................... HEkEN ~ DE VOE OTARY PUBLI~, State of New York No 470787~, Suifolk County.~,..,~ '~erm Expires March 30, 19gL~ g/she is a representative o! THE SUFFOLK TIMES, a weekly .aper, published at Greenport, in the Town of Southold, County ioik, State of New York, and annexed is a printed copy that has Ireguiariy published in said newspaper once in each week !lLfl ......... week(s) successively, commencing the**'l**~.-h*-- day ..................... ............... VOE, by Irving L. Price, Jr., Esq., 828 Front Street, Green- port, N.Y. for a Variance to Section 280-A, New York Towa Law, for approval of access~ over a private right-of-way located off the pot'th side of Main (S.R. 2S) 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. 7:3S p.m. RECESSED --- e:Iv p.m. 'Appncifff6n or- HENRY .IOHN PAVLAK, 3505 Grand Avenue, Mattit uck, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for pennissinn to construct accessory garage structure in the sideyard area. Location of Property: 3505~ Grand Avenue, Mattituck~ N.Y.; County Tax Map Parcel No. 1000.107-01-005. 8:15 p.m. Application for JOHN P. AND MARY Mc- FEELY, by Gundia Associates, Inc., 19 Bzookfield Road, Northport, N.Y. for a Variance to the Zoning Ordinance, Ar- ticle Ill, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing f~ntyard location of existing garage structure. Location of Property: South Side of Pecon- ic Bay Boulevard, Laurek County Tax Map Parcel No. 1000.128-02-009.1. 8:20 p.m. Application o~4~ 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 '~"88:~ - - p.m. RECESSED HEARING: Application for NORTH FORK BAPTIST , CHURCH, C.R. 48 and West- ~ ~ phalin Road, Mattituck, N.Y~ DOROTHY REISE (Owner~,l &nd RIAL REALTY CORP. (Contract Vendee); by Ru- dolph Ii. Bruer, Esq., Main Road, Southold, N.Y. for a Variance to the ~'~)ning Ordin- ance, Article III, Section 100- 30(a) and (B) for permission to construct' llaragO and tennis court with fencing, for princi- pal use on this vacant parcel. Location of Property: 075 Pti- vete Road No. 1SA (East Hyatt Roadl, Sguthold, N.Y.; County_ Tax Map Parcel No. 1000- 50-3.9. Any persons wishing to be heard concerning .the above matters should appear at the time and place above speci- fied. For additional informa>~'' tion, please contact Linda Ko- walski, Socretary, at 76S-1809 (or 765-1802). Dated: April S, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEItRINGER CHAIRMAN man once each week for ............................. ! .......... weeks successively, commencing on~ / '/~ day ......................................... ;... Sworn to before me this / ~ ~:~ day of ................. .............. , 19 ........ 27 Aneatok Drivl NY 11743 for a V. Flood Plain ! I.~w, Chapter 4i for permission t below the minimum-requi for placement utilities and equ A-7 Flood Zone Property: 1010 East Marion, i Point Filed M~ Lot 60; Couw SERVICE % Dd~ndab~ Se~J~" Surf 2760 YENNECOTT DRIVE 765-3300 100-31 for a ( OcCupancy of Minor Subdivisi King, Map No adjustment of 1, tots 3 and insufficient ro~ Lot No. 3 an insufficient si~ from the erdsU Lot No. 4. contains an a Trna°- ContraCtors JOi/N KOWALSKI, ! TWIN FORK Avenue, Greenll ~II~IIMg~. P~ a a ce to Aluminum & Vinyl Siding Trim, Roofing, Leaders and' Gutters. Remodeling, Home Improvements, Blown Inenlation. - one acre. ADDITIONS ' (518 Property: wERENOVATIONS Jule Lane MROOFING765-311 County Tax No. 1000~114-12- BOB 7:40 p.m. JOHN DiVELLO, ] 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 Southeld, .' a Regular Meeting and the following public hearings .will be held by the Southeld Town; Board of Appeals on WEDNESDAY, MARCH 22, 1983 commencing at 7:30 p.m.' ..................... of Greenpert, in said County. says~/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenport, in the Town of Southold, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for........(~.~.,e. ....... week(s) successively, commencing the....1...7.~.~ day me this_12~l'~. ........................... d:.. ,,t March '19 8~. NOTARy PUBLIC, State et New York No. 4707878, Suffetk Counh,~ Term Expires March 36 ]9[~ and as follows: 7:30 p.m.. Application of JAMES AND DORIS IDLER, 27 Aneatok Drive, Huntington, NY 11743 for a Variance to th~ 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 in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Piled Map 4650, Subd. Lot 60; County Tax Map . Parcel ID No. 1000-0354)6-027. 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. ~ of Minor Subdivision of Christine King, Map No. 117, with a~,, adjustment of lot line between tots 3 'and 4, leaving insufficient road frontage for Lot No. 3 and leaving an 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 OIe Jute Lane Mattituck, NY; County Tax Map Parcel ID No. 1000-114-124)13.3 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 100-60A for.. for a Variance to the Zoning permission to construct one- Ordinance, Article III, Section family dwelling i,n,,this "C- : 100-32 for permission to Light Industrial Zone. - construct swimmingpeol and Location of Property: 605 fence in the front and side Mary's Road (a/k/a 305 Hill ~ yard areas at 9305 Sousdview Street), Mattituck, NY; Avenue, Southold, NY; County County Tax Map Parcel ID . Tax Map Parcel ID No. 1000- No. 1009.1404)24)32. 59-6-21. "~, 7:45 p.m. Application of 6:10 p.m. Application of ANN WYDEN and PEGGY· -.FRANK AND BRENDA HELLER, One Harris Court, C1CHANOWICZ, Lupin Drive/ Great Neck, NY 11021 for a and Skunk Lane, Cuthhogue, Variance to the Zoning NY for a Variance· to the Ordinance, Article III, Section Zoning Ordinance, Article III, 100-31 for permission to Sections f00-32 and 100-35, for construct screen-porch permission to construct addition with a reduced accessory swimmingpool, renryard setback at 2015 Bay detached garage, and fence Avenue, East Marion, NY; - .exceeding the maximum- County Tax Map Parcel ID,,. l~ermitted four feet within the :~,~'; 7:50 p.m. Application of Drive and 4135 Skunk Lane, ~:CHESTER M. MAYER, 2265 Cutchogue, NY; Hickory .~King Street, Orient,NY for ~ ' Acres Map ~'~1.Variance to the Zoning · :and2; CountyTaxMapParcel · Ordinance Article III Section ID Nns. 1000..97-9-15 and 16. F~100-35A for permission to erect 8:15 p,m. Rehearing in the ~/ence exceeding , the matter of ANN O'SULLIVAN, ~maximum height requirement by Rudolph H. Bruer, Esq., .~.of four feet within the .~.MainRead, Southeld, NYfora ,~*irnntyard area at 2265 King ~,~Variance for approval of ?~* Street, Orient, NY; County . access pursuant to New York i? Tax Map Parcel ID No. 1000- '. Town Law, Section 260A. ~/~024)43.2. ~:;.?.~: , · ~Location of Parcel in }. 7:55 p.m. Application of Question: 5692 Main Bayview ERNEST H. PRUSSNER, 910 Road, Southold, NY; County Old Shipyard Lane, Southold, ~ Tax Map Parcel ID Nol 1009. · NY for a Variance to the (78-441.2. :Zoning Ordinance, Article HI, .. 8:25 p.m. Application for · .Section 100-31, Bulk Schedul~0 -PORT OF EGYPT ENTER- -~tor permission to construct /PRISES, .INC., 62500 Main ; extension reducing the Road, S0uthold NY (by : rearyard setback ~ and George 3.. Cottral) for a :. exceeding the 20~ maximum : .Variance to the Zoning allowable lot coverage at 910 ; Ordinance, Article VIII, Old Shipyard Lane, Southold,. i~[Sertionl09.80Aforpermission NY; Founders Estates Map =~to construct addition with an 834, Subd. LOt 91; County Tax ;~: ~insufficinnt frontyard setback Map Parcel ID No. 1000-064-04- X~and to use proposed addition 0~ -- :~ ,'~ for retail sales in this "C-Light ~00 p.m. Application o~Industrial" Zone./,ocation of ORTH FORK BAPTIST ~Property: 62~00 Main Road, . CHURCH, C.R. 48, Mattituck, / ~Southold, NY; County Tax · ..B]Y ( by Gerry L. Herren) for a I' Map Parcel ID ~o. 1000-056-06- variance to the .~oning [ 006. . ;-¥~,:,.:~:~, Ordinance, Article III, Section ~ ~' Any pe~0n Wishing to be 100-31 for approval )of lot r heard concerning the above having insufficient area and I matters should appear at the ~o°~l.aglo~la~ognWo~S~ha.lia times and place-above · ~-nt~re~' specified or he may contact Premises: C.R. 48 and · the Secretary at 765-1809 (or Westphalia Road, Mattituck, 1802). ~ :~:.: . NY; County Tax Map Parcel ...' Dated: March 11 ID No. _ . . . : ~'.: ~ :~: BY ORDER OF '"--~'l~p.m. Application for i : THE SOUTHOLD TOWN GEORGE AND 'SYBIL BOARD OP APPEALS PENNY, by Skinny Dip Pools : GERARD P. GOEHRINGER Inc., Box 108, Mattituck, NY ~1TMi7.4i92 .~' CHAIRMAN NOT~cE iS ~i~B¥ EN, pursuant to ~ion 276 ~e Town ~w ~d the ~- sions of the Amended ~de ~e Town of ~uthold, Re~lar Meet~g ~d ~llow~g public bergs ~ be held by ~e ~u~old T~ ' ~d of Appe~s on ~- NESDAY, MAR~ ~, 1~ ~mmen~g at 7:~p.m. ~d ~ followS: :~ ~ .~:~ 7:~ p.m. Application of JAMES AND DO~S ~LER, 27 ~oatok D~ve, Hunt,on. N.Y. 11743 f~ a V~ ~e ~ ~a~ M~agem~t ~w, '~er'~, ~n ~.. ~r ~issioff ~e ~ ~low ~e eight-f~t minimum~ ~qu~d el~ation f~ pla~- m~t ~f'ele~l UtH~es ~q~iPme~t a .~i~ A:7 ~ne.' ~aion of ~: !010 Maple ~e, ~t M~- bn, N,Y.; ~eaves Po~t F~ed ~P ~, Subd. ~t ~; SKI, ~ Afl.tic Avenue, ~n, N.Y. ~r a ~ ~e ~ning O~a~, flcle, ~, ~ion 1~31 ~r a C~flcate of ~pan~ of No. 3 ~ Minor Subdivision of ~gstine King, Map No. 117, ~ ~ adjustment of lot line ~;2 p.m. Application aua'ra FO~ BA~ST ~R~, C.R. ~, Ma~ituc~ N.Y. ~y ~ L. Ho~on) for a V~ance to ~e ~ning ~di~ ~ce, ~icle IH, Se~ion 1~- 31 for app~v~ of lot hav~g ~su~cient area ~d ~ontage ~ong We~ph~ia Road, Ma~i- rock, N.~.; ~ty T~ Map P~cel ~ No. 1~-121-02-~ B:~ p.m. Application for GEORGE AND S~ PE~-~ ~, by S~ny ~p P~ls ~c., ~x 1~, Ma~ituck, N.~. for a V~ance to the ~ning Ord~- ~ce, ~icle IH, S~ion I~- 32 for permission to ~ns~ swimm~g~l ~d fence · e ~nt and side y~d ~ at 9~S ~und~ew Avenue, ~uthold, N.~.; County T~ ~P P~cel ~ No. 6-21. ' . 8:10 p.m. Application of ~NK AND BRENDA CL ~ANO~cz, ~pin ~ve ~d Skunk ~ne, Cutchogue, N.Y. for a V~ COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 ............ ff.~ ................... day ..Z../.!~k~ .......................... z ........ , Sworn to b~fore me this ........... L/.?....~.. ......... day of Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 ~:OUTHOLD, L.I., N.Y. 11c:J"71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINOER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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 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 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 fo~ permission to construct one-family 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--31-17~002. 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. ~pplication of NORTH FORK BAPTIST CHURCH, C.R. 48, IMattituck, 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- ~/-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. 8:15 p.m. 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 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 - 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 Secret&ry 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. ..................................................................... X Legal Notice of .ngs for March 23, 1983 Copies to the following on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY'11743 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 (personal delivery) Suffolk Times, Inc. (personal delivery) Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files JUDITIt T. TERRY TOWN CIIRK REGISIRARO} VITAI $1 \115; 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 March 3, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry~ Town Clerk Transmitted herewith is Appeal No. 3094~ application of North Fork Baptist Church for a variance. Also included is Short Environmental Assessment Form, letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, Notice to Adjacent Property Owners~ Notice of Disapproval from the Southold Town Building Department~ and surveys of the property. TOWN OF $OUTHOLD, NL~¥ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant ....... ~;e~"&~'~"~um~'~ ....................... ('"~" '~"~'"'~'~'~'~'"?"~; .................................. "~'!':'~'/~';Sfa .......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BI4/ILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ./../..:..~.1.?...= ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...... : ........... .\.Q ................ Name of Applicant for permit of ....... .............. ........... ............ Street and Number Municipality State (/~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..~?~..~'-~...~..;......~... ............................ ,.~.. ......... ?--~..~.,?..:..~..~...~...-y.,..~.,f~,L-_ Street Use District on Zoning Mop ........................ ............ 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.) 3. TYPE OF APPEAL Appeal is made herewith for (%/~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Artl 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request ~or 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 ~orrn zBI (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTySTATE OF NEW,,,,.~ ,,-'~- J/-- )YORK ) ~ ~.~ .~ . ss ............ ............... Sworn ,o this ............... '~'~l ................ day of ............ .~..~J'~.~.. ................ '19~'~ ELIZABETH ANN NEVILL~ ~OTARY PUBLIC, State of New Ye~ll NO, 52.312§850, Sutfolk Co~u~// t~m E~ires March ~, 1 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : The North Fork Bapt~ st Church : : to the Board of Appeals of the Town of South01d : 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) (the following relief: ~ermiss~lon to divide parcel ~'~ree parcels with Lot :~3 being less than $0,000 sq ft area ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North Fork Baptist Churcht Co. Road qgt Mattituck~ NY 3. That the property which is the subject of such Petition is located in the following zoning district: "A# 4. That by such Petition, the undersigned will request the following relief: permission to divide parcel into three Iota with lot ~) oontaimg leas than $0~000 sq ft area $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Rr~iole '" Sec~ic~ 100-3I 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southo!d Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-3.809, 7. That before the relief sought may be granted, a public hearing must be held On the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspap,ers 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: Mar 1, 1983 North Fork Baptist Church Petitioner Post Office Address Cou~t[ Road q8 Mattituck, NY 119~2 John Haas Pm=ela MoCaffery Ruth ~hitmarsh Harold Hannafin Dominick Catalano ~il Roaenfeld PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Box 321, Mattituck, NY 11952 Westphalia Road, Mattituck, NY 11952 ~estphalia Road, Mattituck, NY 11952 1290 Horton Avemue, Mattituck, NY llC~ 38 Joval Court, Brooklyn, NY 11229 County Road ~, Mattituck, NY 11952 P 442 811 2, 3 RECEIPT FOR CERTIFIED MA~ NO INSURANCE COVERAGE PROVIDED.- NOT FOR INTERNATIONAL MAIL (See ~ ev~r~e ) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Gerry L. Horton , residing at 600 Eaatward Court, Mattituck, NY 11952 , being duly sworn, deposes and says that on the 1st 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- fice at Mattituok ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be;fore ~t day of ~/z~'/~ ~'~ SHORT '~',NSTRUCTIONS: ' thai ~he preparer ,'till project and the likely impacts of the action. It is not expected that additional studies, research or other investigations tlill be undertaken. (b) IF any question has been answered Yes the project may be sight[leant and a completed Environmental Assessment Form is necessary. (c) l[ all questions have been answered No it is likely that this project is not significant. . .': (d) E~vironmental Assessment 1. ~?ill projea¢ resu'lt'"in o large physical change lo the project site or physically alter more than 10 acres of land? ........................ 2 ¥1itl there be o major change to any unique or 3 4 5 10. ¸II. 12. 13. 14. 15. EHV ] ROH~d[£1qTAL ASSESStJkiq I ans~.fer the in this short EAF it is assumed questions use. currently ovoiioble information concerning the -unusual land Form found on the site? ........... Yes ~o' ~'1i11 project alter or have a large' effect on ' existing body of ,voter? ............... 'i,%~gg~'" Y.es ~'till project have a potentially large , on groundwater quolily? ....................... es ~'till project significantly e~fecl drainage. {1o~7 on adjacent sites? ........................ Yes q ~'lill projecf affect amy lhreolened or '' ' ~ endangered plant or animal species? ........... YeS. o ~'lill project result in o major adverse e~fe~t on air quality? ................................. Yes. . o Will project have o major effect on visual character of the community or scenic views or vistas known la:be imporlont to the community? Yes . o Will project adversely impocl any site or .- structure o{ hisioric~ prehistoric or paleontological importance or any site designated os a critical environmental area by o local agency? ............ ~:...v~-.v.....7';..~._ Yes o ~'Jill project have o major e[fect on existing .~N or future recreational opportunities? ......... Yes. o ~ill project resul~ in .major traffic problems o~ cause a major el{ecl ia existing /N ' transportation systems? ....................... Yes o Will project .regularly cause objectionable odors~ noise~ glore~ vibrotion~ or electrical f th p j t' /N/o' dislurbonce os a resull o e ro ec operation? ..................................... Yes ~'~ili projecl have any impocl on public heailh or.safety?.. .............................. . . . . Yes, ~'lili p~ojec~ off ecl lbs existing community direclIy causing o gro~,~lh in permanent populolion of more lhon 5 perceol over o one year period or hove o major negalive on the character of the community or~ /No neighborhood? ................................. Yes. Is there public controversy concerning the project? ........................ ... ........... Yes. o (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Ration of 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 id 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 t00 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. [ ] not appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing Jon the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (SignatuA~ please) t,,A ,~"r'r I'l-L; r,ZiX