Loading...
HomeMy WebLinkAbout3097 North Side S.R. 25, Orient Q(~ 4~20~83 CA-approval of access over a pvt. R.O.W. 17-2-1.2 Southold Town Board of Appeals NAiN I~I=IAD- STATE EOAD 25 SOIITHOLD, L.I., N.Y, 11971 TELEPHONE (516) 705-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3097 Application 'Dated March 10, 1983 (Public Hearing bald 4/20/83) TO: 'Irving L. Price, Jr., Esq., attorney for [Appellant(s)] MR. AND MRS. ROBERT DEVOE 828 Front Street Greenport, NY 11944 At the above appeal on your [X] a Meeting of the Zoning Board of Appeals held on April 27, 1983 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 , Section [ ] Request for The public hearing on this matter was held on April 20, 1983. Upon 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: Subdivision Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02-001.2. The board made the following findings and determination: By this appeal, appellants seek approval of access over a private right-of-way commencing at a point located at the north side of the Main Road and extending northerly approximately 480 feet to the begin- ning of the Subdivision of "Jonathan D. Stern at Orient". The right-of-way extending within the subdivision in question is not within the purview of this board. The 480' application width of 33 nine and 12 right-of-way as shown on survey submitted wit~ this surveyed by Van Tuyl and Son June 25, 1970 has a legal feet and has a varied traveled, improved width of between feet. The macadam top course is broken in some areas. Also, for the record i~ is noted that the subject right-of-way is traversed by a large number of residents in the area and is the legal access to th~se parcels and possibly others along abutting rights-of-way. In considering this appeal, the board determines tha~ the variance request is not substantial in relation to the requirements of zoning; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasibls for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: May 12, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3097 Matter of ROBERT AND JOANNE DEVOE Decision Rendered April 27~ 1983 On motion by Mr. Douglass~ seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3097, application for ROBERT AND JOANNE DEVOE for approval of access, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:' 1. That on the first 148 feet, more or less, of macadam be patched with bituminous material where necessary; 2o That on the next 265 feet, more or less, of medium-size gravel course, have placed thereupon 4" of compacted medium-size gravel (similar to present gravel) 12 feet in width; 3. That the next 82 feet, more or less, of concrete be repaired or replaced with other materials, if and when damaged. Location of Property: Subdivision Lot 3 of Subdivision of Jonathan D. Stern at Orient; County Tax Map Parcel~No. 1000-17- 02-001.2. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was unanimouSly adopted. APPgOVED SOUl, OLD TOWN Southold Town Board of Appeals MAIN R[]AD- STATE ROAD ~-5 SOUTHOLD, L.I., N.Y. 11571 TELEPHONE (516) 765~1809 APPEALS 8OARD MEMBERS GERARD P. GOEHR[NGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuan~ to 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 Irv 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 Ma 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 ~o construct one-family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic~ NY; County Tax Map Parcel No. 1000-86-2-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 April 20, 1983 8:00 p.m. Application forl RO~ER 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,Artic!eVIII, Sections100-80 &i00-81 for permission to estab- lish retail sales of boats on ~his 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. Cardinate, Esq., Main Road, Drawer W, Js/aesport, 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. New Suffolk, NY for III, Section 100-31 of existing porch. 20% of lot coverage. Street, New Suffolk, Application of ANNE POLASHOCK, 570 Third Street, a Variance to the Zoning Ordinance, ArtiCle for permission to replace and increase size Existing and proposed construction will exceed Location of Property: East Side of Third NY; County Tax Map Parcel No. 1000-117-09-021. 8:25 p.m. RECESSED HEARING: Appi~cation for NORTH FORK BAPTIST CHURCH, C.R. 48~aKd Westphalia Road, Mattituck, NY. !nsuffic!ent .... nn~ frcntage alcng ..... ~ ............ Location of 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 Proper~y: 675 Private Road No. 18A (East'Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Any persons wishing 5o 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, Lath~m and Shea, Esqs., for Lula Mae Latham Philip J. Cardinale, Esq. for Roger L. Munz and VictorlCatalano Mr. Roger L. Munz Mr. Victor Catalano Mr. Henry J. Pavlak Gandia Associates, Inc., for John F. and Mary McFeely Mrs. Anne PSlashock Mr. Gerry L. Horton, for North Fork Baptist Church ~North Fork Baptist Church Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ for peanut to constract ...... ~ ............ , .......................... at House ?~o. - ~treot ' Hamlet ~ returned herewith and disap~oved on the follow~g gro~ds . , .~.. ~(} ~..~.. ~ ......... ~.Build~ng Inspector TOW~ O~ som'~o~m ~w FROM DECiSiON OF BUiLDiNG ,NSP C'rOR DATE .~...~..0. L~.B. TO THE ZONJNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1. (We)~ ~ & ~,~..~-- ............ of .::~...~-~.~ ............................ :. ......... Nome of Appell*nt Street and Number .............. ~ ........................................ :. ....................... ~.~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... ~.). .................... DATED ..... ~..~.~..~ ...................... WHEREBY THE BUILDING iNSPECTOR DENIED TO (x) (x) Nome of Applicant for permit of ,~m~.....v.~m~..~ ...........~.c. ..... .~ ~. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~,~..~..~L..(~..,J:,~...~*..~..*...:~.i.~.A..,~.~..~..~..~r~.'.-/~ Street Use District on Zoning Map .~..~,~..~ ............. ~. ..................... ~ ~_~ ~. z~?-~-~.~ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Perograph of the Zoning Ordinance by number. Do not guote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to.the Zoning 0rdin~nce or Zoning Map A VARIANCE due .,to lagk of access (State of New York Town Law Chap. 62 Cons, Lows Art. ~6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mede 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 ~"A and wes made in Appeal No ................................. Dated ...................................................................... (X) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~ ~ (T~S~ ~O a[:~ (T.~ 9287 Fo~ ZB1 (Continue on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practica] difficulties or unneces- sary ~ARDSHIP because the d~r~ted ~-¢~'ae~c.f as s~ae?e~ aJ3om~f has ~ ~ ~ ~ ~ ~. ~d~ ~ ~ ~ ~d n~ ~y ~~~f~ 2. The hardship created is UNIQUE and is no? shared by ail properties alike in the immediate vicinit3 of this property and in this use district because :fast cf ~ ~ ~ ~y 3 The Variance would observe the spirit of the Ordinance and WOUtD NOT CHANGE THE CHARACTER OF THE DISTRICT because applican~ ~ only ~e %t~3.nc3 bis legall~ ~ STATE OF NEW YORK ) ) COUNTY OF bttte~ ) SS Sworn to this ....................... l.~,~.J~..,q. ............. day Ho~ory Public ~ L. Pric~, SJgnaturejr.j i~t fc~ Rc~:~dc Devoe ~ ~ De~oe of ............. ~ ............................... 1983 Southold Town Board of Appeals ~'~ ~°~' ~ ~°~ ~ ~°~°~',~:~"~;~;,~/~L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRiGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 11, 1983 Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 Re: Appeal No. 3097 - Robert and Joanne DeVoe 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 Mr. and Mrs. Robert DeVoe GERARb P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary HENRY E. RAYNOR, Jr., Cha/rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILL1AM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 March 10, 1983 Ms. Joanne Devoe RR 3 Town Harbor Lane Southold, New York 11971 Re: Stern Minor Subdivision Access Road Dear Ms. Devoe: The following action was taken by the Southold Town Plan- ning Board, Monday, March 7, 1983. RESOLVED that the Southold Town Planning Board accept Inspector Davis' memorandum dated February 12, 1983 regarding approval of using stone blend as an alternate material for the access road, where gravel had been recommended, within the subdivision known as Jonathan D. Stern at Orient. If you have any questions, please feel free to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Building Department By Susan E. Long, Secretary TO: FROM Henry Eo Raynor, Jro, Chairman Southold Town Planning Board John W. Davis DATE: February 12, 1985 RE: JONATHON STERN - MINOR SUBDIVISION ALTERNATIVE Y~TERIAL FOR ACCESS ROAD Gravel (Report 268) was recommended for updating the existing access road and also for the new 250 ft. ~ section to be in keeping with other gravel roads in the vicinity° I would approve stone blend as an alternate material for the roa~ where grave± naa peen recommenaea. 'l'nis ma~eri'al to be compacted and used at the widths and depths as called for wit~ ,gravel. ~ The macadam section of the road should be pa~ ed with bituminous material as noted in Report 268° HENRY E. RAYNOR, Jr., Cha~3'man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 February 9, 1983 Mr. John Davis Sterling Road Cutchogue, New York 11935 Re: Jonathan Stern Minor Subdivision Dear Mr. Davis: At our regular meeting February 7, 1983, discussed your report regarding improvements of-way on the above captioned subdivision. our Board to the right- Prior to our meeting our Board made an on site inspec- tion of this area taking into consideration the topography of the land. The Board is in agreement with your recommen- dations for the improvements, however, Mrs. Joanne Devoe has requested possible alternatives for the materials recom- mended, such as stone blend rather than gravel. Would you please supply our Board with any alternative materials for the improvement of the right-of-way that would meet Planning Board approval. Thank you for your assistance. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Mrs. Joanne Devoe By Susan E. Long, Secretary Henry E. Raynor, Jr., Chairman Sou,hold To+m Planning Board John W. Davis Report ~'e. 268 DAWED: December 28, 1982 RE: JONA~{ON D. STEB~N - MINCE SUBDIVISION R.O.W. P~3AD TO LOT # 3 1. ~he existing road in the 33 ft. R.O.W. from the State Highway to the south property line of the m~bdivision is made up of the following: 148 ft. ! of macadam, 12 ft.+- wide, 4" in depth on sand and loam. 265 ft.% of medium size gravel, 10 ft. wide, 3"± depth on sand and loam. 82 ft. ± of concrete, 9 ft. wide, 5" in depth on sand and loam. The macadam top course is broken in some areas. ~he south ~d of the cc~crete sec- tion is 5" above the gravel. Tn,re is an asphalt patch here to ease the difference. An additional length of road, 180 ft. of medium size gravel 10 ft.! in width with depth of 3"_+ , brings the existing road into the 30 ft. R.O.W. that continues to Lot # 3. ~he 30 ft. R.O.W. has been recently staked out to Lot # 3. Ih.re is evidence that there was a road at one time in t~ds R. 0.W. At present it is more or less grassed over. Test probes showed a mixture of shells, stone and gravel for depths of 2"~ . T~e road meanders in the staked out R.0.W. 3. There could be ~ drainage problem wbere the entrance R.0.W. meets the frontage R.O.W. at Lot~ # 3 and # 2. (See attached print). R~O~.:ENDA TION$: ~ccess to the 30 Ft. R.0.W. from the State Highway shollld be updated for heavy trucking and const~(i~n"equipment. ~ The macadam section sho~d be patched with bi,resinous material where necessary. 2. Place 4" of compacted medium size gravel (similar to present gravel) 12 ft. in %~dth on the gravel sections. ® qbe concrete section r, my take construction traffic. If damaged would have to be repaired or replaced with o±her material. Place 4" of compacted medium size gravel 12 ft. in ~ridth in the 30 ft. R.O.W., following the alignment of ~he prior road, to the left. hand turn (gracing started here). Place 6" of ~he above compacted gravel as a top course on the grmded section (250 ft.~* ). Some provision should b~ made for turning emergency vehicles. A graded and stabil- ized ro~d area, right and left of the access reed, in the R.O.W. in front of Lots ~1 and #2 wm~ld provide T b~rns. Medium size gravel is recommended as it would be in harmony with other gravel ro~ds in the area. Stone blend can be substituted if gravel is not available. /'4 i LEGAL NOTICE ~' ~:'' NOTICE IS HEREBY GIVEN, pursuant to Section 2~7 of the Town Law and the l]rovisiona of the Amended lode of the Town of Scuthqld, ~hRegular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983, at the Southuld Town Hall, Main Road, Southold, ~ commencing at 7:30 p.m. and ~7follows: :30 p.m. Application f~ur ROBERT AND JOANNE DEVOE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenpert, NY for a Variance to Section 280-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-1 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 Read, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and anpther, by William B. Smith, 22~ Mechanic Street, Southold, ~N¥ for a Variance to the z, qning Ordinance, Article III, Sdction 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivji~..M~p of Jonathan T. Ova; more particularly known~g~ 1480 Town Harbo~ 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. 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: 100o-o19-Ol-010. 8:00 p.m. Application for VICTOR CATALANO. by Philip J. Cardinain, Esq., Main Road, Drawer W, Jamespert, 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-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 I 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 ~or boat sales on the premises tn 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, Mattituek, NY; County Tax Map Parcel No. 1000-107-01-005. 8:15 p.m. Application for ~ JOHN F. AND MARY McFEELY, by Gandia Asseciates, 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 ex~sting p~rch. Existing and proposed construction will exceed 20% of lot coverage. Location of Property: East Side of Third Street. New Suffolk, NY; County Tax Map l Parcel No. 1000-117.!~_-~1. 8:25 p.m. App-ll-d~ for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattiinck, N.Y. (Recessed from March ~3, 19S3). 0:35 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. 1SA (East Hyatt Road)~ Southuld, NY; County Tax Map Parcel No. 1000-503-9. 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 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 1TA14-4220 ]OF NEW YORK SS: TY OF SUFFOLK ...k,/..:....~.?..~.~...a.¥..~.o..n. ....................... of Greenpert, in said ~ounty, g/she is a representative of 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 t~g ......... week(s) successively, commencing the~...4.~..~., day !.~ j:....1. ..................... 19......8..}. ............... 1 4th to before me this ............................................ .......... ~p~J.1 ..................... X9.......~.5. ......................... HELEN K. DE V~£ OTARY PUBLIC, State ot New York No. 4707878, Sutfo/k Coun?~ Term Exp,res March 30, NOTICE 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 Southuld, a Regu- lar Meeting and the following Public Hearings will be held by the Soothold Town Board of Appeals on Wednesday, April 20, 198,3 at the Southold Town Hall, Main Road, $outhold, New York, commencing at 7.'3~. and as follows: ,~'-7:30 p.m. Application fo[~ ,R,~O~BE,RT AND JOANNE De- VOE, by lrving L. l~ice, Jr., Esq., 828 Front Street, Or~n- port, N.Y. for a Variance to Section 280-A, New York Town law, fo' ' -r approval of acces~ over a private right-of-way located off the pm-th side of Main (S.R. 25) Road, at Te~- 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. '~"~/:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by Abi~ad A. Wickham, Esq., Main Road, Malfituck, N.Y. 7:45 p.m. Application for ANDREW KRUPSKI and other, by William B. Smith, 220 Mechanic Street, South. old, N.Y. for a Variance to the Zoning Ordinance, Article IH~ Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivision Map al Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, N.Y.; County Tax Map Parcel No. 1000-064- 05-12 and 13. 7:50 p.m. Application for N. CHARLES AND SYLVIA De- LUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for permission to construct one-family dwelling with deck addition with an insufficient/~ rearyard setback, at 1255 Wells Road, Pecoulc, N.Y.; 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, Rivcrhead,H;Y. for a Variance to Sbction 280-A, New York Town Law, for approval of access over a private fight-of- way located off the south side of Main (S.R. 25) Road, Or? lent, N.Y.; Parcel in Question: 1000-019-01-010. 8:00 p.m. Application for ROGER L. MUNZ and VIC* TaR CATALANO, by Philip J. Cardinale, F_sq., Main Road,]~ Drawer W, Jamesport, N.Y. for a V ~qriance to the Zoning Ordinance, Article VI1, SOq- tions 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-! zone. Location of Parcel: 13175 ~ Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140-03-038. COUNTY Of SUFFOLK ss: STATE OF NI_~W YORK Patricio 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 ............................. .J .......... weeks successively, commencing on the / V'a~ day ............................ 19....:... Sworn to before me this ................................ day of 19.....ff...~ 17,193 sq. ft. parcel, in a B-I zone. Location of Parcel: 1317S Main Road, Mattitnck, N.Y.; CoUnty Tax Map Parcel No. 1000-140-03-038. ~ 8:05 p.m. Application for ROGER L. MUNZ and VIC- TOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W. Jamesport, N.Y, for a Special Exception to the Zoaing Ordinance, Article, VIII, Section I00.80{B) [15] ~Ifo~ pel~izsion, to utilize premises for boat sales on th~ premises in question zoned B-1 General Business, which use is permitted in a C-Indus- trial District by Special Excep- tion. Location of Property: 13175 Main Road, M~ttituek, N,Y.; County Tax Map Parcel No. 1000-140-73-038..,..~i i ' 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, N.Y. for a Variance to th~ Zoning Ordinance, Article HI, Section 100-32 for permissioB to construct accessory garage structure in the sideyard area. Location of Property: Grand Avenue, Mattituck~,~ t N.Y.; County Tax Map Parcel No. 1000-107-01-005.; ~ ' 8:15 p.m. Application for JOHN P. AND MARY FEEl. Y, by Gendia Associates, Inc., 19 Brookfield Road, Northport, N.Y. for a Variance to the Zoning Drdinence, Ar- ticle m, Sections 100.31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line; and establishing frontyard location of existing garage structure. Location of Proparly: South Side of Pecun- ic Bay Boulevard, Laurek County Tax Map Parcel No, 1000-128-02-009.1. 8:20 p.m. Application ANNE POLASHOCI(i 570 Third Street, New Suffolk, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to replace and increase size of. existing porch. Existing and p~oposed construction will ex- ceed 20% of lot coverage. Location of Property: East Side of Third Street, Hew Suffolk, N.Y.; CoUnty Tax Map Parcel No. 1000-117419-021, 8:25 ,p.m. RECESSED I-IF_.ARING: Application for NORTH FORK BAPTIST CHURCH, C.R. 48 and West- phalia Road, Mattituck, N.Y. 8:35 p.m. Application for ~ORO~h~ lU~s£~ (Owner}/' and RIAL REALTY CORP. (Contract Vendee); by dolph H. Bruer, Esq., Main Road, Southold, N.Yi for Variance to the Zoning Grdin- alice, Article HI, Section 100- 30(&) iud (B) for permission to COnstruct. garage and tennis court with fencing, for princi- pal use on this vacant parcel, Location of Propetty: 675 Pti- rate Road No. 1SA (East Hyatt Ro~), ~_uthold, r~.¥._; County_ Tax Map Parcel No. 1000- 50-3-9. Any persons wishing to be heard concerning ~he above matters should appear at the time and place above specl- Bed. For additional informa>~ rios, please contact Linda Ko- walski, Secretary, at 76S.1809 JUDITH T. TERRY TOWN CLI~ RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 10, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3097 application of Robert & Joanne DeVoe 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. ISL4~lfl (~) COUNTY OF SUFFOLK Real Proper,y Tax Service AgencyJ~_,~£? RECEIVED TOWN OF SOUTHOLD, NEW YORK MAR kI~P~,~.~FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~-~d~)~ 7 '1%~1 ~ ~ DATE ..~..~,~..~?~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .,,, . R~t D~ & J~ D~ . ~ Vi~ Av~e N~me of Appell~,nt 5tree~ ~nd Number P~c N~ Y~k ............................ HEREBY APPEL TO Municipality S~te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. (None) DATED March 9, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO (x) (x) (x) Robert Devoe & Joanne Devoe, his wife Nome of Applicant for permit of Sound View Avenue Peconic New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Terry's Point, Orient, N.Y. A Residential/Agricultural Street Use District on Zoning Map Minc~ Subdivision Jonathan Dwight Stern 3 Tax Map No. 1000-17-2-1.2 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.) N/A 3. TYPE OF APPE.AL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance N/A and was made in Appeal No ................................. Dated ...................................................................... (X) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that even though deed to applicants (Liber 9287 page 464) includes a 30 foot wide eas~ent frc~ the subdivision to the Main Road and has been in use for at least fifty (50) years and is in as good conditicm as has been during all those years, the Building Inspector as stated above has denied the Building Permit. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the delhi, ed eas~t~te~'ttw a~ st~3r~3d a]:xTv, e, ~ ~ in 1.~e fc~ ~ fifty (50) years in substantially the sa~e condition as at present by many lot owners. To deny applicant the same use would not only produce practical difficulties ~r unnecessazy hardship but would be discriminatc~y and constitute a denial of appli- cant's cc~stitutional rights of equal treatment. It w~uld be a distinct monetary hardship to require applicant to improve this fifty (50) year old road which is presently being used by so many other pecple. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because most c~ s~e~ properties a~e presently legally using same access and many have been for fifty (50) years with the access being in essentially the s~e condition. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant would only be using his legally deeded right of access in oaL,Lon with others presently using same. STATE OF NEW YORK ) ) COUNTY OF ~T_~ ) SS Sworn to this ............. ../.~...._~... ................... day Robert Devoe and Joanne Devoe of .............................. 19 83 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ROR~ DEVOE and J~ DEVOE to the Board of Appeals of the Town of Southold TO: MR. JC~ATHAN D. MR. ANTONIO PEREZ, JR. and wf 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) ' ....... 2. That the p. roperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Noi~ch by Long Island S~und; East by land of Perez; South by land of Stern and West by land of Stern. Designated on the Suffolk County T~x Map as District 1000, Section 017, Block 02, Lot 001.004. 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: A variance due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3) signed areS' ThatArticlethe provisionsN/AOf the SouthOldsectionTOWn Zon~]~gACOde applicable to the relief sought by the under- 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 may 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 thc 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. IRVING L. PRICE, JR., ESQ. as_Agent for retitione? R ~ u~,r~ DEVOE Post Office Address 828 L~.ORT S~P,~'i' GRk~NPORT~ NEW YORK 11944 NAME JCNATHAN D. $'±'.~N AN'rONIO PER, Z, JR. and wife PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS MAIN ROAD ORI~Tr, NEW YORK 11 3406 CLAY STRoll' SAN FRANCISCO, CAT.TF P28 7137 5 P28 713781' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO Mr. Jonathan D. Stern STREET AND NO Ma~n Road PO STATE AND ZIP CODE ~rient, N.Y. 11957 POSTAGE $ CERTIFIED FEE ¢ ~ SPECIAL DELIVERY ¢ u' RESTRICTED DELIVERY ,? ~ SHOW TO WHOM AND ¢ ~u~ r,~ CATE DELIVERED I ~ ~ SHOWTO WHOM DATE !~ ~ ANDADDRESS OF ¢ ~ -- DELIVERY ~ ~ ~ SHOWTOWHOMANDDAfE ~ ~, SHOW TO WHOM DATE AND == ADORESS OF DELIVERY WITH ¢ RESTRICTED DEUVERY TOTAL POSTAGE AND FEES ~=OSTMARK OR DATE 3/10/83 STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: KATHY M. KLINGE , residing at County Route 48, Southold, New York , being duly sworn, deposes and says that on the /O~FI 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 Scut.hold ; that said Notices were mailed to each of said persons by (certified) '~;:g:.;:;;';~) mail. Sworn to before me this /~h~q day~ March ,19 83 Notary Public 0 4J 0 0 c~ 0 © 0 0 0 0 SflOR'i HVI!OHHi£NTAL ASSESShtm'ql ~ ']IISTRUCT]ONS: .i~ ~ (a) ]~ order to answer the questions in this short EAF it is assumec " that the preparer ¥,iZl use. currently available information concerning the project and the likely impacts of the octio'n. It is not expected that odditiona} studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be signi£icant and a completed Environmental Assessment Form is necessary. (c) ~F aZZ questions have been answered No it Ss likely that this project ~s not signi£icont. . '.. (dj Environmental Assessment .. ~. ~'l±~L project resuZtin a large physical change to the pro,eat site or physically alter more than l0 acres of land? ........................ Yes 2. ¥1ilZ there'be a major change to any unzque o~ -unusual land form found on the sits? .......... Yes 3. Y/ill pro~e(:t alter or have a large' effect on . existing body of water? ....................... Yes, 4. W±lZ project have a po±entially large impact on groundwater quality? ....................... Yes ' 5. ¥/ill project significantly effect drainage flaY! on adjacent sites? ........................ Yes, q 6. %'/ill project affect any threatened or endangered plant or onlmol species? ........... Yes. 7. ¥;ill pro3ec~ result in o major adverse effe~t Yes on air quality? ............................... . . 8. ¥1ill project hove o major effect on visual character of the community or scenic views or vistas kno¥1n to:be important to the community? Yes ~'~No 9. %';ill project adversely Jmpoc~ any sile or .. structure of historic, prehistoric or poleoniologicol importance or any site designated os s critico! environmental ~rea 10. ¥1ill projec~ h~ve o major e~f&ct on existing or future rccrcotionol opportunities? ......... . Yes 11. ¥;ill project resull in .major {ferric problems o~ cause o major effect %o existing 12, %;ill project .regularly couoe o ec odors, ~oise, glare, vibration, or disturbance os o result of %he project's tion? ' Yes ~No opera .................................... 13. ¥/ill projec~ have any impact on public health or.sa[a~y? .................................... Yes~No 14. %'/ill p~ojec~ o~fec~ ~he cxis~ing communi%y direc[ly causing a growth in permonen~ papule[ion of more ~hon 5 perccg~ over o one year period or have o major nega~ive on Lhe character of ~he community or neighborhood? ................................. Yes ~ No 15. ls there public con[rovarsy concerning project? ...................................... ~cs ~No (Today's Date) To: Southold Town Board of Appeals Hain Road Southo!d, NY 11971 Re: Appeal Application of TF~ Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] ~[ay be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be 'located within 300 f~e~= ~ of tidal wetlands; however, constructed along the water-lying edge of this p_o~_~y is a bulkhead in need of (minor) (major) ~ ' ~epalrs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or .... con~._~e wall existing on the premises. not appear to 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.] (Signature please) NOTE: If proposed project falls wit~lin D.E.C. jurisdiction, approval must be received an~ submitted to our office before your application can be scheduled for a public hearing. .,'.[ . _', .'.i .... . . .'..".t . ... ISL,41VO I Property