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Home My WebLink About2937 TOWN OF SOUTHOLD, NEW YOI~K · CT~ON OF TH~ ZO~G BOARD OF A~EAL$ Appeal No. 2937 by application Dated December 8, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Arthur F. Siemerling as agent P.O. Box 108 Mattituck, NY 11952 1981 DATE 2/19/82 Appellant at a meeting of the Zoning Board of Appeals on February was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, ( ) 4, 1982 the appeal Sections 100-32 and 100-34 1. ~P~~Hxll~!~Ing~K~K~l~[H~:~Kxll~/~Kxi~lll~<x~ption ( ) be ~a~ed ( ) be denied pursuant to ~ticle .................... Section .................... Subsection .................... para~aph .................... of the Zoning ~dinanee and the dec.on of the Building I~pector ( ) be reversed ( ) be ~Y~m~x Public Hearing 2/4/82: Application of Beverly Andrews, 145 Maple Lane, Mattituck, NY (by A. Siemerling as agent) for a Vari- ance to the Zoning Ordinance, Article III, Sections 100-32 and 100-34 for permission to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corner of Grand Avenue and Maple Lane, Mattituck, NY; bounded north by Jemmott; east by Young; south by Maple Avenue; west by Grand Avenue; County Tax Map Parcel No. 1000-107-02-part of 010. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the apirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefo: that the pre FORM ZB4 THE SOUTIIOLD TOWN CLERK Ge~' ZONli variance ( ) be granted ( ) be denied and nfirmed ( ) be reversed. GPG: lk ~rd P. Goehringer, Chairman [G BOARD OF APPEALS By this appeal, appellant seeks approval of the location of an inground swimmingpool, 16' by 32' and located northerly of the exist- ing dwelling and approximately 40 feet of Grand Avenue. At the time of inspection, the board found that there is a deck area at the northerly side of the house and stockade/chainlink fencing surrounding the inground swimmingpool. The premises in question is a corner lot with 126' frontage along Grand Avenue and 210' frontage along Maple Avenue, and containing an area of 29,448 square feet. The board agrees with the reasoning of applicant and feels that the requested location is the most practical and feasible under the circumstances. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the application for Beverly Andrews, Appeal No. 2937 as applied. Location of Property: 145 Maple Lane (Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-107-2-10. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) LEGAL NOTICE NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southdd~ a Regular Ivleet.in~__and the following public hearings have~bgen postponed t/ntil ~hltrsday, February 4, 1982 to be held by the Southold Town BOard of App~a~[s at the Town Hall, Main Road, Southold, NY, commencing at 7':'15 p.m. and as follows! ?:l$ p.m. Application 'o~f~oseph D. Posillico. Sr., 3605 Can~ IV~ineola~ti~d, lVtattituck~ NY for a Variance to the Zoning Ordinance~ Article III~ Section 100~35 for permission to construct fence exceeding four feet in height along the frontya~lt- area at 360~ Camp Mineola Road: ~lattituck~ NY; :b, ounded north by Corwin; east by ivicIV~ahon; south by the bay; west by Private Road, Corwin; County Tax IViap Parcel 1000-123-6-12.4. : 2 $ p.m. Application of ~everl,~' Andr~..ws_2~ 145 Maple Lane, Mat~ituck, (by A. Siemerling as agent) for a Variance to the Zoning Ordinance, Article III Sections 100-32 and 100-34 for permission to construct inground swimn3ingpoo'l in sideyard area on a corner lot at premises located on the corner of Grand Avenue and l~lapte Lane~ Mattituck~ B/Y; bounded north by Jemmott; east by Young; south by ~aple Avenue; west by Grand Avenue; County Tax t~iap Parcel 1000-107-02~part of 010. 7: 30p. m. Application of ~ichard Mohring~ 460 Glen Cove Avenue, Sea : N3 (by Rudolph Pt. Bruer~ Esq.) for a Variance for approval of access~ New York Town Law Article 16: Section 280A. L~cation of Proper~y: Right-of-%tay off the west side of Arshamomaque Avenue~ Soulhold: NY; bounded north by Carney; eas% by Lewis: south by the bay; west by Kohut~ Graham~ Travers Latham and Lewis. Councy Tax ~V~ap Parcel 1000-66-2-44. 7:40 p.m. Application of ARignon s. Laklorte , 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Variance for approval of access: New York Town Law Article 16, Section 280A. Location of Prop-=rty: Right-of-%Fay off the wes~ side of Arshannomaque Avenue, Southotd~ NY; bo~ded north by Lieblein; east by Lewis; south by the bay; west by ~.~ohring (formerly Clauser). County . Tax ~ap Parce~ ~000-66-2-~5. 7:45 p.m. Application of Pete~ and ~ary O'Hanlon ~ 610 South Ninth Street, New Piyde Park. NY 11040 for a Variance to the ZoninD Ordinance~ Article III, Section ~00-3l for Dermlssio, t D construct new dwetlin9 with insufficienn rearyard area at 730 Greenway West~ Orient, NY; bounded north by Trezzo; east by Stuk~; south by Kmetz; west by Greenway %~est. County Tax ~ap Parcel 1000-15-l-20 (Richard Lipman, Esq. ) '/D~ Page 2 Legal Notice of Hearings Re-Scheduled for 1982 7:55 p.m. (Recessed Hearing). Application of \qilliam J. Clark, Esq. for Joseph Yaboni and ~/~y~on Hauptman ~ lViiddle Road, Ftattituck~ NY for a Variance to the Zoning Ordinance~ Article III. Sections 100-30A and 100-32B .Yor approval of lnsuff~(aent sldeyard areas of existing buildings due to location of ~]ew tot lines. Location of Property: Oregon Road and Elijah's Lane: tVlatti- tuck, NY; bounded north by North Road and Reliable Associates; west by ~ountyTax ~ ~a~ Parcel Elijah's Lane; south by Tuthilt; east by Yaboni &ano. ~ ~' N~'. 1000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos lVtain Road, Cutchogue, NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance, A rticte VII, Section 100-70B(4) for permission to construct addition.,to prin- - cipat building in this B-1 Zone District at 37570 b'~ain Road, Peconic-Cutchogue, New York; bounded north by Iviain Road; east by Konarski; south by Horton; -d' west by Horton. County Tax lV~ap Parcel 1000-85-3-6. D~TED: January 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAtP~V~kN By Linda Kowalski, Secretary INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, ~ Thursday, January 21, 1982 and forward seven affidavits · ~ '' : ~ of publication to: Board~ of Appeals, Town Hall, Main Road., ~.~-Southold, NY 11971 on or before Jan'~ary 27, 1~82. · FOEM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date .... ~. ................................. To-=~.,.~.~.V....~&..../.~.~.....~...C~ ~O., ~.~....~..~.~..~ ......................... PLEASE TAKE NOTICE that your app coJ. i,on dated ,....~..~'.~.-C~...=~.~..--~.- / , 19 ..~...0 for permit to construct/,6(./~.../".'.(-~?...~'Z..~....~Zat the premises located at ~.~.,(~....~.......~....~,~.., ....... Mep ./.~.....=..~.~.rZ. ........ Block ............. ~.....~=... .................. Lot ..... .O...C..O.. ......... ~s returned herewith and disapproved on the follow;ng grounds ./ ........ .,./.~,~.....z../~......~.~_~.....~ r. ~.~.....~.... oz.~.L~7....c~z~.~......2.~.' 7 ' "~,9 ........................ ~...... -~.,f~ .............. ~ ~.~.~.... ~.~ .~...~:.....~. ~ .~ ...... ..=. ......... ......~ ........................... BLlilding Inspector FORM NO. I .~) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19 ... Approved ................. 19 Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPL'ICATION:FOR BUILDING PERMIT Date .,~..~.~] .. INSTRUCTIONS a. This application mpst be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets 0f plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premzses, relationship to adjoining premises or public streets or areas, and ~ving a detailed description of layout of properw must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval o£ this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e~ No building shall be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Zone Ordinance of the Town of Southold, Suffolk County, New/5%'~nd other applicable Laws, Ordinances Building or Regulations, for the construction of buildings, additions or alterations,/6r for re,royal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, J~ilding c~de, housi~ co~'e, and regulations, and to ' admit authorized inspectors on premises and in buildings for necess~ ~///-~ ........ ........... (Mathng address of applicant) State whether applicant is owner, les~e~.e, r'agerit),./a~)chitect, engineer, general contracto{, electrician, plumber or builder. /' ~ ;h (as on the t~x roll or latest deed) If applic is a or/ation, ?natur of duly au~lqlorized Officer. Builder's License No .......................... Plumber's License No ............... f ..... .... , Electrician s License No .... ~.'~ :L ........ Other Trade s License No ........ 3 ~ ........ 1. Location of land on which proposed work will be done .... : .............................. House Number Street Hamlet ,000... ........ .... .......... ............ Subdivision ..................................... Filed Map No ............... Lot ............... ~e) 2. State existing use ~d occupancy of p~mi~s a~d intended use and occupancy of proposed construction: 3. Nature of work (check whicb appli~, ale): New Building .......... Additi ........... Altera~on . ..~ .... ~... Repair .............. Removal .............. Demolition .............. Other Worl~.'C~7'~.~L 4. Estimated Cost ....................... Fee ...................... d. (to be paid on filing this application) 5. If dwelling, number of dwelling unt~ ............ Number of dwelling units on each floor......."'---7 ........ If garage, number of cars ....... f. 6. If business, commercial or mLxed occupancy, specify natux~ and extent of each tyre of use ..................... 7. Dimensions of existing struc}ures, if any: Front...~0~..~. ...... Rear ...... ~..~. .... Depth .' .~7~...'. ........ Height ............... Number of Stories .... ~ ................................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .............. Rear ............. Depth ............... Height ............... .N.,um,ber of Stories ..... {~.~- .~ 0~.. "-~-~ -~-'.~- --~.. -~. -~"0- · .¢~Z-r...,~ ............. Size of lot: Front ....... ~z~l-¢-....:..,~.,~. Rear ..... ~..~-7. (~ .......... Del~th . .fC~-. [.~-,--- ~ ........ Date of Purchase ................ /.~. ......... Name of Former Owner .. ,/~. ?... Zone or use district in which premises are situated ..................................................... Does proposed c0nstructio,~n?io,,,~are any zoning law, ordinance or regulation: .. .... ~ .~. ..................... Will lot be regraded .... 1. U.Cf.,,. ........ ,,-,. ,, .... ,.. Will excess fill be removed from premises: Yes . No Name of Owner of premiles ./~/~27~__~ tiff<fig,a.,{'J. Address ................... Phone No. a~..~7'~..~./~.~. Name of Architect . .,¢,,..'7-~.. ................... Address ...... Phone No ................ Name of Contractor .~ .f'~: . .......... Address. J~"~.' i ..... Phone No~f~/.~. 10. I1. -12. 13. I4. PLOT DIAGRAM Locate clearly and distinctly alt buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether Interior or corner lot. STA~ OF NEX~9~,/~ S.S ................................................ being duly .sworn, deposes ~d says that he ~ the applic~t (Nmme of individ~ s~ng contract) above named. He is the ................. -- :- ~ (Contracto corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before Notary Public, .~j~7~....~.-.~.. County No. 52-0344S6B Suffolk Cou_n~Srj:~/ (Signature of al~licant) {;ornmi$$ioa ~xpires March · ow. ,.w ,o,. - APPEAL FROM DE.CISION OF BUILDING INSPECTOR . APPEAL NO.~2~-'~7 '~ ' : DATE .~~. l, ~e] ............. ~ ~:~ .................. ot .................................. ~.~~,..~ ..... Name of Appellant Strut and Nu~ ..... ~ ........... ......................................... ......... H.R .Y A EAL TO Municipdi~ StYe THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................. ................... DATE~ ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO Na~qe of Applicant for permit of ....... ] ,~, ...f~.~,, ,~./..~.,,,../t...~m~.~. .......... ~;.~..,.,~....~ ........... ~.~. .................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map ....... .Z..~ .o...~../..~... 2 ......... U~.z..~..~ ........... .~ Map 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 auote the Ordinance ) 3 TYPE OF APPEAL Appeal is maae herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ~(~,~)~.~t '~?~N~,q~E~.,d, ue~k~J~o~f~.~:~ce~s~, (~t.~.f New York Town Law Chap. 62 Cons. Laws 4. PREVIOUS APPEAL A prewous appeal (he--been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ~ , request for a special perm~r ( ) request for c variance and was maae in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 (¢--~"~A Variance to the Zoning Ordinance is requested forthe reasonthat OJ~] ~ 5 ZBI ~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,. HARDSHIP because ~.~ ~': 1¢,~ gt;~;J~,~ ~ ~ ~' ~i~,~ ' ~¢ 2 The nordshtD created is UNIQUE 6nd is not shored by ali propert es alike in the immediate ,~, c n t¥ of thks'pro~erty and n th s use dstr ct because 3 The .ranance would oase~ve the spirit o{ the Oramance and WOULD NOT CHANGE CHARACTER OF. ~,THE DSTRCTbecouse // / / / Notorv Public Southold Town Board of Appeals Southold, New York Dear Board of Appeals Members: Please be advised that on the origonal application for this permit I had gone to the office of Power and Authority Struggle...OOPS I was suposed to say Office of the Building Inspector. ! saw Mr. Fisher with the building permit application and survey. I was given the nod of approval and told that as per usual the paperwork would follow. We busily went to work and built Ms Andrews swimm- ing pool and put the required fencing around it and procured the Under- writers approval. As the plot thickens, Mr. Hinderman enters the picture. He app- arently saw the paperwork ~omewhere along the way and differed in opinion with Mr. Fisher, a rare incident. Mr. Hinderman then filed a notice of Disapproval rather £han a building permit. Two week~ passed and we submitted application for the pool and fence variance for the pool and fence already installed. Someone in my office had filled out the paperwork which had several errors in it. The above transactions took place with the origonal permit being filed on August I 1980, the Disapproval notice made out on August 11, 1980 and the entire paperwork returned to my office for resubmission on November 23, 1981. My what a long time for an envelope to make it from Southold to Mattituck. Needles~ to say this has been a long go round ...... I would like it clearly understood that this is not a situation where one has sought /~ application ~r variance after the fact but through a rare dill- Department a outhold Town Boar o ea MAIN ROAD- STATE ROAD 25 ~3rlUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARO MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER~ JOSEPH H. SAWICKI Chairman February 22, 1982 Mr. Arthur F. Siemerling P.O. Box 108 Mattituck, NY 11952 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the office of the Town Clerk concerning your application. In the event your applicant has been approved, please be sure to return to the Building Department for approval of any new construction, or for a Certificate of Occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very ~ruly, GPG:lk Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P, GOEHRINGER C~3a~an ,JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 February 8, 1982 Mr. Arthur F. P.O. Box 108 Mattituck, NY Siemerling 11952 Re: Appeaal No. 2937 - Beverly Andrews Dear Mr. Siemerling: Please be advised that the following action was taken at a Regular Meeting held February 4, 1982 concerning the recent application of Beverly Andrews: RESOLVED, to approve as applied for Appeal No. 2937, application of Beverly Andrews for the construction of an inground swimmingpool in the sideyard area on a corner lot. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 4.,, · S.'m'44.'CO'W... .MAPLE' I,&,,Fqs ro ~.,,r L?°'*~'"-J .t A"/C N U £ "' fIT 772/J7/,,2.'<-/~ - f__JX~? o?/_.- ,Y,,c,. SUFFO[ 14 CO.TAk' -~ :¢' ' ' '" ' 'dAP E E.,,IGI'I>xl h_,N . ~ No~i~~ Kohut, Graham, Travers Latha~ilnd Lewis. County Tax M~ree11000-66-2-44. LEGAl, NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings have been postponed until Thursday, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, 7:40 p.m. Application of Mignon S. LaMurte, 620 Ely 'Avenue, pelham, NY (by john Bertani as agent) for a Variance for approval of access, New York Town Law Article 16, Section 200A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Lieblein; east by Lewis; 37570 Main Road, Peconic- Cutchogue, ,~w York; bounded nor~ain Road; east by Kouars~i; south by Hurtun; west by Horton. County Tax Map Parcd 1000- 85-3-6. DATED: January 14,1982. BY ORDER OF · . THESOUTHOLDTOV~I ,reenport, ~n said County, BOARDOFAPPEALS ~rrn~g TIMES, a weekly GERARD P. GOEHRINGER, ' ...... CHAIRMAN Town of Southold, County By Linda Kowalski,. Secretary IS a printed copy that has NY, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Matlltuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000-123-6- 12.4. 7:25 p.m. Application of ~l~everiy Annre'w's, 145 M~I~ _ , I _iLA. ~_Va~!ance to the Zoning the corner Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Bruer, Esq.) for a Variance for approval of access, New York Town Law Article 16, Section 230A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Soutbeld, NY; bounded north by Carney; east by Lewis; south by the bay; west by south by the bay; west by 1TJ21-3861 Iper once in each week Mohring (formerly Clauser). County Tax Map Parcel 1000- '---"'~' ........ weeg(s) suCCesslve~, commencing the..~J..P.,~-day 66-2-45. 7:45 p.m. Application of Peter and Mary O'Hanlon,.610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for dPermission to construct new welling with insUfficient rearyard area at 730 Greenway West, Orient, NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. (Richard Lipman, Esq.) 7:55 p.m. (Recessed Hearing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-326 for approval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000-100.4-6. 8:00 p.m. Application of Robert and Frank Klos Main Road, Cutchngue, NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance, Article VII, Section 100-706(4) for permission to construct .addition to principal building in this B-1 Zone District at HELEN K DE VOE Y PU,~ilC State of New York 4707,~78, Suitor;: Cou~dv I Exmres March 30, 19,~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings have been postponed until Thurs- day, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y., commencing at 7:15 P.M. and as follows: 7:15 P.M. Application of Joseph D. Posillico, Sr.', 3605 Camp Mineola Road, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article Ill:,. Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, N.Y.; bounded north by Car- win; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax B~e~ erParcel 1000-123-6-12.4,, 5 P.M. Application of j~ ly Andrews, 145 Maple Lane, Martituck, N.Y. (by A. Siemerling as agent)' for a Variance to the Zoning Ordi- nance, Article III, Sections 100-32 and 100-34 for permis- sion to construct inground swimmingpool in sideyard area on a corner lot al premises located on the corner of Grand Avenue and Maple Lane, Mat~ituck, N.Y.; bound- ed north by Jemmott; east by Young; south by Maple Ave- nue; west by Grand Avenue; County Tax Map Parcel 1000- _10%02 part of 010. 7:30 P.M. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, N.J. (by Rudolph H. Bruer, Esq.) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Lo- cation of Property: Right-of- ~:~'!. iWay off the west side of :~ )'ArShamOm aque 3~ ~'~Southv~ ~, N.Y.: tion of Pro~p~erty: Right:of Way. off the u~side of Arshamq- maque ]~L~n ue. Southold, N.Y.: bounded north by Lieb- lein; east by Lewis: south by the bay; west by Mohring (formerly Clauser). County Tax Map Parcel 1000-66-2-45. 7:45 p.M.Application o~, Peter and Mary O'Hanlon, 610 South Ninth Street, New Hyde Park, N.Y. 11040 for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient rear- yard area at 730 Greenway West. Orient, N.Y.; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenwav West. County Tax Map Parcel 1000-15-1-20. (Richard Lipman, Esq.) 7:55 P.M. (Recessed Hear- ing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Read, Mattituck, N.Y. for a Variance to the Zoning Ordi.'~ nance, Article IIi, Sections 100-30A and 100-32B for ap- proval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Matti- tuck, N.Y.; bounded north by North Road and Reliable Asso- ciates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000-100-4-6. 8:00 P.M. Application of Robert and Frank Klos, Main Road, Cutchogue, N.Y. (Chet Orlowski, Builder) for a Spe- · cial Exception to the Zoning Ordinance, Article VII, Section 100-70Bi4I for permission to,/] construct addition to principal building in this B-I Zone District at 37570 Main Road, , Peconic - Cutchogue, New York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map Parcel 1000- 85-3-6. Dated: January 14, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer, Chin. By Linda Kowaiski, Secretary 1T-1/21/82(~ COUNTY OF SUFFCII ss: STATE OF NEW yl~IK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, la public newspaper printed at Southold, ir~ Suffolk County; and that the notice of which the annexed is a printed copy, ihas been published in said Long Island Traveler-Watch- ]man once each week for ........................................ weeks fccessively, commencing on the .................................... ................. , Sworn to before me this :~/'~ day of ........ , 19 ....... .............. ................... Notary Public (~J EDITH A. G~ NOTARY PUBLIC, State of ~ Ya~ No. 52.4602497 QuaJlfied in SuffoJk County ..(~7 v ~s~n Expim~ ~h 30~ 19~ $outhold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHrlLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONrS, JR. SERGE DOYEN, JR. ROBERTJ, DOUGLASS GERARD P. GOEHRINGER~ C~ JOSEPH H. SAWlCKI PUBLIC NOTICE Please find attached copy of the Amended Legal Notice pertaining to your hearing. The date of the hearing has been postponed until Thursday, February 4, 1982 (at the same time previously scheduled) due.~to the predicted hazardous weather reports. We are sorry for this inconvenience, and if you have any questions, please do not hesitate to call our office. Dated: January 14, 1982. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Copies forwarded to: Mr. Joseph D. Posillico, Sr. Mr. Art Siemerling as agent for B. Andrews Ms. Beverly Andrews Rudolph H. Bruer, Esq. as attorney for R. Mohring Mr. John A. Bertani as agent for M. LaMorte Mr. and Mrs. Peter O'Hanlon Richard Lipman, Esq. for Mr. and Mrs. O'Hanlon William J. Clark, Esq. for Joseph Yaboni & ano. Mr. and Mrs. Charles Tyler for Joseph Yaboni & ano. Mr. Chester Orlowski, builder for R. & F. Klos Messrs. Robert and Frank Klos Memo~adum from.... BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD Tow~ HALL, SowrHOLD, N. Y. 11971 765-1802 TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-18Ol Southold, L.I.,N.Y. 11971 December 8, 1981 To; Southold Town Zoning Boardof Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2937 application of Beverly Andrews 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 of the property. ~~.r~ Town Clerk JTT/bn Enclosures TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 4 CL-~7 DATE ~ ........ ?~-~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..... ~..v~.C..~..~.......~...~...~.~..~f'...~~ -- '- .......... of .......... ..'~....~'~..~....~.~.~:~,..,.,.,.,.,.,.,.,.~..' ............. .; ...... Name of Appella,nt Street and Number ~.~fi'~ ipa-- I ~ ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION [OR PERMIT NO .............. :'[ ..................... DATED ............................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ............... ............. Name of Applicant for permit of ......... ........ ............ ..................... Street and Number Municipality State () PERMIT TO USE ) PERMIT FOR OCCUPANCY L~)CATION OF THE PROPERTY ........ ~'~'~.5~......~?....~....:..~..~____ 1. Street Use District on Zoning Mop ...... ../~.. ~ .:.-../..,e. 2, ...... ~..,¢....-..~.~ ............ ~z~..z,w~z 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 Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ,g~s~l.,Lbos noJg)been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance is requested for the reoson that ~orrn ~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because ~h~¢ i~ no o~h~ lock'on o~ ~ p~op~ ~o ~ccom~od~ ~ d~c~ ~nd pOOl c£o~¢ ~o ~h¢ ho~. Th~ ho~ i~ bordered on o~e ~ide b~ a g~rage and on ~he ~emaining.t~o ~id~, 2. The hardship created is UNIQUE artd is not shared by all properties alike in the immediate vicinity of this propert)~ and in this, use district because ,~,~/ corner no~ ~r~ ~he~ horde,red by ~r,,c~r~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 300' o~ ~h¢ pool i~¢£~. I~ STATE OF NEW YORK ) COUNTY OF ) ss Sworn to this .............. ~..~:f~,~.' .......... ~ ........ day~ ~ ....... [i ....... 19--1 ELIZAB~H ANN NEVIU. E NOTARY PUBLIC, State of NeW ¥Of~{ rio. 52-8125850, Suffolk C~n.ty Term Expires March 30, 19..~,~- ~'.MAPL'£ -(PRIVATE ~:O^P) .SUFFOi K CO.TAk' I"IAP L~E_,IC~N~xl I,.,r-~ · . ~h .AS £ LICE~ (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~-'~ Location of Property: .~-F~ 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 in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at leas~ 100 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 in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. ~] Is not located within 300 feet of tidal wetlands to %he best of my knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely~~ SNORT ENVIRONNtENTAL ASSESSI4ENT FORI4 .:'~ 'INSTRUCTIONS: .x -~-~--~) In ardor to answer the quos%ions in this short EAF it is assumed ? %h0% %he preparer will use. currently available information concerning the project and %he likely impacts at %he action. ~% is no% expected tho% additional studies, research or other investigations will be undertaken. (b) I£ any question has been answered Yes %he project may be significant and o completed Environmental Assessment Farm is necessary. (c) If all questions have been answered No if is likely that this project is no% significant. . .'. (d) Environmental Assessment 1. ~'till project result in a large physical change to ~he project site or physically al%er more Yes~o than 10 acres of land? ........................ 2. %'Iill %here be a major change %o any unique or -unusual land form found on the site? .......... Yes 3. Will project alter or hove a large effect on existing body of water? ......................., 4, %'/ill project have a potentially large impact , on groundwater quality? ....................... Yes '~o 5. Will project significantly effect drainage ~ . Yes~ o flow on adjacent sites? ....................... .- , . 6. %Vill project affect any fhreotened or Yes endangered plant or on~mol species? ........... ., .. 7. %'Jill project result in o major adverse effect Yes olity? on air qu .............. · ................. . .... 8. Will project have o major effect on visual character of %he community or scenic views or ' vistas known to:be important 1o %he community?, Yes ~. Will project adversely impact any site or .' structure of his%aria, prehistoric or paleontological importance or any site designated as a critical envlronmen%ol oreo by o local agency? ............ ~:..-~-,.v,.-...~.~..% Yes o 10. Will project hove a major effect on existing or future recreational oppor%uni%ies?. ......... Yes. 11. Will project result in.major traffic problems o~ cause o major e~fec% %0 existing ~ transportation systems? ....................... Yes. . o 12. Will project ·regularly cause objectionable odors, noise, glare, vibration, or electrical th p j %' /No disturbance OS a result of e ro ec s . ali n? ' Y oper o ............................... · ..... . es ,, 13. Will projectty? hove any impact on public health Yes ~o 14, Will p~oject affect %he exls%ing community by directly causing o gro;'F~h in permanent population of more %hah 5 percegt over o one year period o._~.~ hove o major negative effect on %he character of %he community or ~o neighborhood? ................................. Yes. , 15. ls there publzc co/~roversy concerning th project? ............................... . , ,Yes. o APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of $outhold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~ (Special Exception) (Special Pl~rmit) (the following relief: ,~ cribed as2'follows:That the ~p~__wh~ subjectc~ ~-~-'~ c:~-°f the Petition is located adjacent to your property and is des- 3. Th~th~p_roperty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Z, oning Code applicable to the relief sought by the under- signed are: [~I/ZT - ~ ~_~.e~T- /OR'- 5'....q- /Od~ 7c~ ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma}' then and there examine the same during regular office hours. ?t That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for th~publication of such notices; that you or y. qur rel!resentative have the right to aPpea, e/and be heard at such het~ing. ~ / /.~ ~ ~ Dated: ~ - ' ~ . Petitioner Post Office Addres;~. ~ P17 983.5323 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P35 2542040 ~C~l~ FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) verse side hereof, directed {o each of the above-named names; that the addresses set opposite the names of said the current assessment roll of the Town of Southold f~]( '~ ,' ~' u c //rd__ ; that registered) mail. PROOF OF MAI LING OF NOTICE P35 2542042 RECEIPT FOR CERTIFIED MAIL NO INSURAHCE COVERA~E PRUVIDED-- NOT FOR INTERNATIONAL MAIL {See Reverse) P35 25420411, RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) Sworn to. before me this ~;~ -' ~! day o[~,,~:z~, 19_o° I ,, ,, 0 Notary Public - - I ~LIZABEm ANN N~I~E ~ PUBLIC, ~ ~ N~ Y~ ~. ~-8~, ~ffolk C~n~_ T~ ~pi~ March 80, 19~ ~ day on the re- their respective persons as shown on J at the United States Post Of- each of said persons by SOUTHOLD TOWN BOAR~OF APPEAJ~S -7- July 27, 1978 THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (there was no response.) Is there anyone who wishes to speak against this application? (there was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct an unattached garage in his side yard. The findings of the Board are that due to the immense boulders and a drainage problem in the back yard, the applicant is forced to build the garage eight feet into his side yard. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Kenneth and Jerie Newman, Private Road, Orient, New York, be GRANTED permission to construct a detached, garage in the side yard. Location of property: Private Road, Orient, New York, bounded on the horth by E. W. Latham; east by E. E. Luce, Jr.; south by School District No. 2; west by M. Antonazzi. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and Tuthill. PUBLIC HEARING: Appeal No. 2447 - Upon application of Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple A~enue; west by Grand Avenue The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. John Young; Oliver and Dorothy Jemmot; Barbara Boner; Mr. and Mrs. Theodore Heuser. Fee paid $15.00. MR. BERGEN: Do I understand they are both going to front on Maple Avenue? THE CHAIRMAN: The subject premises is an oversized parcel with all of the buildings located on the southerly end of the parcel on Maple Avenue. THE CHAIRMAN: Each will have a frontage of approximately 121 feet on Grand Avenue? The southerly parcel will have 210 feet on Maple Avenue. Is there anyone present who wishes to speak for this application? GARY F. OLSEN, ESQ.: My client is u'nder contract of sale to pur- chase the subject premises from Martin Surer. I think it would be appropriate to read into the record a letter that I received from Mr. Surer stating that he is a member of %he Town Board. SOUTHOAD TOWN BOARD OF APPEALS -8- July 27, 1978 THE CHAIRMAN: I think we have a letter from Mr. Suter, which reads as follows: Southold Town Board of Appeals, Main Road, Southold, New York, Gentlemen: Please enter into your record for the hearing scheduled for 8:10 P.M. on Thursday, July 27, 1978, in the matter of Beverly Andrews, requesting a change of zone for property on Grand Avenue, Mattituck, that I am the seller of said property and that I am a member of the Southold Town Board and I wish this statement recorded as my public notice of my position in regard to the property involved in that hearing of July 27, 1978, Yours truly, Martin Suter, Town Jus- tice, Town of Southold, New York. MR. OLSEN: It is not a change in zone, it is a variance. THE CHAIRMAN: You are a~king to divide the property. MR. OLSEN: I attached a sketch to the application indicating that the toal property is 1.352 acres. It is an oversized parcel, and I have a copy of the tax map. It shows that the parcel is oversized and shws that the division requested for the creation of the two lots would be generally in keeping with the other parcels in the community. MR. BERGEN: They would be larger than many of the ones already existing. THE CHAIRMAN: Which parcel is Beverly Andrews buying? MR. OLSEN: She is buying the total piece, subject to getting this variance. THE CHAIRMAN: On the southerly parcel is a house, a barn, and a cottage. What is her intention? MR. OLSEN: Ail these structures face on the Maple Avenue side. All of the structures are very old, especially the main house, and her intention is to renovate that house which would be an improvement to the community in general. I believe it is also her intetion at some time to convey the northerly portion for which this variance is being sought. THE CHAIRMAN: Is she going to occupy the house? MR. OLSEN: Yes, I believe so. MR. BERGEN: What about the summer house? Is she going to tear that down? MR. OLSEN: The cottage will remain. The buildings that are there now, will remain. She does not intend to tear them down. THE CHAIRMAN: I assume that you will be willing to agree not to further subdivide the southerly parcel and-limit the use of to seasonal use, summer usage. SOUTHOLD TOWN BOARgF APPEALS -9- July 27, 1978 MR. BERGEN: That will have a bearing on this. MR. OLSEN: I have not discussed that with her. THE CHAIRFL~N: It looks like about 30,000 square feet. This bungalow has no heat in it. Has it been used recently? MR. OLSEN: I don't know about the bungalow. The main house has been used. THEODORE J. HEUSER: I live on Maple Lane. The bungalow has not been used for some years. I can answer that. MR. BERGEN: It hasn't been used in five or six years? MR. HEUSER: Every bit of it. I am talking about the summer bungalow now. THE CHAIRMAN: How about the main house? MR. HEUSER: The main house has been empty for one year. A year this past January. MR. BERGEN: I would say that he sould not use that summer bungalow as a residence at any time. THE CHAIRMAN: Why is that, Bob? MR. BERGEN: It makes two houses on a small parcel. THE CHAIR~LAN: There is about 30,000 square feet on that lot. MR. BERGEN: Not when you divide it. THE CHAIRMAN: There will be 30,000 square feet in this parcel and 30,000 square feet in that parcel. This is an existing use. though. I think we should probably compromise and say she only use it seasonly. MR. OLSEN: Frankly, I do not know the past history of the usage of the cottage. Recently there was a year round tenant in the main house. THE CPLAIRM_AN: I think what Mr. Bergen's point is .... not to further ........ MR. OLSEN: But this is a pre-existing use and the purpose of my application is to sever the northerly half. It is vacant and there is very little value aside from keeping it neat and tidy. THE CHAIRMAN: The southerly parcel would have approximately 30,000 square feet. The northerly part would be somewhat larger. MR. BERGEN: But we are now dividing the property. SOUTHOLD TOWN BOARD{ APPEALS -10- July 27, 1978 MR. OLSEN: But this is a pre-existing situation. I assume if the Bungalow were to be destroyed it could not be rebuilt. To put a limitation on it that does not exist, I do not think that should enter into the decision of the Board. That is just my opinion. MR. BERGEN: See, there was an acre there, and now we are cutting down to 3/4 an acre. THE CHAIRMAN: The ares of the lot directly across the street is 115 x 150 which gives you about 16,000 square feet. The lot next to that is 15,000 square feet. We are talking about lots on Grand Avenue. Tow lots directly to the south and across Maple Lane, one is approximately 16,000 square feet and one is approximately 15,000 square feet. The Jemmot lot to the north appears to be somewhat larger, 300 feet by 136 feet which gives you about 53,000 square feet. Across the street are 100 x 150, 161, all approximately 1/3 of an acre, which is about what this would become. I would think this lot should not be further divided. MR. OLSEN: I do not think it is particularly significant to limit the use of the cottage to a seasonal use. The cottage is there and again it is a pre-existing use. I really wouldn't like the Board to put a limitation on the use of the cottage, if possible. I know the intention of my client is to put alot of money in the main house and renovate it. THE CHAIRMAN: Mr. Heuser, how long have you lived there? MR. HEUSER: I have been here for 40 years, but have lived there permanently for 14 years. THE CHAIRMAN: Can you tell us who occupied the bungalow? MR. HEUSER: Yes, a party by the name of Sylser rented it every summer. THE CHAIRMAN: And it was used for summer rental? MR. BERGEN: How long ago was that? MR. HEUSER: The last time was ...... THE CHAIRMAN: I think the reactivation of the property should be limited to seasonally. We have done this in many other locations where there have been several bungalows or summer rentals on one piece of property. This helps control density a little bit. I think it would be wise for the Bord to specify that this southerly portion not be further divided and the bungalow be limited to seasonal rental for not more than 6 or 7 months of the year. Is there anyone else who has anything to add to this? OLIVER JEMMOT: I am adjacent to this property on the northerly side. I take exception to the statement that this property will fit in-i' the rest of the neighborhood. As you leave the intersection of Grand Avenue and Maple Lane all of the properties going north there as far as SOUTHOLD TOWN BOARD OF APPEALS -11- July 27, 1978 you can see are in excess or at least equal to an acre in size. You made mention of those on the southerly and westerly sides, however leaving out the northerly and easterly. There is presently a subdivision going on to the north and east of that where the Board has made the developer create one acre zoning. I think it would be ruinous to the entire area to take a piece of property that now has two existing buildings, which you could upgrade the summer cottage and then subdivide the property so much you could take and acre and 35/100th of an acre and place an additional home on it. THE CHAIRMAN: The proposal here is to...the southerly portion will be 30,000 square feet, and the northerly portion will be approxi- mately 50,000 square feet which is in excess of the minimum requirement. The point I was making in giving you the size of the other lots is that the Board is required to consider the basic character of the neighbor- hood in determining the division of land. No one has ever defined exactly what a neighborhood is. In a situation like this where there are many 1/4 acres and 1/3 abres, some even smaller, some larger, I think it would tend to go with the applicant. It appears to me that the lot adjoining you will be substantial in size. MR. JEMMOT: If you take into consideration sir, if you split the lot taking the summer cottage away from the main house .... THE CHAIRMAN: They are not going to do that. MR. BERGEN: You cannot do that. THE CHAIRMAN: What we are talking about is preventing the summer cottage from becoming a year round cottage. The house exists and will become a year round house. The lady is going to renovate it. I presume she is also going to renovate the cottage. What we are trying to do here is a very important point relating to density. If this bungalow were converted to year round use there would be a vast difference on the effect of the environment, relating to water usage compared to just seasonal or summer use. That is what we are discussing. That will all remain as one piece of property. MR, JEMMOT: When you talk about density, you take a piece that is oversized, then split it whereby another house would be available to be placed on the northerly section. Wouldn't that be adding to density to an already existing situation. If you take a look at the parcels going out from there, they are all significantly larger sized than the ones that exist. THE CHAIRMAN: YOU can look at it another way. The Bungalow will have 1/2 a year's use. If what the applicant proposes to do is done here tonight, the property would be divided into 2 on approximately a little less than half of the property. You would have 1-1/2 uses. That is considering the year round use as 1 and the bungalow seasonal use as 1/2 use. On the other property you will have one-somebody will eventually buy and put a house there. You have 2-1/2 uses on one plat which is 1.4 acres which means the density on the parcel we are talking about will be less than density on ~nd Avenue. You are no~ going to SOUTHOLD TOWN BOARD~ OF APPEALS -12- July 27, 1978' increase the density very much. It will be difficult to prevent the division of this property. Anyone else wish to talk about this applica,_~ tion? MR. HEUSER: I might like to go along with Mr. Olsen. The property is dilapitated. The garage has 3 doors off and 2 doors broken. Everyone on Maple Lane who has visitors, their first comment is about the condition of that property as you drive up the road. You have seen it haven't you? THE CHAIRMAN: Yes, we have, and it is dilapitated. Our exper- ience here is that when you have a dilapitated situation some encourage- ment be given to the applicant to renovate it. In a couple of cases we have done this with excellent results. Some break has to be given to get the property improved. 4~ MR. HEUSER: As you know we are bp~h neighbor6. Everybody on Maple Avenue would like to see that property improved... ~ ~ MR. JEMMOT: We have no problem with ~hat as long as we have the proper safeguards. We Could have two disastrous places on Maple Avenue and Grand Avenue instead of one. I do not think that would be in t~e best interest of anyone. THE CHAIRMAN: Suppose we deny this? Who is going to buy this. whole piece of property, and renovate 2 old houses? MR. JEMMOT: I am not against the property being broken up as long as something good comes out of it. THE CHAIRMAN: Does anyone wish to object to this other than the objections we have already heard? (there was no response) MR. OLSEN: I will have Van Tuyl give you an accurate breakdown once they have the survey work done. We would be basically'~cutting this in half. The road frontage for each lot would be 121 feet. T~E CHAIRMAN: This would be.subject to a survey then, because this sketch is off as far as the dimensions are concerned. Each lot will have 121 feet on Grand Avenue and the southerly lot will have 210 on Maple Avenue. ~The northerly lot will have a depth of 222 adjoining the Jemmot property. MR. BERGEN: On this sketch, Gary, what is the 16-1/2 feet? MR. OLSEN: The property is subject to a right-of,way. The seller owns up to the northerly line of 220 feet, but it is subject to the right-of-way. THE CHAI~4AN: Is that right-of,wa~ used? MR. HEUSER: The mean the right-of-way on the north side near you, Mr. Jemmot. .$OUTHOLD TOWN BOAR~F APPEALS -13- July 27, 1978 MR. JEMMOT: It is a dirt road. MR. OLSEN: According to the contract it is subject to a right- of-way of William H. Pike Estate, Frederick Edelman and John T. Mudd along the north side of the premises, which right-of-way is one rod in width. That is an old right-of-way that has been established through deeds. THE CHAIRMAN: Mr. Jemmot can probably tell us if this is used or if it will be used. MR. JEMMOT: It is utilized by the people whose land in contingent upon it due to the fact it goes back 700 feet east of Grand Avenue. MR. OLSEN: We would prefer that it was not used. MR. BERGEN: Is there any chance of people building back there and thinking they will have this 16 feet to use? MR. OLSEN: That I do not know. THE CHAIRMAN: There is a parcel of approximately 8 acres at the head of Maple Avenue which can be reached by Maple Avenue. There is also a landlocked parce~ of land owned by the Town of Southold with a No. 3 on the County Tax Map of 15 acres. There is another parcel, No. 2 of 11 acres that could be reached by this right-of-way presumably. But it has access from Grand Avenue, so I do not think the right-of-way will ever be used for development. Couldn't be, it is too small. MR. OLSEN: Apparently the seller does own the fee titl~ to the right-of-way, but it is subject to the right-of-way. For area purposes we will be owining the right-of-way. THE CHAIRMAN: I do not think that affects the total area. Frequently we use the right-of-way in figuring the total area of the lot. Particularly a little used right-of-way. Who uses it anyway, Mr. Jemmot? MR. JEMMOT: Grand Avenue. I guess just the people whose land runs east of THE CHAI~4AN: There are 5 lots here that are several hundred feet long and 100 feet wide that come out on Maple Avenue and extend to the easterly end of Mr. Jemmot's property. What would they use the right- of-way for if they had access to Maple Lane? MR. JEMMOT: There are tractors and trucks that go back through there. THE CHAIRM-AN: Martin Suter does not plan to hold the Right-of-way does he? MR. OLSEN: No, he is conveying it. He is conveying everything, but it is subject to the right-of-way. Needless to say the buyer would like to eliminate the right-of-way. After investigation and inspection the Board finds that the $OUTHOLD TOWN BOARD OF APPEALS -14- July 27, 1978. Applicant requests permission to divide property with insufficient road frontage on Greand Avenue, Mattituck, New York. The total area of the parcel is 1.352 acres and the applicant seeks permission to create two parcels each having an area of .676 acres and will renovate the buildings on the southerly lot which abuts on Maple Avenue. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, (Gary F. Olsen, Esq.) be GRANTED permission to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; west by Grand Avenue, subject to the following conditions: (1) No further subdivison of the two lots to be created. (2) The bungalow, if rehabilitated, shall be used for seasonal use only, not for year round occupancy. The seasonal use is defined by the period from March 1st. to December 1st. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Tuthill. ~~ f/Fo, Grigonis, PUBLIC HEARING: Appeal No. 2442 - Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for ~ a variance in accordance with the Zoning Ordinance, Article III, Section~ 100-32 and Bulk Schedule to construct an underground swimming pool in front yard. Location of property: New Suffolk Avenue, Mattituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; west by Maratooka Road. The Chairman opened the hearing by reading the'application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers of the Town, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: A. Mileski; and H. Sacks. Fee paid $;5.00 THE CHAIP~MAN: Is there anyone who wishes to speak for this application? (there was no response.) Is there anyone who wishes to speak against this application? (there was no response.) MR. TUTHILL: Do the stakes in your yard represent where you want to put your pool? MR. EDWARD ADAMS: Yes. THE CHAIRMAN: I think the applicant's topographical hardship is obvious. They have two front yards. You know about the fencing requirements around the pool, don't you? Legal Notices NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 14, 1982 commencing at 7:15 p.m., as follows: 7:15 p.m. Application of ]nseph D. Po~illicn. Sr.. 3605 Camp Mineola Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article · II1, Section 100-35 for pecmis- lng four feet in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; Coanty Tax Map Parcel 1000- 25 p.m. Application of fly Andrews_ 145 Maple Siemerling as agent) for a Variance to the Zoning Ordin- hnce, Article III, Sections 100- 32 and 100-34 for permission to pool in sideyard area on a n the corner Of Grand Avenue nd Maple Lane, Mattituck, ~y; bo~mded north by lYremmott; east by Young; south Maple Avenue; west by and Avenue; County Tax ap Parcel 1000-107-02-part of ~:30 p.m. Application of Richard Mnhring, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Bruer, Esq.) for a Variance for approval of access, New York Town'Law Article 16, Section 280A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Southold, NY; hounded north by Carney; east by Lewis; south by the bay; west by Kohut, Graham, Travers Latham and Lewis. County Tax Map Parcel 1000-66-2-44. 7:40 p.m. Application of Miannn S. 1 nMnrte. 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west by Mohring (formerly Clauser). County Tax Map Parcel 1000- 66-245. 7:45 p.m. Application of Peler and Mary O'Hanlnn: 610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to · ~nstruct new dwelling with Dated:l ;nber31,1981. sufficient rearyard area at 730 BY ORDER OF Greenway West, Orient, NY; THESOUTHOLDTOWN bounded north by Trezzo; east BOARD OFAPPEALS ITJ7-3843 by Stuke; south by Kmetz; west , v,.,, t by Greenway West. County Tax Map Parcel 1000-15-1-20. ~tlq. ~(3r $ kO 7:55 p.m. (Recessed ................................................ O! Green~ort, in said County, Hearing). Application of William J. Clark, Esq. for Joseph Yahnni and Myron lqauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100- 32B for approval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Proper/y: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboal & ano. County Tax Map Parcel No. 1000-100- 4-6. 8:00 p.m. Application of Robert and Frank I<lns Main Road, Cutchogue, NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B(4) for permission to constrqct addition to principal building in this B-I Zone District at 37570 Main Road, Peconic-Cutchogue, New York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map .Parcel t000- 85-3-6. ~ representative of THE SUFFOLK TIMES, a weekly ished at Greenport, in the Town of Southold, County o! New York, and annexed is a printed copy that has published in said newspaper once in each week week(s) successively, commencing the......~..~, day '9 82 ~ me this.......7..g~ ............................ ~,C~r .................... 19,.&2 ............................... ~ DE VOE State of New York / Sulfoik County 2arch 30, 19~..,~ GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the .following public hearings will be held by the Soathold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 14, 1982~g0~nmcncing at 7 15 P.M. 7:1S P.M. Applicaton of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Matti. tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission,, four feet in height along the frontyarcf area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County TaX Map Parcell 1000.123-6-12A · 7:2b P.M. Application of Beverly Andrews, 145 Maple Lane, Southold, NY (by A. 5iemerling as agent) for a Variance to the Zoning Grdi- nance, Article III, Sections 100-32 and 100-34 for permi~- sion to construct inground swimmingpool in sidoyard premises located on the corne~. of Grand Avenue and Maple Lane, Martituck, NY; bounded, north by Jemmott; east by Young: south by Maple Ave; hue; west by Grand Avenue; County Tax Map Parcel 1000- of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Rruer, Esq.) for a Variance for approval of ac- cess, New York Tows{ Law Article 16, Section 280A. Lo- cation of Property: Right-of. Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by carney; east by Lewis; south by the bay; west by./ Kohut, Graham, Travers La- tham and Lewis. County T~x Map Parcel 1000-66-2-44. 7:40 P.M. Application of Mignon 5. LaMorte, 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Vari. ance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way offttm, west side of Arshamomaque Avenue, Southold, NY; .~.~,~,~:..bounded north by Lieblein; ,-~ i'~/eaxt by Lewis, south by the ,~,~baY; west by Mohrtng (former- ~.LtUN I Y {JI- ~,UPPLtLI~. STATE OF NEW Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for \ successively, commencing on the ............... , 7:45 P.M. Application at Peter and Mary O'Hanlon, 610- South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article //1, Section 100-31 for permission to construct new dwelling with insufficient rear- yard area at 73.0 Greenway West, Orient, NY; bounded north by Trezzo; east by Stuke; south by Kmetz: west by Greenway West. County Tan Map Parcel 1000-15-1-20. 7:55 P.M. (Recessed Hear- ing). Application of William $. Clark, Esq. for Joseph Yaboni and Myron Hauptman, MiddIe Road, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article ill, Sections 100-30A and 100-32B for proval of insufficient sideyard areas of enlsting buildings due to location of new lot lines. Location of Pr~o, perty: Oregon, Road and EHjah s Lane. Matti- tuck. NY; bounded north by N. orth Road and Reliable Asso~ elates; west by Elijah's Lane; south by Tuthill; east by. Yaboni and ano. County Tax Map Parcel No. 1000-100-4.6. 8:00 P.M. Application of Robert and Frank Klos Main Road, Cutchogue. NY (Chet' Orlowski, Builder) for a Spe~' cial Exception to the Zoning Ordinane, Article VIII, Section. 100-70B(4) for permission to Construct addition to principal building in this R-I Zone/'. District at 37570 Pec0nic . Cutchogue, New York; bounded north by Main Road; east by Konarski; south cb.V I{orto~ ,vest by Herton. ounty Tax Map Parcel I000. 85.3-6. Dated: December 31. 1981 ~ ~ !:, ~'~, -~,~ By Order of the ~.~,. uthoid Town eme this .......... ............. day of ............ , CLEMENT J. THOMPSON NO~A.~t ~8th',, ~c~e of t~nf ym r~ ~-~1~ APPEALS BOARD MEMBERS CHARLES GRIGONI$, .JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southoid Town Board of Appeals MAIN ROAD- STAT£ ROAD 25 SI3UTHI3LDo L.l., N.Y. TELEPHONE (516) 765-1809 NOTICE TO APPLICANTS AND/OR THEIR AGENTS Please £ind enclosed copy of the legal notice pertaining to your hearing. The date or the hearing has been changed to January 14th. One of the offices of the local and of£icial newspapers was closed during the holiday season~ and our legal notice could not be published in time [or the January ?~ 1982 meeting pursuant to town code. It is advised that someone appear at the hearing. I£ you have any questions ~ please do not hesitate to call our of£ice. SOUTHOLD TOWN BOARD OF APPEALS By Linda Kowalski~ Secretary LEGAL NOTICE NOTICE IS HEREBY GIVEN~ pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southdd, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall~ iVlain Road~ Southold~ NY on Thursday~ January 14~ 1982 commencing at 7:15 p.m. ~ as follows: 7:15 p.m. Application of Joseph D. Posillico~ Sr, 3605 Camp IVdneola Road~ Mattituck~ NY for a Variance to the Zoning Ordinance~ Article III, Section 100-35 for permission to construct fence exceedin9 four feet in height along the frontyard area at 3605 Camp lViineola Road~ iVlattituck, NY; bounded north by Corwin; east by lv~clV~ahon; south by the bay; west by Private Road~ Corwin; County Tax lViap Parcel 1000-123-6-12.4. 7:25p.m. Application of BeverlyAndrews_~145 lViaple Lane~ Southold~ NY (by A. Siemerling as agent) for a Variance to the Zoning Ordinance~ Article III, Sections 100-32 and 100-34 for permission to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corner of Grand Avenue and l~taple Lane~ Mattituck~ NY; bounded north by Jemmott; east by Youn§; south by I~aple Avenue; west by Grand Avenue; County Tax lVlap Parcel 1000-I07-02-part of 010. 7:30 p.m. Application of Richard IViohring~ 460 Glen Cove Avenue~ Sea Cliff~ NJ (by Rudolph H. Bruer, Esq. ) for a Variance for approval of access, New York Town Law Article 16~ Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue~ Southold~ NY; bounded north by Carney; east by Lewis; south by the bay; west by Kohut~ Graham~ Travera Latham and Lewis. County Tax IV~ap Parcel 1000-66-2-44. 7:40 p.m. Application of IVlignon S. LaMorte ~ 620 Ely Avenue, Pelham~ NY (by John Bertani as agent) for a Variance for approval of access: New York Town Law Article 16~ Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue~ Southold~ NY; bounded north by Lieblein; east by Lewis; south by the bay; west by IV~ohring (formerly Clauser). County Tax lVlap Parcel 1000-66-2-45. ?:45 p.m. Application of Peter and Mary O'Hanlon ~ 610 South Ninth Street New Hyde Park~ NY 11040 for a Variance to the Zoning Ordinance~ Article III~ Section 100-31 for permission to construct new dwelling with insufficient rearyard area at ?30 Greenway West: Orient~ NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. 7:55 p.m. (Recessed Hearing). Application o£William J. Clark, Esq. for Joseph Yaboni and IV,¥ron Hauptman~ lVliddle Road, Nlattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-32B £or approval o£ insu££icient sideyard areas of existing buildings due to location off new lot lines. Location off Property: Oregon Road and Elijah' s Lane~ lVlatti- tuck~ NY; bounded north by North Road and Reliable Associates; west by Elijah' s Lane; south by Tuthill; east by Yaboni & ano. CountyTax lViap Parcel No. 1000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos iViain Road, Cutchogue~ NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance~ Article VII, Section 100-70B(4) for permission to construct addition to prin- cipal buildin9 in this B-1 Zone District at 37570 lViain Road~ Peconic-Cutchogue~ New York; bounded north by Y~ain Road; east by Konarski; south by Horton; west by Horton. County Tax IVLap Parcel 1000-85-3-6. Dated: December 31, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publist~ once~ to wit~ Thursday~ January 7 ~ 1982 and forward seven affidavits of publication to: L. Kowalski~ Secretary~ Board of Appeals, IViain Road, Southold, NY 1197l. (On or before January 12~ 1982) Copies forwarded 12/31/8l to: l~lr. Joseph D. Posillico, Sr. IV, r. Arthur Siemerlin9 as agent for Nls. Andrews Rudolph H. Bruer~ Esq. for Nlr. Nlohrin9 Fir. John Bertani as agent for l~ls. lViignon S. LalViorte Iris. IVlignon S. LaNlorte lVir. and IVirs. Peter O' Hanlon ~ and Mr. Richard Lipman (Plainview) William 3. Clark, Esq. ~ attorney for Yaboni & Hauptman lVir. Chet Orlowski ~ Builder for Robert & Frank Klos Robert and Frank Klos ~ Copies to Suf£oik Times and L.I. Traveler-Watchman~ Inc. 1/ /82 LINE 2.5A{c) 0 ~ / 2.6A{ c ) MA-CH SEE SEC. NO. O0 L NE ;~5.6A(c) \ I 5.4A(c} ~2.1A(c) ~ ® ~ TOWN OF 5.9A(c) \ 9 i5.gA(c}