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HomeMy WebLinkAbout2805 MAIN ROA~D- STATE ROAD 25 SDUTHOLD. L.I.. N.Y. 11c~'71 TELEPHONE ~5'~6) 765-7809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2805 Application Dated March 26, TO: Mr. Vincent W. Annabel Stillwater Avenue Cutchogue, NY 11935 1981 [Appellant (s) ] At a Meeting of the above on your the Zoning Board of Appeals held on July 8, 1982 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III · Section 100-31 [ ] Request for The public hearing on this matter Was held on June 17, 1982 and Jutv 8, 1982. Upon application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a nwo-lot division of property located at Stillwater Avenue, CutchOgue, NY; bounded north by Stiltwater Avenue, Kiernan, Annabel; west and south by Stillwater Road; east by East (or Eugene's) Creek; County Tax Map Parcel No. 1000-1~37- 3-8. The board made the following findings and determination: By this appeal~ appellant seeks approval of an insufficient road frontage of one parcel at 120 feet in a proposed two-lot division of property. The premises in question is located at Stitlwater Avenue in Cutchogue. Parcel I will contain a minimum area of 40,000 square feet, having 110' frontage on Eugene's Creek; and Parcel II will contain an area of approximately 55,000 square feet, having 300' frontage on Eugene's Creek and 158.60' (and 50.27' at a~ angle) frontage on Still- water Avenue. The premises are zoned "A" Residential and Agricultural. Appellant has received permission from the N.Y.S. Department of Environmental Conservation to subdivide this 2.2-acre parcel into two lots under Tidal Wetlands Permit ~TW 15276-0320"A" dated May 3, 1982. Appellant has also received sketch-map approval on this proposed subdivision from the Southold Town Planning Board June 28, 1982. In considering this appeal, the board determines that the variance request is nou substantial in relation no the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties'would be created; that the difficulty cannon 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 and as specified below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2805, application of VINCENT W. ANNABEL for approval of insufficient road frontage at 120 feet of one parcel (CONTINUED ON PAGE TWO) DATED: July 15, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Paqe 2 Appeal NO. 2805 - Vincent W. Annabel Decision Rendered July 8, 1982 proposed in a two-lot division of property, be and hereby AS APPLIED FOR. IS APPROVED Location of Property: Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue, Kiernan, Annabel; west by Stillwater Road; south by Stitlwa{er Road; east by Eugene's (East) Creek; County Tax Map Parcel No. 1000-137-3-8. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. Thls resolution was unanimously adopted. APPROVF. D_ 2ECEIVED AND FILED BY TH~ SOUTHOLD TOWN CLLRK Town Cl~rk, TYi~n o{ ~_~old APPEALS BOARD MEM~]ERS GERARD P. GOEHRJNOER. CHAIRMAN CHARLES GRIGONIS. .IR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H_ SAWICK! MAIN ROAD- STATE SOUTHOLD, b.I., N.Y. ]19'71 TELEPHONE 1516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Th%~sday, July 8, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ~NNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100~31 and 100-36 for approval of the construction of swimmingpool and .deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting touris~-home altered to a three-apartment building for use as 9~three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000- 135-2-7 ~ 7:45 p.m. Application for H__A_ROLD E.. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance.. Article XI, Section 100-115 for ~pproval of suitable screening around the periphery at 400 Nokomis Road, Southold; Tax Map District 1000, Section Waters. of the existing junkyard located more particularly known as County 78, Block 3, Lot 20 at Laughing 7:50 p.m. Application of GEORGE H. AND BE_VERLY G. BOEH~E, Woodcliff Drive, Mattituck~ NY for a Variance To the Zoning Ordi- nance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodctiff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by ~ayflower Road; County Tax Map Nos. 1000-107-8-24 and 11. Agenda - Page 2 Southold Town Board of Appeals Regular Meeting of July 8~ 1982 7:55 p.m. Application of PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by ~rtin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117L10-20.5. 8:00 p.m. Application of ~I~LIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi- nance, Article /II, Sections 100-31 and 100-36 for permission to construct addition to existing dwelling with reduction in sideyard at the South side of Midway Road.. Southold; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. 8:05 p.m. Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located Off Soundview Avenue and referred to as "Hyatt Road Private Road No. 18", Southold. Location of Property: 1925 Private Road ~18, Southo!d; bounded north by Nes!age and Private Road; west by Lind- meyer; south by L.I. Sound; east by Reise; County No. 1000-50-1-20. _ 8:15 p.m. Recessed Hearing: NABEL, Appeal No. 2805. 8:20 p.m. Recessed Hearing: AND TRUST CO., Appeal No. 2987. Application of Application of Tax Map Parcel VINCEN~ W.~ NORTH FORK BANK Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~y Linda F. Kowalski, Secremary Instructions to newspapers: Please publish once, to wit, Thursday, July t, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Southold, NY 11971 on or before July 7, 1982. APPEALS ~3OARD GERARD P. GOEBRtNGER. CHAIRMAN CHARLES GRIGBNtS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK! MAIN ROAD - STATE REIAD 25 '=:OUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m.. Application of Bouton Services Inc., for JOHN J. BOGERT, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exceeding the height limitation for accessory structures. Location of Property: Private Road, Isa- bella Beach, Fishers Island, NY; County Tax Map Parcel No. 10D0-10-6-3. 7:05 p.m. ~pplication of LUCY .E. MICHAELS, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100--31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold; bounded north by Laughing Waters; west by Tschiember~ south by Minnehaha Boulevard; east by Young; County Tax Map No. 1000-87-3-7.  7:10 p.m. Application of VINCENT W..~NNABEL, Stitlwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, ArArticle Iii, Section 100-31 for approval of insufficient road / frontage of one parcel proposed in a two-lot division of ~ property located at Stiltwater Avenue, Cutchogue, NY; bounded [ north by~Stillwater Ave., Kiernan, Annabel; west by Stillwater~% ~ sou~h by Stitlwater Road; east by East Creek; County Tax.J Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of JOSEPH W. HAWKINS, 7085 Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Southotd, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; C~unty Tax Map Parcel No. -1090-54-7-1.004. Pag~ 2 ~ Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p~m. Application of ~IRIAM ~ATSON, 443 Main StreeT, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for perm£ssion to construct an addition to existing dwelling with a reduction in rea~yard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed ~ap No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application o~ SERPENTINE REAL ESTATE CORP., 695 DiEllen Lane, Elmont, NY (by Gary.~lanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to have dwelling (converted from a barn) with an insufficient sideyard setback at 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory building in the sideyard area at 3400 Ole Jule Lane, Mattituck; bounded north by Wood; wes~ by Canal; south by Kimmins; east by Ole Jule Lane; County Tax Map Parcel No. 1000-122-4-20. 7:40 p.m. Application of GERARD GALLIANO, 2125 P.ine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance tc ~he Zoning Ordinance, Article Iii, Section 100-35 for permission %o construct 6'-high fence in the frontyard (which would exceed the 4' height limita- tion) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 100~-115-i5-14~ 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition 5o dwelling with an insufficient rearya~d setback a~ 46 Sunset Lane, Greenpor~; bounded north by Mellas and Ahaesy; east by Romei~ south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. Page 3 ~j Legal Notice of Hearings Regular Meeting for J~n~ 17, 1982 Southold Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, ~ticle III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and [2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino & ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000- 9~-9-10.t. 8:10 p.m. Application of ELWOODnAND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling With an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104-4-1. 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road~ Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, OrienT; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of JAMES ~NOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of Proper~y: 400 feet easterly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, Wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST ~O., by Abigail A. Wickham, Esq., Box 1~24, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct drive-mn banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map ~arcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWIN I~DUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Page 4 Legal Notice of Hearin-~ Regular Meetinc for June 17, 1982 Southold Town Board of Appeals Article IX, Section 100-~0A for a windmii1 farm to be located on premises zoned C-1. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketcham and others; eas~ by Terry; County Tax Map Parcels No. 1000-22-3-11~ 12, 14 and 15. 9:30 p.m. Application Of SOLWIN INDUSTRIES, INC., c/o Esskes, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance tO the Zoning Ordinance, Article IX, Section 100-90 and Article VIII, Section 100-80 for: (a) pezTaission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; seuth by Begora, Ketch~m and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11~ 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. CHAIRM3~N By Linda GOEHRINGER£ ~ KoWa~ski, Secretary Instructions to newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. FORM NO. 3 TOWN OF SOUTFIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ~' ...... '2 ..................... b. ~. . . ................. d..~..¥.~©.a..r4. ~7 .... PLEASE TAKE NOTICE tha~ your application dated ................ .fi. fir. ~../.' .~, 19 .~.'. , for permit to ~-~*:-:~..~..U.~.~[ .fi! .~..E ..... .~..~. 9.?..~.~.,.~?.~. ........................... at Location of Property ................... . .-~./. fAL..~.z.~..-(..~..~.. .... .~. '.V~.~. .... .~..~...~..~.~.O. House No. Street Ham/et County Tax Map No. 1000 Section ..../.~...~ ...... Block '~ . Lot . .~...- ......... Subdivision ........."--T. ....... Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .... .x .t).'~..~....~..~ f.H ......... Building Inspector RV 1 (80 ~,,o 0 b Co TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION O~ BUILDING INSPECTOR APPEA NO. 4 TO.THE ZONING BOARD OF APPEALS, T-OWN~O F~:SOI3TI~IOLD, N~ Y. I, (~).;~z~C.e~t.,~.,..~L~ah~% .................... ~ .'.-.-$ti.~.Z.w~e~-..m~ .................................. Name of Appellant Street end Number Outchegue ......~..:.~.* .............. HEREBY APPEAL TO Municipality _ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............... ~,o..~........~.3.,....~.9..8...1... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( : Vincent W. Annabel Name of Applicant for permit of q.ti~.~.v.~.t.~.r...kv..e., ...................... Gu.t. chogue ................... ~...Y ....................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...S..?'.~.~...~..~.~.?..e..r.....&..?.e.". ............................................................... Street Use Distr ct on Zoning Map 1 000 -137 -3 -8 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 quote the OrdJ,nance.) Article 3 100 31 3. TYPE OF APPEAL Appeal is made herewith for (X) A.VARIANCE to the Zoning Ordinc~nce or Zoning Map ( ) A VARIANCE aue to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not),been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special germit (X) request for a variance and was made in Appeal No ................................. Dated Aoril !0 ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHtPbecau~ The proper~ has been for sale ac one parcel for approximately seventeen years and there does not seem to be acres in this area.~In addition to thio the taxs~ are increasing yearl~ making it impractical to sell as one building lot. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this ~roperty o~d in this use district because Allthe parcels in the immediate vicinity are omaller causing t~e 2.. ac. parcel underisable to sell as one parcel 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Sub divided property would be larger than other properties in the are~. In some cases as much ~s Four time~'as large. STATE OF NEW YORK ) ss COUNTY OF f~F~( ) Signature Sworn to this '~/"l't ~- day of ........... .~..~.~.. ............................... 19 4~ b V/IV¢£N T ,4Nfl,4 5 E I - Southold Town Board of Appeals -12- July 8, 1982 Regular Mtg. RECESSED HEARING: Appeal No. 2805. Application of VINCENT W. ANNABEL, Stillwater Avenue~ Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located'at Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue, Kiernan, Annabel; west and south by Stillwater Road; east by East (or Eugene's) Creek; County Tax Map Parcel No. 1000-137-3-8~ The Chairman 'reconvened the hearing at 8:32 p.m. Mr. Vincent W. Annabel appeared before the board and confirmed that the Planning Board at a meeting held June 28, 1982, approved the sketch map as amended May 13, 1982 in the proposed division of property and respectfully requested that the board act favorably.~' The board made the following findings and determination: (see page -13-) Southold Town Board of Appeals -13- July 8, 1982 Reg. Mtg. (Appeal No. 2805 - Vincent W. Annabel, continued:) By this appeal, appellant seeks approval of an insufficient road frontage of one parcel at 120 feet in a proposed two-lot division of property. The premises in question is located at Stillwater Avenue in Cutchogue. Parcel I will contain a minimum area of 40,000 square feet, havinq 110' frontage on Eugene's Creek; and Parcel II will contain an area of approximately 55,000 square feet, having 300' frontage on Eugene's Creek and 158.60' (and 50.27' at an angle) frontage on Still- water Avenue. The premises are zoned "A" Residential and Agricultural. Appellant has received permission from the N.Y.S. Department o~_ Environmental Conservation to subdivide this 2.2-acre parcel into tw~ lots under Tidal Wetlands Permit #TW 15276-0320"A" dated May 3, 1982. Appellant has also received sketch-map approval on this proposed subdivision from the Southold Town.Planning Board June 28, 1982. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; 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 and as specified below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2805, application of VINCENT W. ANNABEL for approval of insufficient road frontage at 120 feet of one parcel proposed in a two-lot division of property, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Avenue, Kiernan, Annabel; west by Stillwater Road; south by Stillwater Road; east by Eugene's (East) Creek; County Tax Map Parcel No. 1000-137-3-8. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki~ This resolution was unanimously adopted. At 8:38 p~m., motion was made by Mr. Goehringer, seconded by Messrs. Grigonis and Douglass, to enter into "closed session for deliberations," which was duly carried unanimously. At 10:40 p.m. motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to reconvene the Regular Meeting, which was unanimously carried. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE£ £. KOPPELMAN Town of Southold Board of Appeals August 23, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~plicant Municipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Young Lucy E. Michaels Henry S. Kozen Gerard Galliano Estelle L. Weinrib Elwood & Carol Hughes Annette Golden Carnes Warren E. & Ellen Hufe John E. & Patricia A. Clark 2805 2946 2964 2989 2990 2993 2994 2995 2997 3009 3010 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WlLHAM F. MULLEN, Jr. AGENDA August 30, 1982 TELEPHONE 765-1938 7:30 p.m. Public Hearing on the question of the approval of the minor sub- division of New York Telephone Compan¥/Kavanau~h. ~d%45 p.m. Public Hearing on the question of the approval of the minor sub- ivision of Vincent Annabel. 8:00 p.m. William Salahian, Esq. has scheduled an appointment to discuss the proposed major subdivision of Nalbantial Bros. 8:15 p.m. Richard Cron, Esq. has scheduled an appointment to discuss the proposed subdivision known as Richard Cron and to discuss a proposed Condo- minium Community. ~/8:30 p.m. Irving Price, Esq. has scheduled a presubmis sion conference for the site plan of East End Supply Co. 8:45 p.m. David Saland, agent, has scheduled an appointment to discuss the status of ~ayview Ventures Ltd. Resolution to set October llth and 25th at 7:30 p.m. for the regular meet- ings of the Planning Board. Resolution setting 7:30 p.m. October 11, 1982 at the Southold Town Hall as the time and place for a public hearing on the question of the approval of the minor subdivision of Edward & Marie Cartnick, located at Nassau Point. Joseph & Edwina Hataier - Board to take action on this minor subdivision 9/16 I/~.Sal Caiola Condominium Project - David Kapell, agent, has requested Planning ~oard to field inspect this property. John Simon Estate - Revised maps submitted, no action has been taken on this proposal. Moebius Associates - Revised maps submitted, no action has been taken on this proposal. Resolution setting 8:00 p.m. September 20, 1982 at the Southold Town Hall as the time and place ~or a public hearing on the question of the approval of the minor subdivision of Matt±tuck Holding CO., located at Laurel. Southold Town Board of Appeals MAIN RI-lAD- STATE RE3AD 25 Si-lUTHE}LD, L.I., N.Y. 11c~71 TELEPHONE {516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Section 100-31 ~ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 2805 Applicant: Vincent W. Annabel Location of Affected Land: Stillwater Avenue, Cutchogue, NY 11935 County Tax Map Item No.: 1000-137-3-8 Within 500 feet of: __ Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) Eugene's (East) Creek State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land ~ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or ~ Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to in~fficient rQad frnn~ag~ o~ on~ parcel proposed into a two-lot division. Copies of Town file and related documents enclosed herewith for your review. Dated: August 13, 1982 ~Secre~ary, Board 6f Appeals Scuthold Town Board of Appeals Juiy '12, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2805.. Application of VINCENT W. ANNABEL. Variance for approval of insufficient road frontage for one parcel. · On motion by Mr. Douglass, it was seconded by Mr. Grlgonis, RESOLVED, the Declaration concerning the matter of to declare ENVIRONMENTAL DECLA3~ATION: ~ following Neganive Environmental Yincent W, Annabel: Pursuant to Section 617.13 of the N.Y.S. Environmental Conservation Act, Article 8 of Department of the Environmental Conservation Law, and Secticn 44-4 of the Southo!d To~vn Code, nouice is hereby given that the Southotd Town Board of Appeals has determined ~hat the subject · - a~= pro~ect as proposed in this .......... is hereby classi=~ed as a Type II Ac=.on, for the foi!o%-;ing reason(s): ' ~n Environmental Assessment in the Short Form~. has s~-mz~ec wnzcn indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a dete~mination made for any Other department or agency n~ch may also be in- volved, nor for any other project not Covered by the subject appeal application% Location of Property: Stillwater Avenue, Cutchogue, NY. Vote of the BOard: Ayes: Dougla'ss, and Sawicki. b[~ssr s. Goehringer, Grigonis, Doyen,  Southold Town Board of Appeals ~'~ ~°~ ' ~ ~°~ ~ ~°~°~'~"o~i~;//~L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 15, 1982 To: Mr. Vincent W. Annabel Stillwater Avenue Cutchogue, NY 11935 Re: Appeal No. 2805 Dear Mr. Annabel: 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 application 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 truly, LC Enclosure Copy of Decision to: Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary :; matters will z ..:c ~.ublic hearing by thc 5~araold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 P.M. Application of .~NNE'I'II~ , GOLDEN -~' Res, 1445 Bay Shore Road, Oreenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and' 100-36 for approval of the cons~uctlon of sw~mmingpool and deck with insufficient side and rear yard setbakcs at 1445 Bayshore Road, Green- pert, NY; bounded north by Pipes Cove; West by O'Rrien; south by Bay Shore Road; east by Koehler; County Tax Map' Parcel No. 1000-53-4-4. - 7:35 P,M, Al~pllcation of MARGARET DgtLANNO, by Reusselaer G. Terry, Esq., Main Road, 5outhold, NY for a Variance to the Zoning Ordi- nance, Article 11I, Section 100-30A & B for permission to use pre-existing tourist-home altered to a three-apartment building for use as three- dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bound- ed north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map parcel No. 1000-135-2- 7.1. 7:45 P.M. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100-115 for approval of suit, able screening around the periphe~ of the existing junk'yard located at 400 No- komis Road, Sonthold; more particularly known as County Tax Map District 1000, Sec/inn 78, Block 3, Lot 20 at Laughing Waters. 7:50 P.M. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance; Patricio Wooa, oe]ng soys ir:::' Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outhold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................./. ................ weeks successively, commencing on the ............. ./.....~ .......... oy ? _(_.,..,.: ......... ........... ; ...... Sworn to before me this ................................ day of 19...~....2~. No~ Public CLEMENT J. THOMPSOE NOTARY PUBLIC, State el New Yo~ Ho, 52-9322725 Comm~ion Exg~rea ~rch 30, 8:00 P.M. Application of WILLIAM E. AND PAUL A~ -TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for Variance to the Zoning Ordi, hartco, Article RI, Sections 100-31 and 100-36 for permis- sion to construct addition to existing dwelling with reduc- tion in sideyard at the South. side of Midway Road, South- old; Cedar Beach Park, Filed. Map No. 90, Lot ll3;qurther identified as County Tax Map Parcel No. 1000-90.2-6. 8:05 P.M. Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview ~ and referred to as "Hyatt Road - Private Road No. 18", Sonthold. Location of Proper. ty: 1925 Private Road #18, Southold; bounded north by Article m, Section 100.31 for Neslage~ .and- Private ;Road; area west by Lindmeyer, 'smith: bY approval of insufficient t L I ' and depth of two parcels ! ~.. Sound; east by Reise,t , ~ ~ounty Tax Map Parcel No located at Wes/view May-~ 10005 ' - . : - 0-1-20 flower and Woodcliff Drives; ~ ~.1~ ,...' · rth b ' ~ t-.no. Recessed Hear- Matlat.uck; bou. nded no Y~ (in~ A I " ----- b ~ )"'s: pp~cauon o! VINCENT West~aew Drive; west b ~'~ .... n*n~aEL' Appeal No WoodcBff Drive; south Y i ~. ?K,I~ ' De isle Inc and Oriowski' · ~ · t~'20 P M Recessed Hear east by Mayflower Roan; ' ' ' - lng: Application of NORTH 'County' Tax Map NOS. iO00: FORK BANK AND TRUST 107-8-24 and 11. · CO., Appeal No 2987. 7:55 P.M. Application of' Dated: June 17, 1982 PAUL AND BARBARA LEARY, 165 Second Street, ByOrderoftheSoutholdTown New Suffolk, NY for a. Board of Appeals Variance to the Zoning Ordi~ Gerard P. Goehringer, nance. Article Ill, Section Chairman ~:~ 100-31 -* for ' permission to' By Linda F. Kowalski, construct deck addition with Secretat3~ msu~c~ent slaeyara setback 1T-7/1/82(28) (and rebuild existing steps) at 165 Second Street, New '?':~ ~;.~ .L~.~ ~:~ '-:-*,,% .~, Suffolk, NY; bounded north b~~',~'. ~. ~ ~. ~: ~ ~,. ~.~.;~z ~, -~:-~ ~.~ -. ::'~ ~. ~ ~:;:i Pugsley; w,st by ~;;~. ~U~ by Smphy; east by-.~-..: .... ~nd S~et; Coun~ Tax.J ' ' . " ' _ . . ,_~Mnp P~el No. 1~-117-10- TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To ....... ........................... Address.,....~.~.~.~..,~C...../**..... ~.~..?...~L ................................... //?7/ .................... Fed. I. D. No. '//'~ ~/~-(~'/'~7 or Soc. Security No .............................. The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the foregoing (Cross out one) claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Doted 19...~:.~- ~"~'"'-~ ~ /'~ *--- ,,.~, Signature ~-/'~" ~ 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, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 3, 1962, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY for a Variance to the Zoning Ordi- nance, Article III, Sectinns/~ 100-31 and 100-36 for approval of the construction of swim- mingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded ,n, by Pipes Cove; west by O L _ .~n; south by Bay Shore Road; east by Kochler; County Tax Map Parcel No. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting tourist-home altered to a three-apartment/ building for use as three- dwelling apartments in this A- Residential and Agricultural Zone. Location of Property: 51255 County Road 4~ and 5O Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 4~; east by Aurichio; County Tax Map Parcel No. 1000-135- 2-7.1. 7:45 p.m. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100- 115 for approval of suitable screening around the eri hery of the existing~ P P - junkyard located at Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 p.m. Appliation of GEORGE H. AND BEVER- LY G. BOEHLE, Woodcliff Drive, Mattituck, NY ' 'r a Variance to the Zoninl di- nance, Article III, Section 100- 31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and/ Orlowski; east by Mayflower Road; County Tax Map Nos. 1000-107-8-24 and 11. . 7:55 p.m. Application of PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordi- nance, Article Ill, Section 100- 31 for permission to construct deck addition with an insuf- ficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10- 2O.5. ~' 6:00 p.m. Application qf WILLIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick,~NY 11566 for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-31 and 100-36 for permission to construct add/- tion to existing dwelling with reduction in sideyard at the South side of Midway Road, Southold; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000~0-2- 6. 3:05 p.m. Application of VERA GRETCHYN MARl- NO, One Denton Road, Kings ~, oiuf, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Property: 1925 Private Road #13, Southold; bounded north by Neslage and Private Road; west by Lindmeyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 15O0-5O-1-2O. ~ /" 8:15 p.m. Recessea! /x Hearing: Application off ~ VINCENT W. ANNABEL, Ap-\ ] peal.No, 2805. J t.. 8:30 p.m. Recessed fNearing: Application of ORTH FORK BANK AND TRUST CO., Appeal No. 29~7. Dated: June 17, 15O2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary //1TJyl-4001 COUNTY OF SUFFOLI/., ~ ss: STATE OF NEW YORK, j .?.~.O.y...Gr. ?.~..ay.~..o.11. ................... being duly Sworn, says that .h..e ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, o newspaper published ~rt Greenport, in said county: and thai the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, for ....... olde ................ weeks successively commencing on the ..... ~.~.~ .................. day of ....... ~.~ll~ ~/L~, '~~.~ Sworn to before me this . dayo, .... ........ HELEN K DE VnE NOTARY PUGI ~C, State of Ne',,., ',.~rk No 4707~7~, Stl~flllk Ceu~]t~.~ T~rm Expires March 30, 19,:~....~ Copies of the Legal Notice for July 8, 1982 to the following on or about June 28, 1982: L.I. Traveler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Abigail A. Wickham, Esq. for A. Carnes and NFBTC Ms. Annette G. Carnes Rensselaer G. Terry, Esq. for M. Detlano Ms. M. Dellano Richard J. Cron, Esq. for H. Walters George H. Boehle Paul Leary Mr. and Mrs. Mr. and Mrs. Mr. and Mrs. Wm. E. Vera G. Marino, Esq. Mr. Vincent W. Tuite at Merrick and Southold at Kings Point Annabel, Stillwater Avenue, Cutchogue HENRY E. RAYNOR. Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 19~8 July 2, 1982 Mr. Vincent Annabel Stillwater Avenue Cutchogue, New York 11935 Dear Mr. Annabel: The following action was taken by the Southold Town Planning Board, Monday, June 28. RESOLVED that the Southold Town Planning Board approve the sketch map of Vincent Annabel, located at Cutchogue, dated March 15, 1981 and amended May 13, 1982. Please submit six (6) copies of the final subdivision map to this office so that we might expedite referral to the Suffolk County Planning Commission. Please see enclosed list of requirements for an acceptable subdivision map. Prior to our scheduling a public hearing we would require a legal description of the property for the publication of legal notice, and the filing fee in the amount of $50. We will advise you when a public hearing has been scheduled. If you have any questions, please do not hesitate to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRM_~N SOUTHOLD TOWN PLANNING BOARD Enc. cc: Board of Appealsv/ By Susan E. Long, Secretary June 17, 1982 Linda, I spoke with Henry this morning regarding Annabel subdivision. He is aware of the possible problems with the DEC. I called DEC and spoke with Bob Thurber. He will be sending the Planning Board a letter stating the problems that would be involved if the applicant moved his lot line 20 feet south. When we are in receipt of this letter, we will place it on our agenda for the board to take necessary action. (we expect the letter within the next week). If and when there are any changes on the resolution dated June 15, they will be sent to your office immediately. If you have any questions, call me at home 477-0274. Sue HENRY E. RAYNOR, Jr.,Chairman gAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr, William F. Mullen, Jr. South01d. N.Y. 11971 TELEPHONE 765-1938 June 16, 19'82 Mr. Vincent Annabel Stillwater Avenue Cutchogue, New York 11935 Dear Mr. Annabel: At a regular meeting of the Southold Town Planning Board, Tuesday, June 15, 1982 the following action was taken: RESOLVED that the two lot subdivision map entitled Vincent Annabel be amended by extending lot number one east to west; south 20 feet and a copy of resolution to be forwarded to the Zoning Board of Appeals. Upon receipt of six (6) copies of the amended survey, we will pro- ceed with your subdivision application. If you have any questions, please do not hesitate to contact our office. Yours very truly HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By Susan E. Long, Secretary New York State Depa~ment of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 Robert F, Flacke Commissioner Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road--State Road 25 Southold, NY 11971 May 26, 1982 RE: TW 15276-0320'A'--Vincent W. Annabel, Appeal Number 2805 Location of Property: Stillwater Avenue, Cutchogue Dear Mr. Goehringer: In response to your letter of May 14, 1982, I am enclosing a copy of the Tidal Wetlands Permit we issued for the above noted subdivision. Our approval is based on the survey by R. VanTuyl, dated March 15, 1981, amended May 13, 1982, forwarded with your inquiry and returned herewith. I hope the above satisfies your needs. Please note that additional approvals are required from this Department for development of these created lots. Sincerely, David DeRidder Associate Environmental Analyst cc: C. Hamilton Enclosure DD:cz NEWl STATE DEPARTMENT OF ENVIRONMENTAL CONSEOION PERMIT PERMIT NO. 3.5276-0320'A' UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ARTICLE 24, (F~eshwater Wetlands) PERMIT ISSUED ADDRESS OF PERMITTEE ~e_r Avenue, Cutehowum, NY l193~ lOCATION OF P* ~ECT(Sectionof slream, tidal wetland, dam, building) ARTICLE 25, (Tidal Wetl sds) ARTICLE 36, (Construction in Flood Hazard Areas) 'Wear, shore of eu~ene*e Creek mC eut end of l~tdwood Ro&d . accortina to p~..~tted ~r~ ~, 1982. ~ditionaZ applicati~ ~d receipt o~ additional approval is assess&iT before work mi each lot my co--nee. COMMUNITY NAME (City, Town, Village) JTOWN Cut aho~ue__ y~Jo 8outhold 'COMMUNIT . ( OUNTYsLIffOlk 1FIA [ DAM NO. GENERAL CONDITIONS 1. £he permittee shall file in the office of the appropriate Regional )romptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized b,,Iruction to the free navigation of said waters or flood flows or endanger !,. health, safety or welfare of the people of the State, or loss or'destruction h~reby without expense to the Sta~; and if, upon the expiration or revocation ~lercourse hereby authorized shall not be completed, the owners shall, 8. Ihal the State of New York shall in no case be liable for any damage or iniury to the structure or work herein authorized which may tx, caused by or 9, That if the display of lighls arid signals on any work hezeby authorizt-d provals, lands, easements and rights-of-way which may be required lo~ thi~ project. ~4. If ~ranted under Arlicle 3(,, this permit is gamed solely on the bas~s Pa~! 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies lhal the prDje¢l will be free from flooding. ~,-20-4 (9/75) (SEE REVERSE SLOE) SP£CI^L CONDITIONS See a~zached add:L~louL1, cond~Jtono JA,,jDDRESS~J'y.q ~pC* 0jr JhqV, ~mserv&clon dx. 40, SUllY, St~Uy Brook. ~1~ 11794 ~UPPLIR~NTARY SPECIAL CONDITIO~ The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B, A copy of this permit or approval and supplementary conditions shall be avail- able at the project site whenever authorized work is in progress. The permit sign enclosed with this permit or a copy of approval letter shall be protected from the weather and posted in a couspicious location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt fo~m' certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period of more than one year, the permittea shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of' resumption of work each year. If project design modifica~ioms take place after permit issuance, the permit- tee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permit- tee is advised that aubstantial modification may require submission of a new application for permit. All necessary precautions shall be taken to preclude contamination of any wet- lands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be re- quired from the U.S. Department of Army Corps of Engineers, Mew York District, 26 Federal Plaza, New York, NY 10007, (Attention Regulatory Functions Branch), prior to co~encing work authorized herein. Je The granting of this permit does not relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, New York 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DgC ~ TW'15276-03~0"A" APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 May 14, 1982 Mr. David DeRidder Associate Environmental Analyst N.Y.S. Dept. of Environmental Conservation S.U.N.Y., Building 40 Stony Brook, NY 11794 Re: TW #15276-0320,A'' - Vincent W. Annabel~ Appeal No. 2805 Location of Property: Stillwater Avenue, Cutchogue Dear Mr. DeRidder: On March 26, 1981 Vincent W. Annabel applied to our board for a variance for approval of insufficient road frontage for three proposed parcels as indicated above. Today Mr. Annabel submitted an amended map for two parcels, which is enclosed for your review. It is requested that a copy of the D.E.C.'s approved survey plan be forwarded to our office in order that we may process this application in accordance therewith. Thank you for your assistance. Yours very truly, Enclosure GERARD P. GOEHRINGER _~=,, ByJLinda F. Kowalski ~..~,%~ ~.~]~1~,~ ~\~ Secretary REGU~TOR~ A~FAtRS, REGtON[ R' * ~ PERMIT NO, NEWI STATE DEPARTMENT OF ENVIRONMENTAL CONSEI~ PERMIT ~ 15276-0320"A" UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED Tq Vincent W. Annabel ADDgES5 OF P£RMITTEE Stillwater Avenue, Cutchogue, NY 11935 LOCATION OF ~" ~ECT (Section of stream, tidal wetland, dam, building) West shore of Eugene's Creek at east end of l~idwood Road DESCRIPTION _ 'OJECT subdivide a 2.2 ~ acre parcel into two residential lots of 40,000 sq. ft. and 57,000 sq. ft. according to plans submitted March 12, 1982. Additional application and receipt of additional approval is necessary before work on each lot may commence. COMMUNITY NAME (City, Town, Village) Cutchogue COUNTY Suffolk 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shah also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspeclion by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the peblic interest so requires. 3. AS a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the applicalion, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leavinR large refuse piles, ridges across the bed ot the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped al the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. That if future operations by the State of New York require an alteration in the position ot the structure or work herein authorized, or if, in the opinion of the Oepartment of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flow~ or endanger the health, safety or welfare of the people of the State, or loss or'destruction of the natural resources of the State, the owner may be ordered by the Depart- ment to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the 5tare; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shaH, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of lhe uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95-~0-4 (9/75) (SEE REVERSE SIDE) TOWN Southotd DAM NO. PERMIT EXPIRATION DATE FIA COMMUNITY NO. ,.Tu~e 30, 1983 GENERAL CONDITIONS 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigalion, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights'and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. tO. All work carried out under this permit shall be performed in accor- dance with established en§ineering practice and in a workmanlike manner. lt. If granted under Articles 24 or :)5, the Department reserves the right to reconsider this approval at any time and utter due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be c~)nstrued as conveyinR to the applicant any right to trespass upon the lands or interfere with the riparian riRhts of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vesled in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. I~y acceptance ot this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. Town of. Southold SPECIAL CONDITIONS See attached additional conditions PER~ITI$SU£DATE JPERMITADMmlSTRATOR May 3, 1982 Daniel J. Larkin cc: NYSDEC Law Enforcement - Region I USACE JDRESS~S Dept. of Env. Conservation dg. 40, SUNY, Stony Brook, NY 11794 SUPPLEMENTARY SPECIAL CONDITIOe THe following conditions apply to all permits: A. If any of the permit conditions are unclear, the perm, tree shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be avail- able at the project site whenever authorized work is in progress. C. The permit sign enclosed with this permit or a copy of approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the perm, tree shall complete and return the top portion of the enclosed receipt f~ certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period of more than one year, the perm, tree shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of' resumption of work each year. If project design modifications take place after permit issuance, the permit- tee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permit- tee is advised that substantial modification may require submission of a new application for permit. Ge Ail necessary precautions shall be taken to preclude contamination of any wet- lands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachers or any other environmentally deleterious materials associated with the project work. He Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. THe perm, tree is advised to obtain any permits or approvals that may be re- quired from the U.S. Department of Army Corps of Engineers, New York District, 26 Federal Plaza, New York. NY 10007, (Attention Regulatory Functions Branch). prior to com~aencing work authorized herein. THe granting of this permit does not relieve the perm, tree of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, New York 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # TW 15276-0320!'A" Bo, rd of Appeals ¥o-.vn of $outhold PERMIT SIGN NO · TW 15276-0320"A" has been issued to: address: ~,~-~- ~-,~. ~-~og~. ~ for: Vincent W. Annabel 11935 Subdivide a 2.2 + acre parcel into two residential lots of 40,000 sq. ft. and 57,000 sq. ft. according to plans submitted March 12, 1982. Additional application and receipt of additional approval is necessary before work on each lot may commence. under the Environmental Conservation Law, Article 15, (Protection of Water] Article 24, (Freshwater Wetlands) Article 25, [Tidal Wetlands) Article 36, [Construction in Flood Hazard Areas) New York State Department of Environmental Conservation ~ator May 3, 1982 Date Issued June 30, 1983 95-20.1 (9/75) Formerly EA-93 I~vn ire4.1~n f144. n, BOARD OF APPF. ALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended' Code of the Town oi Southo{d, the following matters will be held for public hearings by the Southold Town Board of. Appeals at the Town Hall, Main Road, Southold, N.Y.on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: 7:00 p.m. Application of Bouton Services, Inc., for John J. Bogert, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning/ Ordinance, Article III, Section '100-32 for permission to erect ~,nlenna towel exceeding the height limitation for accessory . structures. Location of Proper- ty: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of Lucy E. Michaels, 3570 Min- nehaha Boulevard, Southold, NY for a Variance to the' Zoning Ordinance. Article Ill, . Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, South- old; bounded north by Laug~-~ lng Waters; west by Tschiem- bet; south by Minnchaha BoulevardL__east_by Young; --C~n~t~'Tax Map No. 1000.87. 3-7. V~7~10 p.m. Application of' ent W. Annabel, Still- water Avenue. Cutchogue, NY for a Variance to the Zoning 'Ordinance, Article III, Section 100.31 for approval of insuffi- cient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Still- water Ave., Kiernan. Anna- bel; west by Stillwater Rd.; south by Stillwater Road; east by East Creek; County T~ Map Parcel No. 1000-137-3.8. 7:15 p.m. Application of Joseph W. Hawkins, 7085 Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane. Smithold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer and Kempner; west by Booth and others; County Tax Map Parcel No. 100-54-7-1.004. 7:20 p.m. Application of Miriam Batson, c/o David E. Kapell, 443 Main .Street, Greenport, NY for a Variance to the Zoning Ordinance. Article HI, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard COUNTY OF SUFFOLK STATE OF NEW YORK SS: Pc. tricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................ ../. ............. weeks successive,y, commenc~ing~ on the .................................... Sworn/ )t°J~f°re me this ................................ day ................... ........ , of setback at Bayview Drive, East Marion;,, more particularly ~mowii~',~'s' Gardiners Bay ] Estates Filed Map No. 27.~,~ ~ 1~ and 124; Coun~ T~ { .... Legal Notices ,, LEGAL NOTICE GERARD GALLIANO, 2125 NOTICE IS HEREI~Y Pine Tree Read, Cutchogue, GIVEN, pursuant to Section NY for a Variance to the 267 of the Town Law and th~ Zoning Ordinance, Article III, Provisions of the Amended Section 100-32 for permissinh Code of the Town of Southold, to construct garage in tho the following matters will be frontyard area at 2125 PJne held for public hearings by the Tree Road, Cutchogue; Soutbald Town Board of Ap- Nassau Farms Subdivision, peals at the Town Hall, Main Filed Map No. 1179, Lot NO. Road, Southold, NY on Thurs- 19; County Tax Map Parcel day, June 17, 191L2 commene. No. 1000-98-1-13. .lng at 7:00 p.m. and as follow. 7:45 p.m. Application of i 7:00 p.m. Applicat on of HENRY S. KOZEN, 1520 iBouton Services Inc., for Donna Drive, Mattituck, NY ! JOHN J. BOGERT, Fox and for a Variance to the Zoning.. ] Crescent Avenue, Fishers Is- Ordinance, Article III, Section ~ land, NY for a Variance to the 109-35 for permission to con- I Zoning Ordinance, Article III, r struct 6'-high fence in the Section 100-32 for permission~'~ frontyard (which would toerectantennatowerexceed~ exceed the, 4' height lng the height limitation for limitation) ai 1520 Donna accessory structures. Drive, Mattituck; Deep Hole Location of Property: Private Creek Estates Subdivision. i Road, Isabella Beach, Fishers Filed Map No. 4256, Lot No. Island, NY; County Tax Map 33; County Tax Map Parcel Parcel No. 1000-10-6-3. No. 1000-115-15-14. 7:05 p.m. Application of 7:50 p.m. Application of LUCY E. MICHAELS, 357(l STANLEY AND MARY Minnebaha Boulevard, South- MOISA, 46 Sunset Lane, old, NY for a Variance to the Greenpert, Ny for a Variance Zoning Ordinance, Article III, to the Zoning Ordinance, Art- Section 100-31 for permission icle III, Section 100-31 for to construct deck addition to permission to construct dwelling with an insufficient ~ddition to dwelling with an rearyard setback at 3570 Min- insufficient rearyard sotback~, nehaha Boulevard, Southeld;. at 46 Sunset Lane, Greenport; bounded north by Laughing bounded north by Mellns and Waters; west by Tschiember; j, Abaesy; east by Romei; south south by Minnehaha Boule>.' by Dinizio; west by Sunset yard; east by Young; County Lane; County Tax Map Parcel Tax Map No. 1000.87-3-7. No. 1000-33.4-63. 7:10 p.m. Application of 7:55 p.m. Application of VINCENT W. ANNABEL, PETER KUJAWSKI. by Stillwater Avenue, Cutchogue, Stanley C. Corwin, Esq., 634 NY for a Variance to the Zon- First Street, Greenport, NY lng Ordinance, Article III, for a Variance: (1) to the Section 100-31 for approval of ' Zoning Ordinance, Article III, insufficient road frontage of Section 100-31 for approval of one parcel proposed in a two- the insufficient yard setbacks lot division of property located due to location of new lot line, at Stillwater Avenue, Cut- and (2) to New York Town ' Chogue, NY; bounded north by Law, Section 280a for Stillwater Ave., Kiernan, An- Approval of Access. Location nabel; west by Stillwater Rd.; of Property: 3275 Skunk Lane, south by Stillwater Road; east Cutchogue; bounded north by~I by East Creek; County Tax Bay Homes Subdivision, anal' ~ MapParcelNo. 1000-137-3-8. Kujawski; east by Pontino & · ,~'~,i 7:15 p.m. Application of V ano.;southbyMarea;westby ~OorS~onPH W. HAWKINS, 70~5~.~ Skunk Lane; County Tax Map o Lane, Southold, NY for Parcel No. 1000-97.9-10.1. a Variance to the Zoning 8:10p.m. Application of EL- Ordinance, Article III, Section WOOD AND CAROL 100-32A for permission to con- HUGHES, 1711 Meadow Lane, struct windmill exceeding the East Meadow, NY 11554, for a height limitations for ac- Variance to .the Zoning cessory structures. Location Ordinance, Article III, Section of Property: 7085 Horton 100-31 for permission to Lane, Southold, NY; bounded coes~ruct addition to dwelling north by Horton Lane; east by with an insufficient sideyard Sheffield; south by Kramer & at 6125 Skunk Lane, Cut- Kempner; west by Booth and chogue; Nassau Farms others; County Tax Map Subdivision, Filed Map No. ParcelNo. 1000-54-7-1.004. 1179, Part of Lot 130; County 7:20 p.m, Application of Tax Map Parcel No. 1000-104- vo MIRIAM BATSON. 443 Main 4q. Street, Greenporl, NY for a 3:15 p.m. Application of Variance to the Zoning Ordi- RAYMOND AND JOAN nance, Article III, Section 100- O YOUNG, by Richard F. Lark, 31 for permission to construct~.~ Esq., Main Road, Cutchogue, an addition to existing NY for a Variance to the dwelling with a reduction in Zoning Ordinance, Article III, rearyard setback at Bayview Section 100-31 for approval of Drive, East Marion; more insufficient area and width of particularly known as two proposed parcels at the Gardiners Bay Estates Filed corner of Horton Avenue and MapNo, 275, Latz123 and124; Shirley Road,, Mattituck; County Tax Map Parcel No. bounded north by Young and 1000-37-4-3. others; west by Shirley Road; 7:30 p.m. Applicaton of south by Horton Avenue; east SERPENTINE REAL ES- , by Bergenand others; County TATE CORP.~ 695 DiEllen Tax Map Parcel No. 1009.141. Lane, Elmont, NY (by Gary 1-37. Flanner Olsen, Esq.) for a 8:30 p.m. Application of Variance to the Zoning GERTRUDE K. REEVES, by .~ Ordinance, Article III, Sec- Richard F. Lark, Esq., Main,. ' tion 100-31 for perm!ssion to Road, Cutchogue, NY for a' have dwelling (converted Variance to the Zoning from a barn) with an insuf- :~ Ordinance, Articlelii, Sectlon ad, Peconic insufficient depth of parcel(s) (near Southold); bounded incated off Cedar Birch Read, uorth by Main Road, Cappa Orient; bounded north by md Terry; west by Main Road; west by Braweer ]radowski; south and east by and Cedar Birch Road; south .~ppe; County Tax Map by Gardiner'~ Bay; east by ~q No. 1000-75~-9.2. Cedar Birch Road; Count), ~.m. Application of~ ~Tax. ~p.~Pa_rce!.~ No. 1000-15, o ers, ounty Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Art- icle VII, Section 100-71 for .permission to construct drive- in banking -facility with canopy extending into the . frontyard area. Location:/ ..... being duly Sworn, Mattituck Shopping Center, Main Road, Mattituck; Coun- blisher of the SUFFOLK ty Tax Map Parcel No. 1000- 142-1-26. hod at Greenport. in s~d 9:05 p.m. Application of SOLWIN INDUSTRIES, INC.. the ~nnexed is ~ printed c/o Esscks, HeRer, CUddy and Angel, Esqs., 108 East Main el Suffolk Weekly Times Street, Riverhead, NY for a Special Exception to the ". ................ weeks Zoning Ordinance, Article IX '] 0~ Section 109.90A for a w ndmill farm to be located on premises zoned C-1. Location of Property: Off the north side " of Main Road, East Marion; bounded north by Tomins and East Marion War Memorial Association; westbyKechand ~,~ ' ' i others; south by Begora and ~' ,) ~ Ketcham and others; east b~' ' ~ / fl // Terry; County Tax Map .d ~"'../~/.-~../ff..~.... Parcels No. 10~0-22-3-I1, 12, 14 ................... and 15. 9:30 p.m. Application of SOl. WIN INDUSTRIES, INC.. C/O Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a ~0~ Variance to the Zoning Ordi- ~ 0t Ne~ nanea, Article IX, Section 100- ' 90 and Article VIII, Section ~ 30. 100-80 for: (a) permission to construct towers exceeding -8/ the height limitation of the ~ ~, ~2. zoning code and (b) an - interpretation of Section 100- 90A to the effect that a "windmill farm" is a permitted industrial use i~: this zone. Location o[' Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora, ~~'~ Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary ~ 1TJ19-3980 ~\- -~ STOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNsPEcToR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .......... ............ of ......... ............................... Nome of Appellant Street and Number .......... .Q..q.t..9..~..g,g~. ................................................................ ~..~.~.; ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED March 23 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Vincent W. Annabel Name of Applicant for permit o~ Stillwa~er Ave. Cutcho~ue , ..N..Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...S...¢_fl:~..~.~...~..t,.e.?.....~.~.~.... ............................................................... Street Use District on Zoning Map 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 quote the Ordinance.) A~ticle 3 100 31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A 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 (3:) request for a variance and was made in Appeal No ................................. Dated .............. ~),~.1...1. ........ !..O........l.~q.?'.~Q. ................. ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ The property has been for sale as one parcel for approximately seventeen years and there does not seem to b~ a market for 2.4 acres in the area. In addition to this the taxes are increasing yearly making it impractical to sell as one building lot. 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 All the parcels in the immediate v~cinity arm smaller causing the "2. 4 "parcel undesirable to sell as one parcel. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Sub divided property would be larger than other properties in the area. In some cases as much as Four times as large. STATE OF NEW YORK COUNTY OF .'~)l~/~o~JC. SS Signature Sworn to this .............................................. day of .......... ..~..'~T..'7:~.... ,~. .............................. 19~! BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: Sub divide A pmrcel of property approximately 2.4 acres 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribedasfollows: Beginning at a point on the East side of Etillwater Ave. Runnin~ North Approximately 292 Ft. Then East to the Creek Apprex ~OO Wt. Then along the Creek South and West to The place of 3. That the property which is the subject of such Petition is located in the following zoning district: County tax map # 1000 137 3 8 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Sub divide into Two One Acre Building Lots Remainder to be with a right of way. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above w~l be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 23 1~81 Vincent W. ~mbel Petitioner PostO~ce Ad,ess ~illw~er Ave. Cutchogue N.Y. 11~35 NAME PROOF OF MAILING OF NOTICE ADDRESS Muriel Annabel Theddore Krukowski Stillwater Ave Cutchogue N..Y. J~ & ~f 63 Arleigh Dr. Albertson. N.Y. 11507 11935 Thomas Kiernan 11 Chester Lane Bethpage N,Y, 11714 Eugene Annabel 15 East 0akdale St. Bayshore N.Y. 11706 P19 3513526 Q~FIPT FOR CERTIFIED MAIL P19 -51,35 _ r P19 3513528 P19 3513545 RECEIPT FOR CERTIFIED MAIL NO tNSURANCE COVERAGE PROVIDED-- bT FOR INTERNATIONAL MAIL (See Reverse) POSTAGE ..... J ~ ~ ~  SPECIAL DELIVERY RESTRICTED DELIVERY ~ DATE DELIVERED m SHOWTO WHOM DATE ADDRESS OF DELIVERY WITH ~ i TOTAL POSTAGE AND ~$~ ,?- L , residing at Stillwater Ave. I ~ , being duly sworn, deposes and says that on the ~ day __, 19 ~'~ , deponent mailed a true copy of the Notice set forth on the re- :h of the above-named persons at the addresses set opposite their respective posite the names of said persons are the addresses of said persons as shown on e .Town of Southold; that said Notices were mailed at the United States Post Of- ;.: · 11935 ; that said Notices were mailed to each of said persons by Copies to the folloWng on or about June Suffolk Times, Inc. L.I. Traveler, Inc. Bouton Services,~Inc. Mrs. Lucy E. Michaels, Hand Deliveries 6/8/82. (for John J. Bogert), Box 506, F.I. 3570 Minnehaha Blvd, Southold 06390 Mr. Vincent W. Annabel, Stillwater Ave., Cutchogue Mr. Joseph W. Hawkins, 7085 Horton Lane, Southold Mrs. Miriam Batso~°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Estate Corp. Main Road, Mattituck Serpentine Real Estate Corp., 695 DiEllen La., Elmont, NY /ioo~ NORMAN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib, 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries~ 108 East Main St., Riverhead 11901 Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members Southold Town Bo. of Appeals ENVIROMENTAL DECLARATION: Appeal No. 2805. Application of VINCENT W. ANNABEL. Variance for approval of insufficient road frontage for one parcel. On motion by Mr. it was RESOLVED, to declare the folloWing Negative Environmental Declaration concerning the matter of Vincent W, Annabel: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Stillwater Avenue, ~utchogue, NY. Vote of the Board: Ayes,: Box 812 Mattituck, NY 11952 Southold Town Zoning Board Main Rd. Southold, NY 11971 of Appeals Gentlemen: Flease be advised that the following parcel, house, farm was sold by the office that I am connected with, however, I did not have anything to do with the sale. I therefore, do not have any interest in this application. gPg Very truly yours, K JUDITH T. TERRY TOWN CLERK I~EGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 March 26, 1981 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No.2805 application of Vincent W. Annabel for a variance. Also included are notification to adjoining property owners, notice of disapproval from the Building Inspector, short environmental assessmenl form, and wetland questionnaire. JTT/~bn Encl~ures Town Clerk .,~i~- .,-.' .SHORT EJiLVIRO~NtENTAL'ASSESSi4ENT FORI.4 :/ iNSTRUCTIONS: ' ' ~ · .~ ~ (a) I~ order to answer tl~e questions in this short EAF it is assumed ~ thai the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is iii<ely that this project is not significant. (d) Environmental Assessment . 1. ~'lill project resu'lt"in e large physical change to the project site or physically alter more than lO acres of' land? ....................... Yes~o 2. ~'lill therebe a major change to any unique or -unusual land form found on the site? .......... Yes NO 3. ~Vill project alter or here a large: effect'on existing body of water? ...................... ~. ~Vill project have p potentially large impact fZow on adjacent sites? ................... 6. ~?ill p~oject affect any threatened or endangered plant or animal species? .......... . ,¥eS,~)~No 7. ¥1L}l project ~esult in a major adverse effect on air quality? .............................. ... Ye$[X'No.,, 8. ~I~11 p~o)ect have a mo~o~ effect on visuaZ cha~octe~ of the community o~ scenic views o~ vlstas known ia:be important to the community?~ Yes ~,No ~. ~Lll pro~ec¢ adversely impact any site at .' structure of htsto~ic, p~eh/sto~tc at pa~eontoJogLca} ~mportonce or any site designated os a c~¢ic01 environmental a~ea -- Yes. No lO. ~?ill pro)eat have a o effect on existing or future recreofionol opporfunifi~s? ......... Yesf~No ll. ~Vill projecf resulf in .major frof{ic problems O~ cause 0 major effect to existing ~?&}} pto~ect .~egu~at}~ cause ob~eo~onab}e d&stu~bonce os o ~esu]¢ or ~he p~o]ect~s operation? ..................................... ' - ., ~3. ~}}'pto~ec¢ have an~ ~pac¢ on pub}Sc health o~.sa~ety2 ~es~No d~ect}y causing o g~owth ~n permanent population of mo~e than b percent ove~ o one yeo~ petted at have o mo~o~ negative effect on the ohatoc¢e~ of the community at neighborhood? ................................. Yes, ~5, ]s the~e pu~}~ controversy concerning the PREPARER'S RE TodayYs DaZe) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Locatio~ Qf Property: /~/j~.~ 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'least 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 n~ed of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, l.l., N.Y. 31971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 14, 1982 Mr. David DeRidder Associate Environmental Analyst N.Y.S. Dept. of Environmental Conservation S.U.N.Y., Building 40 Stony Brook, NY 11794 Re: TW #15276-0320"A" - Vincent W. Annabel Appeal No. 2805 Location of Property: Stillwater Avenue, Dear Mr. DeRidder: Cutchogue On March 26, 1981 Vincent W. Annabel applied to our board for a variance for approval of insufficient road frontage for three proposed parcels as indicated above. Today Mr. Annabel submitted an amended map for two parcels, which is enclosed for your review. It is requested that a copy of the D.E.C.'s approved survey plan be forwarded to our office in order that we may process this application in accordance therewith. Thank you for your assistance. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda F. Kowalski Enclosure Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOENRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, llgT1 TELEPHONE (516) 765-1809 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals July 20, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the' Board's-determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Vincent W. Annabel appeal Location of Property Stillwater Avenue, Cutchogue (Road 16) Cty. Tax Map Item No. 1000-137-3-8. Very truly yours, CHARLES GRIGONIS, CHAIRMAN JR. By Eileen M. Carey, Temporary Secretary l~guLatory A££ai~s Unit Bldg. ~0, $~Y ~ Room 219 Stony Brook, New York 11794 5.1.6-751-7900 July 13, 1981 Vincent W. Annabel Sti11~ater Avenu~ Cutcho~ma, ~w York 11935 Re: T~ 15276-0320"A" P£oposed Subdivision Dear ~ir. Annabeli With r~fer~nc~ to your abov~ application, please be advised that the proposed subdivision as currently d~ai~ned dose not a~lo~ for ~o b~l~ able ~si~thl lo~ pu~lt to I~xt 661 Tidal ~et~ ~d Use ~la- ~o~. ~ sout~rly 40,~ sq. ft. peril (~2) h~ ~sn ~te~ed to ha~ ~ smut of tidal ~l~dS of su~ a c~fi~ra~on ~at sstbad requests for ho~a c~t~ction could not ~ T~ere~o~e, any pe~t issued for subdivision as presented would carry the stipuhtion that the southerly (t2) lot is not buildable according to Tidal Watland~ Lend Uae Re~ttations, and I~C would be opposed to residential construction on it. If you ~rlsh to create two bttildabl~ lots, you need to consider ~o~t~ying your plan and your application. Your application~rlll be considered inco~l~lete until you reply as to ho~ you ~iah to proceed. If you wish to proceed as application is no~, ye n~ad t~o addi~ional copies of th~ ~c~nt survey (dated 3/L5/81). Charles T. Hamilton Altemate Ra~ional Perlait Adm!~isCrator CTIt: RNT~ 11 cc: Town of SouChold? ZBA/ D. Fallon R. Thurber File APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. TELEPHONE (516) 765-1609 April 27, 1981 Mr. and Mrs. Vincent W. Stillwater Avenue Cutchogue, NY 11935 Annabel Re: Appeal No. 2805 Dear Mr. and Mrs. Annabel: Late Friday afternoon, April 24, 1981, our office had a telephone conversation with the N.Y.S. Department of Environ- mental Conservation concerning the location of this property and whether or not it appears to fall within their jurisdiction. It appears that since the property is waterfront and without an existing substantial bulkhead, your proposed project is within the D.E.C. jurisdiction. You may contact the N.Y.S.D.E.C. office in Stony Brook at (516) 751-7900 (David DeRidder or Robert Thurber), S.U.N.Y. at Stony Brook, New York 11793 for application forms and additional information. Please do not hesitate to call if you have any questions. CG:lk Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN APPEALS ROARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L,I., N.Y. llg?l TELEPHONE (516) 765-1809 April 23, 1981 Mr. and Mrs. Vincent W. Annabel Stillwater Avenue Cutchogue, NY 11935 Re: Appeal No. 2805 Dear Mr. and Mrs. Annabel: Concerning your recent appeal application for permission to divide property with insufficient width and/or area located at Stillwater Avenue, Cutchogue, please be advised that it is the consensus of the Board members that this matter not be scheduled for a public hearing for the following reasons: (a) File is incomplete inasmuch as no certified surveys have been submitted. Please submit six copies of a survey certified by a licensed surveyor. (b) This matter will be referred to the Suffolk County Health Department and N.Y.S. Department of Environ- mental Conservation upon receipt of the surveys for processing pursuant to the Environmental Quality Review Act. If you have any questions, please do not hesitate to call. CG:lk Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN By: Linda Kowalski, Secretary ? ? ¢ / ? / ..,,'// / / / / / 8 2.4A(c} %,