Loading...
HomeMy WebLinkAbout3057BRENNAN~ DONALD ~FL-12 10090 New Suffolk Ave., Matt. 12/22/82 uti-tize basement for ~tit~i-ties bet~W minimum required elevation above mean sea level in this A-4 Flood Zone. ,116-6~2 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE 1~16I 766-180~ ACTION OF THE ZONING BOARD O] Appeal No. 3057 Application Dated November 15, TO: MR. DONALD BRENNAN C/O Mr. John Scaramucci 1965 Westphalia Road Mattituck, NY 11952 1982 yED AND FILED BY THE SOUTHOLD TOWN CLEBK Town Clerk, Town of Southo]d At a Meeting of the Zoning Board of Appeals held on DECEMBER 22~ 1982, the above appeal was considered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on this matter was also held on December 22, 1982. Upon application for DONALD BRENNAN by John Scaramucci, 1965 West- phalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. The board made the following findings and determination: By this appeal, appellant seeks approval of access over a private right-of-way 15' in width and extending 676.91 feet from the south side of New Suffolk Avenue to the premises in question. After research and inspection, the board finds that the first 150' of the right-of-way has not been used for access. Access to the premises has previously been over a driveway now of H. Henry (formerly of M. Leibell) just east of the subject right-of-way and which extends into the Brennan right-of-way at the 150' mark. Survey amended December 9, 1982 for Martha C. Leibell shows 13 Sycamore Trees along the westerly edge of the right-of-way and other large trees as well. The two lots which have access over this right-of-way are part of the Minor Subdivision of Martha C. Leibell which was granted by the Zoning Board of Appeals in Appeal No. 1784 on June 7, 1973, and which was grandfathered by the Planning Board on September 23, 1980. Rights over the subject right-of-way are indicated in Deed recorded at Liber 3362 cp 297 dated June 4, 1952 from Martha C. Leibell to the predecessors in title, Frank J. and Madalyn B. Seaman. In considering this appeal, the board determines that the vari- ance request is not substantial; that the circumstances are unique; that by allowing the variance as indicated below no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harm_o_--~_ with and pro- mote the general purposes of zoning; and in view o~t~e manner in which the difficulty arose and in consideration of al~ the above factors, the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sa_~w~cki, it was RESOLVED, that Appeal No. 3057, application for qONALD BRENNAN (CONTINUED ON PAGE TWO) DATED: January ~, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3057 Matter of Donald Brennan for Approval of Access Decision Rendered December 22, 1982 for approval of access over a 15-foot right-of-way located at the south side of New Suffolk Avenue, Mattituck, NY, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (1) That this access road must have a: (a) clear width of not less than 12 feet [clear of all trees, brush and other obstructions to a minimum width of 12 feet]; and (b) clear height of not less than 12 feet [clear of all branches or other obstructions to a minimum height of 12 feet]; (2) Such access road shall be improved in either of the follow- ing two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. (3) No certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. (4) Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the road inspector (and authorized to make such recommendation by the Board of Appeals); (5) That this board shall be given notice when the final improvements to this right-of-way are made in order that the right- of-way may be inspected and approved as to meeting all of the above requirements. (6) That this access road must be maintained at all good satisfactory condition as stipulated above for access emeregency vehicles. times in for all (7) That this access is deemed to include the approval of access to any other lot abutting this right-of-way. Location of Right-of-Way: Off the South Side of New Suffolk Avenue for a length of approximately 676.91 feet to the premises known as 10090 New Suffolk Avenue, Mattituck, NY and more particularly known as County Tax Map Parcel No. 1000-116-006-002. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (518) 765-180g APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRJGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 16, 1982 commencing at 7:30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map~ Parcel ID Nos. 1000-78-3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. 7: 45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. Page 2 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Les~ie's Road, Cutchogue, NY~ County Tax Map Parcel ID Nos. 1000-97-4~1, 12 and 17. 8:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold~ NY; County Tax Map Parcel ID No. 1000-061-04-013. 8:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. alcg6 8:10 p.m. Applicatio? for DONALD B_~RENNAN by John Scaramucci,~ 5 Westphalia Road, Mattltuck, NY for a Variance for approval of ~ ess, New York Town Law, Section 280-a. Location of Property: ~ ~ Off the south side of New Suffolk Avenue, Mattituck, NY; County3 T~x Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 54~, part of Lot #35. 8:20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. Page 9 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. Ail persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9~ 1982 and forward 11 affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15, 1982. (Tel. 765-1809) Copies mailed to the following 12/3/82: Suffolk Times L.I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and Mrs. Alfred J. Skidmore, Esq. for Mr. Gary Flanner Olsen, Esq. for Ms. Mr. and Mrs. Thomas Occhiogrosso Mrs. Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr., Esq. for Theodore and Mel Metalios Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. Lessard (Building Department) Charles M. William Burkhardt Marguerite R. Wasson Nelson and Town Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .... ..../~.~../../.~. 70. .................. ... ~ 7. ~. ~ ~ .. ...... ~s~ ~ ~o~cE t~a~ ~o~ ~,~¢a.o~ ~at~O..~...&( ........... , ~ for pe~it to const~ct .~/~.. /aT.~//~ ....... at Hoo~ No. ~t~t Hamlet County T~ Map No. 1000 Section ... L~ ...... Block ...O~. ...... ~t ~.~ ....... Subdivision .... - Filed Map No. -"--- Lot No. is returned herewith and disapproved on the foil.owing ~. ~:~ :. ~ .~..,~..~ ~... ~. ~.,~.~. ~.~~.. 7~ ~.. ~... ~. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, Illin) Joi'~l"~Oa~all~{3~";: ........................... of '~9~5'"~%~~; .......................... ~ame at ~ppellont · .~.t~ ....................................................................... .~ew-~.~ ...... HEREBY APPEL TO Municipality Sf~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....~ ......................... DATED ...~,e~e~...2~.F..1.9~~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of ~plicant for permit of 1.9&~..~ee.t,~,~l~.aaR4.,.....~t ~,*~e~....: ........... ~. ........ .~;.eW..¥orl~ ............ Street ana rqumoer n~unicipa ity brats PERMIT TO USE PERMIT FOR OCCUPANCY (X )Building Permit 1. LOCATION OF THE PROPERTY IDO~O..J{e~..-qU~'.~'O3~...z~t~.., ..................... Jk .......................... Street Use District on Zoning Mop ......... 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~J~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~ ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is reauested for the reason thai~rp'licalp'tn~ requires a building permit for alterat'ions to premises serviced by private right of way, as shown on attached survey of Roderick Van ~Ayl, P.C. dateJ Nov. 10, 1982. ~'orm ZB1 (Continue on other side) REASON FOR APPEAL : - Continued~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~he actual 15 foot right of way: contains several large sycamare trees on the westerly side which theapplicant, owners and neighbors would not want to see removed. 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 The trees are unique and any low lying branches could be trimmed to conform. ~he existing driv~ is about twelve feet wide and is in good condition for year round travel. It is generally level and straight with ~ overall length of about 626 feet from New Suffolk Ay. to the Brennan's property line. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTEROF THE DISTRICT becaus~t would be in keeping with the neighborhood,which is a fine example of the pristine beauty of the North Fork and the Town of Southold. STATE OF NEW YORK) ~ ~ ....... Signo;k ;e ............................ COUNTY OF Sworn to this .. ......... ............. ./..~...;... day of ...... ~~~..-~... ....... 19~ Notary Public JUDITH T. TERRY Notary Pt!blJc S~te of NoW Ho. 5£ 0344953 SuFfoik Count'L ~mmissJon ~pJres March 30, J T'OWN O~ .~ocrr~o~o, ~. Y:. /i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 5, 1983 Mr. Donald Brennan c/o John Scaramucci 1965 Westphalia Road Mattituck, NY 11952 Re: Appeal No. 3057 for Approval of Access Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be .sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Gerard P. Goehringer, Chairman Southold Town Board of Appeals of ppeal MROM: John W. Davis DATE: December 16, 1982 APPEAL NO. 3057 - DONALD ~RENNAN R.O.W. SOUTH SIDE O? NEW ~T~FOLK AVE..~. ~ne present existing road ie not in the 15 ft. R.O.W. for the first 150 ft. at the north end. See pencil notes and field sketch on the subdivision map of now or formerly Leibell property. Toere are some new m~veyor stakes at the north end of this property extending the 15 ft. R.O.W. in a straight course as per plan. ~be existing road is 8 ft.+-- in width and consists of sand, packingmaterial and small gravel that is in a fair stabilized condition. Test holes show 4"~of that material. ~here is a circular turnaround at the end of the R.O.W. on the Brennan property. ~bpsoil is 12" in depth in the R.O.W. for the first 150 ft. ~here is an existing fire well on New Suffolk Avenue that may be in the R.O.W. if continued in a straigh~ line. this time I assume that the road will be relocated in the R.O.W. for the northerly 150~-ft., otherwise why the survey stakes? }SEO~ENDA TICNS: 1. Do the necessary clearing in the R.O.W. at New Suffolk Avenue. 2. Remove 12" of topsoil in the first 150 ft. for a 9 ft. width. 3. Replace topsoil excavation with ba,k run sand, gravel and loam. 4. Place a 3" compacted top course of 3/4 inch stone blend. 5. For the remaining length of the existing road and including the circolar turning length, update with a 3" compacted top course of 3/4 inch stone blend. ..... n/~.,embers copies C"~F to Original for ZBA file /C~n~ments or Reply Requeste4 .I ~q. r-T. LB, NB LOT o'~ 3'7, 'J~ Southold Town Board of Appeals MAIN RDAD- STATE El'lAD 25 SOUTHOLD, L.I., N.Y. I1971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 7, 1982 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 3057 - Donald Brennan Right-of-Way off the South Side of New Suffolk Avenue, Mattituck, New York Dear Mr. Davis: The board has asked whether you would inspect the private right-of-way over the westerly side of property now or formerly of Martha C. Leibell, to premises of Donald Brennan as shown on the attached maps. The right-of-way in question has a width of 15 feet, and extends 676.91 feet to the Brennan parcel. Your comments and recommendations are appreciated. If you have any questions, please don't hesitate to stop by or call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosures JUDITH T TERRY TOWN CLERK OFFICE OFTHETOWN CLERK TOWN OFSOUTHOLD November 15, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1982 To: Southold Town Board of Zoning Appeals From: Judith T. Terry~ Southold Town Clerk Transmitted herewith is Appeal No. 3057, application of John Scaramucci for a variance. Also attached is Short Envionmental Assessment Form~ Letter relative to New York State Tidal Wetlands Land-Use Regulations, Letter dated October 13, 1982 from New York State Department of Environ- mental Conservation, Notice to Adjacent Property Owners, Surveys of the property~ copy of recorded deed and use of right-of-way, map of Minor Subdivision of Martha C. Leibell~ Notice of Disapproval from the Build- ing Department. N. q"O:l't~A" \¥ L~Nb · LOT. 7 57, 3&~' ~'q.~T. o.F \VAY -, ~06,19~, ~' svc. '~ - /..91 Ill, I/~ N IJ At.-NT YORK STATE OEPA~7~EN'r OF E,'4VZRONME,~,r~AL Reg(~r.q Aff~ Unit. B~dg. 40, SUNY--Room 219 Stony P~ook, NY 11794 15161 751~7900 I ~ ct~o A review has been made of your proposal to: York State.Department of Environmental Conservation h~ found ~e~or~, no p~ un~ ~ 2~ {Ti~ ~ o~ the Co~v~on L~ ~ req~ since ~e p~pob~ ~ beyond S~e mand~ed j~n p~ ~ ~ Very ~uly yom, Daniel J. L~a~n Regional Permi~ Ad~trator DJL:RNT:ez L/~NI5 LOT 3'7, 5'LALL-- FO'= 1" I~ObL-I~iLK VAN TUYL ,gL. NOTICE NOTICE IS HEREBY GiV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of 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, N.Y. on Wednesday, Decem- ber 22, 1982 commencing at 7:30 o'clock p.m., and as follows: 7:30 p.m. Application of CHARLES M. AND KATH- RYH BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. 11971 ~r & Variance to the ZoninSfl~ Ordinance, Article III, Section 100-31 for permission to estab- lish two legal building lots, each having insufficient area 100-116-06-002. ~ "'8:)0 p.m. Application for~ DOt~ALD BRENNAN by John Sca~mucci, 1965 Westphalia Road, Mattituck, N.Y. for a Variance for approval of ac- I cess, New York Town Law, ~ectioff 280-a. l:o~a~ibn of Property: Off the sotith side of New Suffolk Avenue, Mat-ti- tuck, N.Y.; County Tax Map ~-06-002. I e:J~ p.m. Application of · OOUGLAS E. MURPHY, 437, Seventh Street, Greenport, N.Y. for a Yariance to the Zoning Ordinance, Article III, o Section 100-31 for permission to construct addition to dwell- lng which exceeds the 20% allowable lot coverage require~O I ment at 437 Seventh Street, S Greenport, N.Y.; County Tax Map Parcel No. 1000-048-01. 035; Greenport Driving Park Map No. 548, part of Lot #35. 8:20 p.m: Application for THEODORE AND MEL ME- TALIOS, by Irving L. Price, Jr., Esq., 828 Front Street, Greanport, N.Y. for a Variance, to the Zoning Ordinance, Article /II, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the front- East Marion, N.Y.; County Tax Map Parcel ID No. ' 1000-023-01-012.2. l~I 8:30 p.m. Application CYNTHIA KAMINSKY, 7.5 Woodcliff Drive, Mattituck, N.Y. for a Variance to the ~o Zoning Ordinance, Article III, ~In Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, N.Y.; County Tax Map Parcel ID No. 100-107-07-028. All persons wishing to be heard on the above applica- tions should appear at the time and place above specified. Dated: December 10, 1982 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER,{~ CHAIRMAN By Linda KowaJlski, Secretary IT-12/16/S2(101)j~4 COUNTY OF SUFFOLK sst STATE OF NEW YORK Potricio Wood, being du:y sworn, soys thor she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspoper printed at Southold, in Suffolk County; and thor 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 .......... ../...~.......~.. ............ of ............................................... 19...~...~.. C~,i to before me this ............... ../.. ............. day of ........ ........... , Notary Public Legal Notice8 NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that tAe Southold Town Board of Appeals Regular Meeti.n'g and Public Hearings for' December 16, 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL WED- NESDAY, DECEMBER ~t2, 198~' AT 'tHE SAME TIMES AND PL,~CE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOAKD · OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowhlski, Secretary 765-1809 (1802) 1TDt§-4129 COUNTY OF SUFFOLK, ] ? ss: STATE Or NEW YORK. j · ?.~. ??., G.~.~.~.~.V..s.o.l~. ................... being duly Sworn, says that . b,e .... is Frinter and Publisher o! the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county: and ~hat the notice, of which the annexed is a printed copy, has been published in the ~ Suffolk Weekly Times once in each week, fo~ ...... .O.~.e. ................. weeks successively commencing on the .... ~. ~.'~.!ii ................. day of ,.. ,~.e..o.e.~,~.~...~...'~....~[~_~. ........ · ............ Sworn to before me this . .ll,~:~h .~.. ~ - day of ...J~¢.~b.C~' .... !19..~. I . ~ · MAIN I~OAD- STAT~- ;~OAD 2S SOUTHOLD, L.I., N,Y, llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 10, 1982 Mr. John Scaramucci 1965 Westphalia Road Mattituck, NY 11952 Re: Applications of Donald Brennan Dear Mr. Scaramucci: We regret to inform you that the December 16, 1982 meeting and public hearings have been adjourned to Wednesday, December 22, 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions, please don't hesitate to call our office at (516) 765-1809. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals HAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL WEDNESDAY, DECEMBER 22, 1982 AT THE SAME TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) Instructions to Suffolk Times: Please publish once, to wit, December 16, 1982 and davit of publication to the Board of Appeals, Main NY on or before December 16, 1982. forward one affi- Road, Southold, Legal Notices LEGAL NOTICE NOTfCE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southeld, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the To,w? Hall, Main Road, Southom, NY on Thursday, December 16. 1982 commencing at 7: 30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southnld, NY; County Tax Map Parcel ID Nos. 1000- 7B-3-3i, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksvilie, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for 9ermission reestablish two legal building lots, each having insufficient area ~nd width at Wahasso Street, Southold, NY; County Tax Map Parcel ID Nas. X000- 7B-~-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion I00-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. 7:45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permission to re-locate dweifin~{ with ]Section 2B0-a. ~Lncation of[ insufficient front, sidle and ~ Property: Off the south side of ~ rearyard setbacks at 1500 ! New Suffolk Avenue,1 Corey Creek Lane, Southold, / Mattituck, NY; County Tax~ NY; CoreY Creek Estates [ Map Pareal ID No. 1000-1164)6-~ Filed Map #4923, Lot 28; 002. J County Tax Map Parcel ID ~.~0:15 p.m. Application o! No. 1000-78-4-19. DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot//2 having insufficient area and Lot//3 having insufficient road frontage along Laslie's Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutehogue, NY; County Tax Map Parcel ID Nas. 100097-4-11,12 and 17. 0:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insuff/cient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 1000-061-04-013. · 3:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46- 12 -and 46-17(C) [1] for permission to utilize basement fer utilities below the minimum required elevation above mean sea level in this A- 4 Flood Zone. Location of Property: 10090 New Suffulk Avenue, Mattituck, NY; County Tax Map Parcel ID ~B' 1000-116~o-002. .~_ :10 p.m. Application for DONALD BRENNAN by John Scaramueei, 1965 Westphalia PRoad, Mattituck, NY for a Variance for approval of access, Now York Town Law NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenpert, NY; County Tax Map Parcel No. 1000-046-01-035; Greenport Driving Park Map No. 549, pert of LOt #35. 8:20 p.m. Application for THEODORE AND MEL .................. METALIOS, by Irving L. Price, Jr., Esq., 028 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07- 02~. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1,19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARDP. GOEHRINGER CHAIRMAN By Linda Kowaiski, Secretary 1TD9-4122 being duly Sworn, ;r of the SUFFOLK t Greenport. in said nnexed is u printed folk Weekly Times ........... weeks TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, ~ ~.o~..~o~,.~nc:l .............. ~ ............. of ..:1965..~.es.t,p]~j.~.~0.azl. ......................... Name of Appella,nt Street and Number ...~,~..~.;I,.1~.~; ........................................................................ ~f~.~....~.orlr.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... n/a. ........................ DATED .0.C~.l~.]l:)..e.:~..2..1 ~...'J,~1..8..2. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of J.9.6~...~e ~t l~h~:[ Im~ ......~.%~i.~.uck ........................... ~.~.~...~.ork ........... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~ ButldinE Permit 1. LOCATION OF THE PROt~ERTY 100.9.0 New ..~.f.9...l~ Av~ A Street Use District on Zoning Map ........ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indihate the Article Section, ~ Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Town T, aw .q~inn 2~[1A ,~B~_e'hin~ ~ 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (T) 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 ~ (h,as not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL (][) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that ~pplicant requires a building permit for alterations to premises serviced by private right of way, as shown on attached survey of Roderick Van T~yl, P.O. date~ Nov. 10, 1982. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The actual 15 foot right of way contains several large eycamare trees on the westerly side which the applicant, owners and neighbors would not want to see removed. 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 The tree8 az'e l~'tio~lZe ~l-~-d any low lying branches could be .tr~mmed to conform. The existing drive is about twelve feet wide and is in good condition for year round travel. It is generally level and straight with an overall length of about 626 feet from New Suffo]_k Ay. to the Brennan ' s property line. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would be in keeping with the neighborhood,which is a fine example of the pristine beauty of the North ~ork and the Town of Southold. COUNTY ' Sworn to this ~ /~'-'-~ day of ~~..~.....'~... ..... 19 '"i: ......... L ........... r .............. :'"': ......................... Notary Public JUD!TH T, TERRY No~a~/ Public, Slate of I'lew York Ho. 52.03,;4963 Suf,o:k County/~-,.~ Commission Expires March 30, 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 TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~Liz-is.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:/~l~hr/--o~ LU,q~H .'S/)~rf~/ d6~U6~3 6'~fPf:O/J~ ,z:)M. ~,q'-~//c~'~,f~.. /u, 7: 3. That the property which is the subi~,c,~ 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 Zoning Code applicable to the relief sought by the under- signed are Article Sectic~ ~ ~3~3 ~3 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address -"--P 250 988 597 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAIL (See Reverse) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATEOFNEWYORK) COUNTY OFSUFFOLK) SS.: ~l'tr"~ ~/.i":},(Lf:~o'q~,~(Ld,,~ , residing at 1~(.~'- (~)~-f~z~Li/~ ~ ~ ~.~ . ~',~ ~ ~ J~ ~ , being duly sworn, deposes and says that on the / ~ day f ~%(X, ~-- ,19 ~ ~ deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~'~P J~ ; that said Notices were mailed to each of said persons by ~ertified~ ~) mail. Sworn, to~b~fore me t~s ~ /~"-- day o~-;'~ , 19 Notary Public ]UD!TH T TERRY ~ot~ public, State of N~ York ~ ~r'3~963 Suf;o'.X Coun~ S,q,Oi~,T EHVIP, OHhIEHTAL ASSESSt,~Diql ~' (a) ~ orderto answer the questions in this sho~t EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the octio'n. It is not expected that odd/tionol studies~ research or other investigations w111 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 likely ~hat this project is not significant. . '. (dj Environmental Assessment .. ~. I'1ill project result in o large physical change to the project site or physically alter more ~hon 10 acres of 1?nd? ...................... Yes ~. ~'lill there be a major change to onX unique ~' ' -unusual land form found on the s~te? ........ Yes 3. 1'/ill project alte~ or hove a large effect on ' existing body of water? ..................... Yes. 4. ~'til} project have a potentially large ~mpoct on groundwater quality? ..................... Yes ~ No_ 5. ~'t~11 project significantly effect d~o~nage flow on adjacent sites? ...................... Yes 6. ~'Ii~1 pro)oct affect any threatened o~ endangered plant or an~mal species?. . Yes 7. %'lill project result in o [nojor adverse'A~e~iT' on air quality? ............................. .. Yes. 8. %']ill project have a major effect on visual character of the community or scenic views or vistas ~nown to,be imporlont to the community? Yes ~ ~o 9. %Vill project adversely impact any site or structure of historic, prehlstoric or paleontological importance or any site designated os a critical environmental oreo 10. %'~ill project have a major effect on existing or future recreational opportunities? ......... Yes ~ No 11. %?ill project result in.major troffi'c problems oK cause o major effect to existing transportation systems? ....................... Yes. ~ No 12. 1'/ill project ..reguiarly cause objectionable odors~ noisel glare~ vib~otion~ or electrical disturbance es a result of the project's tion? ' Yes ~ No opera' 13. ~'lill project hove an), impact on public health or.safety? .................................... . yes 14. Will p~oject affect the existing community by ' directly causing a growth in permanent population of more thom 5 perce~t over o one year period or hove o major negative effect on the character of the community or Yes neighborhood? ................................. .. 15. Is there public controversy concerning project? ...................................... Yes. ~ .Ne PREPARER'S SIGHAIURE REPRESEIITING_. ~m . ~l~/~. DATE (Tod'ayP s ~Date) Re: Southo!d Town Board of Appeals Main Road Southo!d, NY 11971 Appeal Application of Location of Property: [ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal aprllca~on. (please check one box) IR] be locatad within 300 feet of tidal wetiands; May however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] Play 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 con~_~e wall existing not -[ ] appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, ure please P£CONIC