HomeMy WebLinkAbout2962REEVES, GERTRUDE K. $2962
O~f" C~T~i~-Ch--RdU', Or ie~t~
approval of insuff, depth of parcel.
15-8-20,21,23,26
Southold Town Board of Appeals
MAIN F~OAD- STATE F~OAD 25 SOUTHOLD, L.I., N.Y. 1397]
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2962
Application 'Dated March 19,
TO: Richard F. Lark, Esq.
Main Road, Box 973
Cutchogue, NY 11935
1982
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on June 17, 1982
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
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, at which time
the hearing was declared closed pending the following deliberations.
Upon application for 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 insufficient depth of parcel located
off Cedar Birch Road, Orient, NY; 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 and 26.
The board made the followinq findings and determination:
By this appeal, appellant seeks approval of 150' depth of a parcel
located off the west side of Cedar Birch Road. The parcel in quesion
contains an area of 40,500 square feet and road frontage of 270 feet.
The board agrees with appellant's reasoning, and that the relief, in
the board's opinion, cannot be obviated by any method other than a
variance.
In considering this appeal, the board determines that the variance
request is not substantial in relation to the code requirements (14%);
that the circumstances are unique; that by allowing the variance no
detriment to adjoining properties would be created; that no adverse
effects will be produced on available governmental facilities of any
increased population; that the relief requested will be in harmony with
and promote the general purposes of zoning; and that the interests of
justice will be served by allowing the variance as applied for.
On motion by Mr. Douglass seconded by Mr. Grigonis, it was
RESOLVED, that the ~pplica~i0n for GERTRUDE K. REEVES for approval
of insufficient depth of a parcel located off the west side of Cedar Birch
Road, Orient, be and hereby IS APPROVED AS APPLIED FOR in Appeal No. 2962.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki.
June 25, 1982.
DATED:
Form ZB4 (rev. 12/81)
~C~----//~//~ -
Gerard P. G6ehringe/
CHAIRMAN, SOUTHOLD tTOWN ZONTNG BOARD
OF APPEALS
RECEIVED AND FILED BY
T~m SOUTHOn~ TO;'~'N
Town Clerk, Town of SouH:e~Id
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE OOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southe, ld T tvn Board of Appeals
MAIN RnA :~D: BTA~";RrlAD 25 c~DUTHDLD, L.I., N.Y. 119'71
TELEPHONE (5t6) 765-1809
NOTICE IS HEREBY GIVEN, ~ursuant 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.
1000-10-6-3.
7:05 p.m. Application 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. 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 Ave., Kiernan, Annabel; west by Stillwater
~,~ south by Stillwater Road; east by East Creek; County Tax
Map Parcel NO. 1000-137-3-8.
Lane,
Article III, Section
exceeding the height
Location of Property:
north by Horton Lane;
Kempner; west by
1000-54-7-1.004.
7:15 p.m. Application of JOSEPH W. HAWKINS, 7085 Horton
Southold, NY for a Variance to the Zoning Ordinance,
100-32A for permission to construct windmill
limitations for accessory structures.
7085 Horton Lane, Southold, NY; bounded
east by Sheffield; south by Kramer &
Booth and others; C~unty Tax Map Parcel No.
2 Hear ies
Legal Notice of
Regular Meeting for June 17, 1982
Southold Town Board of Appeals
7:20 p.m. Application of MIRIAM BATSON, 443 Main Street,
Greenport, NY for a Variance to the Zoning Ordinance, Article
III, Section 100-31 for permission to construct an addition to
existing dwelling with a reduction in rearyard setback at
Bayview Drive, East Marion; more particularly known as Gardiners
Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map
Parcel No. 1000-37-4-3.
7:30 p.m. Application of SERPENTINE REAL ESTATE CORP.,
695 DiEllen Lane, Elmont, NY (by Gary Flanner 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
Jute Lane, Mattituck; bounded north by Wood; west 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 Pine 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 to the Zoning Ordinance,
Article III, Section 100-35 for permission to 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. 1000-115-15-14.
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
to dwelling with an insufficient rearyard setback at 46 Sunset
Lane, Greenport; 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
Legal Notice of Hearings
Regular Meeting for June 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, Article 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-
97-9-10.1.
8:10 p.m. Application of ELWOOD AND 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 GERTRUD~E K__a. REEVES, by Richard F.~
rk, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning
dinance, 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;I
south by Gardiner's Bay; east by
21!p Parcels No. 1000415-8-20, Cedar Birch Road; County Tax
, 23, 26. ~
8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer,
Esq., Main Road, Southold, NY for a Variance for Approval of
Access, New York Town Law, Section 280a. Location of Property:
400 feet easterly of Mill Road, Mattituck; bounded north by
Bungalow Lane; west by Right-of-Way, others;
Private
Janis
and
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 CO., by
~i~il A. Wickham, Esq., Box 142--~, Ma--~titu~k, ~Y f--~--r a--~ariance
e Zoning Ordinance, Article VII, Section 100-71 for permis-
sion to construct drive-in banking facility with canopy extending
into the frontyard area. Location: Mattituck Shopping Center,
Main Road, Mattituck; County Tax Map.Parcel No. 1000-142-1-26.
9:05 p.m. Application of SOLWIN INDUSTRIES, INC., c/o
Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street,
Riverhead, NY for a SPecial Exception to the Zoning Ordinance,
P~ge 4 Heari~
Legal Notice of
Regular Meeting for June 17, 1982
Southold Town Board of Appeals
Article IX, Section 100-90A for a windmill farm to be located on
premises zoned C-l. 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; east 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)
permission 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; 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
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.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To .C...~....~ ~... ~ ~.. ~..O.~.$..
.. ~.. ~!.C. rf~ .r0... ~.*..~,. ...........
..../7~r.~...?:0/.. ~5. ~?'f,. . .~. 7.~. /. . C.~,-r e,-~o ~ ~,~
PLEASE TAKE NOTICE that your application dated ................ /.2-~.. f. ?, 19 ?. ~
fo~~..~:.~.,.r....9:?.~..C~r?.?N..~..~...~C.qq~0.~.,c. Y. ..... 'at
Location of Property . . '
co~.~ ~x ~ ~o. ~o0o ~io. ..... (~; ..... ~o~ ...... ~ ...... ~o~ . ~ ........
Subdivision ....... -~ .' ....... Filed Map No ...... 7 .,~ ....... Lot No ..................
is returned herewith and disapproved on the following grountnt~s . .~. ~...L. 0..T...~..,0. ~...~..~..E.~. .....
Building Inspector
RV 1/80
'I¥1AR 1 g lg8~, TOWN OF $OUTHOLD, NL~ YORK
"'[~III (~(s'~FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. c~ ~'o/ ~'
DATE ...ll~z~,b..L~,..-],~
Name of Appellant Street and Number
..................... O~,~t, ............................................................ HeW..Xezk..ZIg.5.~..HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... I~#l~¢u~,'~'..~0,..3g~. ..............
WHEREBY THE BUILDING INSPECTOR DENIED TO ~zt, z~· l~v·l & OZ·o
...............................................
Name of Applicant for permit
of
.. .......................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
( )
(X)
Street Use District on Zoning Mop
SuffoXk ~ty T~ ~ ~. 1000-15-8-20
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.) Art. reX· XZZ, Section 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 Low Chop. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal {Ii.Ii) (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 o variance
and was mode in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~) A Variance to the Zoning Ordinance
(' )
is requested for the reason that Pe~:L~Loner i8 de·~Lrou8 to obtain ·~tovaX to build on ·
Forth ZB1 (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because your l~etAtA~ez, GezCzude Ii:. i%eewee ~m
~, 270 feet a~ng ~ wo~r~y sade of a r~gh~ or way ~
~ ~s ~50 fee~ ~ep ~n~ga M~ o~ 40,500 s~e fee~. ~e
bp~ 19, 1998 ~ch Ls at~cbd ~e~ as ~A~ 2. t~ ~ As aX~ ou~
~ red ~ ~g o~ ~ s~d for ~v~ U. ~ b~U pre~
P.C. ~d F~y 8, 1978, ~oh Aa a~c~ here~ as ~A~ 3. ~e
~ ~e ~ro~rty o~ by ~te X. ~lcA ~ ~ aR~ by
~n~g ~d o~ ~a on ~y 16, 1~2, ~p~ ~S6) a~
2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate
vicinity of this property and in this use district because ~e ~h~9
s~n~[e~ ou~ [l~ ~L~cu[e~ ~o[ ~o= e~c~e[ ~zea~en[ ~ ~e~=~ng
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this is ~* es~li~hed residential neig~bornood
and ~ll o£ tb~ lots ~e n~,-confo~g as far a~ the Uet~th requl~ents a~ oth~
as~s of ~ne c~rent Zoning Ordinance of the To~ of Sout~ld. The grating o~
~ne varia~e aD~ allowing the construction of a resiaencm ~uld ~ in co~or~ty
wit~ ~he res~ of ~nis ~r=icular rmmiden~ial area.
STATE OF NEW YORK)
) ss . i .......
COUNTY OF SUFFOLK )
Sworn to this 19~ day o ........................................................ 1~2
.............................................. f t4arcn
Notary Public
$outhold Town Board of
APPEALS BOARD
MEM/~ERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERTJ. DOUGLASS
JOSEPH H. SAWtCKI
June 23, 1982
Richard F. Lark, Esq.
Main Road, Box 973
Cutchogue, NY 11935
Re: Appeal No. 2962 - Gertrude K. Reeves
Dear Sir or Madam:
This letter is to confirm that the following action was
taken at a Regular Meeting of the Southold Town Board of Appeals
held on June 17, 1982:
RESOLVED, that the application for GERTRUDE K. REEVES. for
approval of insufficient depth of a parcel located off Cedar
Birch Road, Orient, be and hereby is APPROVED AS APPLIED FOR in
Appeal No. 2962.
This resolution was unanimously adopted.
An official determination and findings will be filed with
the office of the Town Clerk as soon as possible and simultane-
ously forwarded to you for your records.
If you have any questions, please do not hesitate to call
our office. If you wish to start construction as early as pos-
sible, please return to or call the Building Department for
issuance of your building permit at 765-1802.
Yours very truly,
GERARD p. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
cc: Building Department
Mr. T. Wilson
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RE]AD- STATE ROAD 25 SrtUTHI3LD, L.I., N.Y. ]1cJ'7'1
TELEPHONE (516) 765-1809
June 28, 1982
Richard F. Lark, Esq.
Main Road, ~ox 973
Cutchog~e, NY 11935
Re= Appeal No. 2962 - Gertrude K. Reeves
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and
determination recently rendered and filed this date with the
Office of the Town Clerk concerning your application.
In the event your 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,
Enclosure
Copy of Decision
to Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
HENRY E. RAYNOR. Jr.. Chairman
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
William F. Mullen,
Jr.
Southold, N.Y. 11971
TELEPHONE
765-1988
May 27, 1982
Mr. Richard Lark
Attorney at Law
Main Road
Cutchogue, New York 11935
Re: Gertrude Reeves
Dear Mr. Lark:
The following action was taken by the Southold Town Planning Board,
Monday, May 24, 1982.
RESOLVED that the Southold Town Planning Board grant a set-off (106-13)
on the property of Gertrude Reeves as indicated on the map entitled
Edwin H. King Estate, dated March 5, 1982, located at Orient, subject
to the applicant receiving approval from the Zoning Board of Appeals
within six (6) months from date of resolution.
Kindly forward six (6) copies of the final map to this office as soon
as possible. Thank you for your cooperation.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
cc:
Board of Appeals
oard o! A paals
By Susan E. Long, Secretary
HENRY E. RAYNOR, Jr.. Chairman
gREDE?'C';
JAMES MALL
BENNETT ORLOWSKI,
GEORGE RITCHIE LATHAM,
William F. Mullen,
Jr.
$outhold, N,Y. 11971
May 13, 1982
TELEPHONE
765-1938
Mr. George Fisher
Senior Building inspector
Southold Town Hall
southold, New York 11971
Re: Ge~r~r__ude Reeves min~or subdivision
Dear Mr. Fisher:
our board has reviewed the above captioned subdivision located at
Orient, and have no objections regarding this proposal. The map
reflects the required 40,000 square feet and upon a field inspec-
tion, the board noted this property suitable for building-
Before any action is taken on this proposal, we request an explana-
tion on why such a prOposal needs a variance for insufficient depth
as stated in your notice of disapproval dated February 10, 1982.
We would appreciate your reply as soon as possible. Thank you.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
$OUTHOLD ToWN PLANNING BOARD
By susan E. Long, Secretary
cc: Board of APPeals/
Richard Lark, Esq.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. llg~l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO:
Southold Town Planning Board
DATE:
SUBJECT:
April 16, 1982
Matters Tabled Pending Planning Board Comments
The following is a list, as of today's date, of the matters
before the Board of Appeals which have been tabled pending
review by and receipt from your board concerning the subject
subdivisions and their proposed layouts:
BOOS, NORMAN C. Appeal No. 2914
GOLDEN, GRACE Appeal No. 2958
HARREN, HUBERT Appeal No. 2945
KUJAWSKI, PETER Appeal No. 2946
MANOS, JAMES Appeal No. 2970
~REEVES, GERTRUDE K. Appeal No. 2962
WILSBERG, ERNEST E. Appeal No. 2811
YOUNG, RAYMOND & JOAN Appeal No. 2964
Once you have determined that the layout of the subdivision
appears satisfactory, please let us know as early as possible
in order that we may arrange to schedule them for public
hearings. AlsO, any time you may need information from our
files, we will be glad to provide you with same.
Southold Town Board of Appeals
HAIN ROAD- STATr ROAD 25 SDUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOERRINGER, CHAIRMAN
CHARLES GRIGONIS, ,JR.
SERGE DOYEN, JR.
ROBERT .J. DOUGLASS
JOSEPH H. SAWlCKI
April 15, 1982
Richard F. Lark, Esq.
Main Road
Cutchogue, NY 11935
Re: Appeal No. 2962
Application of Gertrude K. Reeves
Dear Mr. Lark:
Upon reviewing the recent appeal application of Mrs. Ger-
trude K. Reeves, please be advised that the following action
was taken by the Board of Appeals at a Regular Meeting held
Wednesday, April 14, 1982:
RESOLVED, to table Appeal No. 2962, application of
Gertrude K. Reeves pending review and approval by the Planning
Board concerning the proposed layout on this subdivision.
This resolution was unanimously adopted.
If you have any questions, please do not hesitate to call
our office.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Secretary
'BOARD OFAPPEALS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town law and the
Provisions of the Amended'
Code of the Town of Southol&
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:
construct addition to dwelling
with an insufficient rearyard
setback at 46 Sunset Lane,
Greenport; 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.
7:55 p.m. Application of
Peter Kujawski, by Stanley C;
~ Corwin, Esq., 634 First Street,
Greenport, NY f~r a Variance-.
(1) to the Zoning Ordinance,
Article 111, Section I00-31 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 and aha; south
by Marco; west by Skunk
Lane; .County Tax Map Parcel
No. 1000-97.9.10.1.
8:10 p.m. Application o'f
Elwood and Carol Hughes,
1711 Meadow Lane, East
Meadow, NY 11554, for a
Variance to the Zoning Ordi-
nance, Article IH, 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 ot~
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., Mai~
Road, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, Article IH, Section
100-31 for approval of insuffi.
cient 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
Tax Map Pm~el No. 1000-1-41.
1-37.
~ ~t/~Sr:30' p.m. Application
/,~.rtruoe K. Reeves, by
[ ~Richard F. Lark, Esq., Main-
d, Cutchogue, NY for a
Once to the Zoning Ordi-
ce, Article III, Section'
y,l.00-31 for approval of insnffiY
/Cient depth of parcel(s) locatd
[~at. ed off Cedar Birch Road;,
].O. ri.ent_; bounded north by]
west by Srawner
[.ann Cedar Birch Road south
] by Gardiner's Ra~, -
Ced.' ' ---J; east by
. .eoy B ch Road; County Tax
[ ~.Map Parcels No. 1000-15-8.20,
8:45 p.m. Application of
James Manos, by Rudolph It.
I ~Bruer, Esq., Main Road,
SOUthold~ NY ¢,~r~ ,.. v .....
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricio Wood, Being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
m~qn once each week for ........................ ../. ....... ~......weeks
successively, commencinfl on the ........... ../..../~....'..~.. ..........
........... ....... . ......
............. .7 ........ ....................
Sworn ~fore me this ................................ day
................... ~,~,~,~,~,~,~,~,~,~_...~.~ .... , 19 ..~,,,~.~
of
CLEMENT J. THOMPSON
NOTARY PUBLIC, 8tat~ d New Vodl
l~, ~1725
LEGAL NoTICE 7:40 Application of' othersi Co~{y T Map'
GERA ALLIANO, 2125 Parcel No. 104}0-113-6-14.
NOTICE IS HEREI~Y Pine Tree Road, Cutchogue,
GIVEN, pursuant to Section
267 of the Town Law and th~
Provisions of the Amended-
Cede of the Town of Southold,
the following maters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Town Hall, Main
Road, Southold, NY on Thurs-
day, June 17, 1982 commenc-
lng at 7:00 p.m. and as follow:.
! 7:OO p.m. Application of
/Bouton Services Inc., for
/JOHN J. BOGERT, Fox and
! Crescent Avenue, Fishers Is-
/land, NY for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permissions1
to erect antenna tower excee~
lng the height limitation for
accessory structures.
Location of Property: 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, 357~.
Minnehaha Boulevard, South.
old, 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 Min-
nchaba Boulevard, Southold;.
bounded north by Laughing
Waters; west by Tschiember; j~
south by Minnehaha Boule~,.~
yard; east by Young; County
Tax Map No. 1000-87-3-7.
7:10 p.m. Application of
VINCENT W. ANNABEL,
Stillwatec Avenue, Cutchogun,
NY for a Variance to the Zon-
ing 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, Cut-
c.h. ogue, NY; bounded north by
Stlllwater Ave., Kiernan, An-
nabcl; west by Stlllwater Rd.;
NY for a Variance to the
ZoUln~ Ordinance, Article III,
Section 100-32 for permissioh
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, Mattitock, NY N
for a Variance to the Zoning.:
Ordinance, Article III, Section
100-35 for permission to con-
struct 8'-high fence in the
frontyard (which would
exceed the, 4' height
limitation) at 1520 Donna
Drive, Mattitnck; Deep Hole
Creek Estates Subdivision.
Filed Map No. 4256, Lot No.
33; County Tax Map Parcel
No. 1000-115-15-14.
7:50 p.m. Application of
STANLEY AND MARY
MOISA, 46 Sunset Lane,
Greenport, Ny for a Variance
to the Zoning Ordinance, Art-
icle III, Section 100-31 for
permission to construct
addition to dwelling with an
insufficient rearyard sethack.~
at 46 Sunset Lane, Greenpert;
bounded north by Mellns and
Ahaesy; east by Romei; south
by Dinizin; west by Sunset
Lane; County Tax Map Parcel
No. 1000-33-4~o3.
7:55 p.m. Application of
PETER KUJAWSKI, by
Stanley C. Corwin, Esq., 634
First Street, Grnenpert, NY
for a Variance: (1) to the
Zoning Ordinance, Article 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 250a for
Approval of Access. Location
south by Stillwater Road; east
by East Creek; County Tax
Map Parcel No. 1000-137-3-8.
7:15 p.m. App]icatinn of
JOSEPH W. HAWKINS, 7085,,~
Horton Lane, Southold, NY for
a Variance to the Zoning
Ordinance, Article III, Section
100-32A for permission to cen-
struct windmill exceeding the
height limitations for ac-
cessory structures. Location
of Property: 7085 Horton
Lane, Southold, NY; bounded
north by Horinn Lane; east by
Sheffield; south by Kramer &
Kempncr; west by Booth and
others; County Tax Map
Parcel No. 1000-54-7-1.004.
7:20 p.m, Application of
HIRIAM BATSON, 443 Main
~treet, Greenport, NY for a
Variance to the Zoning Ordi-
lance, Article Iii, Section 100-
ll for permission to construct;,~
m addition to existing
lwelling with a reduction in
· earyard setback at Bayvinw
)rive, East Marion more
articularly known as
;ardiners Bay Estates Filed
{ap No. 275, Latz 123 and 124;
'ounty Tax Map Parcel No.
~00-37-4-3.
7:30 p.m. Applicaton of
ERPENTINE REAL ES-
ATE CORP., 695 DiEllen
ane, Elmont, NY (by Gary
la.nner Olsen, Esq.) for a
ariance to the Zoning
rdinance, Article III, Sec-
an 100-31 for perm!ssiou to
~ve dwelling (converted
o.m a barn) with an insuf.
nent sideyard setback a~v
300 Main Road, Pnconic
ear Southold); bounded
of Property: 3275 Skunk Lane,
~Cutchogue; bounded north by/
~ay Homes Subdivision, an~
ujawski; east by Pentino &
ann.; south by Marco; west by
Skunk Lane; County Tax Map
Parcel No. 1000-97-9-10.1.
8:10 p.m. Application of EL-
WOOD AND CAROL
HUGHES. 1711 Meadow Lane,
East Meadow, NY 11554, for a
Variance to ~the Zoning
Ordinance, Article III, Section
100-31 for permission to
cons~'uct addition to dwelling
with an insufficient sideyard
at 6125 Skunk Lane, Cut-
chogue; Nassau Farms
Subdivision, Filed Map No.
1179, Part of Lot 130; County
Tax Map Parcel No. 100~104.
4-1. ~
8:15 p.m. Application of
RAYMOND AND JOAN
YOUNG, by Richard F. Lark,
Esq., Main Read, Cutchogun,
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 Hortou Avenue and
Shirley Road,, Mattituck;
bounded north by Young and
others; west by Shirley Read;
south by Horton Avenue; east
by Bergen and others; County
Tax Map Parce~ No. 1000-141.
1-37.
3:30 p.m. Application of
GERTRUDE K. REEVES, by
Richard F. Lark, Esq., Main.~~
Road, Cntchogun, NY for a'
Variance to the Zoning
Ordinance, ArticleIII, Section
100-31 for approval of
insufficient depth of parcel(s)
located off Cedar Birch Read,
rth by Main Road, Cappe Orient; bounded north by
:d Terry; west by Main Read; West by Brawner
'adowski; south and east by and Cedar Birch Road; south
~ppe; County Tax Map by Gardiner's Bay. ,~t ~
rcel No. 1000-75-6-9.2. - ~eoar B~rch Road; County /
z:35 p.m. Application of~? Tax Map Parcels No 1000-15.
9:00 p.m. Application of
NORTH FORK BANK &
TRUST CO., by Abigail A.
Wickham, Esq., Box 1424,
Matfituck, 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:/
Mattituck Shopping Center,
Main Read, Matfithck; Coun-
ty Tax Map Parcel No. 1000-
142-1-26.
9:05 p.m. Application of
SOLWIN INDUSTRIES, [NC..
c/o Esseks, Hefter, Cuddy and
Angel, Esqs., 10~ East Main
Street, Riverhead, NY for a
Special Exception to the
Zoning Ordinance, Article IX
Section 100-90A for a w ndmill
farm to be located on
premises zoned C-I. Location
of Proper~y: Off the north side
of Main Read, East Marion;
bounded north by Tomias and
..... being duly Sworn,
blisher of the SUFFOLK
hed at Greenport, in said
the annexed is ~ printed
d Suffolk Weekly Times
~ ................ weeks
lOth
East Marion War Memorial
Association; west by Koch and ~
?.the.rs; south by Begora and ~ ~ i /
~-etcnam and others; east b~'
Terry; County Tax Map .~ ,~../~..~ .........
Parcels No. 1000-22-3-11, 12, 14 ............
and 15.
9:30 p.m. Application of
SOl.WIN INDUSTRIES, INC.,
c/o Esseks, HeRer, Cuddy and
Angcl, Esqs., I0~ East Main
Street, Riverhead, NY for a
Variance to the Zoning Ordi-
nance, Article IX, Section 100-
90 and Article VIII, Section
100~0 for: (a) permission to
construct towers exceeding
the.height limitation of the
zomng code and (b) an
interpretation of Section 100-
90A to the effect that a
"windmill farm" is a
permitted industrial use
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. I000-22-3-11, 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 .\
ITJ10-3980 ~\- ~.
~A
ENVIROMENTAL DECLARATION: Appeal No. 2962. Application
of GERTRUDE K. REEVES. Variance for approval of insufficient
depth, of parcel.
On motion by Mr.
it was
RESOLVED, to declare the followlng Negative Environmental
Declaration concerning the matter of Gertrude K. Reeves:
E~JVIRONMENTAL 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
kas 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: Off Cedar Birch Road, Orient, NY.
Vote of the Board: Ayes:
M~ ..ssr s. - ·
JUDITH T. TERRY
TOWN CLERK
I~EGISTRAR Ol VITAL STATISTICS
Southold, L. 1., N. Y. 11971
March 19,
1982
TELEPHONE
(516) 765-1801
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2962 application of Gertrude K. Reeves
for a variance. Also included is notification to adjacent property owners;
short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval from the Building Inspector; and survey of
Judith T. Terry ~r
JTT/bn
Enc~ures
Town Clerk
RECEIVED.
TOWN OF SOUTHOLD, NEW YORK
MAR 14~'1~ FROM DECISION OF BUILDING INSPECTOR
Tom ae~ ~mtl~d~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. ~ ~/~
DATE ...~.a..r..c..h....l..9..~ ....1..9.8..2
Name of Appellan~ Street and Number
..................... 9z,$.e;~t. ............................................................. N.e..w....Y..qi;.k....i..i..9-5.,7...HEREBY APPEAL TO
Municip(31ity State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.e.~.u..a..~y..,1..9.,..,]..~.[~.~ ...............
( )
( )
(x)
WHEREBY THE BUILDING INSPECTOR DENIED TO
Gertrude Reeves & ors.
· .~./.°...~.c..a..a.~..~.a.~ ...............................................
Name of Applicant for permit
of
..~..aJ'A..~.°..a..c!,....~.:....0.:.....~...x....9.~,....c.~p.b.o.~.u..e.,.......e.~..~.o.~L.~ .......................
Street and Number Municip(31ity State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Approval for lot with insufficient depth
Westerly side of Private Road
1. L~OCATION OF THE PROPERTY Cean~..B3-~ch..Road~..Dr~er~t-,..NZ.....'~;L'~..~e~t~..&.j~gricultural
Street Use District on Zoning Map District
Suffolk County Tax Map No. 1000-15-8-20
2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.)
Article III, Section 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 (h~[~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for (3 special permit
( ) request for (3 variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
iS requested for the reason that Petitioner is desirous to obtain approval to build on a
parcel of land 270 feet wide and 150 feet deep containing 40,500 square feet of area
on the westerly side of "Cedar Birch Road".
l%rm zB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becau~your Petitioner, Gertrude K. Reeves is bringing this Peti~i0n on
behalf of herself and the other owners of the property: Vera K. Wilson residing at
(No #) Main Road, Orient, New York; Frances K. Demarest, residing at (No ~) Main Road,
Orient, New York; and Edwina K. Gorman, residing at 8 Gordon Lane, Hazardville, Enfield,
Connecticut. At the outset your Petitioner does not understand the Notice of Disapproval
issued by George Fisher, Building Inspector of the Town of Southold, dated February 10,
1982, which is attached hereto as Exhibit 1. The parcel in question is rectangular in
shape, 270 feet along the westerly side of a right of way known as "Cedar Birch Road",
and is 150 feet deep containing a total of 40,500 square feet. The parcel is shown on
a map of property prepared for Petitioner and the other owners of the property dated
September 19, 1978 which is attached hereto as Exhibit 2. The parcel is also outlined
in red on Map of Lands surveyed for Edwin H. King Estate prepared by Roderick Van Tuyl,
P.C. dated February 8, 1978, which is attached hereto as Exhibit 3. The private road
shown on Exhibit 3 is known as "Cedar Birch Roa~'and the westerly portion as far south
as the property owned by Marguerite I. Reich has been approved by the Southold Town
Zoning Board of Appeals on May 16, 1962, (Appeal ~456) and again on April 10, 1975,
(Appeal #2009) pursuant to ~280A of the Town Law.
Heretofore the Building Department of the Town of Southold has issued five Building
Permits and Certificates of Occupancy for houses constructed on the westerly side of
the right of way known as "Cedar Birch Road."
(continued on Rider attached hereto under ~1) ·
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 Building Inspector has arbitrarily
singled out this particular lot for special treatment in requiring a variance when the
adjoining property owners were able to obtain approvals and Certificates of Occupancy
without the necessity of resorting to a variance.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this is an established residential neighborhood
and all of the lots are non-conforming as far as the depth requirements and other
aspects of the current Zoning Ordinance of the Town of Southold. The granting of
the variance and allowing the construction of a residence would be in conformity
with the rest of this particular residential area.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
("~' G er tr ude 5~.naRt ~eve s
Sworn to this .......... 19.t~ ........................... day of .................... F~nch ......................... lg82
APPEA~ FROM D~CISION QF T~S BUILDING INSPECTOR
T~TH~ ~.0t4ING ~OARD OF APPEALS, TOWN OF SO~THOLD, N.Y.
BY GF'RTRUDE K. REEV~-S
REASON FOR THE APPEAL (continued)
(continued)
Starting on the north the property is owned by Earl T. Wilson who receive~ title
from Petitioner~s mother, by deed dated September 22, 1971 and recorded in the
Suffolk County Clark's Office in Liber 7013 page 330. This parcel ia lo~ated on
~he corner of the southerly aide of Main Road (State Rou~e 25) and the westerly
aide of Cedar Birch Road. The lot ia 150 feet deep and contains approximately
225 feet along the westerly aide of CedAr Birch Road. The Southold Town Building
Department issued Certificate of Occupancy No. Z4533 dated January 28, 1972.
Further the Southold Town Zoning Board of Appeals on November 2, 1972
1690) granted to Earl T. Wilson permission to construct a garage in the front yard
area a~ subsequently the Sout~old Town Building Department issued Certificate of
Occupancy NO. Z5056 on April 4, 1973 for
The ~ro~erty 4-~ediately to the north of your Petitioner's pro~erty is owned by
by William H. Taylor and Joha~na Taylor who acquired title to same from your Peti-
~ionar'a father and moeh~r by deed dated A~ril 21, 1970 and recorded in the Suffolk
County Clerk's Office in ?~4~er 6733 page 368. This parcel has a width along
road of 135.0 feet and a depth of 150.0 feet for a total area of 20,250 square
feet. The Building Department of the Town of Southold issued a Certificate of
Occupancy on March 16, 1971 (Z4171).
The property twm~diately to the south of ~our Petitioner*s property is owned by
Janice Robinson (Fitzgerald) and contains 197 feet along Cea~ Birch twlth a depth
of 150 for a total area of 29, 550 8~luare feet. A Certificate Of Occupancy wes
issued by the Southold Town Building Department for a one-fAmily dwelling on
Dec~-~er 9, 1961 (Zl192).
Proceeding in a southerly direction the next pro~erty is owned by your Petitioner's
mother, Frances King, and has 213 feet along Cedar Birch Road with a depth of 150
feet for a total area of 31,950 square feet. A Certificate of Occupancy wes issued
by the Southold Town Building Department on June 11, 1963 {Z1591).
The ~arcel of property~{nnnediately south of Mrs. King's is owned by Frank J.
Braddick and Nancy Braddick who acquired title from Norman Reich by deed dated A~ril
19, 1974 and recorded in the Suffolk County Clerk's Office in Libor ,7828 page 157.
This ~arcel is vacant, has a depth of 150 feet and a total area of 44,342 sq~--~e
feet.
The lot adjacent to the Braddick property in a southerly direction is owned by
Marguerite I. Reich who acquired title from Norman Reich by deed dated July 15, 1981,
and recorded in the Suffolk County Clerk*e Office in ~-~er 9042 Page 503. This
property is ~'-*regular in shape, has a building depth of 150 feet, and contains 44,343
square feet. This property received from the Sout/%old Town Building De~ox~ment a
Certificate of Occupancy for a private one fomily dwellong on August 15, 1975 (Z6636).
When your Petitioner and her sisters acquired title from their mother, it was be-
lieved there wes no need to obtain approval from the Sou~hold Town Planning Board and
Zoning Board of Appeals in that: The boundaries of the lot ~ already bean estab-
lished by prior deeds and had been approved by ~h~ Southold Town Building Department
issuing Certificates of Occupancy~ the Zoning Board of Appeals had ~reviouely approved
"Cedar Birch Road" aa a recognized right of way~ and the Southold Town B~41~ing Depart-
ment had issued five Building Permits and Certificates of Occupancy for parcels of land
having a depth of 150 without requiring variances, ~ome of which iota contain smaller
areas than your pstitionsr~s parcel. For reasons best known to h~mself, the Building
Inspector has arbitrarily decided to require Petitioner to seek an area variance with
respect to insufficient lot depth. The property is locatod in an "A# Residential and
Agricultural District which reT~iree 175 feet of lot depth. Petitioner's practical
difficulties ere obvious in that "Cedar Bi,ch Road" is an established right of way,
and it ia impossible to obtain a greater depth than 150 feet which exists for all of
the lots on the westerly aide of tho right of way.
In accordance with the current procedures in the Town of Sou~hold, your Pe~tioner
has applied to the Soutbold Town Planning Board~t~ obtain ~proval for this ~arcel.
~Ge~r=ude K. ~Reev&a ~ --
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
GERTRUDE K. REEVES
to the Board of Appeals of the Town of Southold
TO:
William H. Taylor &
RFD 1, Box 80
Orient, NY 11957
Wf
Janice Robinson
Cedar Bit. ch Road
Orient, NY 11957
NOTICE
TO
ADJACENT
PROPERTY OWNER
David M. Brawner & Wf
Main Road
Orient, NY 11957
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) (~Fd~[K~I[~){~i~t]~I[R~'~[~ (the following relief: obtain approval
for lot on Cedar Beach Lane with insufficient depth. ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Taylor; East by Cedar Bi~ch Road; South by Robinson
~itzgerald)~ West by Brawner
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural District
4. That by such Petition, the undersigned will request the following relief: obtain approval
for lot on Cedar Birch Road with insufficient depth.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31
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) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in 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 19, 1982
~itioner Gertrude K. Reeve%
PostOffice Address
Youngs Avenue
Orient, New York
11957
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
william H. Taylor & Wf
Janice RObinson
David M. Brawner & Wf
3:)1A1~35 1dl3031~ Nl~fll31~
$]3l^113S 'lVN01id0
S33:1 ItOJ It]J.$VlRIS0d I]flSN03
RFD 1, BOX 80, Orient, New York 11957
Cedar Birch Road, Orient, New York 11957
Main Road, Orient, New York 11957
(See F}everse)
Taylor & Wf
Barbara Diachun , residing at School House Road,
Cutchoque, New York , being duly sworn, deposes and says that on the ] 9 day
of March ,19 8 2 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Cutchogue, New York ; that said Notices were mailed to each of said persons by
(certified) (mgi~l~): mail.
Sworn to before me this 19th
day o~f March ,.19 82
Notary Public
Barbara Diachun
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
~OUTHOLD, N.Y. 11971
May 21, 1982
Planning Board
Town Hall, P.O. Box 728
Southold, NY 11971-0728
Re: Gertrude Reeves Minor Subdivision
Your letter of May 13, 1982
Gentlemen:
This proposed lot does not have the minimum re,
as required in the Code, Art. III, Section 100-31. Thi:
lot had no Planning Board's approval to be subdivided by
owner of a larger parcel over which an approved access does
exist. This lot could'have the required depth, but ~hich would
include a portion of the approved access over which t.he Othe~
could be given right of wa~. i' 'i-~
I have found no Planning Board's approval of an~ platt o~
subdivision. Mr. King had a map,~of land showing lots~ compil:ed.
in 1953 (before Zoning) and revised in 1962. This was'never
filed in the County Clerk's office to my knowledge.
This
(~HF :ec.
does not technically comply to Zoning.
Yours very truly,
George H. Fisher
Senior Building Inspector
~Copies to the g on or about June 8,
Suffolk Times, Inc.
L.I. Traveler, Inc.
Hand Deliveries 6/8/82.
Bouton Services,~'Inc. (for John J. Bogert), Box 506, F.I. 06390
Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd, Southotd
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 //oo~
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
TOWN OF SOUTIIOI I)
B{ JI I.,DING DFP MOl'MEN !
TOWN CLFRK'S OFFICE
SOUTHOLD, N.Y.
NO'I ICI. ()1 D~:,; M'I'I,~()V '~1
File No ............
pL~A~'; I'AK,' s()'r,('}~ [hal yol,l' ilpj)lit'HtiOl, dHlod ............... [~.. r. ~, 19 (~
for ' . ....... 7 ..:... ,- ........................ ae
County Tax Map Nt,. lO00 Sectiou /" Bh,ck .... ~ . i.ot ~ ........
Subdivision ....... "-. ........ Filed Map No .... ~ ....... Lot No .................
is returned herewith and disapproved on lhe tbllowing ground~ .t.~I~..~..'...~7~. ~... ~ .........
J3tlJldillg [tlspcctor
RV 1/80
F, XHIBIT
?/CT ] OIlS:
---~) Jn order Lo answer the questions in this short EAF it is assumed
the prcporer wJ]l usc currcn¢l)' ovoLloble inFormo¢ion concerning ~he
additional studios, research or other investigations will ~e undertaken.
(b) l[ any qboG~Jon has been ons',.~ored Yes tho project may be
~ignificonL and o co:~pl,~Led Envlron~ontol Assessment Form is necessary.
(c) ][ o~l que:;[ions have been answered J'io it is likely that this
projcc~ ~s not significant.
(C) Environment(;1 '~ ...... ~ '
. p. .,cci resuZt in o large physical change
to ibc projcc[ site or physically alter more
' Yes X
t~,~:n 10 acres o~ lgnd? ................... .
2. Uiil there bo a mo~or chanoe to any uniqu$ $~ '
u:,u~uol !end fo:m found on {he '*
- si~e .... Yes x NO
3. Will pro]eeC olte~ o~ have a large' effiec¢ n
existing body of ' ~ Yes x No
4. Will ~:'ojo~t hove a potcn'ti~lly lorge impo:t '
on groundwater quell~ 9 . ·
,y .................. Yes X' No
5. ¥;ill project significantly effect droinog~ ....
flow on 9djacen~ sites? ..... . .............. Yes X No
6. ¥/ill projec[ affect any tJlr~o~cnecJ or
cnd(,nOcrcd plant or animal species? ........ Yes X No
7. ¥1ill project result in o major adverse e~feht ~ '-
~ ' ~ ,9 Yes x
on air c;ua.~l~) ...... · ........................
8. ¥/ill prnjccf hove o major effect on vi%ual ''
chc~roctcr of ~he communi[y or scenic views or
v~nLo5 known;~o~be, important fo ~he community?. 'Yes x J~o
F. Will I)roj'ect adversely impoc[ on7 site or ..
5%ruclure of historic, prehistoric or
paleonlo].ogicol imporlonce or any site
dcsignc, tcd os a critical environmental oreo
})y a local agency? ........ - ....... Yes X ~Jo
10. ~'/ill project hove o major e~foci on exisflhg
or fu[urc recreational opporiunifies? ......... Yes X
11. %/.[1! project result in .~ojor traffic problems ....
or. cause o major cf;'eci to existing
~' nnp 'io[~on s>s'[, ~ Yes x No
12. ¥,'ill projec~ .r.egu!arly cause objec~ionoSle ' '
o(~or5, noise, glare, vibration, or electrical
(Jisturbc~nce os a rcsul~ of ~he project's
oper%[ion? ' ' Yes X No
13. ¥/il! projcc¢ hove sn)' impact on public healLh ''
or so' ~y? Yes X No
14. ¥1il! p?oject affect tho existing community by ~
" directly causing o growth in parmcncni
I)opulolion of moFe than 5 perce{~t over a one
year period or hove o major negative
on the character of the community or
neighborhood? ................................. Yes X No
15. Is there public controversy concerning
project? ~cs X
PREPAREP,'S SIGlh~IU,' nE'
REPRESEHTIh'G Gertrud~ K. Reeves DATE
March
March 19, 1982
(Today's Date)
To:
Southold Town
:.lain Road
Southo!d, NY
Board of Appeals
11971
Re: Appeal Application of Gertrude K. Reeves
Location of Property: Westerly side of Cedar Birch ~oad,
Orient, New York
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 ~YCRR, Pa~t 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 need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
[ ]
Ix]
not appear to
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhe~ less than 100 feet
in length.
May be located within 300 fee't 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
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
//~ignature pleake)
Gertrude K. Reeves
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 11935
March 19,
1982
Mrs. Judith T. Terry
Southold Town Clerk
53095 Main Road
Southold, New York 11971
RE: Application of Gertrude K. Reeves - Variance
for Lot on Cedar Birch Road, Orient, New York
Dear Mrs. Terry:
In connection with the above-captioned matter, I am enclosing
the following:
1. Application for a Variance in triplicate.
2. Exhibit 1: Notice of Disapproval from Southold
Town Building Inspector.
Exhibit 2: Survey of Property for Gertrude K.
Reeves, Vera K. Wilson, Frances Ko Demarest and
Edwina K. Gorman dated September 19, 1978, prepared
by Roderick Van Tuyl, P.C.
Exhibit 3: Survey of Lands for Edwin H. King Estate
dated February 8, 1978, amended March 5, 1982 by
Roderick Van Tuyl, P.C.
5. Original Notice of Disapproval from Building
Inspector dated February 10, 1982.
Notice to Adjacent Property Owners with proof of
mailing together with certified mailing receipts
attached thereto.
One (1) additional copy of Survey of Lands for Edwin H.
King Estate dated February 8, 1978, amended March 5,
1982.
8. Short Environmental Assessment Form dated March 19, 1982.
Mrs. Judith T. Terry -2-
March 19, 1982
9. Letter to Board of Appeals dated March 19, 1982
concerning wetlands.
10.
My check payable to the order of the Town of
Southold dated March 19, 1982 in the amount
of $15.00 representing the filing fee.
If all is in order, please place this matter before the
of Appeals so a date may be set for a public hearing.
RFL:bc
Enclosures
Very truly your~.~
R~hard F. ~ark
Board
5
24.5
24.10
24,24
24.3r
24,20
24.27
24.6
24.17
2 4*29
24.30~
(181)
LINE
1,21
1.19
1.18
L29
r.28
Li6
1.24
1.8
1.25
LI3
m
,<E¥,~A,~ (~ COUNTY Of
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