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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 '~° ~-' ° ~" ~"'R IP tyT ~ ........ ea roper ax ; o~o{ i Riverheod ~_