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HomeMy WebLinkAbout2996TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2996 Application Dated May 24, 1982 (Amended November 12, 1982) TO: Rudolph H. Bruer, Esq., as Attorney for Mr. and Mrs. Ckarles M~ Nelson Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on December 22~ 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request f~r 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was also held on December 22, 1982. Upon application for CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36. The board made the following findings and determination: By this appeal, appellants seek permission to re-subdivide premises which have merged under title into two single and separate building lots, as amended by survey dated October 5, 1982, and letter dated November 10, 1982, each lot having an area of 20,625 square feet and sufficient road frontage of 187.50 feet along Wabasso Street. It is noted that the total premises have previously been conveyed into three parcels as shown by deeds at Liber 8895, Pages 154-156, recorded October 9, 1980 to the applicants, as Trustees. The board finds that neighboring parcels are of a similar size and character and a few smaller than that proposed by applicants. For the record, it is noted that the Southold Town Planning Board conditionally approved this subdivision as a "set-off" pursuant to Chapter 106-13 on November 8, 1982, subject to Zoning Board approval and compliance with Article 6 of the County Health Laws. Letter dated December 7, 1982 from the Suffolk County Department of Health Services has been submitted for the record indi- cating conformance with the Sanitary Code for the within project. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2996, application for CHARLES M. (CONTINUED ON PAGE TWO) DATED: January 4, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 2996 Matter of CHARLES M. AND KATHRYN BLASS NELSON Decision Rendered December 22, 1982 and KATHRYN BLASS NELSON for approval of insufficient area of two lots, be and hereby IS APPROVED AS APPLIED, SUBJECT TO APPROVAL BY THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. Vote of the Board: Douglass and Sawicki. Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TO%'ZN CLEF~ DATE//~/~ HOUR ~.'~z/~.~. APPROVED Chairman Board of Appeals Southold Town Board of Appeals ~X'X~Y I~A N I~OAO' ~'I'A'I'£ ~OAD ~ ~OIITHOLD. g.I., N.Y. ll~BVl APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday~ December 16, 1982 commencing at 7:30 o'clock p.m., as follows: / 7:30 p.m. Application of CHARLE_______~SM__t AN~D KATHRY_______~NBLAS~S NELSO~N,~ --by Rudolph H. ~Bru~r, Esq., Main Road, Southold, NY 11971 for a ~ Variance t5 the zOning Ordinance, Article III, Section 100-31 for~'/ permission to establish two legal building lots, each having insuffi~ cient area and width at Wabasso Street, Southold, NY; County Tax Map'~ Parcel ID Nos. 1000-78-3-31, 34 and 36. ~ 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance~ Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-09-013.01. 7: 45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. Page 2 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchogue, NY; County Tax Map Parcel ID Nos, 1000-97-4-11, 12 and 17. 8:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold~ NY; County Tax Map Parcel ID No. 1000-061-04-013. 8:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:10 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 548, part of Lot #35. 8:20 p.m. Application for THEODORE AND MEL METALIOS, by Irv- ing L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. Page 3 - Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. Ail persons wishing to be heard on the above appear at the time and place above specified. applications should in i Dated: December 1, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 11 affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15, 1982. (Tel. 765-1809) Copies mailed to the following 12/3/82: Suffolk Times L.I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and ~rs. Alfred J. Skidmore, Esq. for Mr. Gary Flanner Olsen, Esq. for Ms. Mr. and Mrs. Thomas Occhiogrosso Mrs. Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving L. Price, Jr., Esq. for Theodore and Mel Metalios Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. Lessard (Building Department) Charles M. Nelson William Burkhardt Marguerite R. Wasson and Town Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date ............ i~....~. .... 19~. . · · · .... .e.~ .... .f...~....~..~.. .... ~ ~_~ ......... ~. . ~. . . . ~.o. .~. .-z. .-. . . .~. .~Z. ~/1~ PLEASE TAKE NOTIC ,E th, at your application dated Location of Property ................. .~...~.~...~ .... ~.~. · - House No. Street Hamlet County Tax Map No. 1000 Section ..... .~...~. .... Block ..... ~ ....... Lot~.. 2././~ .~/..~..~/~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~. '.. :'~..~..~.?... · .~,. · .~ .! .... .,,~...z~.... ~..~....~..~... ~..:.~. .... ~.../~...~z...~~, RV 1[80 J~OWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N Y. CHARLES M. NELSON and ................ at ............................ Name of Appellant Street and Number .......... .?.~.~..v.~.l..~.e..; .......................................................... ~'.=l..o.E.~.d..~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISIOIq OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................................ DATED ..... M..~.~.....7..:....]:..?..8...2. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO APPEAL NO. <~ ~9~ DATE,. ,,5,/,,2. ,4,/, ,8..,2. .......... of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PEI~IT TO BUILD Charles M. Nelson & Kathryn Blass Nelson ................ ~e of ~'~Jicant for permi, P.,q.. ®. ........ Municipality . State LOCATION OI- '1 HE PROPERTY Wab~so ,':;~ree.t. Ai.R.e. s,i.d.e...n..t.~..a. 1,./.A,~.~cultural Street Use District on Zoning Mop Map No Lot No. 2 · PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) ......... A___r._~i__cl__~. I_I_I_, Section 100-31 3 TYPE OF APP£AL Appeal i~ made herew,th for (x) A VARIANCE to the Zoning Ord.,once or Zoning M~p ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. J6 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A prey,oas (~ppeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to th,s property. Such appeal was ( ), request for a special p,;rmit ( ) request for a va,,ance end was made in Appeal No ...................... Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) .A Variance to the Zomng Ordmonce ( ) is requested for the reason that Appellant~ desire merged under title, into three again. 3 contiguous to re-subdivide/lOt~ which have single and separate building lots once (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~orunneces- sary HARDSHIP because Appellants would he unable to reclaim the pre-10/9/80 status of this property. The merger wac done in error by the prior Grantees and to not allow the property to be separated as it had been in prior deeds would create an enormous financial hardship for the present owners, who are trustees under two separate family trusts. 2. The hordship creoted is UNIQUE ond is not shored by oil properties olike in the immediate vicinity of this property ond in this use district becouse due to a m~rger of title created by deeds (2) recorded on October 9, 1980, there previously single and separate lots become one (see .attached copies Of deeds). To keep the properties merged would create an unusually large piece of property in comparison to other lots in the area. 3 The Var,ante would observe the ~pirit of the O~dinance a~d WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the greatest majority of the lots in the surrounding neighborhood are of the same, or smalle~ size as the three lots which would be created upon approval of this variance request. ) ss .................... i .............................................. COUNTY OF SUFJ?OLK ) Signature Rudolph H. Bruer, Attorney for Appellants , 24th do o[ Ma 82 Sworn to this ..... ~1,' ................................... Y ............................ ~ ......................... 19 ~r~"~'~"'~ Nora ry Public t COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEAITH SERVICES December 7, 1982 DAVID HARRIS. M.D.. M.P.H. Mr. Henry e. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision of Charles M. and Kathryn B. Nelson Dear Mr. Raynor: We are in receipt of applications concerning ~he sewage disposal and water supply systems for the above referenced project. It appears that the project, as proposed to this Department, is in conformance with the Suffolk County Sanitary Code and can be served by the sewage disposal and water supply systems as noted below. Sewage Disposal System [----]1. []]]3. Sewer system and treatment works. Subsurface sewage disposal system(s). Other Water Supply System F-Il. [T -J2. F--J3. A public water supply system. Individual water supply system(s). Other This letter is for informational purposes only an8 should not be construed as an approval by this Department. Royal R. Reynolds, P.E. Public Health Engineer Bureau of Environmental Services RRR:cah COUNTY CENTER (516) 548-3318 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H, SAWICKI January 6, 1983 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2996 Charles M. and Kathryn Blass Nelson Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. 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 765-1938 August 3, 1982 Mr. Rudolph Bruer Attorney at Law Main Street Southold, New York 11971 Re: Charles M. & Kathyrn B. Nelson Dear Mr. Bruer: The above captioned subdivision was discussed at our regular meeting August 2, 1982. It was the concensus of the board, after an on site field inspection, not to grant the three lots as proposed and to recommend that the property be subdivided into two lots con- taining approximately ½ acre each. If you have any questions, please contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By Susan E. Long, Secretary · DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER f. COHALAN SUFFOLK COUNTY EXECUTIVE July 20, 1982 Southold Town Board of Appeals Main Road - State Road 25 Southold, N.Y. 11971 Attention: Gerard P. Goehringer Chairman RE: Dear Mr. Goehringer: Appeal No. 2996 Charles & Kathryn Nelson Wabasso St. (T) Southold I am in receipt of your letter dated July 12, 1982. Please note that our records indicate that there is approximately 24 to 55 feet of potable water available in this area of Wabasso Street. This De- partment, of course, recommends minimum lot areas of 40,000 square feet with private wells and individual sewage disposal systems being proposed. Prior to processing applications through this Department, it will be necessary to determine the locations of the neighbor's sanitary facilities. If you have any questions regarding this matter please do not hesitate to contact me. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:lj r county CEN~E, (516) 548-3318 RIVEI~HEAD. N y. 1 19OI I DATE NOTICE NOTICE IS HEREBY GiV- EN, purenant to Section 267 of the Town Law end the Provi- sions of tile Amended Code of the Town of Seuthold, a Regular Meeting end the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday, Decem- ber 22, 1982 commencing at 7:30 o'clock p.m., and as follows: ~CHA7:30 p.m. Application of~ RLES M. AND KATH- ] RYN BLASS NELSON, by [ Rudolph H. Bruer, Esq., Main [ Road, Southold, N.Y. 11971 ~ for a Variance to the Zoning f Ordinence, Article IH, Section 100-31 for permission to estab- lish two 'legal building lots, each having insufficient area and width at Wabasso Street~ Southold, N.Y.; County Tax Map Parcel ID No.s 1000-78-3- 31, 34 and 36. ' ~ 7:35 p.m. Application of WILLIAM BURKHARDT, C/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, N.Y. 11802 for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permis- sion to reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, N.Y.; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to estab- lish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laur- el, N.Y.; County Tax Map Parcel No. 1000-126-09.013. 01. 7:45 p.m. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, N.Y. 11769 for a Variance to the Zoning ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side, and rearyard setbacks at 1S80 Corey Creek Lane, Southold, N.Y.; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ../. ............ weeks successively, commencing on the Sworn to before me this ........... d..~.......z~.. ...... day of ........ .......... , 7:50 p.m. Application of Legal Notices NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised ~n the December 9, 19~2 publication of the Suffolk Times, have been ADJOURNED UNTIL WED- NESDAY, DECEMBER 22~ 1982 AT THE SAME TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowhlski, Secretary 765-1809 (1802) 1TD16-4129 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: · ?.~..o.y.. G.u.?.~.a.v..s.o.l~. ................... being duly Sworn, says that . l~e .... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport0 in said county~ and that the notice, of which the annexed is u printed copy, has been published in the su~d Suffolk Weekly Times once in each week, f~r ...... .o.b.e. ................. weeks successively commencing on the .... ~..~.~.h. ................. day of . .. ?.e..c.e.m..b~.~. ~ Sworn to before me this . .1~6~h .~.. day of ... ~e¢.~ro~.e.~7 .... ~19. .~. HEI[N K DE VO£ NOI~?~¥' PGSLIC, ~ta~e o~ ~ew York No 470/878 Suffolk Coun~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 December 10, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Application of Charles M. Nelson Dear Rudy: We regret to inform you that the December 16, 1982 meeting and public hearings have been adjourned to Wednesday, December 22, 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions, please don't hesitate to call our office at (516) 765-1809. Yours very truly, Enclosures GERARD P. GOEHRINGER -q~y-~inda Kowalski, Secretary APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR, ROBERT J, DOUOLASS JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, Regular Meeting and Public advertised in the December Times, have been ADJOURNED that the Southold Town Board of Appeals Hearings for December 16, 1982 and 9, 1982 publication of the Suffolk UNTIL WEDNESDAY, DECEMBER 22, 1982 AT THE SAME TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) Instructions to Suffolk Times: Please publish once, to wit, December 16, 1982 and forward one affi- davit of publication to the Board of Appeals, Main Road, Southold, NY on or before December 16, 1982. C d~m, 100-31 for rmission ~ to~'~-locate dwe~l~.n~ with Section 2~0-a.~ocation of insufficient front, side abd ' ' LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southnid, a Regular Meeti~lg and the following public hearings will be held by the Southold Town- Board of Appeals at the Town Hall, Main Road, Southntd, NY on Tbursdsy, December 16, 1992 commencing at 7:30 o'clock p.m., as follows: ~"'~:30 p.m. Application CHARLES M. AND EATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., ,Main Road, Southnid, NY 11971 for a Variance to thn Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1O00~ 7~-3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT. c/o Alfred J. S~idmore, Esq., 117 Newbridge Road, Hicksville, NY 11~02 for a Variance to the Zoning Ordinance, Article III, Section 10~-31 for permission reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel 1D Nos. 78-3-39 and 41. 7:40 p.m. Application of MARGUERITE R. WASSON, by Gary Flanaer Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Pecodic Bay Boulevard~ Laurel, NY; County Tax Map Parcel No. 1000-126-4}9-013.01. 7:45 p.m. Application of THOMA~ AND JACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, NY 11769 for a Variance to the~oV Zoning Ordinance, Article III, rearyard setbacks at 1~0 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 10~0-78-4-19. 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchngue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirement~$ L~t #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchngue, NY; County Tax Map Parcel ID Nos. 1000-97-4-11,12 and 17. 3:00 p.m. Application of ESTHER M. WILLIAMS. Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-L Location of Property: West side of~ Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 1000-061-04-013. . 3:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46- 12 and 46-17(C)[1] for pernfission to utilize basement for utilities below the minimum required elevation above mean sea levelin this A- 4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-1164164}02. 8:10 p.m. Application for~l DONALD BRENNAN by John Searamucci, 1965 Westphalia Road, Mattituck~ NY for a Variance for approval of access, New York Town Law, Property: Off tb~ soath side of New Suffolk AVenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-11606- 00~. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the ~j0~20% allowable lot coverage requirement at 437 Seventh Street, Greenpart, NY; County Tax Map Parcel No. 1000-048-01-035; Greenport Driving Park Map No. 548, part of Lot #35. 8:20 P.m. Application for THEODORE AND MEL METALIOS. by Irving L. Price, Jr., Esq., 828 Froot Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID l~v ~No. 1000~023-01-012.2. 6:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woedcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07- 02~. All persons wishing to be heard on the above applications should appear at the time and place above specified~ Dated: December 1,1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TD9-4122 ... being duly Sworn. ~her of the SUFFOLK at Greenport, in said annexed is u printed uffolk Weekly Times ............. weeks HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM,.Ir. W[LLIAM F, MULLEN, Jr, Southold, N.Y. 11971 November 9, 1982 TELEPHONE 765-1938 Mr. Rudolph Bruer Attorney at Law Main Road Cutchogue, New York 11971 Re: Charles M. & Kathryn B. Nelson Dear Mr. Bruer: The following resolutions were passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Charles M. & Kahtryn B. Nelson, located at Southold. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve a set off (106-1~) as designated on the subdivision map of Charles M. & Kathryn B. Nelsont located at Southold, dated June 10, 1982 and amended October 5, 1982 subject to approval from the Zoning Board of Appeals and compliance with Article 6 set by the Suffolk County Department of Health Services. Please forward the filing fee in the amount of $50 and six (6) copies of the above mentioned map for necessary referrals under the State Environmental Quality Review Act. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary ,I0. 0 November 10, 1982 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Attention: Linda Kowalski RE: Appeal No. 2996 - Charles and Kathryn Nelson Dear Linda: Enclosed please find three (3) prints of survey showing the subject premises in the above appeal. Please make these surveys a part of your file. Best regards. ~:~- Bruer Encs. 33~ Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L,I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI SECOND REQUEST June 2, 1982 July 12, 1982 Suffolk County Health Department County Center Riverhead, NY 11901 Re: Appeal No. 2996 Application for Charles & Kathryn Nelson Location of Property: Wabasso Street, Southold Dear Sirs: Recently, we received a variance application requesting permission to approve the reseparation of three parcels located at Laughing Waters, Southold. We respectfully request your comments concerning any effect this application may produce in this area, particularly with regard to the water supply. Enclosed herewith are photocopies for your perusal. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda F. Kowalski Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SDUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 May 29, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2996 - Charles & Kathryn Nelson Dear Mr. Bruer: Please be advised that the following action was taken at a Regular Meeting held on Wednesday, May 26, 1982 concerning this matter: RESOLVED, that Appeal No. 2996, application for Charles and Kathryn Nelson be held in abeyance pending receipt of comments from the Southold Town Planning Board pursuant to Section 106-13 of the zoning code; and be it further RESOLVED, that input be requested from the Suffolk County Health Department for this type of project in this particular area at Laughing Waters. These resolutio~ were unanimously adopted. Upon receipt of the schedule this matter for earliest possible date. above, we will be in a position to a public hearing to be held at the If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWiCKI Southold ToWn Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHr'ILD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 May 29, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2996 - Charles & Kathryn Nelson Dear Mr. Bruer: Please be advised that the following action was taken at a Regular Meeting held on Wednesday, May 26, 1982 concerning this matter: RESOLVED, that Appeal No. 2996, application for Charles and Kathryn Nelson be held in abeyance pending receipt of comments from the Southold Town Planning Board pursuant to Section 106-13 of the zoning code; and be it further RESOLVED, that input be requested from the Suffolk County Health Department for this type of project in this particular area at Laughing Waters. These resolutio~were unanimously adopted. Upon receipt of the above, we will be in a position to schedule this matter for a public hearing to be held at the earliest possible date. If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 24, 1982 TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2996 application of Charles M. & Kathryn Blass Nelson for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y,S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and surveys Town Clerk JTT/bn Enclosures TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....5../'..2.4./..8...2. .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. CHARLES M. NELSON and (We) ..~A..~..,~B_~...~..~A....s..?...~.~.s.o.~. ................. of ..~..9..6..]:.,.~.u.~..e.,~'.~.Z..g.~..v..e. ............................ Name of Appellont Street and Number Titusville, Florida HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ,M,..a,y....7..,..,..1,..9..8...2. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Charles M. Nelson & Kathryn Blass Nelson Name of Applicant for permit of ..e.../..o... ~ ~..s..o..~..~ ..~5~e.~.:...~.~..~..-..: ...~.a.t..~ .. ~ .....,.....s..o. ~.~?..z. ~..,....~:..~:. ........ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY PERMIT TO BUILD Wabasso Street A-Residential/A ricultural l. LOCATION OF THE PROPERTY ............................................................................................. .~, ..... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) 3 contiguous is requested for the reason that Appellants desire to re-subdivide/lot~ which have merged under title, into three (3) single and separate building lots once again. ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIP becau~ Appellants would be unable to reclaim the pre-10/9/80 status of this property. The merger was done in error by the prior Grantees and to not allow the property to be separated as it had been in prior deeds would create an enormous financial hardship for the present owners, who are trustees under two separate family trusts. 2. The hardship createdis UNIQUEandis notshared by all properties alike in the immediate vicinity ofthis property and in this use district because due to a merger of title created by deeds (2) recorded on October 9, 1980, there previously single and separate lots become one (see attached copies of deeds). To keep the properties merged would create an unusually large piece of property in comparison to other lots in the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the greatest majority of the lots in the surrounding neighborhood are of the same, or smalle~ size as the three lots which would be created upon approval of this variance request. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss ignature uer, Attorney for Appellants Sworn to this ............... ~.4..t...h. ...................... day of ........................ .M...a.y. ......................... 19 82 Notary Public ~IIARY OIAI~ NOTARY I~UBLIC, St~tn of New York No. §2-465~242, Suffolk County Commission Expires March 30, 19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : CHARLES M. NELSON and KATHRYN : BLASS NELSON to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Kerry Ellis Adela Kwasnik Santalo Cosenzo Mr. and Mrs. Guido P. Molino Michael F. Colavito & ano. YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 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: Ellis, East by: Wabasso Street, South by: Colavito, and West by: Kwasnik, Cosenzo and Molino 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" - Residential/Aqricultura~ 4. ThatbysuchPetition, theundersigned willrequestthefoUowingrelLf: to re-subdivide lots, which have merged under titl~ into three (3) single and separate building lots. $. 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 may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notice_iL,that you or your representative have the right to appear and be heard at such hearing. /- ~/ ~'~etiti-one;~u~olp~h-H. Bruer, attorney / J for Petitioner Post Office Address Main Road Southold, N.Y. 11971 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. Kerry Ellis 33-51 60th Place woodside, New York 11377 Adela Kwasnik 93 N. 7th Street Brooklyn, New York Santalo CosenzQ 740 Nakomis Road Southold, New York 11971 Mr. and Mrs. Guido P. Molino P.O. Box 189 1745 Nakomis Road Southold, New York 11971 Michael F. Colavito & ano. 73-35 Myrtle Avenue Glendale, New York 11227 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster ,residing. at (N° ~) McCann Lane, Greenport, New York , bein8 duly sworn, deposes and says that on the 24th day of May ,19 82 , 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- lice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (1~) mail. Sworn to before me this 24th dag.~"~M~Y~ ~ ,, ~82 RUDOLPH H. 8RUSR N~a~ Public, Stale of New Y~ No. 52-~65530 ~ualified in Suffolk Cou~ Commission Expires March 30, MAIN ~AD May 7, 1982 Building Department Town of Southold Town Hall Main Road Southold, New York 11971 Re: Premises - Wabasso Street, Laughing Water Owners - Charles M. Nelson and Kathryn Blass Nelson Dear Sirs: We represent the owners of p~emises designated on the Suffolk County Tax Map as: District 1000, Section 78, Block 3, Lots 31, 34 and 36. These lots are contiguous and were under single and separate ownership until October 9, 1980, at which time there was a merger of title into the above owners. It is the desire of our clients to divide these premises so that there will be, once again, three separate and distinct building lots. Please advise us on this matter at your earliest conven- ience. Sincerely, ) Rudolph H. Bruer RHB/df APP~NOI~ 8 (a) In order to answer the questions in this short EAr is is assumed that preparer ~[1 us~ c~n~lg avai.].able ~A'o~tLon concmrnLn~ th~ proJ~c~ and ~h~ ,or o~her bzvestigation~ WLi]. be nndr~rtaken. (b) If any ques%ion ~mS been answersd Yes %he project ~y be $i~lficant and (c) If all qu.ations have teen answ.red No it is likely t~t this project res X No Yes ,, X No ..... Yes X No Yee X NO Yes X No Will project alter ~r have a Large effect on Will proJ~ct have a potentially larKe J.mpac~ on W~I project afb%ct any threatened or endangered No TITLE: Attorney for Appellants & Kathryn B. Nelson DATE: 5/~/82 To: Re: 5/~/82 (Today's Date) Southold Town ~oard of Appeals Main Road Southold, NY 11971 Appeal Application of Charles M. & Kathryn Blass Nelson Location of Property: Wabasso Street, Lauqhing Water, Southold, N.Y. Suffolk County Tax Map desiqnation: 1000-78-3-31,34 & 36 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in yery 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. £ ] May be located w~thin 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [x ] Is not located within 300 feet of tidal wetlands to ~he best of my' knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.EoC.] Sincerely yours, '~ · Sruer Attorney for Appellants