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HomeMy WebLinkAbout2941 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~q~G ~)AI~D OF APPEALS Appeal No. 2941 by application Da~ed December 17, 1981 ACTION OF TI~E ZONING BOAP~D OF APPEALS OF TI{E TOWN OF SOUTHOLD To Mr. and Mrs. Peter O'Hanlon Richard Lipman~ Esq. Appellant at a meeting of the Zoning Board of Appeals on February 4, 1982 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III , Sec. ( ) the appeal 100-31 1. ~rm~-~~h~c~:~%~~F~K~s~;~X~l~xF,~tion ( ) be granted ( ) be denied pursuant to ~ticle .................... ~ction .................... Subsection .................... p~agraph .................... of the ~ning ~din~ce end the dec,on of the Building I~pec~r ( ) be reversed ( ) be x~x~ Public Hearing 2/4/82: Application of Peter and Mary O'Hanlon, 610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to construct new dwelling with insuf- ficient rearyard area at 730 Greenway West, Orient, NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediat9 vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefor~ it that thepr~ ~-~r~j~e~u~g ~1%~,,~)( ]~e ~OUT,~O~D TOWN C~RK FORM Z~ ~~~ _ was further determined that the requested variance ( ) be granted ( ) be denied and ~onf/rmed ( ) be reversed. GPG: lk ~d P. Goehringer, ~ainuan :NG BOARD OF APPEALS By this appeal, applicants seek permission to construct a new private one-family dwelling 50 feet from the road line, 26 feet from the rear property line, and within the require- ments for sideyard setbacks as shown on survey dated October 26, 1981 surveyed by Roderick VanTuyl, P.C. The premises in ques- tion is a vacant lot with road frontage of 168.60 feet, an average depth of 123.13 feet, and lot area of 20,765 square feet, slightly more or less. In viewing the neighborhood, .members of the board have found only one house within 300 feet (for average setback), and for which this board granted a variance on 5/27/81 requiring a setback of 50 feet from the road and permitting a variance in the rearyard to 35 feet. The members of the board have reviewed the covenants and res- trictions of the Petty's Bight Association for this subdivision, and find that it requires a setback of 40 feet from the front property line and do not restrict the setback in the rearyard, which is the subject of this variance application, in the declaration of covenants and restrictions. It is the feeling of this board that the rearyard setback requested to 26 feet is most practical and feasible under the circumstances and is within the character of the neighborhood. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was R~SOLVED, to approve as applied for Appeal No. 2941, applica- tion of Peter and Mary O'Hanlon permitting the construction of a new one-family dwelling with an insufficient rearyard setback of 26 feet. Location of Property: 730 Greenway West, Orient, NY; Green Acres Subdivision Lot #26; County Tax Map Parcel No. 1000-15-1-20. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) .. APPROV Chairman Board of Appeals LEGAL NOTICE NOTICE [S HEREBY GIVEN, pursuant to Section 26? of the Town Law and the Provisions of the Amended Code of the Town of Southcid, a Regular Mee~i~p.g__and the fqllowing pubt~c he~rings have been ~ostponed %lntil Thursday, February 4, 1982 to be held~by the Southolcl Town Board of Appeals at the Town Hall, Main Road, Southold, NY, commencing al: 7715 p.m. and as follows! 7:15 p.m. Application o7 Jose~ D. Posillico~ Sr.~ 3605 Camp lX4ineola-'R~ad; }4attituck, NY for a Variance ro the Zoning Ordinance~ Article III, Section 100-35 for permission to construct fence exceedin9 four feet in height alon9 the frontyal'~L area at 3605 Camp I~lineola Road: IViattituck ~ NY; '~bounded north by Corwin; eas~ by IviclViahon; south by the bay; west by Private Road, ~orwin; County Tax Flap Parcel 1000-133-6-12.4. ?:25p.m. Application of Beverly Andrews. 145 Niaple Lane, Mattituck, NY (by A. Siemerlin9 as agent) for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-34 for permission ~o construct inground swimmingpo0'l in sideyard area on a corner lot ar premises located on the corner of Grand Avenue and Iviaple Lane, iVlattituck, NY; bounded north by Jemrno~r; east by Young; south by Naple Avenue; west by Grand Avenue; County Tax Flap Parcel 1000-107-02-part of 010. 7: 30p.m. Application of_.Richard l~4ohring~ 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Bruer~ Esq.) for a Variance for approval of access~ New York Town Law Articte I6~ Section 280A. Lo:ation of Property: Right-of-14ay off the west side of Arshamomaque Avenue, Southold~ NY; bounded north by Carney; east by Lewis; south by the bay; west by Kohut~ Graham~ Travers Latham and Lewis. County Tax IMap Parcel 1000-66-2-44. 7: 40 p.m. Application of iVlignon S. LaiVlorte , 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Variance for approval of access, New York Town Law Article [6, Section 28OA. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold: lXIY; bounded north by Lieblein; east by Lewis; south by the bay; west by iViohring (formerly Clauser). County Tax Map Parcel 1000-66-2-45. 7:45 p.m. Application of Peter and Mary O'Hanlon , 610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article tli, Section 100-3l for permission to construct new dwellin9 with insufficient rearyard area at 730 Greenway West~ Orient~ NY; bounded north oy Trezzo; east by Stuke; south by Kmetz; west by'Greenway West. County Tax ~ap Parcel 1000-15-1-_90. (Richard Lipman, Esq. ) Page 2 Legal No%ice of Hearings Re-Scheduled for 1982 7:55 p.m. (Recessed Hearing). Application of !~illiam J. Clark, Esq. for Joseph Yaboni and lV, yron Hauptman~ tViiddle Road~ IViattituck~ NY for a Variance to the Zoning Ordinance, Article III ~ Sections 100-30A and 100-32B for approval of in suffident sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah' s Lane~ IVlatti- luck ~ NY; bounded north by I~/orth Road and Reliable Associates; west by Elijah' s Lane; south by Tuthill; eas~ by Yaboni & ano. County Tax ~'lap Parcel N(~. 1000-t00-4-6. 8:00 p.m. Application of Robert and Frank Klos IViain Road~ Cutchogue~ NY (Chet Ortowski~ Builder) for a Special Exception to the Zoning Ordinance~ Article VII, Section 100-70B(4) for permission to construct addition.,to prin- -~cipal building in this B-1 Zone District ~ 375?0 IX.lain Road: Peconic-Cutcho§ue~ New York; bounded north by Iviain Road; east by Konarski: south by Morton; west by Mor%on. County Tax IViap Parcel 1000-85-3-6. DATED: January 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR!NGER, CHAI~V~AN By Linda Kowalski, Secretary INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, January 21, 1982 and forward seven affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971 on or before January 27, 1982. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southcld, a Regular Meeting and the follo~ving, public hearings will be held by the Southold Town Board of Appeals at the Town Hall ~ Main Road~ Southold: NY on Thursday, January t4~ 1982 commencing at 7:15 p.m., as follows: ?: 15 p.m. Application of Joseph D. Positlico~ Sr.~ 3605 Camp Mineola Roads Mattituck, NY for a Variance ro the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp lViineola Road: Mattituck, NY; bounded north by Corwin; east by Iviclv~ahon; south by the bay; w-esr by Private Road, Corwin: County Tax tViap Parcel 1000-123-6-12.4. ?: 25 p.m. Application of Beverly Andrews_~ 145 Maple Lane~ Southold, NY [by A. Siemerlirg as agent) for a Variance ro the Zoning Ordinance~ Article ItI~ Sections 100-~ 2 and 100-34 for permission to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corner of Grand Averue and IVmple Lane. Mattituck, NY; bounded north by Jemmotr; east by Young; south by '~aple Avenue; west by Grand Avenue; County Tax Map Parcel lO00-I07-02-parr of 010. 7: 30 p. m. Application of Richard Mohring, 460 Glen Cove Avenue. Sea Cliff~ NJ (by Rudolph H. Bruer, Esq. ) for a Variance for approval of access, New York Town Law Article I6, Section 280A. Lecation of Property: Right-of-SFay off the west side of Arshamomaque Avenue, Southold~ NY: bounded north by Carney; east by Lewis: south by the bay; west by Kohut. Graham, Travers Latham and Lewis. County Tax lV~ap Parcel 1000-66-2-44. 7:40 p.m. Application of Mignon S. LaMorte ~ 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Variance for approval of access~ New York Town Law Article 16, Section 280A. Location of Prol~rty: Right-or-d/ay off the wes¢ side of Arshamomaque Avenue, Southold, NY: bounded north by Lieblein; east by Lewis: south by the bay; west by lViohring (formerly Cla~ser). County Tax lVlap Parcel 1000-66-2-45. ?:45 p.m. Application of Peter and Mary O'Hanlon . 610 South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance. Article III. Section 100-31 for permission ro construct new dwelling with insufficient rearyard area at 730 Greenway l~rest, Orient~ NY: bounded north by Trezzo; east by Stuke: south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-I-20. 7: 55 p.m. (Recessed Hearing). Application of William J. Clark. Esq. for Joseph Yaboni and 1Myron Hauptman, iVtiddle Road, IV£attituck, NY for a Variance to the Zoning Ordinance, Article III, Sections IO0-30A and 100-32B for approval of insuffident sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah' s Lane, lVlatti- tuck. NY; bounded north by North Road and Reliable Associates; west by Eli[ah' s Lane: south by Tuthill; east by Yaboni & ann. CountyTax lViap Parce[ No. [000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos lViain Road, Cutchogue. NY (Chet Orlowski~ Builder) for a Special Exception to the Zoning Ordinance, Article VII. Section 100-70B(4) for permission to construct addition Go prin- cipal building in this B-1 Zone District at 37570 IVlain Roads Peconic-Cutchogue~ New York; bounded north by iX4ain Road; east by Konarski; south by Horton; west by Horton. County Tax Fmp Parcel 1000-85-3-6. Dated: December 31, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions ~o newspapers: Please publish once~ to wit~ rhursday~ January 7~ 1982 and forward seven affidavits of publication to: L. Kowalski~ Secretary~ Board of Appeals, N~ain Road. Southotd, NY 11971. [On or before January 12, 1982) Copies forwarded 12/31/8I ~o: l~Ir. Joseph D. Posillico, Sr. iVlr. Arthur Siemerling as agent for lVls. Andrews Rudolph H. Bruer ~ Esq. for Fir. l~4ohring i~*r. 3ohn Bertani as agent for lVls. Iviignon S. Lal~orte I¥1s. ~iignon S. LaMorte lVir. and IVirs. Peter O'Hanlon. and Mr. Richard Lipman (Plainvieve William J. Clark~ Esq., attorney for Yaboni & Hauptman lV~r. Chet Orlowski~ Builder for Robert & Frank Klos Robert and Frank Klos ~ Copies to Suffolk Times and L.I. Traveler-Watchman, Inc. l/ /82 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ a/c: To ..... .......... ...... Date .... No.embed.t8 .......... 19.~, and Alice McLSughlin Re: Peter and Mary O'Hanlon Contract VenSer PLEASE TAKE NOTICE that your application dated .. November 6 19 81 for permit to construct a one-family dwelling ..at 730 Greenway West Orien~ Location of Property h~6~ County Tax Map No. 1000 Section ...~. 5. ......... Block ....... Z. ...... Lot ....2 9 ......... Green Acre~fled Map N° 3540 36 Subdivision .................................. Lot No .................. is returned herewith and disapproved on the following grounds in s u f f i c i e n rear yard ~rea Art. III 100-31 A-Residential Description & Agricultural Zone N Trezzo E Stuke S Kmetz W Greenway West Building Inspector FORM NO. 1 ~' TOWN OF SOUTHOLD ~ BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1302 Application No ................ Approved ................. 19... Permit No ............ (Buikling Inspector) ' APPLICATION FOR BUILDING PERMIT Date }lev. 6, Ii)'. INSTRUCTIONS a. This application must be complfitely filled ilt by typewriter or in ink and submitted in triplicate to the Build Inspector, w/th 3 sets of plans, accurate plot plan to scale. Fee according tc schedule. b. Pier plan showing location of lot and of buildings on ?remises, relationship to adjoining premises or public sire or areas, and giving a detailed dcscriptiou of layout of property must be drawn da the dla~am which is patter this cation c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc.'al of this application, the Building Inspector will issue a Buikiing Permit to the applicant: Such per: shall be kept on the premises available for inspection thronfhout the work. e. No bnilding shall be occupied or used in whole or in parz for any purpose whatever until a Certificate of Occupm sl,,a/l have been granted by the Building Inspecrcr. APPLICATION 1S tIEREB¥ MADE to the Building Department for the issuance ora Building Permit pursuant to Building Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws. Ordinances Regulations, for the construction of bnildings, additions or alterations, or for removal or demolition, as herein descfib, The appIicant agrees to comply with al/ applicable laws, ordinances, building code. housing code, and regulations, and admit authorized inspectors on prem~scs and in buildings for necessary inspections. (Signature of applicant, or name. if a corporation) 610 South 9th St., New Hyde Park, (Madras, address o, apphcant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Contract Vendee N~ueofownerof~mmiscs . William B. McLoughlin & Alice B. McLoughlin (as on the tax roll or latest deed) If applicant is a corporation, signature of'duly anthorized officer. (Name and title of corporate officer) Builder's License No ......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ..................... 1. Location of land on which proposed work will be done ............................................... Greenway We st Southhold House Num her Street }{an]let County Tax Map No. 1000 Section 015.00 Block O~ .00 Lot 2.2.9:99.©. ........ Subdivision Green Acres, West Orient Fited Map No. 3Jl;0 Lot 3.6. (Name) 2. State existing use and occupancy of premises and intend'ed usc and occupancy of proposed construction: a. Existing use and occupancy ....Via.c.~n.'¢. L. aaO ................................................... b. Intended use and occupancy ,...R.e.s.:i-~lcr~tial. _, .! . Fatuity ..................................... N~iu)e of work (check wtnct~ ,J icab e) New B~ tiding X.. A..~.~rion . ;Mteratioa Roper .............. Removal .............. Demolition .............. Other Work ............. (Description) Estimated Cost ...................................... Fee ..................................... (to be paid on filing this application) If dwelling, number of dwelling units ..... ~ .......... Nnmber or dwelling units on each floor .............. If garage, number Of cars ....... If business, commercial or mixed occupancy, specify ~arure and extent of dach type of use .................... Dimensions of e~isting structures, if any: Front ............... Rear ....... ' ....... Depth ............ HeiSt ............... Num her of S [cries ....................................................... Dimensions of same structure with alterations o~ additions: Front ................. Rear ................. Depth ................... I mght ..; .................... Number. al Stories .................... Dime~s~ons of en0m ~I~' construction: Front. ~..~: ....... Rear ..... ~. Heigh t~. fi~. ~'~.'. Number of Stories "~zeoflot F[ont ~6~60 Ft. Re'r -~O.(~ ~. ~ :. . ...................... a ............... ' ....... D~p~fl ..................... · Under Contract r ' Date of Purchase ......... : ..................... Name of Foyer Owner ............................ Zone or use district in which premises are situated ............................ ~2 .................... Does proposed construction~laie any zdning law, ordinance or regulation: .............................. Will lot~ be rcgraded ...... x~ ................. Will excess fill be removed from p~emises' YC~ N, ., ~ ~ ~ ~ .~ ~m. l~lc~ougn~n' ' ~ ~ ...... ' ' ~ame o~ ox,ncr o~ pr~mis~s .................... Address D>.L~OO~.%~gg. ~ ~ Phone No .............. Name of Arclfirecl .......................... . Address ~1~, 5~ ~tSr~u~ne No ............... Name of Contractor .......................... Add~iess F~.~ ............. Phone No ............... PLOT DIAGRAM Locate clearly and distinctly ,.t] buildings, whether existing or proposed; and. indicate all set-back d;znensions fro~ ~operry lines. G ire street and block number or description according to deed, and show street names and indicate wh~thc terior or corner lot. FATE OF NEW YORK, OUNrY OF .q.u.e.e.n. p .......... S.S ................. . 9.'Sa.n. 9.n. .............. being duly sworn, deposes and says that he is the fName of indMdual signing contract) >ove named. e is the ......................................................................................... (Contractor. agent, corporate officer, etc. ~ f said cwner or owners, anJ is duty ~uthorized tc perform or have performed ~h¢ said work and to make and file th ?plicafion; that all statements contained in this application are true to the best ofh£s knowledge and belief; and that tl; ork will be performed in the n] anner set forth 5~ the application filed therewith. worn to before me this ........... 9 ......... day of ...... I~.o.y?.m. bp.p. ....... 19 81 ~ TOWH OF' SOU'L~OLD, N~.W YG~ APPEAL FROM DECISION OF BUILDtNG iNSPFCTOR TO THE ZONING BOARD OF APPEALS. TOWN OF 8OUTHOLD N.Y. i. (We) ........................................................... Nome o~ Appellant ................ ~..e. ~... ~.z ~.~... 2.~rk. ....................................... Municipality ^PP ,u NO. f'e/ ^TE ....... of (:10 South 9th Street and 'Number N .¥. , · ............................ HEREBY AFREAL TO State THE ZONING BOARD OF APPEALS FROM THE D~CISION OF THE BUILDING INSPECTOR ON 'APPLICATION FOR PEP, A6 T NO...' ........................... ...... DATED :._.~,¢,Q.v.,,,..f].¢...,..9.~J. ................... WHEREBY THE BUILDING iNSPECTOR DENIED TO ) } (x) PETER & MARY O~HANLON Name of Applicant for permit of ........................... Street and Number Municipality State PERMIT TO USE ~ERMIT FOP. OCCUPANCY Permit ~o Construc~ 1 LOCATION OF THE PROPERTY .....C.-~.?:~(..]~,)'.e..~ ..... ~ ........ A ................................ Street Use District on Zoning Mop 35,20 Moo No, Lot No. 2 PROVISION (S' OF THE ZONING ORDINANCE APPEALED (indicate the Article Section. Sub- sectior and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,~ Article. Iii 100-31 3 ~ ) TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning 'Ordinance or Zoning Map A VARIANCE aue to [ack :f access 5tote of Ney, York Town Law Chap. 62 Cons Laws Art. ld Sec: 280A Subsection 3 of me Building Inspector or with respecf to this property, Such appeal was ( ~ request for a specioj hermit ( ) request faro variance PREVIOUS APPEAL A 3revtous appeal (4~c~/ (has not) been mode with respect to this decision REASON FOR APPEAL ) A Varmnce to Section 280A Subsection 3 [%) A Variance to the Zoning Ordinance ( ) is requestea for the reason that s&±d var±anoe ~8 required to -of .the proposed one-family d~etling. Porra ZB1 (Continue on other side, February 22, 1982 Richard Lipman, Esq. 73 Cedar Drive West Plainview, NY 11803 Mr. and Mrs. Peter O'Hanlon 610 South 9th Street New Hyde Park, NY 11040 Re: Appeal No. 2941 Gentlemen and Mrs. O'Hanlon: 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 applicant has bean 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 applicab!e. 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, GPG:lk Enclosure cc: Building Department GERARD P. GOEHRINGER C~AI~MAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER~ JOSEPH H. SAWlCKI Southold Town Board o£Appeals HAIN RDAD- STATE RDAD 25 SnUTHI3LD, L.t., N.Y, 11971 TELEPHONE (516) 765-1809 Chairman February 9, 1982 Richard Lipman, Esq. 73 Cedar Drive West Plainview, NY 11803 Mr. and Mrs. Peter 0'Hanlon 610 South 9th Street New Hyde Park, NY ll040 Re: Appeal No. 2941 Gentlemen and Mrs. 0'Hanlon: Please be advised that the following action was taken at a Regular Meeting of the board held February 4, 1982: RESOLVED, to approve as applied for Appeal No. 2941, application of Peter and Mary 0'Hanlon permitting the con- struction of a new one-family dwelling with an insufficient rearyard setback of 26 feet. 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. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski, Secretary B_QA__RD..~F_AP_P_EA__L_S.,. TOWN OF SOUTHOLD In the Matter of the Petition of : PETER & MARY O~HANLON to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER 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) (S~;.c::.', E;--,4,;;..,',) (:S~d,A P ..... it) (~'.~ L.','....;,,g r~lief: I. 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ' 730 C-reenway West, Orient Sec. 1~ B!k 1 Lot Pa 3. That the property which is the subject of such Petition is located in file following zoning district: 4. That by such Petition, the undersigned will request the following relief: Variance of 1;o rear y~rd area. 5. That tl~e provisions of the Southold Town Zoqi(~l_C~qe applicable to tile relief sought hy the under- signed are Article III Section 6. That within five days from the date hereof, a written Petition requesting tile 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. ° (5]_6) 765-]_809. 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. PETER O~HANLON Petitioner New Hyde Park, J.Y. Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, a Regular Meeting and the following public hearings have been postponed until Thursday, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100~35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp Mineola Road, Matt~tuck, NY; bounded north by Corwin; east by McMabon; south by the bay; west by Private Rood, Corwin; County Tax Map Parcel 1000-123-6- 12.4. 7:25 p.m. Application of Beverly Andrews, 145 Maple Lane, Mattituck, NY (by A. Siemerling as agent) for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-34 for permission to construct inground swimmingpool in sideyard area on a corner lot at premises located on the corner of Grand Avenue and Maple Lane, Mattituck, NY; bounded north by Jemmott; east by Young; south by Maple Avenue; west by Grand Avenue; County Tax Map Parcel 1000-107-02-part of 010. 7:30 p.m. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H.'Bruer, Esq.) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Carney; east by Lewis; south by the bay; west by Kob'-' ~raham, Travers Lai ~ and Lewis. County Tax ~wapParce11000-66-2-44. 7:40 p.m. Application of Mignon S. LaMorte, 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right- of-Way off the west side of Arshamomaque Avenue, Soutbold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west by Mohring (formerly Clauser). County Tax Map Parcel 1000- 37570 Main Road, Peconic- Cutchogue New York; bounded no, . oy Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map Parcel 1000- DATED: January 14,1982. BYORDEROF nport, in said County, THE SOUTHOLD TOWN BOARD OF APPEALS ~)LK TIM£$, a weekly GERARD P. GOEHRINGER, CHAIRMAN n of Southold, County ByLindaKowalski, printed copy that has Secretary 1TJ21-3861 once in each week '.-~..._ week(s) successively, commencing the..~/.(A~-day 7:45 p.m. Application of 19 ~..)~'.~.~ South Ninth Street, New Hyde ..... Park, NY 11040 Iora Variance.. Article Ill Se~ion llg~31 fo ....... ~[~ r :~welling with insufficient ~ ............. 19...~...._.~ .......................... ~earyard area at 730 ~reenwav [J ,Wesi~ Orient~ NY] bounded ~ ~orm oy 'rrezzo{ east o~ ~ ,by Greenway West. County ~ ~' ~h' {< ~ V0[ Hearing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30A and 100-32B for approval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & uno. County Tax Map Parcel No. 1000-100-4-6. 0:00 p.m. Application of Robert and Frank Klos Main Road, Cutchogue, NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B(4) for permission to construct .addition to principal building in this B-1 Zone District at LEGAL NOTICE NOTICE IS HEREBY GIVEN, purse:ant 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 have been postponed until Thurs- day, February 4, 1982 to be held by the Southold Town Board of Appeals at the Town Hall, Main Road, $outhold, N.Y., commencing at 7:15 P.M. and as follows: 7:15 P.M. Application of Joseph D. Posillico, Sr.~ 3605 Camp Mineola Road, Matti- tuck, N.Y. for a Variance to the Zoning Ordinance, Article III~/ Section 100-35 for permission to construct fence exceeding four feet in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, N.Y.; bounded north by Car- win; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000-123-6-12.4. 7:2S P.M. Application of i Beverly Andrews, 14S Maple Lane, Mattituck, N.Y. (by A. Siemerling as agent) for a Variance to the Zoning Ordi- nance, Article III, Sections 100-32 and 100-34 for permis- sion to construct inground swimmingpool in sideyard area on a corner lot at/ premises located on the corner of Grand Avenue and Maple Lane, Mattituck, N.Y.; bound- ed north by Jemmott; east by Young; south by Maple Ave- nue; west by Grand Avenue; County Tax Map Parcel 1000- 107-02 part of 010. 7:30 P.M. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff, N.J. (by Rudolph H. Bruer, Esq. I for a Variance for approval of access, New York Town Law Article 16, Section 280A. Lo- cation of Property: Right-of- Way off the west side of lion of Pr~i~rty: Right-of Way off the v~side' of Arshamo- maque Avenue, Southold, N.Y.: bounded north by Lieb- lain: east by Lewis: south by the bay: west by Mohring (formerly Clauser). County ~pplication o~,, Peter and Mary O'Hanlon, 610 South Ninth Street, New Hyde Park, N.Y. 11040 for a Vari- ance to the Zoning Ordinance, Article ltl Section 100-31 for permission to construct new dwelling with insufficient rear- yard area at 730 Groenway West, Orient, N.Y.; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenwav West. County Tax Map (Richard L~ . _ ~,~77S'~. M. ( Recessed Hear- ing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle COUNTY OF SUFF~[~ ss: STATE OF NEW YORq[ Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ..~. .................. weeks f~ccessively, commencing on the .................................... C_) .................. Road, Mattituck, N.Y. for a Variance to the Zoning Ordi~ nance, Article III, Sections 100-30A and 100-32B for ap- proval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon P, oad and Elijah's Lane, Matti- tuck, N.Y.; bounded north by North Road and Reliable Asso- ciates; west by Elijah's Lane; south by Tuthill; east by Yaboni & aha. County Tax Map Parcel No. 1000-100-4-6. 8:00 P.M. Application of Robert and Frank Klos, Main Road, Cutehogue, N.Y. (Chef Orlowski, Builder) for a Spa- · cial Exception to the Zoning Ordinance. Article VII. Section 100-70B(4) for permission toff! construct addition to principal building in this B-1 Zone District at 37S70 Main Road, Peconic- Cutchogue, New York; bounded north by Main Road; east by Konarski; so~th by Horton; west by Horton. County Tax Map Parcel 1000- 8S-3-6. Dated: January 14, 1982 By Order of the $outhold Town Board of Appeals Gerard P. Goehringer, Chin. By Linda Kowalski, Secretary Sworn to before me this ................................ day of ....... / .............. .................. Notary Public EDtTH A. GUY NOTAPY PUBLIC, State of New Y~I~ No. 52.4602497 QualifieJ in Suffolk Counly ~=~,~$ion Expires /,Na~:h 30, APPEALS BOARD MEMBERS CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER,, ~a. irlT~3n JOSEPH H. SAWlCKI Southold Town Board of Appeals HAIN RI-lAD - BTAT£ Er'lAD 35 cH3UTHI'-ILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 PUBLIC NOTICE Please find attached copy of the Amended Legal Notice pertaining to your hearing. The date of the hearing has been postponed until ThursdaY, February 4, 1982 (at the same time previously scheduled) due"to the predicted hazardous weather reports. We are sorry for this inconvenience, and if you have any questions, please do not hesitate to call our office. Dated: January 14, 1982. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Copies forwarded to: Mr. Joseph D. Posillico, Sr. Mr. Art Siemerling as agent for B. Andrews Ms. Beverly Andrews Rudolph H. Bruer, Esq. as attorney for R. Mohring Mr. John A. Bertani as agent for M. LaMorte Mr. and Mrs. Peter O'Hanlon Richard Lipman, Esq. for Mr. and Mrs. O'Hanlon William J. Clark, Esq. for Joseph Yaboni & ano. Mr. and Mrs. Charles Tyler for Joseph Yaboni & ano. Mr. Chester Orlowski, builder for R. & F. Klos Messrs. Robert and Frank Klos Southold Town Board of Appeals MAIN RI'lAD- STATE RnAD 25 ¢=I:3UTHr'ILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER~, JOSEPH H. SAWlCKI February 22, 1982 Richard Lipman, Esq. 73 Cedar Drive West Plainview, NY 11803 Mr. and Mrs. Peter O'Hanlon 610 South 9th Street New Hyde Park, NY 11040 Re: Appeal No. 2941 Gentlemen and Mrs. O'Hanlon: 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 applicant 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, GPG:lk Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ;, <We ...... ........ of ............. § ....................... Name of Appella,nt Street and Number ................ .~..e..~....~.~.O...~.~,~ ................................................ ~.'...~..'. .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~Q.V.,...1.~....1.9.~.l .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) PETER & MARY O'HANLON Name of Applicant for permit of .... ........................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY .....~.~.n.~.a~...~..e.~.~........~ ........ A .................................... Street Use District on Zoning Map 5 Mop 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 100-31 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) (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 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that said variance is required to allo~./ con~tl*uotion of the proposed one-family dwelling. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would prevent construction of proposed dwelling on any other reasonably sized dwelling. 2. The hardship created is UNIQUE and is not shored by alt properties alike in the immediate vicinity of this property and in this use district because the lots vary in size. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size o£ the proposed dwelling is consistent with others in the immediate area. STATE OF NEW YORK ) ) ss COUNTY OF Queens ) Signature Sworn to this ................. (..~.. ........................ day of ............ D.~c.el~b.er ........................ 19 81 Notary Public order to answer the questions in this short EAF it ~s assumed that the preparer Ytill use. currently available information canaernlng the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant end o completed Environmental Assessment Form is necessary. (c) If oll questlons have been answered No it is likely %hot project is not significant. -. · ... (dj Ehvironmentol Assessment ''~ 1. Will projec~ result in o large physical change to the project site or physically alter more · Yes lhon 10 acres of lend? ........................ 2. %~;ill lhere be o major change to on~ unique or .unusual lend form found on lhe site? .......... Yes 3. %'fill project alter or here o lor§e effect on existing body'of water? Y~S '4.. %';ill project have a potentially larse impact , on groundwater quality? ....................... Yes 5. %'1ill project significantly.effect dro%nase . flow. on adjacent sites? ' Yes k No 6. %Vill project effect any threatened or endangered plant or on]mal species? ........... Yes ~ No 7. %'1ill project result in a major adverse effeat '' ality? Yes ~ No air q? ° ' 8. %';ill project have o major effect an'visual ; charocler of the community or scenic views or. vlsias known to:be important to the communily? 'Yes ~. %~ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental ereo by o local agency? ............ ~:..~-~ ~. Yes ~ N 10. %'1ill project have a major e~fect on exisling or future recreational opportunities? ......... Yes "11. %~ill project result in .major traffic problems ' eL cause o major effect to existing transportation systems? ....................... Yes 12. Wi{l project .regularly cause objectionable odors, noise,· glare, vibration, or electrical . . disturbance os o result of lhe project's operation? '. Yes )<. No 13. %~ill Project have any impact on public health or.safety?.....--..-. --.......---.-.-. -. Yes ~No directly causing o growlh in permanent population of more thom 5 perce~t over o one year period or hove o major negative effect on the character of the communify or 15. neighborhood? ................................. Yes Y. No project?-'-'' ............................... Yes X No PREPARER'S SIGNATURE~-~"'~ REPRESENTING (Today's Date) To: Re: Southold Town Board of Appeals :.lain Road Southo !d, NY 11971 Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, 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) (majer) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ mi IS not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] (Signature please) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : PETER & MARY 0~HANLON : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the unde~igned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~.~c::.: 5...~.Z.,~) (~;.; ? ..... ;t) (fff~-~d~11~e~: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 730 Oreenway West, Orient Sec. 1~ Blk 1 Lot 20 3. That the property which is the subiect of such Petition is located in the following zoning district: A 4. That by such Petition, the undersigned will request the following relief: Variance of to rear yard area. $. That the provisions of the Southold Town Zo~i,~g, Cg[(je applicable 'o the relief sought by the under- signed are Article III Sectic~ 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) 76'5-1509. 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: PETER 0tHANLON Petitioner Post st. New Hyde Park, N.Y. NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~'. ~: m eYZj :ge. PS Form 3800. Apr. 1976 ~J ~ CONSULT POSTMASTER FOR FEES OPT ONAL SERVICES r = m RETURN RECEIPT SERVICE ~ ~ k ~,~.k~e~-d~ ~.,~b ~e,~. , residing at ~%a.,,~,e~.~-~ ' T%.~. , being duly sworn, deposes and says that on the I~ day of ~e ~ ~ r~ ~ ,19 ~ ~ . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~spective 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- rice at "~"o,v%e, ~r~% ~14. y, ; that said Notices were mailed to each of said persons by (certified) (eliCit) mail. Sworn to befor£ me this / day of~--- ~ C_ . .'~-- Notary Public/ ..-; ,.% I. lal Nolimm 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 he held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 14, 1982 commencing at 7:15 p.m., as follows: 7:15 p.m. Application of ~In~_nh D. po~illian. Sr.~ 3605 Camp Mineola Road, Mattituck, NY for a Variance to the Zoning Ordinance, Attic. lc III, Section 100-35 for permis- sion to construct fence exceed- ing four feet in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000- 123-6-12.4. 7:25 n.m. Apolication of ~145 Maple Lane, Mattltuc , NY (by A. Jemmott; east by Young; south aPleAvenue; west by Avenue; county Tax reel 1000-107-02-part 010. 7:30 p.m. Application of Richard Mohrin~. 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph H. Bruer, Esq.) for a Variance for approva~ of access, New York Town Law Article 16, Section 280A. Locati6n 6f Property: Right- of-Way off the west side of Arshamomaque Avenue, Southold, NY; hounded north by Carney; east by Lewis; south by the bay; west by Kohut, Graham, Travers Latham and Lewis. County Tax Map Parcel 1000-66-2-44. 7:40 p.m. Application of Mi_onon ~. I aMorte. 620 Ely Avenue, Pelham, NY (by John Bertani as agen0 for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west Siemerling as agent) for a byMohring(formerlyClauser). Variance to the Zoning Ordin- County Tax Map Parcel 1000- ance, Article 111, Sections 100- 66-2-45. ~ L 32 and 100-34 for permission to ~ Appl_ic__ation of construct inground swimming [ petex a~d Mary O'Hanlnn, pool in sideyard area on a ~10 South Ninti{ Str~eet, New corner lot at premises located }i-lyde Park, NY .11040 for a on the corner of Grand Avenue JV~riance to the Zoning and Maple Lane, Mattituck, ~ ~)~tinance, Article 1H, Section ......... .~d nnrth bY ~{-O0-31 f0r permission to onstruct new dwelling with sufficient r ejll~ard area at 730 reenway ~ Orient, NY; ounded nor~l~Y Trezzo; east y Stuke; south by Kmetz; west y Greenway West. County Tax p Parcel 1000-15-1-20. ~ :~3 p.m. {Recessed Hearing). Application of William J. Clark, Esq. for ]o~e_nh ynhoni and Myrnn Hau_mman_ Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article 111, Sections 100-30A and 100- 32B for approval of insufficient sideyard areas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Roa~ and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000-100- 8:00 p.m. Application of Robert and Frank Klos Main Road, Cutchogue, NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance, Article Vll, Section 100-70B(4) for permission to constr~$ct addition to principal building in this B-I Zone District at 37570 Main Road, Peconic-Cutchogue, New York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map .Parcel 1000- 85-3-6. BY ORDER Ol THE SOUTHOLD TOWi' BOARD OF APPEAL: ITJ7-3843 ~nport, in said County, OLK TIMES, a weekly ~n of Southold, County printed copy that has once in each week ncing the.......7.~,]~ day 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, January 14, 1982 commencing at 7 15 P M as follows: , ,., ,, -~-, ''~:]$' p.M.' Application of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission., to construct fence exceeding four feet in height along the frontyard~ area at 3605 Camp Mineola Road, Mattltuck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel{ 1000-123-6-12.4. 7:25 P.M. Application of Beverly Andrews, 145 Maple Lane, Southold, NY (by A. Siemerling as agent) for a Variance to the Zoning Ordi- nance, Article III, Sections 100-32 and 100-34 for permis- sion to construct inground swimmingpool in sideyard area' on a corner lot at premises located on the come[,. of Grand Avenue and Maple Lane, Mattituck, NY; bounded. north by Jemmott; east by Young; south by Maple Ave; hue; west by Grand Avenue; County Tax Map Parcel 1000- 107-02-part of 010. 7:30 P.M. Application of Richard Mohring, 460 Glen Cove Avenue, Sea Cliff. NJ (by Rudolph H. Bruer, Esq.) for a Variance for approval of ac- cess, New York Town Law Article 16, Section 280A. Lo- cation of Property: Right-of. Way off the west side of Arshamomaque Avenue, Southold, NY; bounded north by Carney; east by Lewis; south by the bay; west by/ Kohut, Graham, Travers La-' tham and Lewis. County T~x Map Parcel 1000-66-2-44. 7:40 P.M. Application of Mignon S. LaMorte, 620 Ely Avenue. Pelham, NY (by John Bertani as agent) for a Vari- ance for approval of access, New York Town Law Article 16, Section 280A. Location of Property: Right-of-Way off the west side of Arshamomaque Avenue, Southold, NY; boUnded north by Lieblein; en~t by Lewis; ~outh by the bay; we~t by Mohring (former- (..gUN ~ ¥ Ut. ::,ut.t.uL~,. STATE OF NE'W YOlk: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, ir* Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- ........................................ weeks man once each week for \ successively, commencing on the ................ r and Mary O Hanlon, 611~ South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article ILl, Section 100-31 for t to before me this .......... ..~...~.. ............. day of permission to construct new ~ ............ , 19..<~.'~ dwelling with insufficient rear- yard area at 7.10 Greenway West, Orient. NY: bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax ................. ~..M_Map Parcel 1000- I 5- I.?0 /::x~ P.M. (Recessed Hear- ing). Application of William $. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle CLEMENT& THOMPSON Road, Mattituck. NY for a NOTAIt? PUSLI~, ~ 0f R~ York t~ 52-~321725 Variance to the Zoning Ordi- P~tl~gllff~ Ceali~ nanee, Article 111, Sections , 100-30A and 100-32B for ap-./! proval of insufficient sideyard areas of existing buildings due to location of new lot lines, Location of Property: Oregon Road and Elijah's Lane, Matti- tuck. NY: bounded north by North Road and Reliable Asso- ciates; west by Elijah's Lane; south by Tuthilh east by Yabonl and ano. County Tax Map Parcel No. 1000-100-4.6. 8:00 P.M. Application of Road, Cutchogue, NY (Chet' / Orlowski, Builder) for a Spe, cia, E coptio. to the Zoning Ordinane, Article VIII, Section. a 100'70B(4) for permission to ~[~ 'ti construct addition to principal Ot [' building in this B-I Zone// District at 37570 M, aig_lJa~, Peconic. Cutchogue, New ~2/~{a ,~_~. York; bounded north by Main Road; east by Konarski; south by Horton; west by Horton. County Tax Map Parcel 1000- 85-3-6. Dated: December 31, 1981 JUDITH T. TERRY TOWN CLERK REGISTRAR O} VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 17, 1981 To: Southold Town Zoning Boardof Appeals From; Judith T, Terry, Town Clerk JTT/bn Transmitted herewith is O'Hanlon,, for a variance. owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of the property. Town Clerk ~ Zoning Appeal No. 2941 application of ,Peter & Mary Also included is notification to adjacent property Tidal and APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE TO APPLICANTS AND/OR THEIR AGENTS Please iind enclosed copy o£ the legal notice pertaining to your hearing. The date of the hearing has been changed to January 14th. One of the offices of the local and official newspapers was closed during the holiday season, and our legal notice could not be published in time for the January 7 ~ 1982 meeting pursuant to town code. It is advised that someone appear at the hearing. If you have any questions~ please do not hesitate to call our office. SOUTHOLD TOWN BOARD OF APPEALS By Linda Kowalski, Secretary DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 31st day of December 1977, by Petty's Bight Association, Inc., Orient, New York. WITNESSETH: WHEREAS, the said Petty's Bight Association, Inc., is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on certain maps entitled: "Map of Green Acres At Orient" made by Otto W. Van Tuyl & Son, Licensed Land Surveyor and filed in the office of the Clerk of Suffolk County as Map No. 3540, and WHEREAS, any person, firm or corporation owning real property as shown on Map of Green Acres at Orient, surveyed by Otto W. Van Tuyl, surveyor, Suffolk County, New York, shall be a member of this Association. Ownership shall be determined by the records of the County Clerk of Suffolk County. Persons owning property, as tenants by the entirety, or as tenants in common or as joint tenants, shall be entitled collectively to but one vote° WHEREAS, said Petty's Bight Association, Inc°, is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns; NOW, THEREFORE, THIS DECLARATION WITNESSETH: THAT the said Petty's Bight Association, Inc. for the benefit of itself, its successors and assigns, in consideration of the premises and for the purpose of carrying out the intention above expressed, does hereby make known, admit, publish, covenant and agree that the said premises hereinbefore set forth, shall hereafter be subject to the following covenants running with the land, and binding upon all purchasers, mortgagees and holders of the said premises, their heirs, executors, administrators, successors and assigns up to and including the 1st day of January 1988, when they shall cease and terminate, viz: ~ 1o That no fence of any kind shall be erected upon any of the said premises from the front line of the building erected thereon extended for the full width of the lot to the front line of the said premises and no fence shall have a greater height than four (4) feet. 2° No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 3. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 4. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than on detached single family dwelling not to exceed two stories in height and a private garage for not more than two cars. 5. No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one story open porches, shall be not less than 750 square feet. Any structure constructed on any lot shall be set .back 40 feet from the front property line and 25 feet from the side ~i-ne-.'~ny structure on lot 17 to 21, inclusive, shall be set back a minimum (~f 130 fe~t from the rear property line. 6. No lot shown on said subdivision map shall be subdivided or conveyed as separate parcels. 7. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 9. The private beach and parking areas identified on said map as "For Residents Only", are to be reserved for the property owners on the said map and each plot owner will have an undivided interest in the aforesaid beach and parking area in common with all the other property owners and each property owner will be obligated to pay his proportionate share of the cost of erecting improvements thereon and in the upkeep and expense thereof and for the upkeep and maintenance of the private roads shown on said map to Petty's Bight Association, Inc. annually in accordance with the by-laws of Petty's Bight Association, Inc., on which date said charge shall become a lein upon the property and so continue until fully paid. Said charge will be determined and voted upon at the annual meeting of said association. A penalty charge of interest at 8% per annum upon the unpaid balance will be imposed by the Petty's Bight Association, Inc. for the non-payment of these charges. No profit whatsoever, shall at any time be made from said beach property and parking area. All property owners, their successors, assigns and invitees hereby release all their rights to make claim or bring suits against Perry's Bight Association, Inc., for personal injuries or property damage while using the parking, bathing or boating areas. 10. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1988o 11. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. DECLARATION OF~OVENANTS AND RESTRICTIO~ -3- 12o Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force or effect. 13. No building, fence, wall or other structure shall be erected or maintained nor any change or alteration made therein unless the plans and specifications therefore showing the nature, kind, shape height, material, color-scheme and location of such structure and the grading plans of the lot or plot to be built upon shall have been submitted to, approved in writing by, and a copy thereof, as finally approved, lodged permanently with the Perry's Bight Association, Inc. 14. Easements for installation and maintenance of utilities and drainage facilities across and under premises to be conveyed are hereby reserved to Perry's Bight Association, Inc. or its successors or assigns, who may grant permanent easements to public utility companies. 15o Any of the reservations, conditions, covenants, charges and agreement's herein contained, may be annulled, waived, changed or modified by Perry's Bight Association, Inc. In witness whereof, the Petty's Bight Association, Inco, has executed the foregoing declaration the day and year first above written. Petty's Bight Association, Inc. Date Received Signature LOT ~ .... BY-LAWS OF PETTY'S . BIGHT ASSOCIATION, INC. ARTICLE I Purpose SECTION h The purposes for which this Association is formed are those set forth in its Certificate of Incorporation. It is not organized for pecuniary profit and no part of its net earning shall enure to the benefit of any person, firm or corporation. ARTICLE II Membership SECTION h Any person, firm or corporation owning real property as shown on Map of Green Acres at Orient, surveyed by Otto W. Van Tuyl, surveyor, Suffolk County, New York, shall be a member of this Association. Ownership shall be determined by the records of the County Clerk of Suffolk County. Persons owning property, as tenants by the entirety, or as tenants in common or as joint tenants, shall be entitled collectively to but one vote. SECTION 2: Any member who ceases to own property on the aforesaid map shall automatically cease to be a member of the Association. SECTION 3: The rights and powers and obligations of the members shall be subject to all of the covenants and conditions set forth in instruments of record pertaining to said property. ARTICLE III Dues SECTION 1: The annual dues shall be such amounts as may be fixed by the board of directors for each calendar year. SECTION 2: each year. All dues shall be payable by the 15th day of March in SECTION h All management powers of the Association shall be vested in the Board of Directors, who shall not be less than three (3) in number nor more than five (5) in number and who shall be elected annually by the membership at the annual meeting to be held on or before the 1st day of July of each year. BY-LAWS OF P~TY'S BIGHT ASSOCIATION, -2- Directors must be members of the Association and their term of office shall last one year. SECTION 2: The Board of Directors may hold meetings at such times and places as they'think proper; appoint committees on particular subjects from the members of the board or from other members of the Association; audit bills and disburse the funds of the Association; and employ agents and devise and carry into execution such other measures as they deem proper for the protection of the objects of the Association° ARTICLE V Officers SECTION 1: The officers of the Association shall consist of a president, a vice president, a secretary and a treasurer° SECTION 2: The officers shall be elected at the annual meeting of the Board of Directors and shall hold office until the next annual meeting of the Board of Directors and until their successors are elected or until removed by the vote of a majority of all directors° SECTION 3: The president shall be the chief executive officer of the Association and shall be in charge of the direction of its affairs and shall ex officio be a member of all committees° The other officers of the Association shall have the powers and perform the duties that usually pertain to their respective offices° SECTION 4: The officers and the directors shall not receive, directly or indirectly, any salary or other compensation from the Association unless authorized by the concurring vote of two thirds (2/3) of ail the directors. ARTICLE VI Meetings of the Members of the Association SECTION 1: The association shall hold its annual meeting of members for the election of directors, the adoption of a proposed budget for the forth coming fiscal year, and for the transaction of such other business as may come before the meeting, on the third Saturday in October at a place and an hour to be specified in the notice of such meeting. SECTION 2: Special meetings of members shall be called by the secretary upon request of the president or by order of two (2) members of the Board of Directors or upon the written request of five (5) active members of the Association. SECTION 3: Notice of all meetings of members shall be mailed or delivered personally to each such member at his address as it appears on the current tax assessment roll of the Town of Southold not less than ten (10) nor more than forty (40) days before the meeting. BY-LAWS OF BIGHT ASSOCIATION, -3- SECTION 4: At all meetings of members one third (1/3) thereof, whether present in person or by proxy, shall constitute a quorum but fewer than a quorum shall have power to adjourn from time to time until a quorum be present. SECTION 5: All meetings of members shall be presided over by a chairman who shall be elected at the meeting° The proceedings of each meeting shall be verified by the signature of the chairman. ARTICLE VII SECTION 1: There shall be such committees as the Board of Directors shall from time to time establish. ARTICLE VIII SECTION h The fiscal year of the Association shall be from January 1 to December 31. ARTICLE IX SECTION 1: These by-laws may be added to or amended in whole or in part by the affirmative vote of two thirds (2/3) of the members present and entitled to vote in person or by proxy at any annum or special meeting of the members°