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HomeMy WebLinkAbout3028Sou hold T wn Board of Appeals MAIN RE}AD- STATE RE}AD 25 ~3OUTHE}LD. L.I.. N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3028 Application Dated August 25, 1982 TO: M-rs. Ann 0 ' SulLivan 144 Colonial. Sprmngs Road Wtteatley Heights~ NY ~1798 [Appellant {s) ] [ ] [ ] 'At a Meeting of the,Zoning Board of Appeals held on eptember 9, 1982 the~bo~e appeal~',was~on~idered, and %he action indicated below was t~ken o~ your ~ Requ6st for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article .., ,Section " [ ] Request for The public hearing on this matter was held on September 9, 1982. Application of ANN O'SULLIVAN, 144,,C~lonial Sprzngs Road, Wheatley Heights, NY 11798, for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: 5692 Main Bayview Road, Southold, NY; bounded north by Breslin; west by Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale. County Tax Map Parcel No. 1000-78-4-41.2. The board made the following findings and determination: By this appeal, appellant seeks approval of access over a private right-of-way 15 feet in width and extending south of Main Bayview Road a length of 362.65 feet, along the westerly side of premises presently of Breslin. The premises in question contains an area of one acre and is zoned "A" Residential and Agricultural. It is the opinion of this board that the right-of-way is in need of improve- ment, and of course this right-of-way appears to be the only legal access into the premises. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unmque and practical difficulties have been shown; that by allowing the varzance no substantial detriment to adjoining properties would be created; that the difficulty[cannot be obviated by a method feasible to appellant other than ~%.~z, ariance; 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 indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3028, application of ANN O'SULLIVAN for approval of access pursuant to New York Town Law, Section 280~, be and hereby tS GRANTE~ SUBJECT TO THE FOLLOWING CONDITIONS: 1. This access road must maintain a minimum width of 15 feet and sbalt be cleared of all trees, brush and other obstructions at all times to a minimum.width of 15 feet; 2. This access road shall be mmproved in the following method: Surfaced with a minimum depth of two inches of packed three-quarter (CONTINUED ON PAGE TWO) DATED: October 4, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3028 Matter of Ann O'Sullivan Decision Rendered September 9, 1982 inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed stone blend to a depth of tw~ ~ches. 3. No certificate of occupancy shall be issued for the construc- tion of any buildings or structures, or for any existing buildings or structures, on the premises to which this access is referred, until all of the conditions set forth herein have been complied with. 4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur in the future, the applicant and/or owner shall be required to constructed such drainage facilities as may be recommended by the Board of Appeals or town- authorized engineer or inspector. 5. This access road must be approved by the Board of Appeals or town-authorized engineer-inspector, as to meeting the above requirements. 6. This access road must be maintained at all times in good satisfactory condition as stipulated above for access by all vehicles. Location of Property: 5692 Main Bayview Road, Southold, N , County Tax Map Parcel No. 1000-78-4-41.2. Vote of the Board: Ayes: Messrs. Goehringer, Gr±gonis, Douglass and Sawicki. (Membe.r Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. APPNOVED Chairman Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS_ JR. SERGE DOYEN. ROBERT J. DOUGLASS JOSEPH' H. SAWICKi S°uthold own Board o£Appeals MAiN ROAD- STATE: ROAD 25 BOUTHOLD. L.I., N.Y. llg?l TELEPHONE (516,765-1809 NOTICE tS 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, September 9, 1982 commencing at 7:3~ p.m. and as follows: 7:30 p.m. Application of WILLIAM KEINATH, Box 129G, Route 1, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to alter lot line, reducing the area of the easterly parcel and increasing the area of the westerly par- cel, (not altering the insufficient depth of both parcels as exist}. Location of Property: South side of Sound View Avenue, Mattituck, NY; bounded north by Sound View Avenue; west by Krupski; south by Robinson; east by Kuegle; Suffolk County Tax Map Parcel No. 1000-94-2-1.2 and 1.2. 7:35 p.m. Application for JAMES MANOS, 2440 Brigham Street, Brooklyn, NY, by Rudolph H. Bruer, Esq., for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: 400 feet east of Mill Road, Mattituck, NY; bounded north by Bungalow Lane; south and west by right-of-way; east by Boechman and others. County Tax Map Parcel No. 1000-113r6~14. 7:40 p.m. Application of ANN O'SULLIVAN, 144 Colonial Springs Road, Wheatley Heights, NY 11798 for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Proper%y: 5692 Main Bayview Road, Southold, NY; bounded north by Breslin; west by Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale. LCounty Tax Map Parcel No. 1000-78-4-41.2. 7:45 p.m. Application of CHARLES p. Z!EGLER, by Gary Planner Olsen, Esq., Main Road, Mattituck, NY, for a Variance ~o the Zoning Ordinance, Article II, Section 100-23(C) and Article III, Sections 100-30 and 100-31 for permission to locate buildings with insuffi- cient setbacks as exist on the premises due to the proposed location of the Subdivision lines and for permission to retain garage use of building on Lot No. 2; and for a Variance for Approval of Access, New Page 2 Legal Notices of Hearings Regular Meeting of September 9, 1982 York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Lots 12, 13 and i4 as shown on Map of Point Plesant No. 270; Suffolk County Tax Map Parcel No. 1000-114- 1-5. 7:50 pom. Application of PASQUALE RO~4ANELLI, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for Variances: (1) to New York Town Law, Section 280-A for approval of access, and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with an insufficient frontyard setback from Landing Road. Location of Property: Haywaters Road, Nassau Peint, Cutchogue, NY; Subdivision Lot No. 1 as shown on Map of Peconic Bay Properties No. 786; Suffolk County Tax Map District 1000-111-1-42. Dated: Augus~ 26, 1982. BY ORDER OP THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, SEPTEMBER 2, 1982 and forward one affidavit of publication to: ~ard of Appeals, Town Hall, Southold, NY 11971 on or before September 7, 1982. X Copies ~o the following on 8/27/82: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Mr. and Mrs. William Keinath, Box 129G, Rudolph H. Bruer, Esq. for James Manos Hrs. Ann O'Sullivan, 144 Colonial Springs Road, Gary Ftanner Olsen, Esq. for Charles P. Ziegler Gary Flanner Olsen, Esq. for Pasquale Romanelli ~own Clerk Bulletin Board Building Department (V. Lessard) Mattituck, NY 11952 Wheattey Z. B.A. Members Heights, NY 11798 '~' TOWN OF 'SOUTHOLD, NEW YOR~'/ AUG ~,5198~: APPEAL FROM DECISION OF BUILDING iNSPECTOR ~PPEAL NOi ~J ~ DATE ......... , .................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ tV, re) ~ ,~, ...(.~..V... Name of Appellant Street on~l' Number .v. sw.:,::..~,..~:..~.~..,.~J.~.,..,~.m(..:,..t~./; ............. ; .................. H~REBY APPEAL TO Mua ic'ipqlit)~ ' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........... ~..~..L.~.-.d~.. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ................. Name o~ Applicant for permit '""',2 ', ......... "['Z:'""F ....... p"~' .................................. 7' ....... ~ ............... I'""7' -- 3treet ann murnDer Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ..........................Street X ............ O;;'Si6;i~F;;' ~;;i;~-~;~ ~ ZOO0 ~c 0~ ~z eV Xo ~ 2 PROViSiON (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section one Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) TYPE OF APPEAL Appeal is mode herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Lows Art. 16 Sec: 280A Subsection 3 4. PREVIOUS APPEAL A Previous oppeaJ (has) (h~ts ,'zotg been made with respect to this decision of the Building InspecTor or'with respect to this property. Such ~ppeal was I ) request for a sDeciaJ permit (~) request for o voronce REASON FO~ APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or umneces, sar. HARDSHIP because 2 The hardshia created is UNIQUE and is not shared by all properties alike in the immediate vicinit'_ of this property and n this use district because 3 The wr~ance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT oecause COUNTY ~ I ss Si~)~ature 19 % NOTARY PUBLIC, ~ of New Y~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 16, 1983 Mrs. Ann O'Sullivan 144 Colonial Springs Road Wheatley Heights, NY 11798 Re: Appeal No. 3085 Dear Mrs. O'Sullivan: At a meeting held on Thursday, August llth, the Zoning Board unanimously approved the right-of-way to your home which is located off the south side of Main Bayview Road as improved. We have tried on several occasions to reach you by tele- phone at 765-2281. Please keep this letter for your files, and if you have any questions, please don't hesitate to call our office. Yours very truly, cc: Building Department O'Sullivans: Main Bayview Road Southold, NY 11971 GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary _,eeeeeeeeee eeeee<~iel~e Southold Town Board of Appeals -25- February 25, 1983 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the date for the next Regular Meeting of this board BE AND HEREBY IS SCHEDULED FOR WEDNESDAY, MARCH 23, 1983 at 7:30 p.m. to be held at the Southold Town Hall, Main Road, Southold New York. ' Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. HEARINGREQUEST.J2L--~.HE MATTER OF ANN O'SULLIVAN FOR SS: Appea~ N~ (~ehearing of #3028): APPROVAl. WHEREAS, on September 9, 1982, this board rendered a conditional approval of Appeal No. 3028 for Ann O'Sullivan upon her request for approval of access; and w~EREAS, on February 7, 1983, a request was filed with the office of the Town Clerk for a rehearing in the matter of the approval of access in Appeal No. 3028 (see Appeal No. 3085) stat- ing her reasons for this request; and NOW, THEREFORE, BE IT RESOLVED, Ghat Appeal No~. 3085~a licatlon for ANN.O'SULLIVA~ be granted a rehearing, and t~bl~ hearing concerning this matter is scheduled and shall be advertised pursuant to law, to be held at the board's next Regular Meeting of March 23, 1983 at the Southold Town Hall, Southold, NY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was ~unanimously adopted. CLOSED SESSION FOR DELIBERATIONS: On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED to recess temporarily for the purpose of deliberating, and that the Regular Meeting shall reconvene immediately after such deliberations. This resolution was unanimously adopted. RECONVENE REGULAR MEETING: At approximately 11:00 p.m., on motion by Mr. Goehringer, seconded by M~. Douglass, the board recon- vened its Regular Meeting. This resolution Was unanimously adopted. MAIN ~OAD January 18, 1983 Mr. Gerard Po Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, N~w York 11971 Re: Appeal No. 3028 Ann O'Sullivan Dear Mr. Goehringer: Please withdraw our letter of January 10, 1983, and the request therein, from consideration by the Board. Thank you for your cooperation. Since,~ly, Rj~p~'~Brue r RI-lB/df January 10, 1983 Mr. Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3028 Ann O'Sullivan Dear Mr. Goehringer: The above matter was considered at the September 9, 1983 meeting of the Board. At that time, the appellant was neither represented by counsel nor able to attend the hearing in person, due to being in California. This office is now representing Mrs. O'Sullivan, and at her request we respectfully ask that the Board grant a re-hearing of this matter in order that our client may have the opportunity of presenting her case to you. Please advise. (i' Bruer Mem~ndum from.... BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 APPEALS ROARD MEMRFRS GERARD P, GOEHRINGERr CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. TELEPHONE (516) 765 1809 .October 5, 1982 Mrs. Ann O'Sullivan 144 Colonial Springs Road Wheatley Heights, NY 11798 Re: Appeal No. 3028 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 GEP~ARD P. GOEHRINGER CH~I RM3LN / . ~By' Linda F. Kowalski Secretary CONSULT YOUR L~WYER BEFORE SIGNING THIS INSTRUMENT · THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, madethe / '-~ day of February ,nineteen hundredand eighty-one BETWEEN ANN P. WOODHOUSE O'SULLIVAN, residing at 144 Colonial Springs Road, Wyandanch, New York and ROSE M. WOODHOUSE BRE~LIN, ~esiding at 2807 141st Street, Flushing, New York party ofthefirstpart, and ANN P. WOODHOUSE O'SULLIVAN, residing at 144 Colonial Springs Road, Wyandanch, New York party of the second part, WITNE$$ETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a point on the southeasterly line of land of J.W. Burkhardt and the northwesterly line of land of the parties of the first part, said point being S.41°52'50'~W. - 362.69 feet from a monument set on the southwesterly line of Main Bayview Road; running thence along other land of said parties of the first part, three courses: (1) S.48°07'10"E.-60.22 feet; thence (2) N.41°52'50"E.-8.02 feet; thence (3) S.48°07'10"E.-60.23 feet to land of R.H. Darnell; thence along said land, S. 41°52'50"W. - 415.32 feet to the easterly line of a private road known as Corey Creek Lane; thence along said line of Corey Creek Lane and along the easterly line of lot 26 shown on "Map of Corey Creek Estates" filed in the Suffolk County Clerk's Office as map ~)4923,N. 8o37'00,,W. _ 156.10 feet to said land of J.W. Burkhardt; thence along said !and, N.41o52'50"E. - 308.0 feet to the point of beginning. Containing 43,562 square feet. Being a portion of the premises conveyed to the Party of the First Fart by Deed dated January 22, 1964 and recorded in the Office of the Clerk of Suffolk County ~fi January 31, 1964 in Liber 5491, page 382. Toast'her with a right of way 14' to 15' wide from the northerly corner of the premises herein described along the northwesterly line of the remaining lands conveyed to the Party of the First Part by the above described Deed for ingress snd egress to Main Bayview Road. 305'7? boFFOLK ~_COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to tbe center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constrsed as if it read 'part'es" whenever the sense of this indent.ure *o requires. IN WITNESS WHEREOF, the party of the first part bas duh, executed this deed the day and year first above written. ' ' ' -? ANN ~. W00DHOUSE O'SULLIVAI'~ ROSE M. WOODHOUSE BRESLIN STATE OF NIW YORK. COUNTY OF "' ~'~ SS: On the / 7 day of February 1981 , before me personally came ANN Po WOODHOUSE O'SULLIVAN to mc known to be the individnal described in and wfio executed the foregoing instrument, and acknowledged that she executed the same. STATE OF NEW YORK, COUNTYITY OF//~OF SS: On the /' 7 day of r'~P/dzc~('~/19~/, before me personally came,~d ~/~o~o ~5'e to me ~¢nown, wno, oe ngoy me auly sworn, did depose say that ~he resides~t No. that ~ he is th ~ ~cutedthe corporation described in and whiel the foregoing instrument; that he knows thc/seal of said cor~ration; that the seal affixed to said instrnment is such corporate seal; that it was so affixed.by order of the board of directors of said corpora- tion,~hd that' he signed h name thereto ~ li~rd~r~. argain ale eeh TITLE NO. TO STANDARD FORM OF NEW YORK ROARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE INSURANCE COMPANY STATE Of NIW YORK, COUNTY 0P ~:~.,......~ SS: On the /'~ day of February 1981 , before me personally came ROSE M. WOODHOUSE BRESLEN to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. STATE OF NEW YORK, COUNTY OF On the / 7 day of ,. 19 g/, fore mr personally came ~o.5 e ~],//b~/c'ec/~o~Sco /)De__ ;~ the subscribing witness toAhe foregoing :nsTrument, with whom I am personally acquainted, who, being by me duly sworn, d~d depose an~say that ~ he remdes at No. that ~ he'kno~ ; ,/ to be the individual described in and who executed the foregoing instrument; that//he, said subscribing witness, wa~sent and saw ~ ~-exe~tK~ s~'ame; an~t he,~d ~i~ne~s~ at t~ ~me subscribed h name as witness thereto. ~ P~ER C. KELSC~ - : Tax Map No. 1000 SEc'rION 078 BLOCK 4 LOT Part of Lot 41 COUNTY ~O~N Suffolk Recorded at Request o~ CHICAGO TITLE INSURANCE COMPANY Return by Mail to NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of · the Town Law and the Pro: visions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, September 9, 1982, commencing at 7:.30 p.m. and as follows:$ 7:.10 p.m. Application of WILLIAM KEINATH, Box 129G, Route 1, Mattituek, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to alter lot line reducing the/ area of the easterly parcel and increasing the area of the westerly parcel, (not altering the insufficient depth of both parcels as exist). Location of Property: South side of Sound- View Avenue, Mattituck; N.Y.: bounded by Sound View Avenue: west by Krupski; south by Robinson; east by Kuegle; Suffolk County Tax Map Parcel No. 1000-q4-2-1.2 and 1.2. 7:3S p.m. Application for JAMES MANOS, 2440 Brig- ham Street, Brooklyn, N.Y., by Rudolph H. Bruer, Esq., for a Variance for Approval of Access, New York Town La'~', Section 280-A. Location o~,/ Property: 400 feet east of Mill Road, Mattituck. N.Y.; bound- ed north by Bungalow Lane; south and west by right-of- way; east by Boechman and others. County Tax Map Par- /'~. 7:40 ,p.m. Application o' /ANN O SULLIVAN. 144 Col- onial Springs Road, Wheatley Heights, N.Y. 11798 for ;~ Variance for Approvat of Ac- cess, New York Town Law,~ Section 280-A. Location of Pro- ~ perry: 5692 Main Bayview Road, Southold, N.Y.; bound-' ed north by Breslin: west by Burkhardt and Ebler; south by Corey Creek Lane: east by Orientale. County Tax Map./ Parcel No. 1000-78-4-41.2. 7:45 p.m. Application of~''s '"CHARLES P. ZIEGLER, by Gary Flanner Olsen, Esq., Main Road, Martituck, N.Y., for a Variance to the Zoning Ordinance, Article Il, Section 100-23(C) and Article III, Sections 100-30 and 100-31 for permission to locate buildings' with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for per- mission to retain garage use of building on Lot No. 2; and for a Variance for Approval of Ac- cess, New York Town Law, Section 280-A. Location of Pro- perty: Home Pike Road, Matti~ tuck, N.Y.; Subdivision Lots 12, 13, and 14 as shown on Map of Point Plesant No. 270; Suffolk County Tax Map Parcel No. 1000-114-1-5. 7:50 p.m. Appheation of PASQUALE ROMANELLI, by. Gary Flanner Olsen, Esq.; Main Road, Mattituek, lq,Y,' for Variances: (1) to New York COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG iSLAND TRAVELER-WATCHMAN, a pL~blic newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- / m~n once each week for ............................ ~ ......weeks successively, commencing on the ........ ...'~.. ....................... d a y~ ....~....~..~i .~.~ :Z~ ............ 19...~.....'~ ~ Sworn to before me this ........... ...~......~. .......... .day of LEGAL NOTICE NOTICE IS HEREBY ~JTVEN, pursuant to Section of the Town Law and the 'rovisions of the Amended ode of the Town of Southold, Regular Meeting and the )llowing public bearings will e held by the Southold Town oard of Appeals at the Town all, Main Road, Southold, Y on Thursday, September 91982 commencing at 7:30 ['n. and as follows: L~:30 p.m. Application of LLIAM KEINATH, Box '9G, Route 1, Mattituck, NY r a Variance to the Zoning cdinance, Article III, Section 0-31 for permission to alter~- t line, reducing the area of :e easterly parcel and creasing the area of the esterly parcel, (not altering e insufficient depth of both rcels as exist). Location of 'operty: South side of Sound ew Avenue, Mattituck, NY; unded north by Sound View :enue; west by Krupski; uth by Robinson; east by ~egle; Suffolk County Tax ap Parcel No. 1000-94-2-1.2 d 1.2. z:35 p.m. Application for tMES MANOS, 2440 igham Street, Brooklyn, Bruer, Esq., for a Variance for Approval of Access, New/ York Town Law, Section 280- A. Location of Property: 400 feet east of Mill Road, Mattituck, NY; bounded north by Bungalow Lane; south and west by right-of-way; east by Boechman and others: County Tax Map Parcel No. 1000-113- 6-14, .~_ f7:40 p.m. Application of ~ ANN O'SULLIVAN, 144 / Colonial Springs Road,~ Wheatley Heights, NY 11798[ for a Variance for Approval of~ Access, New York Town Law, ) Section 280-A. Location of/' t Property: 5692 Main Bayview~ Road, Southold, NY; bounded north by Breslin; west by Burkhardt and Ebler; south/ by Corey Creek Lane; east by Orientale. County Tax Map,., l,,,_Parcel No. 1000-78-4-41.2. 7:45 p.m. Application of CHARLES P. ZIEGLER, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY, for a Variance to the Zoning Ordinance, Article II, Section 100-23(C) and Article III, Sections 100-30 and 100-31 for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2; and 'for a Variance for Approval of Access, New York/ Town Law, Section ,280-A. Location of Property: Home Pike Road, Mattituck, NY Subdivis on Lots 12, 13 arid 14 as shown on Map of Point Pleasant No: 270; Suffolk County Tax Parcel No. 1000- 114-1-5. 7:50 p.m. Application of PASQUALE ROMANELLI. by Gary Flannec Olsen, Esq., Main Road, Mattituck, NY for Variances: (1) to New York Town Law, Section 280-A for approval of access, and i2) to .th_~ Zoning Ordinance, Article permission to construct new dwelling with an insufficient frontyard setback from ~"Landing Road. Location of Property: Haywaters Road~ Nassau Point, Cutchogue, NY; Subdivision Lot No. I as shown on Map of Peconic Bay ProDerties No. 786: Suffolk County Tax Map District 10O0- gFFOLK, 1 Dated: August 26, 1982. /~r YORK, } ss: BY ORDER OF ' J THE SOUTHOLD TOWN GLIS EaVSOD BOARD OF APPEALS ........................ being d' GERARD P. GOEHRINGER CHAIRMAN. · · is Printer and Publisher of the ~ By Linda Kowalski, Secretary S, n newspaper published ~t Greenp 1TS2-4047 _: ~ the notice, of which the annexed i copy, has been published in the ~aid Suffolk We~ ~nce in each week, for one successively commencing on the ....2.n.d. ......... day of ..... Sep.~emher. 19..82.. I ~ /' .~, H[t£N K DE V0/ NOT~y PUBLIC. State of New Yo~k No 4/07~/~, Sulfotk County T~rm [xp~es March 30. 19~L~ Southold Town Board of Appeals August 26, 1982 ' ENVIRONMENTAL DECLARATION: Appeal No. 3028. ~ApPlicatio~ of ANN O'SULLIVAN. Variance for approval to build accessory· storage shed. Public Hearing scheduled.·for September 9, 1982. On motion by Mr. Douglass, it was seconded.by Mr. Sawicki,' RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of ·Ann O'Sullivan: EJV 0 ~ , . _.. ~..~ IT..L DECLAP~ATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the enviror~ent for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. .. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 5692 Main Bayview Road, Southold, NY Vote of the Board: Ayes: Messrs. Douglass, _ .. ~ uC~oehr~n~er, Grigonis and Sawicki (absent was Member Doyen) JUDITII T. TERRY TOWN CLFRK OFFICE OFTHETOWN CLERK TOWN OF SOUTHOLD August 25, 1982 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3028 application of Ann O'Sullivan 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 survey. JTT/bn Southold Town Clerk Enclosures TOWN OF SOUTHOLD, NEW YORK AUG 198 APPEAL FROM DECISION OF BUILDING INSPECTOR ~ ~mlti01il TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Nlumber ........ M,.,n c pa,ty ..... /.. ...... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~ ~ L I ~; -~I ' APPLICATION FOR PERMIT NO ..................................... DATED ..........Z.::...~...~..l..2....~. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO .............. 77.~!.~ ........................... Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY .....~7~...~..`~:~..../~./.j..A./...~....~..~.!:./.?..~.~..~.:'..~..~:?..~.U..~ ...... ..~..~.. Street · lv~op No. Lot No. Use District on Zoning Map 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.) 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) (J,te~t.) 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 (~z) re;luest for a variance ~'~' ~'~-)) and was made in Appeal No. ~OJ~ ............... Dated (k') ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance IS requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,/ HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate v[cindy of this property and in this use district because 3 The Varionce would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CtlAkA~-TER OF THE DISTRICT because F~~) ss COUNTY 0 ) .......................... ~i~ ;~:~ ............................ Sworn tr, this ........... ~ ............ day of ..... ELIZABETH ANN N~WLLE NOTARY PUBLIO, ~ of New York No, 52-8125850, Suffolk Coun,.~y,/ Term Expires March 30, 19.~Y:~~'' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That/i,~3:~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Special Exception)(Special Permit) (Other) [c±rcle cho±ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3, That the property which is tlAe subject of/~uch Petition is located in the following zoning district: 4, That by such Petition, the undersigned will request the following relief: '//'~ 5. That the provisions ~f the Southold Town Zoning. Code applicable to the relief sought by the under- signed are Article ./,~ Sect/on 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. (5'16) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office. Address ~ ~ I NAME PROOF OF MAILING OF NOTICF ATTACH ~ERTIFIED MAIL RECEIPTS ADDRESS ,, ~= STATE OF NEW YORK COUNTY OF SUFFOLK SS.: ~ Ig duly sworn, deposes and,sa~s/~hat on the ~,~ / day of ,19 ,/- ,~ , deponent mailed a true copy of the Notice set forth on the re- verse side 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 asseqsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at 2%~:~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail February 6, 1981 Mr. Donald M. Rossi Danbury-Brewster Road, Brewster, New York 10509 Dear Mr. Rossi: I have issued the two (p~e-existing) Certificates of Occupancy as you applied for. Mrs. O'Sullivan had given ue the cash fee December 11, 1980 so I am returning Maureen Breslin check #107 of $10.00. Please pass on this receipt #18107 to Mrs. O'Sullivan and the check to Maureen Breslin. At this time, you show the 15-14' Right of Way over which in the future someone can apply for a approval of the access as is required under 280A to be able to get any building permit. Yours truly~ .-."v.,.'~""/~,~r~.w't.z,4-.,/ George ti. Fisher Sr. Building Inspector GHF:JKD Enclosures Sou th o Id To wn Boar d o f ea Is MAIN ROAD- STATE I~DAD 25 SOUTHOLD, L.I., N.Y. 11c~"71 TELEPHONE (516) 765q 809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki November 19, 1980 Donald M. Rossi, Esq. Danbury-Brewster Road Brewster, NY 10509 Re: Appeal of Ann P. O'Sullivan,and Rose M. Breslin Dear Mr. Rossi: Today we received your application and related forms for a variance concerning property located at Main Bayview Road, Southold, New York owned by Ann P. O'Sullivan and Rose M. Breslin. As you know, when these forms were filled out and mailed to our office, we had not received a Notice of Disapproval from the Building Inspector indicating reasons for your appeal. This date George H. Fisher, Senior Build- ing Inspector referred a copy of a letter addressed to you indicating what approvals will be required for this property. Your variance applications appeal Article III, Section 100- 31 of the Town Code, a copy of which is enclosed for your reference. Mr. Fisher states in his November 19, 1980 letter that all that is required concerning this property is approval of access, which he states is only required when you apply for a building permit. Therefore, we are returning your variance application forms and $15.00 check. If you wish to proceed with a 280-a variance, a new set of forms are enclosed. You will have to re-notice the adjacent property owners because you will be appealing a different section, to wit, New York Town Law, Section 280-a. If I can be of further assistance, please do not hesi- tate to call. Sincerely yours, Enclosures Linda F. Kowalski cc: Mr. George H. Fisher Secretary DONALD M. ROSSI ATTOI~NEY AT LAW (914) 279-2986 (~14) 277-4198 Town Clerk, Town Hall Main Road Southold, Dear Mrs. Enclosed t. November 17, 1980 Judith T. Terry New York 11971 Re: Variance Application of Ann P. O'Sullivan and Rose M. Breslin Premises: Main Bayview Road Terry: for filing in your office please find: Variance Application (in triplicate) of Ann P. O'Sullivan and Rose M. Breslin; 2. Filing fee of $15.00 payable to your order; 3. Three (3) copies of the map of the subject property; 4. Environmental Assessment Form 5. Wetlands Letter 6. Copy of Notice to Surrounding Property Owners with certified mailing receipts attached. I would greatly appreciate it if you would forward said RECEIVED ,, 1 9 i980 Judith T. Terry - 2 - November 17, 1980 enclosures to Linda Kowalski, of Appeals, upon receipt. Thank you very much. DMR:cs Enclosures Secretary of your Zoning Board Sincerely, (Today's Date) TO: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of ~ Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iq the within appeal application: (please check one box) [ ] b!ay be located within 300 feet of tidal wetiands; 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 b~ 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 approxima5e!y 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. not appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) ~',sTPucTIOHS: ~ (~) ]11 order to answer the questions in this short EAF it is assumed ihct the preparer %-ti!l use currently ovo-iloble information concerning the project and iha likely impacts of the action. It is not expcctcd that additional studies, rescarch or other investigations Y/ill be undertaken. (b) If any question has been ons¥!ered Yes the project may be significant and a completed Environmental Assessmenl Form is necessary. (c) If ol! questions have been answered Jqo it is likely %hat project is not significant. (d) Environmental Assessment Z. U£11 prelect resu±t in a large physical change · : '' ia the project site br physically alter more · than t0 acres o~ land? ................. Yes No -unusual land form found on the site? ..... Yes projec olte or eve o arge' effec "2 ...... existing body of wolff? .................. Yes. on groundwater quality? Yes '~ No ' 5. %'/ill project significantly efFec.t_dro~ncge . · . - flo~ adjacent sites? ' Yes 6. ¥,'ill pro3ect affect any threatened or endangered plant or animal species? ...... Yes ~ No 7. pro,eat result ia o ajor o v0rse " on air quality? ........... : ................ Yes ~ No g. Will project have o major effect on vlsu~i ' chorea±er of the community or scenic views or vistas known to:be important to the community?. 'Yes ?. Will project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designaLed as a critics! environmental area 10. Will project have c major efifect on existing or future recreational opportunities?.' ....... Yes YNo 11. Will project result in.major traffic problems o< cause a major effect to ex-isting eransportatlon systems? ....................... Yes 12. Will project .regularly cause objectionable odors, noise, glare, vibrotion, or electrical disturbance as a result of the project's operaeion? ......... ' .......... ': ................. Yes ~No 13. Will project have any impact on public health or.satiety? .................................... Yes VNo 1~. Will p?oject effect the existing community by.- '. directly causing o grow%h in permanent population of more than 5 percent over a one year period or hove a major negative effect on the character of the community or neighborhood? ................................. Yes V No 15. is ~here public controversy concerning the V project? Yes No PREPARER'S S]GHA!URE REPP. ESEttT INC ,0 ~7 4 lo)