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HomeMy WebLinkAbout2939 TOWN OF SOUTHOLD, NEW ACTION OF THE ZONING BOAI~D OF A~PPEAL5 Appeal No. 2939 by applioation Dated December 15, ACTION OF TPIE ZONING BOARD OF APPEALS OF THE TOVFN OF SOUTI~OLD To Mr. John A. Bertani as agent for Mrs. Mignon S: LaMorte Co]onia] Road. Southold. NY 11971 1981 at a meeting of the Zoning Board of Appesls on February 4. . was considered and the action indicated below was taken on your ~ Request for variance due to lack of access ~o property ( ) Request for a special exceDtion tuider the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1982 ~e 1. ~i~.~iC_~kg~c_i%BXkc!%-%~fC~I~kt~f].~lg~/%d. Ki~x!KC~X~nnined that a specLs/ exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... o£ the Zoning Ordinance end the deeP, on of the Building Inspector ( ) be reversed ( ) be c~'xke~c~e Public Hearing 2/4/82: APPlication of Mianon S. LaMorte, 620 E1V Avenue, Pelham, NY (bv John Bertani as agent) for a Variance for approval of access, New York Town Law Article 16, Section 280A. Location of ProDertv: RiGht- of-Way off the west side of Arshamomacue Avenue (Lane), Southold, NY; bounded north by Lieblein; east bv Lewis; south by the bav; west by Mohrin~ (formerlv Clauser); County Tax MaD Parcel No. 1000-66-2-45. (SEE NEXT PAGE) g. VARIANCE. By resolution of the Board it was determined thai (a) Strict application of the Ordinance (would) (wou/d not) produce hardship because (SEE NEXT PAGE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike ~n the immediate vicinity of this property and in the same use district because (SEE NEXT PAGE) (c) The variance (does) (does not) observe the spirit of the Ordirmnca and (would) change the character of the district because (SEE NEXT PAGE) (would not) and therefoi %hat the pre~ FORM ZB4 it was fur%her determined that the requested variance ( THE SOUTiIOLD TOWN CLERK DATE~/~"2 HOUR _ Town Clerk, Town of ~uthold ) be granted ( ) be denied and nfirmed ( ) be rever~& GPG: lk ~G BOARD OF APPEALS Page 2 Decision Rendered Februarv 4, 1982 Application of Mignon S. LaMorte, Appeal No. 2939 By this apDlication, applicant seeks approval of access over a private road 15 feet in width located along the south sides of Lots ~3 and part of ~2, Map of Beixedon Estates~ Southold, and located off the west side of Arshamomaque Avenue. The premises in question is a vacant lot~ known as Subdivision Lot #5, Map of Beixedon Estates~ is approximately 100' in length and an average of 357°50 feet in depth. Applicant has no alternate viable route to the prem~ses~ and the board agrees with the reasoning of applicant. In considering this appeal, the board determines that the variance request is not substantial an 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 M~ Douglass, seconded by Mr. Goehringer, it was RESOLVED~ to grant approval of access as applied for in Appeal No. 2939 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such new access road 15 feet and be cleared of all to a width of 15 feet. shall have a width of not less than trees, brush and other obstructions 2~ Such new access road shall be improved in either of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied ~o the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches, or (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend~ or in the alter- native oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3~ No certificate of occupancy shall be issued for any buildings or structures on the premises to which this access Ks 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, the applicant and/or owner shall be required to construct such drain- age facilities as may be recommended by the Town Engineer. 5o That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector, as to meeting the above requirements. ~o That this access to ail lots Arsharaomaque Lane access is deemed to include the approval of abutting the above-described streets, namely, (Avenue) and the subject private road. Location of Property: Arshamoma~ue Avenue (Lane)~ No~ 1000-66-2-~5~ Right-of-way off the west side of Southold, NY; County Tax Map Parcel Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass° (Member Sawicki was absent.; LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant ro Section 267 of the Town Law and the Previsions 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: 7:15 p.m. Application of Joseph D. Posillico~ Sr., 3605 Camp IVdneola 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 ar 3605 Camp Mineola Road, lViattituck, 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. 7:25p.m. Application of Beverly Andrews ~145 iV*aple Lane, Southotd, NY (by A. Siemerling as agent) for a Variance ro the Zonin9 Ordinance, Article III, Sections 100-32 and 100-34 for permission ro construct lnground swimmingpooI in sideyard area on a corner lot ar premises located on the corner of Grand Avenue and lVlaple Lane, Mattituck~ NY: bounded north by Jemmott: east by Young; south by Ivaple Avenue: west by Grand Avenue: County Tax Map Parcel 1000-I07-02-parr of 010. 7:30 p.m. Application of Richard IViohrin9, 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. L~cation of Property: Right-of-Way off the wesr side of Arshamomaque Avenue, Southold, NY; bounded north by Carney; east by Lewis; south by the bay: wesr by Kohut, Graham~ Travers Latham and Lewis. County Tax lViap Parcel 1000-66-2-44. 7:40 p.m. Application of Mignon S. LaiMorte , 620 Ely Avenue, Pelham, NY (by John Bertani as agent) for s Variance for approval of access~ New York Town Law Article 16, Section 280A. Location of Prol~rry: Right-of-Way off the wes~ side of Arshamomaque Avenue, Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west by IVtohring (formerly Cla~ser). County Tax Map Parcel 1000-66-2-45. 7:45 p.m. Application of Peter and Mary O'Hanlon ~ 6t0 South Ninth Street, New Hyde Park~ NY 11040 for a Variance to the Zoning Ordinance~ Article III~ Section 100-31 for permission to construct new dwelling with insufficient rearyard area at 730 Greenway lYest~ Orient~ NY; bounded north by Trezzo; east by Stuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. 7:55 p.m. (Recessed Hearing). Application ofWiiliam J. Clark. Esq. for 3oseph Yaboni and I~yron Hauptman: IVliddle Road. iViattituck, NY for a Variance to the Zofiing Ordinance, Article III. Sections 100-30A and I00-32B for approval of insuffident sideyard areas of existing buildings due ~o location of new tot lines. Location of Property: Oregon Road and Elijah' s Lane, lvlatti- tuck, NY: bounded north by North Road and Reliable Associates: west by Elijah' s Lane; south by Tuthill: east by Yaboni & ano. CountyTax Flap Parcel No. I000-100-4-6. 8: 00 p. m. Application of Robert and Frank Klos lViain Road, Cutchogue~ NY (Chet Orlowski, Builder ~ for a Speciai Exception to the Zoning Ordinance~ Article VII. Section [00-70B[4) for permission ~o construct addition to prin- cipal building [n this B-1 Zone District a~ 37570 iViain Road~ Peconic-Cutcho~ue. New York: bounded north by ~ain Road~ east by Konarski: south by Horton: west by Horton. County Tax ~w~'ap Parcel 1000-85-3-6. Dated: December 31, 198I. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publis~ once, to wit. Thursday~ January t982 and forward seven affidavits of publication to: L. Kowalski, Secretary~ Board of Appeals, ~ain Road, Southold. NY 1197t. (On or before January 12 1982~ Copies forwarded 12/31/81 ~o: Mr. Joseph D. Posillico~ Sr. Yir. Arthur Siemerling as agen~ for lVls. Andrews Rudolph H. Bruer~ Esq. for iVir. Mohring IV~r. John Bertani as agent for 5is. l~4ignon S. LalViorte I~is. IV~ic~non S. LalViorte lvlro and ~irs. Peter O' Hanlon ~ and l~4r. Richard Lipman (Plainview) William J. Clark, Esq. ~ a[torney for Yaboni & Hauptman Y~r. Che[ Orlowski ~ Builder for Robert & Frank Klos Robert and Frank Klos Copies to Suffolk Times and L.I. Traveler-Watchman ~ Inc. I/ /82 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of S6uthdd, a Regular Mee_t?g__and the following public hearings ha~e'b~en bostponed until Th%lrsday, February 4, 1982 ~o be held by' the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY, commlencing at 7':'15 p.ra. and as follows! 7:15 p.m. Application o~f'Joseph D. Posillico~ S~.., 3605 Camp Iviineola-Roa--d~ Mattituck, NY for a Variance to the Zoning Ordinance~ Article III. Section 100-35 for permission to construct fence exceeding four feet in hei§ht along the frontyat~ area at 3605 Camp l~'iineola Road, lVtattituck~ NY; bounded north by Corwin; east by l'~icFlahon; south by the bay; west by Private Road~ Corwin; County Tax Flap Parcel 1000-123-6-12.4. 7:25 p.m. Application of Beverly Andrews_~ 145 Niaple Lane, Mattituck, NY (by A. Siemerling as agentj for a Variance to the Zoning Ordinance~ Article III, Sections 100-32 and 100-34 for permission To construct inground swimmingpo~l in sideyard area on a corner lot at premises located on the corner of Grand Avenue and lV~aple Lane. i~4attituck, NY; bounded north by Jemmott; eas~ by Young; south by [Vaple Avenue; west by Grand Avenue; County Tax I~ap Parcel 1000-107-02-par~ of 010. 7:30 p.m. Application of Richard l~iohring: 460 Glen Cove Avenue~ Sea Cliff= NJ (by Rudolph H. Bruer: Esq.) for a Variance for approval of access, New York Town La~v 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; wes[ by Kohut ~ Graham, Travers Latham and Lewis. County Tax Y~ap Parcel 1000-66-2-44. 7:40 p.m. Application of ~lignon S. La,forte . 620 Ely Avenue~ Pelham~ NY (by John Bertani as agent) for a Variance for approv~ of access ~ New York Town Law Article 16~ Section 280A. Location of Pro~rty: Right-of-Way off the west side of Arsha~omaque Avenue~ Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; wes[ by ~lohring (formerly Clsuser). County Tax ~lap Parcel [000-66-2-45. 7:45 p.m. Application of Peter and ~ary O'~anlon ~ 610 South Ninth Street: New Hyde Park, NY [1040 for a Variance to the Zoning Ordinance, Article III, Section [00-3[ for permission to construct new dwellin~ with insufficient rearyard area at 730 Greenway West, Orient, NY; bounded north by Trezzo; east by Stuke; south by ~metz~ west by Greenway West. County Tax ~ap Parcel 1000-15-1-20. (Rmchard Lmpman, Esq. ) ~O~ Page 2 Legal Notice of Hearings Re-Scheduled for 1982 ?:55 p.m. (Recessed Hearing). Application of William 3. Clark. Esq. for Joseph Yaboni and Y~yron Hauptman~ IViidd~e Road~ iVlattituck, NY for a Variance so the Zoning Ordinance, Article III, Sections 100-30A 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~ IViatti- tuck~ NY ~ bounded north by North Road and Reliable Associates; west by Elijah' s Lane; south by TuthiI1; east by Yabon] & ano. CountyTax ~lap Parcel N~7 1000-100-4-6. 8:00 p.m. Application of Robert and Frank Klos IViain Road~ Cutchogue~ NY (Chet Orlowski, Builder) for a Special Exception to the Zoning Ordinance~ Article VII ~ Section 100-?0B [~i) for permission so construct addition..to prin- cipal building in this B-1 Zone District at 3?570 IV~ain Road: Peconic-Cutchogue, New York~ bounded north by Iviain Road~ east by Konarski~ south by Horton:. west by Horton. County Tax tViap Parcel 1000-85-3-6. DATED: January 14~ 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 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. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N,Y. NOTICE OF DISAPPROVAL File NO ................................ .....C.. ~.~.~ ~.. ~.~..~. ........... '.,...5".a~'zr-,,.o.~.-: .,w. :7.. .... ,:./.~.7/.. PLEASE TAKE NOTICE that your application dated . ~.~-c,c~K~ ......... for permit to construct...O/.~.e~....~..,ffJ, d~./..~.~..~.,~4~.~'. ~/_/'/..,Sd..~ ........................ at House No. Street / f' Hamlet County Tax Map No. 1000 Section . .O~/~ ...... Block ... ~.~. ...... Lot . .~..~..~.~. ..... Subdivi~o~&~.~.~...~..VT.. Vile. M~p ~o .... /.4..7..~. ...... ~ot No..~..--..' is returned herewith and disapproved on the following grounds /.~..~¢z~'~./.C',~.~.. ~Z..a5~7..~,~'~ /~. (-.©. :'...-... ~/ /. :~. /:. . ./~? ~/. .~. .~. . .... ~c.~. ..~. . .~. ../. .o.a .-..s./.... ............. ...... RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c:~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. l, (~ ~..,~a.....S~.,...~.i~..~'~ ........ of ...~.~....~k%.g.~. ......................... ~ Name of Appell~n~ ~ Street and Number ....... .................................................................... ...... : ....... Municipality S}ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .4~..~..~,.~ .................................... ~ /~.,~'/ WHEREBY THE BUILDING INSPECTOR DENIED TO .... Name of Applicc~nt for permit z .... stT;;[ a;;;~ i~L;;;[;e; ................ 'A';';'i~;~;;i;~'¢"'"'"l ........... ~;~;i;; ....................... of PERMIT TO USE pERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .I..~.~..v~.../~"'"~ .~..,~...~.. ~'~-- --m~.~;~,~Clo~m.0 CI~C%~ .~.~ ~ ~ ... ...............................Street O;~"'6~;i~ ;~ ~ni~"~p .~0.~.~.~.~.~.~.~.5......~.~..~ Mep No. Lot 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicete the A~icle ~ction, Sub- section ~nd P~regroph of the Zoning Ordinance by number. Do not quote the Ordinonce.) 3. TYPE OF APPEAL Appeal is m~de herewith for (~ A VARIANCE to f~e Zoning Ordinance or Zoning Mop (~) A VARIANCE due to I~ck of ~ccess (St~e of New York Town Lew CH=p. 62 Cons. Lews Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeel (has) (.has~h.~no~ been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for e variance and was made in Appeal No ................................. Doted ...................................................................... (%) ()(') ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~,, I ---" ~ ~. -,, . ,': .... ' ' ," .,~.~,~LL~_,I.~-' . _ ~ ~-~e-c~¢ J~ Io~r ~'~ by ~S~-0' ec~,~e_mcn+ ~orm ~,]]! (Continue on Other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP because ~'~e~r~- [ ~ ?"~ 0 ~-~CC O,.C.~C~'d ~ ~ 2 The hardsh a created is UNIQUE and Js not shared by all properties alike in the ~mmediate vicinit~ of this property and in this use district because ?"~L~,A;-, O~- '~L. \'"~O't'~$ ~ 3 The \ anance ~ould observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse '~.~ \ f'~,~%~_ \C~'tr¢~ ~G~ ~ ~O~ coUNTY OF~~'~"''' ~ Signature ~0. 52-812585D, Su~o~k Go~n~ Term ~pir~s )J~rch 30, ~9-~ -i¸ Z ~.~(jr'~t~e~ C'~4~. I~, 1~3! RODER lek VAN TUYL, P.C, LICENSED ,LAND SURVEYORS GREENPORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL H~ $, NO: .......... :~,~,.~,~. SUF'FOLt( : OF SERV:i~E~ ~ FOR A~PR~VAL Ce~ST~ uc~ ~o N 0 N L V QIBT, SECT:: BLOCK ~o o~ ~ PERMIT PERMIT NO. 10-81-0121 UNDER THE ENVIRONMENTAL CONSERVATION LAW [] ARTICLE 15, (Protection of Water) [] ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Robert Lawless for Mignon LaMorte ADDRESS OF PEI~I~fEE 623 Agar Street, Yonkers, New York 10701 LOCATION OF PROJECT (Section of stream, tidat wetland, dam, building) Peconic Bay, Lot #5, Map of Betxedon Estates DESCRIPTION OF PROJECT Construct a one family dwelling a minimum of 120' landward of tidal wetland boundary and sanitary system a minimum of 100' landward of the tidal wetland boundary. COMMUNITY NAME (City, Town, Village) Southold JTOWN Southold COUNTY Suffolk FIA COMMUNITY NO. J DAM NO. PERMIT EXPIRATION DATE December 31, 1982 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted ~ork shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7: That if future operations by the State of New York require an alteralion in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause, unreasonable obstruction to the free navigation of said waters or flood flows .or endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- ment lo remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may he found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or till and restore the site to its former condition. No claim shall be made against the 5tare of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for oblaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permil is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having 5pecia~ Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. 9s-~o-4 (9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. There shall be no disturbance of vegetation or topography 75' landward of the tidal wetland boundary. PERMIT ISSUE DATE JPERMIT ADMINISTRATOR J ADDRESS I 1 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION Of BUILDING INSPECTOR APPEAL NO. c~. ~'o~ DATE ...,/.x::~/~../.~./.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~,~).~.~.~b.~.....~.....~.t~.0.~.~ .......... of ..b.~..0......&.i.q.....~.~.~. ........................... X3Name of Appellant Street and Number ..... ........................................................................ .......... APPEA' TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...; ....................... .~. ............ : .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ............ Name of Applicant for hermit of ...(~.L~.~.~).~ k ~k...\ ......(..~....~... ...... . .~..0...L. ~ .~...~.....Q .!...~..' ......... . .~.. ~ ~.~......._~ .0...C ~..<m..' ................. Street and Number Municipality ~ate ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...~..:.~:..t,~...t.....P..~..~.,...i?k£.~..1O..~....ff0....O...~J~...c.g.~k..L...~:'......!.~..~.."~-~... ....... Street Use Distr~t on Zoning Map ..~.0z~.r.~.b..~.~...:..q..~ ...... ~..c...~.~.c~.~..~.~c~'~ ' /o¢ -~ r~c~¢ iq?~z- 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.) 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 APPEAL A previous appeal (has)~-~ been made with respect to this decision 4. PREVIOUS 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 ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'o~m ~.~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because "'~CCC..., ~& QO C)"~CC' O-C~CC~C ~ ~-k ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ). COUNTY ss Sworn to this ............................ day Signature .. ~:~z ......... ~ .................... ..1~......~.. ....... NOTARY PUBLIC, State of New york NO. 52-8].25850, Suffolk County Term Expires Nlarch 30. Today's Date: THURSDAY, FEBRUARY 4, 1982 Nlembers Absent, if any: Member Sawicki Appeal No. Agenda Item/~Iatter of: T,~pe or Variance or Appeal: Resolution made by: Seconded by: GCharles rlgoms ( ) ( ) er e ~o~n Robert ~ Gerard ose . Doug~ss ~oenrmger ~awl~l () () () () () () () () Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) %¢ithdrawn without Prejudice ( ) Approve with the followin9 conditions: ) Subject to County Planning referral ) Sub ecl to Plannin9 Board approval ) Subiect to D.E.C. requlations ) Other: Findings of the Board are as follows: "~That this access is deemed to include the approval of access to all lots abutting the above-described streets. Other: ( ) Not %v'itbin the Character of the Neighborhood Variance is Substantial in Relation to Code Not in ha~r, gny ~it~h purposes of the Code Hardship not suf£icient Circumstances are. Not Unique ~ 1~ilI set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote o£the Board: Ayes: ( ) CG ( ) SD N~y: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) ( ) ) Granting the Relief Requested is within spirit of the zoning code ) Relief is not substBntial ) Burden of hardship or difficulty shown ) Circumstances are unique ) Variance will not change character of the neighborhood ) Interests of Justice served by granting ) Othe~ for Special Exceptions () RD ( ) Ga ( ) CS () () () () () () () () (~ SEE ABOVE. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER~ chairman JOSEPH H. SAWICKI February 22, 1982 Mr. John A. Bertani Colonial Road Southold, NY 11971 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the office of the Town Clerk concerning your application. In the event your 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 ~ruly, GPG:lk Enclosure cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, 1.1., N.Y. 1]~?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGERr C~a~ JOSEPH H. SAWlCRI 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 Ortowski, builder for R. & F. Klos Messrs. Robert and Frank Klos APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGERs JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 St'IUTHDLD, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 Chairmen February 8, 1982 Mr. John A. Bertani Colonial Road Southold, NY 11971 Re: Appeal No. 2939 Dear Nrs. LaNorte and Nr. Bertani, Nrs. Nignon S. LaNorte 620 Ely Avenue Pelham, NY 10803 Please be advised bhet the following action was taken at a Regular Meeting of this board held February 4, 1982 concern- lng the above-entitled eppe~l application: RESOLVED, to grant approval of access as applied for in Appeal No. 2939 and SUBJECT TO THE'FOLLOWING CONDITIONS: 1. Such new access road shall have a width of not less than l~ feet Bnd be clsarcd of ell trees, brush end other obstructions to a width of l~ feet. 2. Such new access road shall be improved in either of the following two methods: (a) Surfaced with e minimum deoth of four inches of pecked three-quarter-inch stone blend so ss to afford access for emergency vehicles. Such stone blend may be either applied to the Eround surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches, or (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alter- native oiled with a minimumoof four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Page 2 February 8, 1982 ~r. John A. Bertani Nrs. Nignon S. LaNorte Re, Appeal No. ~939 4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drain- age facilities as may be recormnended by the Town Engineer. ~. That this access road be approved by the Board of ~ppeals, Town Inspector or Town Engineer, or Town Building Inspector, as to meeting the above requirements. 6. That this access is deemed to include the approval of access to all lots abutting the above-described streets, namely Arshamomaque Lane (Avenue) and the subject private road. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon ~s possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. very truly, lfk GERARD P. GOEHRINGER B~y-'Lind s Kowal ski Secretary RESOLVED, that the applicant be ~ranted approval of access pursuant to New York Town Law, Section 280-a as applied for in Appeal No. AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such access road must have a width of not less than 15 feet and be cleared of all trees, brush and other obstruc- tions to a width of 15 feet. 2. Such access road shall be improved in either of the following twq methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-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 blend to a depth of four inches, OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for the construction of any buildings or structures, or 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, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector as to meeting the above requirements. 6. That this access is deemed to include the approval of access to all lots abutting the above-described streets, namely Arshamaque Lane (Avenue) and the subject private road. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of 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, Southold, N.Y., commencing at 7:15 P.M. and as follows: n~m'~"l~tn d Avenue; areel I000- 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 Arshamomaque Avenue, Southold, N.Y.; bounded north by Carney; east by Lewlss/ south by the bay; west by Kohut, Graham, Travers, La- tham and Lewis. County Tax Map Parcel 1000-66-2.44. ~9__P'M' Applic~ion o~F~ ____, elham, N.Y. (By ahn Bertam as agent~-- ~S~ww '~ork Town Law Article 16~ §eetion 5~fi ~. -, ~;,, -- '~_' tion of Property: Right-of Way ~-t~ wes~de'-o~% r sh amo- ~qt~ e A~fiue, sO-thbld,~- N.Y.: b~n~ed ~h~ Lieb- lei,~ eas{ by Lew~;~ Coati ~v ( ~he bay; west by Mohri~ ~ ~merly claus~?). County ~aCM~p Parcel ~:4~ p.M.Apo~eatio ~ Peter and Mary O'Hanlon, 610 South Ninth Street, New Hyde Park, N.Y. 11040 for a Vari- ance to the Zoning Ordinance, A~icle IlL Section 100-31 br permission to constru~ new dwelling with insufficient rear- yard area at 730 Greenway West. Orient, N.Y.; ~unded no~h by Trezzo; east by Stuke; south by Kmetz; west by Greenwav West. County Tax Map Parcel 1~-15-1-20. {Richard Lipman, Esq.) 7:55 P.M. (Recessed Hear- ing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Roa& Mattituck, N.Y. for a Variance to the Zoning Ordi~ nonce, A~icle III, Se~ions I~-30A and 1~-32B for ap- proval of insufficient sideyard areas of existing buildings due to location of new lot lines. ~cation of Prope~y: Oregon Road and Elijah's Lane, Matti- tuck, N.Y.; bounded no~h by No~h Road and Reliable Asso- ciates; west by Elqah's Lane; south by Tuthilh east by Yaboni &ano. County Tax Map Parcel No. 10~-1~-4-6. 8:~ P.M. Application of Robe~ and Frank Klos, Main Road, Cutchogue, N.Y. (Chet Orlowski, Builder) for a Spe- cial Exception to the ~ning Ordinance, A~icle VII, Se~ion 1~-70B(4) for permission mnstru~ addition to principM building in this B-I Zone District at 37570 Main Road, Peconic - Cutchogue, New York; bounded no~h by Main Road; east by Konarski; ~uth by Ho~on; west by Ho~on. County Tax Map Parcel 10~- ~-3-6. Dated: January 14, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer, Chin. By Linda Kowalski, Secretary IT-1/21/82(~ )COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, !has been published in said Long Island Traveler-Watch- 'man once each week for .................... .~ ................... weeks successively, commencing on the ....... .,~...,N. ...................... ~ 9...~.~ Sworn to before me this ................................ day of ................ ................... Notary Public EDITH A. GUY NOTAa¥ PUBLIC, Stale of Ne~ Yell No. 52-4602497 Qualified in Sultoik County ,~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the TOWn of Southold, a Regular Meeting and the following public hearings have been postponed until ~'hursday, February 4, 1982 in 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 Mineota 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, Mattituck, NY; bounded north by Corwin; east by McMahon; sooth 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, Mattituck, NY (by A. Siemerling as agent) for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-34 for Tax Map Parcel 1000-66-2-44. 7:40 p.m. Application of Mienon S. LaMorte. 620 A~enue. Pelham. NY (by John Variance for anDroval of ,access, New York Town Law Lrwation of Pronertv: Riehl- C~tc "' York; Hurton; west by Horton. County Tax Map Parcel 1000- 85-3-6. DATED: January 14,1982. , in said County, BYORDEROF rIMES, a weekly THE SOUTHOLD TOWN BOARDOFAPPEALS ;outhold, County of-Way off the west side of GERARDP. GOEHRINGER, ~d copy that has Arshamomaque Avenue, CHAIRMAN Southold. NY: hounded north ByLindaKowalski, ~ in each week by Lieblein~ east by Lewis~ ,, south by the hay; west by, 1TJ21-3861 Secretary the...~../.,~Y~day Monr, ne t torraerly t;lanser). ~ '~'"~'~ ~ ~.~.~ty Tax Map Parcel 1000- [...., 19....~...-.'~- ............ 7:45 p.m. Application of Peter and Mary O'Ranlon, 610 -. - South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, 'e me this ........... ~f..~ ............... Article III, Section 100-31 for permission to construct new dwelling with insufficient rearyardarea 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. (Richard Lipman, Esq.) 7:65 p.m. (Recessed Hearing). Application of William J. Clark, Esq. for Joseph Yaboni and Myron Rauptman, Middle Road, Mattituck, NY for a Variance :UC, State ot ['Jew York res Ma~ch 30, ~9~ permission to construct to the Zoning Ordinance, inground swimmingpoo] in Article III, Sections 100-30A sideyardareaonacornerlotat and 100-32B for approval of premises located on the corner insufficient sideyard areas of of Grand Avenue and Maple existing buildings due to Lane, Mattituck, NY;bounded location of new lot lines. north by Jemmott; east by Location of Property,: Oregon Young; south by Maple Road and Elijah s Lane, Avenue; west by Grand Mattituck NY; bounded north Avenue; County Tax Map by North Road and Reliable Parcel 1000-107-02-part of 010. Associates; west by Elijah's 7:30 p.m. Application of Lane;southbyTuthill; eastby Richard Mohring, 460 Glen Yaboni&ano. CountyTaxMap ~%~venue, Sea Cliff, NJ (by Parcel No. 1000-100-4-6. ph H. Bruer, Esq.) for a 8:00 p.m. Application of Variance for approval of Robert and Frank Klos Main access, New York Town Law Road, Cutchogue, NY (Chet Article 16, Section 280A. Orlowski, Builder) for a Location of Property: Right- Special Exception to the of-Way off the west side of Zoning Ordinance, Article VII, Arshamomaque Avenue, Section 100-70B(4) for Soutbold, NY; bounded north permission to construct by Carney; east by Lewis; addition to principal building JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS To: From: SUFFOLK~UNTY Southold, L.l.,N.Y. 11971 December 15, 1981 Southold Town Zoning Board o£ Appeals Judith T. Terry, Town Clerk TELEPH()NI'; (516) 765 180l JTT/bn Town Clerk Transmitted herewith is Zoning Appeal No. 2939 application of Mignon S. LaMorte for a variance. Also included is notification to adjoining 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. S~lO~t- EIiVIRO~ ..... htAL ASSESSN£NT FOF, hl j_____~N S T R uCT IOHS: In order [o answer tile questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely ilnp~cts of the action. ][~ is not expected that addit~onaZ studies, research or other ~nvestigat±ons will be undertaken. (b) ~f any question has been answered Yes the p~oject may be significant and o completed EnvZ~onmental Assessment Form is necessary. (c) If oll questions hove been answered Ho it is likely that this project is (dj . not significant. Environmental Assessment i. Will project result in a large physical change to the project site Or physically alter more 'A 46 ' than lO acres OF land? ...... u ~' ~. W~ll therebe o major c~a~ge i;' e' -unusual land form found on the sit~? ..... ~... ~. W±l~ project a~ter or have a ~arge effect ';;; '' existing body of water? ......... i a~ ' 4. Will project have a potentially'ia on groundwater quality? ...................... . 5. Will project significantly effect drainage flow on adjacent sites~ 6. Will project affect any threatened or endangered plant or animal species? .......... ... 7. Will project result in o major adverse on air quality? ............. gA"i2ggz .... " 8. Will project hove a'gaSor or'gAt v character of the community or scenic views vistas known to,be important to the community?. 9. Will project adversely ~mpoct any site or structure of historic, prehistoric or paleontological ~mportonce or any site designated as a c~itica} environmental area by o loca~ agency? ..-.:.-y--ay -. ~-'~ -- ]O. W~ll project have c me,or effect on exLs¢ihg or future recreational opportunities?. 11. Will project result in .major traffic problems oK cause a major effect to ex-isling transportation systems? ....................... 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os a resul[ of the project's operolion? ....... : ......... l~. W~ll project hg;e aA>, i~pggi oR ~g~iic or.safety? .................................... . 1~. Will p~oject affect the existing community by directly causing a growlh in permanent population of more than 5 perce~t over a one year period o__r hove o major negative effect on the character of the community or neighborhood? ................................. 15. Is [here public con[roversy concerning the project? ...................................... YesX Nc~ Y.e ~..~/N p , Yes XNq ' ' _ Yes-~No . :Yes'/~/No Yes..~o Yes./~No Yes,~No' yes/Z~/No' YesXNo Yes ~/No Yes~__No (Today's Da~e) To: Sout!:old Town Board of Appeals Main Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: ~o~i ~, ,~, Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 [,:YCRR, PaLt 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; boY,ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] 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. [ ] 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.] Sincerely yours, ( ~ i g n a t u -'-'-'-'-'-'-'-'-~ e ~lease) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the~oa~d of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~Variance~ (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of th_e Petition is located adjacent3o your property and is des- cribed as follows: I~'~' '~0~0~c. ~ f'~×Cc'~*v~ ~x~"~ 3. That the property whi~.~ i_s the subject of such Petition is located in the following zoning district:f 4. That by such Petition, the undersigned will request the following relief: CL_(~(' ¢ &.~ ~ ) O~ ~ ~ 5. That the provisions of the ~J~c~:~..z!~- ~ewn Ze.-.!~g Codr applicable to the relief sought by the under- signed are JLr.~ Sect~c~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. PetitioLJner Po~st Office Address ~lon~ ~d..) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~.'.. ~ .~ I~ - ~[~'~ * :' . b~ng duly s~r~, depots and ~ys that on the ~day of ~ ~ ~ '~Ld~' ' , lg ~,~on~nt mailed a true Copy of the Notice set forth ~e- ve~e side hereof, d~r~ted to ~ch of ~e ~d ~mons at the addres~ set opposite thor respective name; that the addre~es mt opp~ite t~'na~ ~id ~ns are the addr~ses of said persons as shown on the current a~ent ro~of the ~own.of,~tH~d; t, hat ~id Notic~ were mailed at the United States Post Of- rice at ~... (I ~ ~ I ~ ,~J ~, ~. , that ~id Notic~ were mailed to each of ~id persons by (certified) (registered) ~ai~ - I* - ~' Sworn to before me this /~..:~'L~ da~.y._of ~_.)~,.- ,- ,v~_-_~ ~ 19 No~ry Public ELI~ ~N N~I~ NOTARY PUBLI& ~e ~ N~ No. 52-812~, ~ff~k Te~ ~pi~ March ~, iEREBY Section ' and the .mended .outhold, and the ings will ,Id Town lhe Town ,outhold, nuary 14, ~:15 p.m., :ation of gr: 3605 Road, arianceto e, Article ~r permis- :e exceed- along the 05 Camp :uck, NY; twin; east y the bay; , Corwin; rcel 1000- :ation of 15 Maple Y (by A. t) for a ag Ordin- :ions 100- nission to wimming :aa on a located Avenue 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 Mohrinl~, 460 Glen Cove Avenue, Sea Cliff, NJ (by Rudolph Il. Bruer, Esq.) for a Variance for approval of access, New York Town'Law Article 16, Section 280A. Locatldn 6f 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 Latham and Lewis. County Tax Map Parcel ~'-7:40 p.m. Application of Mi_onnn g. 1.aMnrte: 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, Southold, NY; bounded north by Lieblein; east by Lewis; south by the bay; west by Mohring (formerly Clauser). County Tax Map Parcel 1000- ,66-2-45. - 7:45 p.m. Application of Peter and Mary O'14anloi1, · 610 South Nintl{ Street, New Hyde Park, NY 11040 for a Variapce to the Zoning .ttituck, Ordinance, Article III, Section rth by' 100-31 for permission to e__n OnStruct new dwelling with Dated:~zmber31, 1981. sufficient rearyard area at 730 BY ORDER OF Greenway West, Or ent, NY; THESOUTHOLDTOWN bounded north by Trezzo; east BOARDOFAPPEALS by Stuke; south by Kmetz; west ITJ7-3843 by Greenway West. County Tax Map Parcel 1000-15 - 1-20. 7~55 p.m. (Recessed ~...~.~..y....~.~..o. ........................... of Greenpert, in raid County, Hearing). Application of William J. Clark, Esq. for Joseph Yahoni and Myrnn ~ Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II1, 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; me this .......... .7...~.~, ........................ eastTax bYMapYaboniparcel &No.an°'1000-100-C°unty ~.~..&...~. ............ 19....8...2.' .............................. 4-6. a representative of THE SUFFOLK TIMES, a weekly lished at Greenport, in the Town of Southold, County of New York, and annexed is a printed copy that has published in said newspaper once in each week #eek(s) successively, commencing the...~.~., day ........... 19.....8...2. ................ 8:00 p.m. Application of Robert and Frank Klns Main Road, Cutchogue, NY (Chet P£ ¥0£ Orlowski, Builder) for a Special tare 0t New Exception to the Zoning Ordinance, Article VII, Section etf01k County 100-70B(4) .for permission to ,tct~ 30, constr~$ct addition to principal building in this B-1 Zone District at 37570 Main Road, Peconic-Cutchogue, New York; bounded north by Main Road; east by Konarski; south by Horton; wesf by Horton. County Tax Map .Parcel 1000- · 85-3-6. GIVEN, pursu nt 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 $outhold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, January 14, 1982~.cg~m~ncing at 7 15 P.M as roi ows 7:1~ P.M. Application of Joseph D. Posillico, Sr., 3605 Camp Mineola Road, Matti- tuck, NY for a Variance to the Zoning Ordinance, Artic{e Ill, Section 100-35 for permissio~ to construct fence exceeding 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 Purcell 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 llI, 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 corne~., of Grand Avenue and Maple Lane, Mattituck, NY; bounded. north by Jemmott; east by Young; south by Maple Ave; uue; 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: thom and Lewis. County T~x Mignon S. LaMorte, 620 Ely CUUNI Y U~ bU~UL~ STATE OF NI:'W YOW: Patricia Wood, being duly sworn, says thot 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- man once each week for .................. .X. .................... weeks successively, commencing on the -~ ............... , 7:45 P.M. Application ot Peter and Mary O'Hanlon, 6lQ/ South Ninth Street, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Article IlI, Section 100-31 for permission to construct new dwelling with insufficient rear- yard area at 73.0 Greenway West, Orient, NY; bounded north by Trezzo; east by $tuke; south by Kmetz; west by Greenway West. County Tax Map Parcel 1000-15-1-20. 7:55 P.M. (Recessed Hear- ing). Application of William Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article IlL Sections 100-30A and 100-3215 for 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 Yaboni and uno. County Tax Map Parcel No. 1000-100-4.6. 8:00 P.M. Application of Robert and Frank Klos Main Road, Cutchogue, NY (Chet' Orlowski, Builder) for a Spe-' cial Exception to the Zoning Ordinane. Art/cie VIII, Section. 100-70B(4) for permission to construct addition to principal ito before me this .......... ..~...~.. ............. day of ............ , 19..~.'~ CLEMENT J. THO.~PSON ~'A~ PU~UC, State of New t~ 52-9321725 building n this B Zone Avenue, Pelham, NY (by John District a ........ ~ Bertani as agent) for a Vari- p '~ o*a*u Ma~-Raa.cl, econic . Cutcho ue, New ance for approval of access, York, bou g New York Town Law Article ,. ,' nded north by Main aoao; east by Konarski; south 16, Section 280A. Location of by Horton e Property:Right-of-Wayoffthe Cou ; w st by Horton. west side of Arshamomaque 85 nty Tax Map Parcel 1000- Avenue, Southold,. N.Y! Da'~'d6[ D cember 3 i, 1981 bounded no:~h' by Llebleln, ..'.~.. SyOrderofthe ea~ by Lewis, south by the , -, ~ . APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE TO APPLICANTS AND/OR THEIR AGENTS Please find enclosed copy of the legal notice pertaining to your hearing. The date of the hearing has been changed to January 14th. One o£ the offices of the local and official newspapers was dosed 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 I SEE SEC NO 056 MATCR ~ LINE M~T_C ~ L~ N E ._ F~OR pARCEL NO EE SEC NO 056-05 8.1A(¢1 2 .IA Pe#y's SEE SEC. NO. 065 SEE SEC, NO 155