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HomeMy WebLinkAbout2970 T Baard Appea s MAIN RE}AD- STATE ROAD :25 SOUTHOLD, L.I., N.Y. 1~Jc~71 TEL~:PHONE (516 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2970 Application Dated April 1, TO: · Rudolph H. Bruer, Esq. ..... Main Road -~. Southold, NY 11971 1982 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section Request for The public hearing on this matter was held on June 17, 1982. Upon application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Sec- tion 280a. Location of Proper~y: 400 feet easterly of Mill Road, Mattituck bounded north by Bungalow La~e; west by Private Right-of-Way, Janis and others; south by Private Right-of-Way; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. The board made the following findings and determination: By this appeal, appellant seers approval of access over a private right-of-way: (1) extending up to approximately 860 feet easterly from Mill Road and known as Bungalow Lane (or Miller's Road) and approximately 25 feet in width; (2] extending southerly from Bungalow Lane [supra] approximately 457 feet and referred to as "Young's Right-of-way"; (3) extending again easterly from "Young's Right-of-Way" approximately 464.06 feet (to the southeast corner of Parcel 4 in this proposed subdivision). Upon inspection of the rights-of-way in question, the board finds right-of-way (1), supra, to be in excellent condition and of adequate width. The board also finds rights-of-way (2) and (3), supra, ~o be in fair condition and a fair width, and that drainage facilities should be constructed within the subdivision to preven~ the existing flooding problems along the areas of right-of-way (3), supra. in considering this appeal, the board detezvaines that the variance request ~s not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substan~!al detriment to adjoining properties would be created-; that ~he 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 and as specified below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2970, application for JAMES MANES for approval of access to four parcels in his proposed subdivision located on private roads off Mill Road, Mattituck, be and hereby IS APPROVED DATED: July 16, 1982. CHAIRMAN, SOUTNOLD TOWN ZB~ OF APPEALS Form (rev. 12/81)~.~L /~L~ ~ ~-~ ZONING BOARD Page 2 - Appeal No. 2970 Matter of James Manos Decision Rendered July 8, 1982' SUBJECT TO THE FOLLOWING CONDITIONS: t. That the access road (1) ~xtending 860 feet easterly from Mill Road, known as Bungalow Lane or Miller's Road be maintained in good condition as presently exists. This access road (1) shall not be required to be improved at this time. 2. That access roads (2) and (3), supra, shall be improved in the following method: Surfaced with a minimum depth of mwo 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 sur- face and shaDed~ or the surface may be excavated to permit the applica- tion of packed blend to a depth of two inches; 3. No certificate cf occupancy shall be issued for the construc- nion of any buildings or s~rucmures, or for vacant land, or for any existing buildings or s~ructures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with; 4. That a minimum of three leeching basins shall be installed within proposed Subdivision Lots No. 3 and 4 in low areas to eliminate water runoff; at 5. That these all times in good access roads and le~ching basins must be maintained satisfactory condition as stipulated above; 6. That the above requirements be inspected by the Town Engineer as to compliance. Location of Property: Private Roads extending easterly and thence southerly from Mill Road, Mattituck~ NY; Parcel In Question being known as Suffolk County Tax Map District 1000, Section 113, Block 6, Lot 14. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPROX' ED- ---~ha~rma~ ~oard of Appeak~" -P CE!VED AND FILED BY T= SOUTHOLD TOWN C[-~[~< Town C!~rk, Totem o~ Southoid APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GR1GON~S, JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H.S~W!CKI MAIN EI3AD-STATE E[3AD of Appeals 25 SDL!THDLD. L.I.. N.Y, 11971 TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m. Application of Bouton Services Inc., for JOHN J. BOGERT, Pox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exceeding the heiqht limitation for accessory structures. Location of Property: Private Road, isa- bella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for permisslon to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stil!water Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Ave.~ Kiernan, Annabel; west by Stillwater ~ south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. ~®plication of JOSEPH W. HAWKINS, 7085 Horton Laner Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct windmill exceeding the height limitations for accessory structures. Location of Property: 7085 Horton Lane, Southold, NY; bounded north by Horton Lane; east by Sheffield; s~uth by Kr~mer & Kempner; wes~ by Booth and others; C~unty Tax Map Parce~ No. ~1000-54-7-1.004. Page 2 Legal Notice of Hear±~s Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:20 p.m. Application of MIRIAM BATSON, 443 Main Street, Greenport, NY for a Variance ~o the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application o~ SERPENTINE REAL ESTATE CORP., 695 DiEIlen Lane, Elmonts NY (by Gary ~lanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to have dwelling (converted from a barn) with an insufficient sideyard setback, at 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; wes~ by Gradowski; south and easm by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street~ NY, NY 10024 (by Norman Addy) for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory building in the sideyard area at 3400 Ole Jule Lane, Mattituck; bounded north by Wood; west by Canal; south by Kimmins; east by Ole Ju!e Lane; County Tax Map Parcel No. 100G-122-4-20. 7:40 p.m. Application of GERARD GALLi~NO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area am 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-35 for permission to construct 6'-high fence zn the frontyard (which would exceed the 4' height limita- tion) at 1520 Donna Drzve, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance~ Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Lane, Greenport; bounded north by Mellas and Ahaesy; east by Romem; south by Dinizio; west by Sunse~ Lane; County Tax Map Parcel No. 1000-33-4-63. Page 3 Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwln, Esq.~ 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, _Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski~ eas~ by Pontino & ano.; south by Marco; west by Sku~k Lane; County Tax Map Parcel No. 1000- 97-9-10.1. 8:10 p.m. Application of ELWOOD-AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130~ County Tax Map Parcel No. 1000-104-4-1. 8:15 p.m. Application of ~AYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels a5 the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others~ west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance ~o the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay;. east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of J~ES _~ANOS, by Rudolph H. Bruer,~ Esq., Main Road, Southold, NY for a Variance for Approval of /  ccAss, New York Town Law, Section 280a. Location of Property: ~ GOO feet easterly of Mill Road, Mattituck; bounded north by ~ Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, Wick and others; east by Boechman ~ and others; County Tax Map Parcel NO. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK B~K & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article Vii, Sec%ion 100-71 for permis- sion to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map,Parcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Page 4 Legal Notice of Hearings Regular Meeting for June 17, 1982 Southold Town Board of Appeals Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-1. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. 9:30 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esskes, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance tO the Zoning Ordinance, Article IX, Section 100-90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora, Ketch~m and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGERi r CNAi~4AN By Linda Kowaiski, Secretary Instructions to newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ..~ .... ~..-~.. .... ~. .......... ... n~.-.*:,~ .... ./:..~.~7.....~..:~ ~, pLEAsE TAKE NOTICE that your~ Sated .............. .~......~. .... 19,6~....~ for ~st.mct~ ......... ..~.~,.._~.~V~c~. ~....~.., .~.§:q ~ .................. at Location of,roperty ~.0.~ ~.,.. ~ i.~..~.'.. ~ ~ ............ ~..~.g .... House No, Street Hamlet County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . . t .... .~..~.....'~.,. ............. ~ .0: .s..,..¢.-..~.:c .-~.... ~.. ~..~..~..~.... ~.. ~....~:.-~. ~... ~...~.~... ~ .... .~..~.~,..~...~..!~..~... ~..~....~- ./~..~.d.~...~....~..~.-¢~... .... , .~.....~.~.,7..~... :.~....~. :....: Building Inspector TOWN OF $OUT~IOLD, NEW YORI~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (we)....J ................................. of ...... ......................... Name of Appellon.t Street and Number .................. .,g.~o,,o,..k,.1.,y,.~ ........................................................... ..~.:...~..'t. ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED z.=~ ..... 1982 wHEREBY THE BUILDING INSPECTOR DENIED TO ............................. Name of Applicant for permit of Main Road, e .... ~ -~ ,~ Street and Numoer Municipaiity State ( ) PERMIT TO USE ~ ) PERMIT FOR OCCUPANCY (X) PERMIT TO BUILD ~4/Igi~-~et ea~t~lv o~ ~, ,, /~ . l. LOCATION OF THE PROPERTV~..z.~,%._~9~a..:...9..a..g~%~..~.~..~. ................... A.,Z...~.e..~.:/...&..g..~.~r. Street Use District on Zoning Map Map No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Articte Section, Sub- section OhO Paragraph of the Zoning Ordinance b~, number. Do not quote the Ordinance.) I~.Y.S. Town Law Artzcle 16, Section 280A, Subsection 3 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE rorne Zoning Ordinance or Zoning M'ap A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons Laws Art. i6 Sec. 280A Subsection 3 of the BuiJdmg nspecTor or with respect to t~lS property, Such appeat was ( request Tot a speciat permit ~ ) reques~ for a variance aha was maae in /~ppeai INa ................................ Dated ....... PREVIOUS APPEAL A prevtous appeal (has) (has not) oeen maae with respect to this fJecision REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to me Zoning Oramance ~s requesrea for the reason that Appellant needs approved access to the lots created mn proposed minor subdivision of this property. four (Continue on other side) REASON FOR APPEAL Continued J. STRICT APPLICATION OF THE ORDINANCE wauld produce practicaldifficuitiesarunnece~ sary HARDSHiPbecause Appellant, and any successor in interest to Appellant, would be unable to obtain a building permit for any one of the four lots shown on the aL~ached survey. 2 The hardship crea~ee is UNIQUE and is net snares ey aH properties alike in the immediate v,cm~ry of this property and in ,,'his use district because the ad3oznzng properties, having buildings thereon, either Obtained approval of access by way of a variance or by virtue of pre-existing use, as I assume they are all valid buildings under the town ordinance. 3. Ti~e Variance would observe-the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRiCT because Appellant needs approval o£ access ~o service these lots pursuant to Section 280A Subsection 3 Of TOwn Law, and,as stated above, building permits will ncc be issued without th~ approved access. The character of the district will not be changed by the granting of this variance. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Sworn zo this day of ........... ~ ........................... ~9 82 . .................................... April 2, 1982 Mr. George Fisher Building Inspector Town of $outhold Main Road Southold, New York 11971 Re : James Manos Dear Mr. Fisher: We enclose herein a copy of your March 8, 1982 letter addressed to the Southold Town Planning Board in connection with Mr. Manos' property in Mattituck. We have, under advise of the Planning Board, filed a variance application with the Zoning Board of Appeals for approval of access. The ZBA informs us that they will require a formal Notice of Dis- approval from the Building Department. We request that you issue same so that we may amend our application. Thank you for your cooperation in this matter. ~~p~h ~." ~ Bruer RHB/df Enc. TOWN OF $OUTIIOLD OFFICE OF BUILDING INSPEC~fOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCHI August 2, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2970 - James Manos Dear Mr. Bruer: This letter will confirm that the following action was taken by the Board of Appeals at a Regular Meeting held last Thursday, July 29, 1982 concerning the above application: RESOLVED, to rescind this board's decision rendered July 8, 1982 in the matter of James Manos, Appeal No. 2970, and be it further RESOLVED, that Appeal No. 2970, application of James Manos be and hereby is WITHDRAWN WITHOUT PREJUDICE as requested by Rudolph H. Bruer, Esq. on July 29, 1982. It is our understanding that a new application will be filed indicating different access to proposed Subdivision Lot No. Please don't hesitate to call our office if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda F. Kowalski, Building Department Secretary July 29, 1982 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal no. 2970 James Manos Dear Mr. Goehringe~: This letter is a formal request to you and the Zoning Board of Appeals for a redetermining of the above matter, and a reconsideration of your determination dated July 16, 1982. The aforementioned determination was filed in the Town Clerk's Office on July 20, 1982. Your authorization to grant this request falls under Section 267, subsection (6) of the Town Law. In addition, on this day, I discussed this matter with Robert W. Tasker, Esq., Town Attorney, and he agreed that by way of a letter to the Zoning Board of Appeals this matter can be withdrawn and we can start from scratch. We would appreciate hearing from you as soon as possible. RHB/df ce: The Honorable James Manos Men~andum from.... $outhold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: · Date: A~hed b a copy of the ~ fox J~moo i~moa, ami the outlined kn re~. Apparently m~w they a~e not ~ with of ~M rl~ts~f~ay, ~ pln ~ ~t ~ ~s ~Idiag a ho~i~ on ~ ~V~ attached m photocl~klm fr~ o~r file. '1 ~ I'lAY 5 1982 DATE '~? NIAIN ~OAD- STATE F~OAD 25 ~OUTHOLD. L.I.o N.Y. llg?l TELEPHONE (516) 765-1809 July 20, 1982 To: Rudolph H. Bruer Main Road Southold, NY 11971 Re: Appeal No. 2970 James Manes Dear Sir or Madam: Attached herewith is a copy of the formal findings and ......... at,on recently rendered and filed this date with the O£fLce 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 an'.' new construction, or for a certificate of occupancy of tko 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 765-1202. Yours very u~uly, LC Enclosure Copy of Decision to Building Department GERARD p. CHAIP~MAN By Linda GOEHRINGER Kowalski, Secretary Gerard P. Goerhringer, Chairman Southold Towu Board of Appeals Repart No. 227 John Davis C O~.~,!EN TS: Roads Appesl No. 2970 ~tter of James Manos Date: ( }iinar Subdivision) June 25 & 26, 1982 ~he main entrance to this subdivision from Fall Road is on ~ller's Road and will be on about 250 ft. of 36 ft. width asphalt pavement in the Jackson Landing Subdivision. At the end of the wide pavement, Miller's Road becomes a narr~ one way asphalt pavement aoproximately 10 ft. in width. ~here is one turnout for passing along the },hunos property f~ontage. ~his section of the road is in good condition to the easterly limit of sub divi si on. ~ne roa. d on the west side of the properties (Young's R.O.W.) /s also om way for a width of lO ft.*~ and has some minor depressions and surface breaks. It appears that stone chips were used at some time far stabilization, this road is in only fair condition. The road on the south side of the subdiv-~sion and others, (Molbrook Lane), is one way with a width of 8 ft.~ It has some stabilization with stone chi~s and other material. ~his road is also in only fair condit/on. Road Recommendations ~he above roads with the exception of Miller's Road at this tim~ are generally acceptable for present amount of light traffic. Mowever, I would reoo~aend that Young's R.O.W. ard Holbrook Lane be updated with a 2" course of stone blend for their respective widths. ~hergency vehicles will have to make T turrs in owner's drivewa~ to exit from the subdivisi on. Drainage Problem I went over this matter with ~r. E. Jahn who is a prop~r owner adjacent to ~he proposed Manc~ ~bdi~-lsion and Mr. A. Pitre, a nearby resident who warn also familiar with the sitna- tion. Heavy rain runoff from the area, now Lots Ncs. 1,2,3 and 4, goes to a low area on the north side of Holbrook Lane. Water ponds there as the Holbrook Lane Road is higher at this point. ~he low area is on the Jahn property and also in Lot No. 4 of the sub- division. (Note contour 15 on the Van ~hyl I4~p). '~ the rainfall is excessive, *ne low area floods and overflows the road. ~he ranoff continues toward the inlet between Lots Nos. 8 and 9. Uhese lots have frontage on the south side of Holbrook Lane and flooding has hanoened there, I was shown evidence of such oc~arrences. According to ~k'. Jahn, ~he f~ooding situation started at least lO years ago ~ud may be de to clearing on both sides of t~olbrook Lane. At one time the above-mentioned low area was wooded. With the con- struction of houses, clearing and landscape work in the subdivision lots, the amount of r~moff will be greater and increase the flooding situation. Provided that the subsoil in the s~bdivision lots is sard and gravel (should be checked by test pits), the runoff to Holbrook Lane could be reduced by installing leaching basins or small Type B recharge basins near the south ends of Lots Nos. l, 2 and 3. Also~ a medium size TYpe B recharge basin could be installed in the la~ area at Lot No. 4 if the ground water there is not too high. ~here is no easy solution to this drainage problem. Southold Town Board of Appeals MAIN R[3AD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS 8OARD MEMBERS GERARD P. COEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Mr. John W. Davis Sterling Road Cutchogue, NY 11935 June 21, 1982 Re: Appeal No. 2970 Matter of James Manos Dear Mr. Davis: Last Thursday, testimony was taken at a public hearing held before the Board of Appeals concerning the application for James Manos for approval of access over a private right- of-way (known as Miller's Road or Bungalow Lane), beginning at a point 400 feet east of Mill Road, Mattituck, and extending the full length and depth of the property in question and as shown on the attached subdivision map outlined in "red." During the hearing, testimony was given that there is a poor drainage area upon the road which apparently causes flooding onto the abutting parcels. Your inspection and recommendations are requested. We are also enclosing a copy of the Suffolk County Tax Map for your reference. If you have any questions, please don't hesitate to stop by our office or call. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Enclosures Secretary HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. P I~?N IN~B(~t~R D S ~FQ EKCO !.i~.TY $ou~hold, N.Y. 11071 TELEPHONE 765- 1938 June 17, 1982 Mr. Rudolph Bruer Attorney at Law Main Road Southold, New York 11971 Re: James Manos Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Tuesday, June 15, 1982. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of James Manos, located at Mattituck, dated July 1, 1981 and amended April 29, 1982 and a restrictive covenant to be placed on this property. Prior to our scheduling a public hearing, kindly forward the filing fee in the amount of $100 and three (3) copies of the final map to this office as soon as possible. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By S6san E. Long, Secretary May 18, 1982 Gerard P. goehringer, Chairman Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Dear Gerry: Re: Appeal No. 2970 - James Manos In response to your letter of April 3, 1982 (a copy of which is enclosed), wherein you request documentation of legal access over Miller's Right-of-Way to Mill Road, we submit the following: 1. Copy of letter addressed to this office by the Title Guarantee Company, dated May 14, 1982, clearly setting forth Mr. Mano's right of access over Miller's Right-of-Way. 2. Copy of map entitled "Map of Selah Young Estate, No. 1", filed in the Office of the Clerk of Suffolk County on September 23, 1907 as Map No. 345, referred to in the above letter. Please advise us when this matter will next appear on your meeting agenda. PJ~B/df Encs. H. Bruer TITLE GUARANTEE- NEW YORK Edson & Bruer, Esqs. ATT: Rudolph Bruer, Esq. Main Rd. Southold, NY 11971 May 14, 1982 Re: Title No. T1282-0987(1207831) Manos - "Miller's Right of Way" Dear Mr. Bruer: Please be advised that the "Manos" property insured under 1207831 is a portion of premises shown on a cer- tain map entitled "Map of Selah Young Estate, No. 1", filed in the Office of the Clerk of Suffolk County on Sept. 23, 1907 under Map No. 345. "Miller's Right of Way" is shown on this filed map. Therefore, by reason of the fact that subject prem- ises abuts Miller's Right of Way, and both are a part of said Map NO. 345, there is insurable access out to Mill Ro~d. Please also [tote that Policy 1207831 does insure access, by r(~ason of its terms. Enclosed please find a copy of Map No. 345. Thank you ~or letting us be of service to you. Very truly yours, Hu~h Brown Title Officer HAB: da /he Title Guarantee Company 400 West Main Street Riverhead, New York 11901 516 727 2300 ~: ~OT/dOLD TOWN 'BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended' Code of the Town of Southold, the following matters will be held for public hearings by the 5outhold Town Board of. Appeals at the Town Hall, Main Road, Southold, N.Y.on . Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: 7:00 p.m. Application of Bouton Services, Inc., for John ~'-&-nd C~edar Birch Road; south nt by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 8m23,26. - :45 p.m. Application es Manos, by Rudolph II. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of PropertT: 400 feet easterly of Mill Road, Matti- tuck; bounded north by Bun- galow Lane; west by Right-of-Way, Janis and others; south by Private Right-of-Way, Wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14; k,.. 9:00 p.m. Application of North Fork Bank & Trust Co., by Abigail A. Wiclraham, Esq. Box 1424, Mattituck, NY.for a Variance to the Zoning Ordi-' nance, Article VII, Section 100-71 for permission to construct drive-in banking: facility with canopy extending. into the frontyard area. Loca- tion: Mattituck Shopping Cen- ter, Main Road, Mattituck; County Tax Map Parcel No. 1000.142-1-26. ./1, 9:05 p.m. Application o~e~ Solwin Industries, Inc., c/o Esseks, Heifer, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance. Article IX. Section 100-90A for a windmill farm to be located on premises zoned C-1. Location of Proper-- ty: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Asso- ciation; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14. and 15. ' 9:30 p.m. Application of Solwin Industries, Inc., c/o Esseks, Heifer, Cuddy and Angel. Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- nance, Article IX, Section 100.90 and Article VIII, Section 100-80 for: (a) permis- sion to construct towers exceeding the height limita- .tion of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "Windmill farm" is a permit- ted industrial use in this zone, Location of Property: Off the north side of Main Road, East' Marion; bounded north by Tomias and East Marion Memorial Association; west by~ COUNTY OF SUFFOLK STATE OF NEW YORK Pctricia 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- m3n once each week for / ........................................ weeks successively, commencing on the day o~ ~"-~-1o ~'"b.. ' ": .......................... Sworn fore me this /d) c~ . day of ..... ~'. ,~ ~- 10 0~ 'l-~' ,,~,..L.~E_GAL NOTICE .. GERARD GALLIANO, 2125 Par~.ol ~,, ,,~,~;,Y,o ~ ,, ap is REREBY Pine Tree Road, Cutchog.e, of GIVEN, pursuant to Section 267 of the Town Law and thb Provisions of the Amended Code of the Town of Southold, the following matters will be shelq.fo.r pu._blic hearings by the outnoioTown Board of Ap- peals at thc Town Hall, Main Road, Southold, NY on Thurs- day, June 17, I!~2 commenc- ing at 7: 00 p.m. and as follow:. 7:00 p.m Application of iBouton Services Inc., for /JOHN J. BOGERT, Fox and ! Crescent Avenue, Fishers Is- / land NY for a Variance to the , Zoning Ordinance, Article Iii, Section 100-32 for permission n to erect antenna tower exc~ lng the height limitation for accessory structures. Location of Property: Private I Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10.6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 357il Minnehaba Boulevard, South- old, NY for a Variance to the ~ Zoning Ordinance, Article III : Section 100-31 for perm ssion to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Min- nehaha Boulevard, Southold;. bounded north by Laughing Waters; west by Tschiember; .l~ south by Minnehaha Boules, yard; east by Young; County Tax Map No. 10004~7-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stil]wator Avenue, Cutchogue, NY for a Variance to the Zon- ing Ordinance, Article III, Section 100-31 for approval of insufficient road frOntage of one parcel proposed in a two- lot division of property located at Stillwater Avenue, Cut- NY for a Variance to the Zoning Ordinance, Art/cie III, Section 100~32 for permissioh to construct garage in the frnntyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. I179 Lot N0 19 County Tax Map Parcel No. 1000-98.1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 .Donna Drive Mattituck, Ny ,i [ora Variance to the Zoning,! Ordinance, Article Iii, Section 100-35 for Permission to con- struct 6'-high fence in the frontyard (which would exceed the: 4' height limitation) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision. Fried Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115.15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greonpart, Ny for a Variance to the Zoning Ordinance, Art- icle III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback,/ at 46 Sunset Lane, Greonport; bounded north by Mellas and Ahaesy; east by Romei; south by Dinizin; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. 7:55 p.m. Application of PETER KUJAWSKI. by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town NORTH FORK BANK & Chogue, NY; bounded north by Stillwator Ave., Kiernan, An- nabel; west by Stitiwater Rd.; south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of JOSEPH W. HAWKINS, 7085~.~ Horton Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to con- struct windmill exceeding the height limitations for ac- cessory structures· Location of Property: 7085 Horton Lane, Southold, NY; bounded north by Horinn Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; County Tax Map Parcel No. 1000-54-7-1.004. 7:20 p.m, Application of lllRIAM BATSON, 443 Main ~treet, Greenport, NY for a ~'ariance to the Zoning Ordi- ~unce, Article III, Section 100- I for permission to construct~ ~n addition to existing lwelling with a reduction in 'earyard setback at Bayview )rive, East Marion; more ,articularly known as ]-ardiners Bay Estates Filed {ap No. 275, Lots 123 and 124; 'ounty Tax Map Parcel No. ~00-37-4.3. 7:30 p.m. Applicaton of ERPENTINE REAL ES- ATE CORP., 695 DiEllen ane, Elmont, NY (by Gary lanner Olsen, Esq.) for a anance to the Zoning rdinance, Article III, Sec- )n 100-31 for perm!ssion to Ire dwelling (converted om a barn) with an insuf. ~'ient sideyard setback a~]v 300 Main Road, Peconic ear Southold); bounded rth by Main Road. Cappa d Terry; west by · adowski; south and east by ppe; County Tax Map rcel No. 1000-75-6-9.2. ~:35 p.m. Application of~ Law, Section .280a for Approval of Access. Location of Property: 3275 Skunk Lane, _ BCutch. ogue; bounded north bye, ay Homes Subdivision, Kujawski; east by Pentino & ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000-97-9-10.1. 8:10 p.m. Application of EL- WOOD AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cut- chogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-10~/)~,~ 4-1. 8:15 p.m. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance 'to the Zoning Ordinance, Article III, .Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road,, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcd No. 1000-141- 1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main,.. Road, Cutchogun, NY for a Variance to the Zoni, ng Ordinance, Article'III, Sect/os 100.31 for approval of insufficient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; West by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County ~T.a.~x .Ma_p_ Parcels .No. !000-15, TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Art- icle VII, Section 100-71 for .permission to construct drive- m banking facility with canopy extending into the frontyard area. Location:/. ..... being duly Sworn, Matt/tuck Shopping Center, Main Road, Mattituck; Coun- blisher o! the SUFFOLK ty Tax Map Parcel No. 1000- 142-1-26. hod ~tt Greenport. in said 9:05 p.m. Application of' SOLWIN INDUSTRIES, INC., the a,-~exed is ~t printed c/o Esscks, HeRer, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-I. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and ........................ East Marion War Memorial Association; west by Koch and ,~ ~ ' ' ~t~ers; south by Begoea and ]~ tcham and others; east b~" Parcels No. 1000-22-3.11, 12, 14 ............ and 15. 9:30 p.m. Application of SOl,WIN INDUSTRIES, INC., c/o Esseks, Hefter, Coddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- nance, Article IX, Section 100- 90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding the.height limitation of the zoning code and (b) an interpretation of Section 100- 90A to the effect that /i "windmill farm" is a permitted industrial use this zone. Location Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Bogota, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, 1TJ10-3980 Secretary Suffolk Weekly/ Times ................ weeks 10th Copies to the foll g on or about June 8, Suffolk Times, Inc. L.I. Traveler, Inc. Hand Deliveries 6/8/82. Bouton Services,~Inc. (for John J. Bogert), Box 506, F.I. 06390 Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd, Southold Mr. Vincent W. Annabel, Stillwater Ave., Cutchogue Mr. Joseph W. Hawkins, 7085 Horton Lane, Southold Mrs. Miriam Batso~°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Estate Corp. Main Road, Mattituck Serpentine Real Estate Corp., 695 DiEllen La., Elmont, NY //~o~ NORMAN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib, 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries~ 108 East Main St., Riverhead 11901 Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members Southold Town Board of Appeals ~~'1982 ENVIROMENTAL DECLARATION: Appeal No. 2970. Application of JAMEs MANOS. Variance for approval of access over a private r-o-w% On motion by Mr. it was RESOLVED, to declare the folloWing Negative Environmental Declaration concerning the matter of ~ ENVIRONMENTAL DECLARATION: Department of Pursuant to Section 617.13 of the N.Y.S. 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 environment for the following reason(s): An Environmental Assessment in the Sho submitted which ind~=~- ~ ...... rt Form has been w~re £1Ke£y to occur should thzs pro3ect be im lemente planned. P d as 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: Mattituck, NY. 400 feet easterly of Milt Road, Vote of the Board: Ayes: M~ssrs. Donjon- ~-,-',---~ ..... , ~g. (18) 3/22/82 Discussion being closed, Mr. Raynor thanked everyone for their input. Mrs. Judith Schnieder approached the bench to advise the board that prior to this proposal, the applicant offered to purchase half of her business property for the same amount she paid for the entire parcel. She stated that because she did not want to see such a proposal in $outhold, she declined the offer. Zaino - Rudolph Bruer, Esq. met with the board to discuss this sub- division. Mr. Raynor stated the maps should be referred to the Superin- tendent of Highways for approval on the road layout. The board did not anticipate any problems. Mr. Bruer stated that the applicants have already spent too much time and money on this subdivision and he did not think they would consider giving money to the town in lieu of park and playground area. .Manos - Rudolph Bruer, Esq. stated he would apply to the Zoning Board o-~--~ppeals for a 280-A on this subdivision for access to lots 1,2,3, &4. ,He stated he would rather do this than put an access road through lots two and three. The board requested that he amend the maps eliminating~ the flag lot. Hill Crest Estates - Mr. Harold Reese was informed that this subdivision is scheduled for a preliminary hearing on April 12, 1982. Harbor Lights IV - Mr. Harold Reese submitted maps with revisions on the road layout of this subdivison and asked the board if he could proceed with section five. The board stated that the bond for section four has not been posted and they would not entertain consideration on section five until this was done as they are contingent parcels. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Board of Appeals MAIN Rr'IAD- BTATE; RnAD 25 Br'lUTHtmLD, L.I.. N.Y. TELEPHONE (516) 765-1809 Southold Town Planning Board DATE: April 16, 1982 SUBJECT: Matters Tabled Pending Planning Board Comments The following is a list, as of today's date, of the matters before the Board of Appeals which have been tabled pending review by and receipt from your board concerning the subject subdivisions and their proposed layouts: BOOS, NORMAN C. GOLDEN, GRACE HARREN, HUBERT KUJAWSKI, PETER ~ANOS, JAMES REEVES, GERTRUDE K. WILSBERG, ERNEST E. YOUNG, RAYMOND & JOAN Appeal No. 2914 Appeal No. 2958 Appeal No. 2945 Appeal No. 2946 Appeal No. 2970 Appeal No. 2962 Appeal No. 2811 Appeal No. 2964 Once you have determined that the layout of the subdivision appears satisfactory, please let us know as early as possible in order that we may arrange to schedule them for public hearings. Also, any time you may need information from our files, we will be glad to provide you with same. Pg,,. (11) 3/8/82 Zaino - The board noted this subdivision was initially started in 1977. Mr. Bruer stated there was a nitrate problem with this property and the County Health would not sign the map. After two appeals before the Department of Health, approval was granted by the County Attorney, provided the covenants and restrictions stated that there were high levels of nitrates and conditions be included. Also discussed was the possibility of money to the Town in lieu of the park and playground area. Mr. Bruer did not think his clients would object to such an arrangement. 'The board will field inspect this property prior to the March 22, 1982 meeting and advise Mr. Bruer of an appointment ti~e to discuss this matter again. /~_ames Manos - Mr. Rudolph Bruer, Esq. appeared on behalf of his ~ c~t--~iscuss this proposal with the board. Correspondence from the Building Inspector,dated March 8, 1982, was read with regard to the right-of-way on this property. (a copy was given to the attorney) It stated the right-of-way requires 280-A approval from the Zoning Board of Appeals. Th~ board did not approve of the flag lot config- ~4. Mr Bruer stated willingness to put a road between uration on lot . lots #2 and #3 for a common driveway, thus giving access to all lots. The board will make a field inspection on this property prior to the March 22, 1982 meeting and advise Mr. Bruer of an appointment time tol~ discuss this matter again. James W. Dawson - Mr. Richard Cron, Esq. on behalf of the applicants reviewed the status of this subdivision with the board. It was noted that the maps have been referred to Suffolk County Planning Commission. The board again requested maps designating the location of dwellings on the proposed-lots. Mr. Cron stated the dwellings would be set back 75 feet from the waters edge and maps would be forthcoming. Angel Shore Estates.- The board requested Mr. Richard Cron, Esq. to submit revised maps designating the wetlands area, as they question lots 22 through 26 being extremely low. Mr. Cron asked that the board expedite a resolution for sketch plan approval when he submits the maps. North Fork Equities - Mr. Richard Cron, Esq. on behalf of his client, Mr. James Kavanaugh, owner of lot #4 and the adjoining substandard lot, requested a change in the lot lines. His client would like to obtain 15 feet from lot #4, thus eliminating an encroachment on his driveway when he sells this parcel. The board had no objections to adding footage to a substandard lot and requested Mr. Cron to submit maps showing the adjoining property labeled as Kavanaugh and to in- clude a letter requesting a set off on this property. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RnAD- ~TATE RnAD 25 ~rlUTHnLD, L.I., N.Y. 11~J71 TELEPHONE (516) 765-1809 April 3, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2970 - James Manos Dear Rudy: Please be advised that the application of Mr. James Manos filed April 1, 1982 was reviewed by the Board of Appeals at a Special Meeting held this date and the following information is requested as early as possible (April 14th if possible) in order to be considered for scheduling for the next Regular Meeting in early May: 1. Legal document giving access to the proposed subdivision over Subdivision Lot #13 of Jackson's Landing (CTM #1000-106-6-16); ~.L~ii.~' 2. Notice of Disapproval; ~ -~ 3. Short Environmental Assessment Form. If you have any questions, please do not hesitate to call our office. lk Yours very truly, CHAIRMAN MAIN ROAD April 12, 1982 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Attention: Lind~ Kowalski Re: Appeal Application of James Manos Dear Linda: Enclosed please find the following to be included with Mr. Manos appeal application: 1. Short Environmental Assessment Form 2. Wetlands letter Thank you for your cooperation in this matter. Si~erely, Radolph H. Bruer RHB/df Encs. (a) In order to answer the questions in this short EAF is is aesumed that the preparer w~ll use cur're~tly available Lnforrr~t.Lo~-t conc~ln~ %he project and 5hs ]..~ely ~c%s of the actlon. [t is not ~p~ct~d %~t ad(~].tional ~ud$~ rm~a~ch (b) If any question ~s been answered Yes the project ~y be si~n~i~an~ and a (c) If all questions have been answered No it is l~.ly t~ thi~ project la ,~,~t s %gnificanc. %o the project ~%r,~ OZ' phystcal~v al. cst more than .[0 acres of ~snd? ...... Yes X No 3- W~i project alter or have a [arg~ effect on W~i proJeot have a potentially }ar~ [mpac% On 5. W~i project ~ ignl.ttcantly sff~ct ~[rainaK~ fl~ on ~dJacent ~[t~$? ....... Yes X No ~. W~i project affect any thr.at~nsd or endan&~r~d air quality? · · · . · · · ~eS X No ~. Will project hav~ a ~.lor e6fect on visual cha~ ~ ~. Is ~h~r once~ing the project? Ye~ ~ No P}~EP~ER"; SJiGNr,'Fr.,}~.~/~__~/Jam~ TITLE, Attorney ~{ E P~ E.:~ E N',' ~ ~;; --/ Manos DATE~ 4/12/82 4/12/82 (Today's Date) To: Re: Southold Town Board of Appeals :-lain Road Southo!d, NY 11971 Appeal Application of James Manos Location of Property: 400 ft. easterly of Mill Road. Mattituck,N.Y. Suffolk Co. Tax Map designation: 1000 - 113 - 6 - 14 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~t 661, and Article 25 of the New York State Environmental Conservation La~, please be advised that the subject property in the within appeal application: (please chock one box) [ ] [ ] May be located within 300 feet of tidal wetlands; ho%.;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. Ix] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] IK JUDITH T. TERRY TOWN CLERK REGISTRAR Oi VITAL STATISTICS Southold, L. I., N. Y. 11971 April 1, 1982 TELEPHONE (516) 765-1801 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2970, application of James Manos for a variance. Also included is Notice to Adjacent Property Owners, letter from Building Inspector Fisher to the Planning Board dated May 8, 1982 (?), and survey of the property in question. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN ~F SOUTHOLD, N Y. APPEAL NO.,~'7~) DATE .z/// /82 Nome of Appellant Street and Number ................... ~.~...O..O...k;.~..~. ........................................................... ~.,..¥.:. .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED March 8, 1982 WHEREBY THE BUILDING INSPECTOR DENIED TO James Mano$ ... 9../. ............................. Name of Applicant for permit of Main Road, Southold, N.Y. Street and Number Municipality State PERMIT TO USE ( ) ( ) (X) PERMIT FOR OCCUPANCY PERMIT TO BUILD 0 ~ et ea t ± o ,, ,, . pROPERTY~i~i goad, ~a~l~uc~ A - Res./A ri. 1. LOCATION OF THE .................................................................................. g Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) N.Y.S. Town Law Article 16, Section 280A, Subsection 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (X) ) ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that Appellant needs approved access to the four lots created in proposed minor subdivision of this property. Form ZB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIP becau~ Appellant, and any successor in interest to Appellant, would be unable to obtain a building permit for any one of the four lots shown on the attached survey. 2. The hardshipcreatedis UNIQUE and isnotshored by oil properties alike in the immediate vicinity ofthisproperty and inthis use district b~couse the adjoining properties, having buildings thereon, either obtained approval of access by way of a variance or by virtue of pre-existing use, as I assume they are all valid buildings under the town ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Appellant needs approval of access to service these lots pursuant to Section 280A Subsection 3 of Town Law, and,as stated above, building permits will not be issued without th~ approved access. The character of the district will not be changed by the granting of this variance. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Sworn to this 'x/~:~- day of ......... ~ 19 82 ~' Notary Public ~A~Y DIANA FOSTER NOTARY PUBUC, State,,olkN~oWun~,rk No 52-4655242, Su.O Commission Expires March 30, 1~. BOARD OF APPEALS. TOWN OF SOUTHO~D · in the Nla~e~ o~the JAM~S MANOS : to the Board of Al~oeals of the Town of Southold : TO:. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1~ That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (:fqlmck~x0e~lX) (fNlel:iat/~c~l:li:~ (:~:~e~R. ae~ba~:~ttileR 2. Thattheproperty whichisthesubjectofthePetitionisl~atedadjacenttoyourpropertyandisdes- cribed ~follows: in the Village of Mattituck, New York, bounded as follows: NORTH by: "Miller's right of way"; SOUTH by: Land of Jahn and "Holbrook Lane"; EAST by: Land of Shaw, Blatz, Burke & Hiltz; WEST by: "Young's right of way" and land of Jahn. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" - Residential/ Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefo[Iowingrelief: approval of access to the fodr'lots created by proposed minor subdivision of this property.~ N.Y.S. Town Law 5. That the provisions of the J~la;m~l:d~iaa'a~o~t~ applicable to the relief sought by the under- signed are Article 16 SecticD 280A, Subsection 3 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road. 5outhold, New York and you ma), then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~, // 1982 /P~/itioner ~lp H for P~titionery Post Office Address Main Road Southold, N.Y. 11971 (516) 765-1222 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. Edgar Jahn 344 5th Ave., Pelham, N.Y. 10803 Mr. & Mrs. Donald F. Shaw P.O. Box 516, 12 Diokerson Drive, Shelter Island, N.Y. 11964 Mr. & Mrs. Edward L. Gibson P.O. Box 663, Holbrook La., Mattituck, N.Y. Ms. Shirley Strang 107 Diamond Ave., East Meadow, N.Y. 11554 Mr. & Mrs. George W. Argentieri 181-30 Kruger Rd., Jamaica, N.Y. 11432 Mr. & Mrs. Albert Rountree 75 South Franklin Turnpike, Ramsey, N.J. 07446 Ms. Elsie E. Blatz Racoon Rd., Mattituck, N.Y. 11952 Mr. & Mrs. Lawrence Burke Mr. %cMr~ Bobert E. Hiltz ~anis 3415 Winding Path, Manorville, N.Y. 11949 7 Levon Lane, Miller Place, N.Y. 11764 P.O. Box 1058, 1530 Jackson's Landing, .... ;~,~-~. N.Y. 11952 ~ i Riverhead, N.Y. 11901 ,., iverhead, N.Y. 11901 C~ O 0~/ ~ ~ Mattituck, N.Y. 11952 ~ ~ ~/ ~o ~' .tuck, N.Y. 11952 Mary Diana Foster , residing at (No %) McCann Lane, Greenport, New Yo.~k ,~ , being duly sworn, deposes and says that on the /.r.~-- day of. .C,/7o~.. ' ,19 82 , deponent mailed a true copy of the Notice set forth on the re- verse s,de hereof, d~rected to each of the~ove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (3~Y~I~J~ mail. Sworn to I~fore me, this / ~ day of ~ ,19 82 Notary Public TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEC"rOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 556 (50' 77? t.O~Ct FOR PARCEL NO SEE SEC NO 113 oF