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