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Home My WebLink About2973 MAIN ROAD- STATE I~DAD 2S SOUTHOLD. L.I., N.Y, I]97] TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2973 Application ~ated April 9, 1982 TO: Mr. and Mrs. Eugene Mott Middle Island Boulevard, RFD P.O. Box 38 Middle Island, NY 11953 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 7, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] 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 [X] Request for Variance to the Zoning Ordinance Article VII , Section 100-71 [ ] Request for Public Hearing held May 7, 1982: -Jpon application of Eugene and Patricia Ann Mott, Box 38, RFU ~1, Middle Island Boulevard, Middle Island, NY 11953, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission ~o construct building in this B-1 Zone with insufficient side and rear yard setbacks, a~ 31935 Main Road, Cutchogue, NY; bounded north by Imbriano; east by Mostupanick; south by Main Road; west by Boyd; County Tax Map No. 1000-97-5-9. The board made the following findings and determination: By this appeal, applicants seek permission to construct a 40' by 100' building for commercial use on this B-I Zoned Parcel located at the north side of Main Road, Cutchogue. The premises in question is vacant, and fronts along the State Route approxi- mately 85 feet and has a depth of 166 feet. The proposed building is proposed to be setback 35 feet from the Main Road pro~_~~ ~.~ line, 38 feet from the westerly parcel, 6.64 ~rom the easterly parcel, and approximately 31 feet from the rear proper~y line. it is the unanimous opinion of the board the,,setbaok from the easterly property line should be a minimum of ~ feet, and this location appears to be the most feasible and useful area, particularly due to the let size. In considering this appeal, the board determines that the variance request is not substantial in relation to the code require- ments; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant(s), 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 har- mony 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. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the application of Eugene and Patricia Ann (CONTINUED ON REVERSE SIDE HEREOF) DATED: May 18, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 2973 Matter of Eugene and Patricia Ann Decision Randered May 7, 1982 Mott Mort, Appeal No. 2973 for permzssion to construct commercial building in this B-1 Zone with insufficient side and rear yard setbacks, be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CON- DITIONS: (I) That the subject building be constructed not closer than five feet to the northeast side property line; (2) That this variance is subject to obtaining parking approval from the Southotd Town Planning Board [Section 100-112 of the Code]. Location of Property: 39135 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-9. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonzs and Douglass. (Absent was Member Sawicki.) This resolution was unanimously adopted. APPROVED C air a' f rd af Ap e is NOTICE IS HEreBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings ~il! be held by the Southoid Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIM!G, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118E for permission to reconstruct and enlarge existing garage located in the frontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (A. Wickham, Esq.) 7:40 p.m. Application of Anthony Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning ordinance, Article III, Section 100-31 for permmssion to conssruc~ deck to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, mY; also referred to as Reydon Shores Subdivision Filed Map 631, Block C, Lots 16 and 17; Suffolk County Tax Map No. 1000-80-1-39. oO 7:45 Application of and Patrlcia Ann Mott,~ p.m. Eugene 38, RFD ~1, Middle Island Blvd., Middle Island, NY 11953/ ! a Variance to the Zoning Ordinance, Article VII, Section~ 100-71 for to construct building in this B-1 permission Zone~ lwith insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, NY; bounded north by Imb~iano; east by Mos- tupanick; south by Main Road; west by Boyd; County Tax Map ~ No. 1000-97-5-9. 7:50 p.m. Application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Artgicle III, Section 100-32 for permission 5o construct acces- sory storage building mn the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Blvd.; east by Young; County Tax Map No. 1000-87-3-7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary INSTRUCTIONS TO NEWSPAPERS: Please publish Thursday, April 22, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. Legal Notice of He~rings for M~y 7, 1982 Copies on April 16, 1982 to the following: Abigail A. Wickham, Esq., attorney for Mr. and Mrs. Karl Dimig Mr. and Mrs. Karl Dimig, 1015 Bungalow Lane, Mattituck, NY 11952 Mr. Anthony Macaiuso, 1175 Oak Drive, Southold~ NY 11971 Mr. Robert L. Hyatt, Horton's Pt., Southold, NY (builder) Mr. and Mrs. Eugene Mott, Box 38, Middle Island Blvd, M.I., NY Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd., Southotd, NY 11971 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Members of the Zoning Board Individual Files 11953 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL FileNo ................................ Date ............. A~...&.,19~...~... ..................................... ~.ff~ ~1 ~ s~ pnaAS~ Tara ~OT~Ca ~a~ yon~ ~i~atio~ ~d .............. ~/~....~, ~ .~ ~o~,~ax~o.~OOO~,~o~ .... 9.7 ..... ~1o~ .... ~ ...... ~o~ ..y: ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. [~,~..F..t.~.~....l~'~..... 7.. .~.x. ~ ..... i.~. . . .s/.-.t. . .z. .~.,y ~- ..... .,4.~. E~ ...... 4 e..e. 77. .I. ...................... RV 1180 Build/rig Inspector P.~C~IV~. TOWN OF SOUTHOLD, NEW' YORK~ FROM DEaS ON OF BUiLDiNG NSPECTOR TC THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. APPEL NO. q7.3 Name of Appetlo,nt Street and Number ~./~d~.C..-.-.-z~..-'-'~.-~Z.~.-.~.x...~..:..~--'.~Z~.:.~..: ............................... .../)~.?..,z~....~..d,.~7,.'~.~....HEREBY APPEAL TO Municipality 5tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED .................................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (d) Name of AppJicant for permit of ~...C,.~ ~. ~..~e.~ ...3.~,.~. ,.;4.~./¢.. ~ ....~..,.-.~..,,~,,.~¢.. ~.z.q.~ ..../~.....~ ............. Street and Number Municipality State PERMIT TO USE PERMIT caR OCCUPANCY ]. LOCATION OF THE PROPERTY .~../....z..?...~....~"..Z./.~.~.~..~.~....a~.~'~.;.~.~?..c.~`~"~..~..~..~..Z...L..~ ~-' Street Use District on Zoning Map ./..~ .9..9......~.c..z.:~.. Z~... ,~.~.......z.. ~.7~....~... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) /?~T VI~ 3. TYPE OF APPEAL Appeal is made herewith for ~ v~) 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 ,~ PREVIOUS APPEAL A previous appeal (,hem (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( / request for c special permit [ ) request for c variance and was made in Appeal No ................................. Dated ...................................................................... ( ) { ) ts requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Fotzn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouJd produce practical difficulties er unneces- sary HARDSHIP because /-r- ~O¢c~O d~¢c~c~,¢ ~//~xT- ~¢-~u~/ 2 The hardsh D createc is UNIQUE and is not snarea by ali properties alike in the immediate viciniiv of this property and m this use district because -/-~y~ /'~_rc~ ~'cc~'c~ccJ~ 3 The V~ri~nce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ,~ ~/d~--4~ ¢3~?- ~ ~ STATE OF NEW YORK ) co T¥ I SS Sworn to this ......... ~:zzT' Notary Public I "1 ET~D Southold, N.Y. 1 1971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. December 2, 1982 TELEPHONE 765-1938 Mr. and Mrs. Eugene Mott Middle Island Blvd., RFD #1 P.O. Box 38 Middle Island, New York 11953 Dear Mr. and Mrs. Mott: The following action was taken by the Southold Town Plan- ning Board, Monday, November 30, 1982. RESOLVED that the Southold Town Planning Board approve the parking of the site plan of Eugene & Patricia Mott, located at Cutchogue, subject to the issuance of a certificate of occupancy being issued for an antique shop as stipulated by the applicants. The Board also discussed consideration of a common curb cut with the adjoining property. It was the concensus of the board, not to enforce a common curb cut between the parties of Eugene & Patricia Mott and A.J. Bodenstein. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: By Susan E. Zoning Board of Appeals/ Building Department~ Long, Secretary Southold, N.Y. 11971 HENRY E. RAYNOR, Jr,, Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. AGENDA August 30, 1982 TELEPHONE 765-1938 7:30 p.m. Public Hearing on the question of the approval of the minor sub- division of New York Telephone Compan¥/Kavanau~h. ~/d~:45 p.m. Public Hearing on the question of the approval of the minor sub- ivision of Vincent Annabel. 8:00 p.m. William Salahian, Esq. has scheduled an appointment to discuss the proposed major subdivision of Nalbantial Bros. 8:15 p.m. Richard Cron, Esq. has scheduled an proposed subdivision known as Richard Cron and minium Community. appointment to discuss the to discuss a proposed Condo- ;/8:30 p.m. Irving Price, Esq. has scheduled a presubmission conference for the site plan of East End Supply Co. 8:45 p.m. David Saland, agent, has scheduled an appointment to discuss the status of Bayview Ventures Ltd. Resolution to set October llth and 25th at 7:30 ings of the Planning Board. p.m. for the regular meet- Resolution setting 7:30 p.m. October 11e 1982 at the Southold Town Hall as the time and place for a public hearing on the question of the approval of the minor subdivision of Edward & Marie Cartnick, located at Nassau Point. Joseph & Edwina Hataier - Board to take action on this minor subdivision 9/16 ~/W~al Caiola Condominium Project - David Kapell, agent, has requested Planning Board to field inspect this property. John Simon Estate this proposal. Revised maps submitted, no action has been taken on Moebius Associates - Revised maps submitted, no action has been taken on this proposal. Resolution setting 8:00 p.m. September 20, 1982 at the $outhold Town Hall as the time and place %or a public hearing on the question of the approval of the minor subdivision of Mattituck Holding Co., located at Laurel. Baxter Properties - Board to review correspondence from Robert Wendell requesting planning board approval on access road to lot #3 for the issuance of a building permit. Ramunni minor subdivision Board to review Inspector Davis' report #237 Homestead Acres - Board to review correspondence from the Suffolk County Planning Commission, Inspector Davis, and Superintendent of Highways. Nicholas Fontana - Board to review Inspector Davis report #235 regarding the improvement of the access road. i/William & Joan Keinath - Applicant request approval from the Planning Board ~-~ c-~-q~ lot lines as designated on the map. Board to review the following new proposed subdivisions: ~Norman J. Murray minor subdivision &-~Burkhart minor subdivision Pappas & Athanasopoylos minor subdivision Dr. J.M. Semer minor subdivision John Tuthill minor subdivision Board to review the proposed major subdivision to be known as Cranberry Acres. Board to report on the following field inspections: Mary Harris - no action has been taken on this proposal Kontokosta Site Plan - applicant requests approval to construct tennis courts and approval for a partial CO. Irwin Thompson Site Plan - applicant requests approval for the issuance of a CO. Port of Egypt Site Plan - no action has been taken on this proposal Board to review the proposed site plan of Euqene & Patricia Ann Mott, lo- cated at Cutchogue. Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN July 8, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~plicant M,,n~cipal File Number Anthony Macaluso Eugene & Patricia Mott Lucy E. Michaels Karl & Helen Dimig 2972 2973 2974 2976 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gera~d G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ={OUTHr-ILD, l.l., N.Y. 11971 TELEPHONE (516) 765-'~809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Section 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 2973 Applicant: M/M Eugene Mott Location of Affected Land:Main Road, Cutchogu~ County Tax Map Item No.: 1000-97_5_9 Within 500 feet of: X Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area Thruway State or Federally- State or Federal Park __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was granted COMMENTS: Applicant ~ng permission to building in this B-1 Zone with insuff, side and rear yard setbacks Copies of Town file and related documents enclosed herewith for your review. Dated: July 6, 1982 ~/#~. Se~ary, Boar~ of ~ppeals $outhold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGFR, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 18, 1982 Mr. and Mrs. Eugene Mott Middle Island Boulevard, P.O. Box 38 Middle Island, NY 11953 RED %1 Re: Appeal No. 297~ Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski, Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS O~ K Southold, L. l., N. Y. 11971 TELEPHONE (516) 765-1801 April 9, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2973 application of Eugene &, Patricia Ann Mott for a variance. Also included is notification to adjacent 'property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. ~~. ~err~ Town Clerk JTT/bn Enclosures THURSDAY, APRIL 22, 1982 NOTICE IS HEREBY GiV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road. Southold, N.Y. on Friday, May 7, 1982 commencing ~t 7:30 p.m. and as follows: 7:30 p.m. Application of KARL AND HELEN DIMIG, · 1015 Bungalow Lane, Matti- tuck, N.Y. for a Variance to the Zonh~g Ordinance, Article XI, Section 100-11SE for permis- sion lo ~ecenstruct and enlarge/' existing garage located in the frontyard area to an extent exceeding 50% of its fair value. Location of Property: 1015 Bungalow Lane, Matti- tuck, N.Y.; bounded northeast by Deep Hole Creek; north- west by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. (A. Wick- ham, Esq.) 7:40 p.m. Application of Anthony Maealuso, 1175 Oak Drive, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct deck to dwelling with insuf- ficient side and front yard/ setbacks at 1175 Oak Drive~jq Southold, N.Y.; also referred~ to as Reydon Shores Subdivi- sion Filed Map 631, Block C, Lots 16 and 17; Suffolk County Tax Map No. 1000-80-1-39. ~ 7:45 p.m. Application ol~1~ ~'~ Eugene and Patricia Ann Mort, Box 38, RFD #1, Middle Island Blvd., Middle Island, N.Y. 11953, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct building in this B-1 Zone with insufficient side and rear yard setbacks, at 31935 Main Road, Cutchogue, N.Y.; bounded north by Imbri- ano; east by Mostupanick; ~, 7J south by Main Road; west by Boyd; County Tax Map"N-o~_~/~~ 1000-97-5-9. I 7:50 p.m. Application of Lucy E. Michaels, 3570 Min- nehaha Boulevard, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, N.Y.; bounded north by Laughing Waters; west by Tsehiember; south by Minne- hahs Blvd.; east by Young; County Tax Map No. 1000-87- 3-7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TO WI~,~ BOARD OF APPEAL~ GERARD P. GOEHRINGER .~-., -.~ CHAIRMAN c,.:.l;~a~ . By Linda Kowalski, ~ *'~ Secretary Patricia Wood, being dd~worn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long island Traveler-Watch- man once each week for 1 ........................................ weeks successively, commencing on the ....... ..~.:..~.. ................... .................. .............. (\. . Sworn to before me this ......... ~-/j..:. .............. day of LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southnid, a Regular Meeting and the followi~ public hearings will be held by the Southnid Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, May 7, 1962 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Karl and Helen Dlmig, 1015 Bungalow Lane, Mattituck, NY for a Variance to the Zon- lng Ordinance, Article XI, Section 100-118E for permission to reconstruct and enlarge existing garage located in the frontyard area Subdivision Filed Map 631, nehaha Boulevard, Southold, to an extent exceeding 50% of Block C, Lots 16 and 17; NY for a Variance to the ZOn- its fair value. Location of Suffolk County Tax Map No. lng Ordinance, Article III, Property: 1015 Bungalow ~0-.~= 1-39. Section 100-32 for permissmn Lane, Mattituck, NY; bound- ,~,~,;~,~oP.m. Application o~ to construct accessory stor- ed northeast by Deep Hole i .. Eugene and Patricta Ann ago building in the sideyard Creek; northwest by Smith; I Mort, Box 38, RFD #1, Middle area at 3570 Minnehaha Boule- southwest by Bungalow Lane; Island Blvd., Middle Island, yard, Southold, NY; bounded southeast by McCormack; NY l1953 for a Variance to the north by Laughing Waters; County Tax Map No. 1000-123- Zoning Ordinance, Article VII, west by Tschiember; south by 3-13. (A. Wickham, Esq.) Section 100-71 for permission Minnehaha Blvd.; east by 7:40 p.m. Application of to construct building in this B-i Young; County Tax Map No. 'Anthony Macaluso, 1175 Oak i Zone with insufficient side~ 100087-3-7. Drive, Southold, NY for a and rear yard setbacks, all Dated: April14,1982. Variance to the Zoning Ordin- 31935 Main Road, Cutchogue,]~ BY ORDER OF ance, Article III, Section 100- NY; bounded north by1 THE SOUTHOLD TOWN 31 for permission to construct Imbriano; east by BOARD OF APPEALS deck to dwelling with Mostupanick; south by Main "GERARDP. GOEHRINGER insufficient side and front ~. Read; west by Boyd; Count3 CHAIRMAN yard setbacks at 1175 Oak ~' Tax Map No. 1000-97-5-9. ByLindaKowalski, Drive, Southold, NY; also 7:50 p.m. Application of Secretary referred to as Reydon Shores Lucy E. Michaels, 3570 Min- 1TA22-39~7 day of ...April ........ 19.82.. ! .......... ...... HELEN K DE VOE NOTARY PUBLIC, Stlte of New York No 4707878, Suttolk Couolv Teml Exp,es March 30. ~9~ . ) 631, :l 17; p NO. on of Ann ~liddle iland, to the le vii. ' ission ;his B- t side ks, at ~ogue, a by by Main 2ounty ion of ~ Min- nehaha Boulevard, Southold, NY for a Variance to the Zon- 'ing Ordinance, Article III, Section 100-32 for permission to construct accessory stor- age building in the sideyard area at 3570 Miunehaha Boule- vard, Southold, NY; bounded north by Laughing Waters; west by Tschiember south by M nnehaha Bird.; east by Young; County Tax Map No. 1000-87-3-7. Dated: April 14, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 1TA22-3937 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · ?.~.9~ .P_,-.'~.~..t;.~.'~..~.o..~. ................... being duly Sworn, he scrys that ........ is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and ~hat the notice, of which the ~nne~.ed is ~ printed copy, has been published in the said Suffolk Weekl~ Times once in ouch week, for . . . .o?.e. .................... weeks successivMy commencing on the .~d .................... d~y of .. ,Ap~i 1 ,..~-~.. ~. i ...................... Sworn to before me I day of ...At:~z't.L ........ 19.82.. HELEN K DE V0£ NOTARY PUBLIC. Slate of New York No 4707878. Suffolk Count/ Southold Town Board of Appeals MAIN RI3AD- STATE RI-lAD 25 5rIUTH{3LD, l,l., N.Y. 11cj71 TELEPHONE (516) 765-'~ena APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 13, 1982 Mr. and Mrs. Eugene Mott Middle Island Boulevard, P.O. Box 38 Middle Island, NY 11953 RFD #1 Re: Appeal No. 2973 Dear Mr. and Mrs. Mott: This letter will confirm that the following action was taken at a Regular Meeting of the Board of Appeals held last Friday, May 7, 1982 concerning your appeal application: RESOLVED, that the application of Eugene and Patricia Ann Mott, Appeal No. 2973 for permission to construct commercial building in this B-1 Zone with insufficient side and rear yard setbacks, be and hereby IS GRANTED, SUBJECT TO THE FOLLOWING CON- DITIONS: 0 P Y (1) That the subject building be constructed not closer than five feet to the northeast side property line; (2) That this variance is subject to obtaining parking approval from the Southold Town Planning Board [Section 100-112 of the Code]. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. Please contact the Planning Board office concerning your proposed parking plan. If you have any questions, please do not hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department By Linda F. Kowalski Planning Board Secretary Southold Town of Appeals ~ii 14, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2973. EUGENE and PATRICIA ANN MOTT. Variance to construct commercial building in this B-1 Zone with insufficient side and rear yard setbacks at 31935 Main Road, Cutchogue, NY. On motion by Mr. Goehringer, seconded bY Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Eugene and Patricia Ann Mott: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is not located Within 300 feet of tidal wetlands area. 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: CTM No. 1000-97-5-9. 31935 Main Road, Cutchogue, NY; Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. M~ssrs. Douglass, Goehringer, · It~-C~/W ~APR 9 lgsz TOWN OF SOUTHOLD, NEW' YORK ~ ~ Pi~iI~L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. NO. g ? 75 ~ Name of Appellant Street and Number .... /~).~(...~/...~.·....~..~...~..d<'.~ .................................................. ./~..?..~.....~.,.d.../~....~....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (,4 Name of Applicant for permit of ~ .P.,~/.x~.o.r...~¢,.. ~.:.4..~/.c.. ~ze~.4.. ~.z.?./.~..~t...~./¢......zT.~....z~...~¢...~/..¢~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ..?~(~.?.~..~....../...//F~z.`~/.~..~C..4~-.~/~.~:~.~.~.~.e"~.~.~....:T~..~....u Street Use District on Zoning Mop ./.....~..0.......~.~..~Z..... ~/.q~.~.......oZ.......~..q.z ? 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.) A2X°T //,,/ /dz3 - 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 ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 · ---Y- A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or u~'rteceS: sary HARDSHIP because /'/- 6xJ~/a(. .S~z¢~.-c~7, /.-'.-~.~ /o~,~--/¢.L¢/~, 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .'~ ¢O~,F.¢~/,~( yt/~z ~./7~,,':Y,.~¢ -~ STATE OF NEW YORK ) COUNTY OF~'~i~l ss Sworn to this ...................... ~I/~ .............day £LJZABF~¥H ANN NEVILLJ t~TARY PUBLIC, Strata of ~ ~ In the Matter of the Petition of the Board of A~ueals qf 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) (Special Exception) (Special Permit) (the following relief: ,.'qR~7- I/// ! tYO - '7/ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~/a~ x- 'lo, ~ ~-. ~ ~-~- $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- sisnedare Art. Lcle VI/ , Sect&op_ .I/)~9- *~1 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be fil.ed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there exam,ne the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Post .Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~4 ~. ~ ~, //~-~ , being duly sworn, deposes and .ys that on the F day of ~ ' ~ ,19 ff~ , deponent mailed a true copy of the Notice set forth on the re- ve~e si~e hereof, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~ss~sment roll of the Town of Southold; that said Notices were mailed at the United States Post ~- rice at ~ .. ~ ,' ~ . ~.~. ;that said Notices were mailed to each of said persons by (certified) (registered) ~ail. / SHO[~T ENVIRONNiENTAL ASSESS/4kNI .~ "INSTRUCTIONS: -if ~ (a) [~ order to anstfer tile questions in this short EAF it is assumed that the preparer ¥1ill use. currently available information concerning the project and the likely impacts of the action. ]t is not expected additional studies, research or other investigations ~ill be undertaken. (b) If any question has been answered Yes the pro)ect may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is lil(el¥ ~ho¢ this project is ~ot significant. .. (d) Env±ronmentol Assessment ' ~. VI£II project result in o large physlcol change " to the project site or physically olte~ mo~e than l0 acres of land? ........................ Yes. No 2. ~'lill there be o major change to any unique o~ ~ . -unusual land form found on the sitS? .......... Yes NO 3. ~'lill pro~ect alter or have a ~orge effect on . existing body of water? ....................... Yes. ~ Ne 4. Will project have o potentially large impact on groundwater quality? ....................... Yes._° · 5. Will project significantly effect drainage ' flo%l on adjacent sites? Yes ' 6. %~ill project affect any threatened or endangered plant or animal species? ........... Yes. ~No 7. %'/ill projecl result in o major adverse effect ' air quality? Yes v/No 8. %';ill project hove o major effect on visual character of the community or scenic views or. vistas ~nown to,be important to the community?. Yes V/No ~. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site desisnotcd os o critical environmental ereo by o local agency? ........... . . ... ~-..--~ v.-.-.~--~..~ Yes ~No 10. %';ill project hove o major effect on exisfinG or future recreational opportunities? ......... Yes..~/No 11. Will project result in .major traffic problems o~ cause o major effect to existing transportation systems? ....................... . Yes.' o 12. Will project .reGulorly cause objectionable odors, noise, Glare, vibration, or electrical disturbance as o result of the project's V' N/o' operation? '. Yes 13. Will project have any impact on public health ' or.safety? .................................... Yes~ 14. Will p~oject affect the existin~ community by ' directly causing o growth in permanent population of more thom 5 percegt over o one year period or hove o major negative on the character of the community or~//No neighborhood? ................................. Yes. 15. ]s there public controversy concerning the project? ....................................... Yes.~o PREPARER 'S SIGNATURE REPRESENTING (~6aay' s D~te) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May b~ located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and 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. [ ] not appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) :-~2o' ! -i- ANT ~-940' t TO '-" ' AT ,,.UT u l'dA! N , ,<.GA D SCALE ~, .SLI F E CO.?AX' 24.4A(c) 42.1A~c) 53.0A COUNTY OF SUFI~OLK $.5A{c) I 2A(c) lO ...... I$ 8.4 A (c) 1SA(c) 3 3.14(c) 3.lA( FOR PARCEL NO. ~ATChZ-°:-me-~ Legend