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HomeMy WebLinkAbout2959 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appe-~ Ne. 2959 by application Dated March 1~, 1982 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Arthur M. Schwartz, M.D. 240-11 Maryland Road Douglaston, NY 11363 ~, DATE ..~./..21 ~..8.2 at a meeting of the Zoning Board of Appeals on April 14, was considered and the action indicated below was taken on your (X) Request for variance :~OXI~ of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1982 the appeal 1. . ..................... ion ( ) be ~anted ( ) ~ ~ed pursuant ~~n ................. para.apb Public Hearing 4/14/82. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, New York Town Law Article 16, Section 280A over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. (SEE ATTACHED TWO SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties (SEE ATTACHED TWO SHEETS) (b) The hardship created (is) (is not) urfique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED TWO SHEETS) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE ATTACHED TWO SHEETS) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be de~ied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, lk FORM Z.,B4 ZONING BOARD OF APPEALS Page 2 Appeal No. 2959 Arthur M. Schwartz, M.D. Decision Rendered April 14, 1982 By this appeal, applicant seeks approval over a new right- of-way as recorded in Liber 984, cp 99, which the board understands to be the legal access to the premises and which is more particu- larly shown on survey by Young & Young, L.S. dated January 18, 1982. The right-of-way is 15' in width and extends 567.98 feet to the premises in question from Westphalia Avenue. At the beginning of the right-of-way in question (at Westphalia Avenue) is an entrance gate havinq a clearance of roughly 11'7". Previous appeals have been made concerning access to the subject premises by Appeal No. 1632 dated August 24, 1972 and by Appeal No. 2925 dated December 5, 1981. Upon inspection of the premises, the board has found the right-of-way requested by this application to be newly cut; and it is the opinion of this board that the right-of-way n~y, past the first 30 feet in length be widened to a minimum of 15 feet, without significant difficulty, to the premises in question, and that the width of the right-of-way beginning at the entrance gate and along the first 30 feet in length should be widened to 12 feet. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the applicant, Arthur M. Schwartz, M.D. be granted approval of access over the new right-of-way in question, pursuant to New York Town Law, Section 280A as applied in Appeal No. 2959 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within the right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet in length commencing from the right-of-way property line along Westphalia Road [Avenue]; 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property; 3. The entire access road commencing from Westphalia Road and to the applicant's property shall be improved with a minimum depth of two inches of packed three-quarter-inch stone blend; 4. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all the conditions set forth herein have been complied with; 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be necessary and recommended by the Town Engineer; 6. That upon completi~ of the improvements of this access Page 3 Appeal No. 2959 Arthur M. Schwartz, M.D. Decision Rendered April 14, 1982 road, the Board of Appeals shall receive notice of such completion in order that an inspection of the access road may be made as to meeting the above requirements; 7. That this access is deemed to include the approval of access to all lots abutting the subject private road from the town public street to the parcel in question. Location of Property: Right-of-way off Westphalia Road [Avenue], Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen Douglass and Sawicki. This resolution was unanimously adopted. APPROVED Chah~mBn/B'oard of Appeal~ RECEIVED AND FILED BY THE SOUTIt©LD T©¥~ CLEP~ Town Clerk, Town o{ Southo!d 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 will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. Ii7:40 p.m. Application of Arthu_~r M~ Schwart_____~z~ M.D__., ~ 40-11 Maryland Road, Douglaston, NY 11363 for a Variance or Approval of Access, Art. 16, Sec. 280A, over a new ight-of-waY located off the northeasterly side of West- ~ halia Avenue, Mattituck, NY; bounded north by Howard's ranch; west by Berner; south by Penny and ano.; east by unz; County Tax Map Parcel No. 1000-113-9-10.1. 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Am~tt & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hill- side Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New Yo~k Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick, and Wiglom; east by Swick and Jayne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Page 2 - Legal Notice of Hearings Board of Appeals Regular Meeting of April 14, 1982 Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck, NY; further identified as County Tax Map Parcel No. 1000-120-3-8. 8:30 p.m. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lower floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, April 8, 1982 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before April 12, 1982. Copies sent on 3/22/82 to: Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040 Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 Mr. ~erasimos Fioravantes, 265 Fourth Avenue, Brooklyn 11215 Copies sent on 4/3/82 to: Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772 Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596 (for Mr. and Mrs. Aaron Shikler) Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952 Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971 (for Mr. and Mrs. William J. Boylhart) Town Clerk's Bulletin Board Supervisor and Town Board Members Planning Board Individual Files TOWN OF SOUTHOLD, NEW YORK MAR ! O 198 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number ])~UO~IC.~ II.~'. I¢.~. ]~EREBY 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 Nome of Applicant for permit of ........................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I'-- 1. LOCATION OF THE PRO.PERTYMI~~.~.L.~.I~II..IIt..JI$~I~,..&~ .......... Street UseDistrict on Zoning 09.00 oxo.oox Mop No. Lot No. of waY, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (It) 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) (I,m,J,,*~n~ been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit lit ) request for a variance and was made in Appeal No..J,9~ ..................... Dated ]j~lJl~...~&J,~- .............................................. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that · he ~raveXed toed io not tho or~Xnal Fo~d of aooeoo. The orXgin&t ro~d use of all pr~per~¥. The ozlglnal roaa aoes no~ requl~e remov~£ oI y ma~u~e ~rees. The original road is s~raigh~ and follows ~he power lines. The original road has excell~n~ drainage, Fonn ZB1 (Continue on otherside) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- It would mean the removal of twenty ~wo mature trees to obtain the fifteen feet in width. It dividede ~he proper~xee and doesn't allow full usage. The quality and beauty of the ares would be destroyed for the nez~ 25-D0 years until the ~rees would be replsced. '4bile the traveled road could be made wider end clear of trees the bends and curves would remain. It would prove most difficult for any emergency vehicle to use 2. The hardshipcreated is UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in th~ use district because. The Board one owner ~o make th~s improvement wh~le ~ proper~y owners will have the free use of the road of access. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~h~ ¥~z'lance thst [ a~ re~uest~ woul~ ~o far to maintain the c~arac~er and spirit of the exisitin~ community. The right of way that I am su~£esting~,~ ~ece~dsd in Llber 98~ c~p ~ and a Cop~ is attached. It is dated 9/12/19191 STATE OF NEW YORK COUNTY 0 Sworn to this .............. ]..~)....'~ .............. day of ...... /~.".~ ...................... 19~ NOTARY PUBLIC, StBtl ~f New yodl No. 52-8125850, Suffolk Cou~,~ Term Expires Maroh 30, 19:J1~i~7'- FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To '/'~r"Z777"~' ~.~. .............. PLEASE TAKE NOTICE that your application dated . ,,_~2~ .~/?~.. d.~., 19 .~.t{.. for permit to construct. (-)./?..~. ~'~/(7~/.&'7 . .~~&d~ . at LocationofProperty.~.'.&' ~Z .... ~/~ff~q~Z>~' 'County Tax Map No. 1000 Section / / ~ Block ~ ~ Lot OdO ~ O~ / Subdivision .... Filed Map No. ' ~ ............................. Lot No .................. is returned herewith and disapproved on the following grounds ~2~ ~e · (~'~'"q~ ~ e~ ~..~/( ~,.. ~. ~:. ~ 5. ~ V z~.. ~ ,-.. ~.. ............ Bhfld~g Inspector RV 1/80 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 18, 1997 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. 10315 1Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Conditions Under Appl. 2959 (Schwartz Parcel Access) 1000-113-9-10.1 at Mattituck Dear Ms. Wickham: With reference to the above application, this letter will confirm that the access improvements recently constructed by Ray Nine have been inspected and are approved at this time under the ZBA's specified conditions and resolution dated April 14, 1982. The contractor has done an excellent job of placing three inches of compacted stone blend and leveling and widening the entry access to a width of 18 feet, 15 feet at the remainder of the right-of-way to the Schwartz parcel (1000-113-9-10.1). Please note that the right-of-way must be maiutalned in the future by the individual lot owners while occupying the dwellings along this right-of-way. Our office has furnished the Building Department with a copy of this letter for their permanent records. Very t ly" u?, GERARD P. GOEHRINGER CHAIRMAN cc: Building Dept. Attn: Ed Forrester APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FOR BOARD AND STAFF USE Updated ,,hh // / / APPEALS BOARD MEMBERS Gerard E Goehrin~er, Chairman James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 6, 1997 Abigail A. Wickh~m, Esq. Wickham, Wickbam & Bresslar, P.C. 10315 M~in Road P.O. Box 1424 Mat~tuck, ~ 11952 Re: Your Letter dated November 3, 1997 Request for Inspection - ZBA #2959 1000-113-9-10.1 (Schwartz Parcel Access) Dear Ms. Wickbaru: Upon inspection of the access road to ihe above Schwartz parcel, it is aoted that the access right-of-way to thi.~ lot does not meet the requirements under New York Town Law, Section 280-A as exists. Please have the Contractor follow the specifications listed the Conditions of ZBA Action $2959 dated April 14, 1982, and confirm the materials used in writing to us when requesting another inspection. Very truly yours, Enclosure cc: Building Department Attn: Ed Forrester GERARD P. GOEHRINGER CHAIRMAN WILLIAM WICKHAM ERIC J BREBSLER ABIGAIL A. WlCKHAM LYNNE M GORDON dANET GEABA HUBERT F SULLIVAN ~AW OFFICES WlCKHAM, WlCKHAM & BRESSLER, P.c. 10315 MAIN ROAD. P.O. SOX 1484 MATTITUCK. LONG ISLAND NEW YORA 1195B MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE Ill MELVILLE, NEW YORK ~1747 516-249-9480 TELEfAX NO 516-B49-9~84 November 3, 1997 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Owner: Rosanne K. Schwartz Premises: SCTM# 1000-113-9-10.1 R.O.W. off Westphalia Road, Mattituck, N.Y. Gentlemen: Dr. Schwartz has asked me to represent him in connection with property owned by his wife, Rosanne K. Schwartz, on a right-of-way off Westphalia Avenue, Mattituck, N.Y. Dr. Schwartz advised that the right-of-way was cleared to a width of 15 feet and scraped quite a few years ago. Blue stone or blue stone blend of approximately 3" was placed on the portion of the driveway from Westphalia Road to the point where it bends to the right. The remainder of the right-of-way has not been improved with any blue stone or blue stone blend. I would appreciate your making an inspection to ascertain the requirements for completion in accordance with your prior decision on approval of access. As you know, Dr. Schwartz has applied to the Building Department for a Certificate of Occupancy. Very t~ruly//~y~ours, ~bigail A. Wickham AAW/dmc encl. 30/zbashd Mem~ndum from ·... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: MEMO FOR THE FILE Date: 5/9/85 Received calls today from Charles Berner and Wendy Miller (friend) concerning schwartz R-O-W. They plan to build on lot between Schwartz and Galgano -- and were advised that 280-A requirements are still pending. They could either improve road as per Schwartz ZBA decision or they could reapply individually for their lot. They wish to speak with Mr. Lessard as to unfairness of 280-A law and situation with Dr. Schwartz. Copy of ZBA Schwartz Decision #2959 mailed to Charles Berner, Box 870, Matt. APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR~ ROBERT J, DOUGLASS JOSEPH H. SAWICKI $outhold Town Board of Appeals MAIN RFiAD- STATE ROAD 35 SOUTHOLD, L,I., N.Y. llC:JT1 TELEPHONE (516) 765-1809 April 15, 1982 Arthur M. Schwartz, M.D. 240-11 Maryland Road Douglaston, NY 11363 Re: Appeal No. 29~.9 Dear Sir or Madam: This letter is to confirm that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held on Wednesday, April 14, 1982: RESOLVED, that the applicant, Arthur M. Schwartz, M.D; be granted approval of access over the new right-of-way in question, pursuant to New York Town Law, Section 280A as applied in Appeal No. 2959 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within the right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet commencing from the right-of-way property line along West- phalia Road; (CONTINUED ON ATTACHED SHEET) An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Building Department Page 2 April 15, 1982 Arthur M. Schwartz M.D. Re: Appeal No. 2959 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property; 3. The entire access road commencing from Westphalia Road and to the applicant's property shall be improved with a minimum depth of two inches of packed three-quarter inch stone blend; 4. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all of the conditionsset forth herein have been complied with; 5. Where the ~errain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be necessary and recommended by the Town Engineer; 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notice of such completion in order that an inspection of the access road may be made as to meeting the above requirements; 7. That this access is deemed to include the approval of access to all lots abutting the subject private road from the public town street to the parcel in question. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. GERARD p. GOEHRINGER, CHAIRMAN By Linda F. Kowalski, Secretary ARTHUR M. SCHWARTZ, M.D. 13 '~Nelwyn Road Apt. 1-D Great Neck, New York 11021 487-6098 April 20,1982 Southold Town Board of Appeals Gerard P. Goeh~inger, Chairman Main Road State Road #25 Southold., N.Y. 11971 RE, Appeal 2959 Dear Mr Goehringers Both~Mrs Schwartz and myself want to thank you ~and the Board of Appeals for your prompt attention to our most recent appeal. We are naturally pleased that the new right-of-way would be granted right of access subject to the conditions stated. We feel that all the conditions listed could be satisfied with the exception of # 3. That is the condition which specifies the two inches of packed three-quarter inch stone blend. The most recent estimate to cover the length of the access road would be between $2700.00 and $3,000.00. As you might well imagine none of the other users of the road have any willingness to make a contribution towards the cost. Even though they would be using the road. It means that one individual would have the burden for all. I~m asking you to change places with me just for a moment and examine you own feelings if you were to find yourself in my position. I think that I can imagine what the answer might be. I am very sympathetic to the purpose of up- grading the access roads, if I had not been then I would not have gone thru the expense of improving the road fol$ow~ng the south boundary to the required 15 feet. My understandlno~he reasons for improvement of access roads has primarily to do wit~ use of the roads for emergency vehicles. As a matter of fact, I had written to ~4r. Grigonis last Fall about how I felt about the importance of emergency vehicles being able tO get down the road as they come off of Westphalia. On that point we have full agreement. I'm wondering whather we might not have a test situation. Where either an ambulance or fire-truck would try the new-right-of-way and see if any difficulties are encountered. I beli~v~ that I had mentioned on April 14th that transit-mix and la~ge lumber truck have been using the road without any problems. I am asking for some relief on this one point and would very much appreciate your thoughtful consideration.Thank- ing you for you help and patience with this matter. Arthur M .~chJwa~'r t z ,~D. Southold Town Board of Appeals MAIN I~OAD- STATE RrlAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Abigail A. Wickham, Esq. Main Road P.O. Box 1424 Matituck, NY 11952 Re: Appea~- Dear Gail January 12, 1984 John M. and Frances C. DiVello At a Special Meeting of the board held on January 10, 1984, the board members reviewed the subject application, and the following action was taken: RESOLVED, that Appeal No. 3205, application for JOHN M. and FRANCES C. DiVELLO, be temporarily held in abeyance pending receipt of the following: (1) Comments or recommendations from the Southold Town Planning Board concerning the layout of this proposed subdivision and the proposed right-of-way; (2) An executed joint easement or agreement between the parties involved concerning the use of this proposed new right- of-way. This resolution was unanimously adopted. Upon receipt of the above, this matter will be placed on the available agenda for consideration of a public hearing date and advertising in the official newspapers. If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board Building Department By Linda Kowalski Southold Town Board of APPeals MAIN ROAD- BTAT[ ROAD 25 SDUTHOLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS (;ERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SEi~GE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 5, 1983 Mr. Edward F. Hindermann Building & Housing Inspector Southold Town Building Department Southold, NY 11971 Re: Your Letter of November 21, 1983 Proposed Abandonment of Right-of-Way (DiVello) Appeals %1987 and %2959 (Galgano & Schwartz) Dear Ed: Please be advised that at a Regular Meeting held on November 30, 1983, the board members have acknowledged their acquiescence with your November 21st letter in that the abandonment of this existing right-of-way which was previously approved by this board would void that use; and accordingly, additional application should be made to the ZBA requesting approval of access over the newly proposed right-of-way for all those parcels involved. lk CC: Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Mr. and Mrs. John DiVello Mr. A. Galgano, Jr. Mr. R. Johnsen Mr. C. Berner, Jr. Dr. A. Schwartz Mr. Roger Munz Addresses to which copies were mailed 12/5/83: Mr. Roger L. Munz, Westphalia Road, Mattituck, NY 11952 Arthur M. Schwartz, M.D., 13 Welwyn Road, Apt. l-D, Great Neck, NY 11021 Mr. R. Johnsen, 4300 Soundview Avenue, Southold, NY 11971 Mr. A. Galgano, Jr., 37 Laurel Cove Road, Oyster Bay, NY Mr. and Mrs. John DiVello, Box 1402, Mattituck, NY 11952 11771 TOWN OF SOLITItOLI OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 November 21, 1983 Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Appeal #1987 Galgano 280a Appeal #2959 Schwartz 280a Gentlemen: We have received a request from the offiee of Wickham, Wickham & Bressler, ?.C., for Notice of Disapproval for the proposed re-subdivision of property owned by John M. & Frances C. DiVello, copy of survey herewith. The proposal is to abandon an under the above actions, that runs subdivision and locate a new R.O.W. #1. existing R.O.W. approved thru lot #1 of this proposed at the easterly side of lot It would appear that a 280a will be needed for R.O.W. and that the property owners who are subject this access be notified accordingly. this new to using Your~tru~/ . Building & Housing Inspector EFH:ec Attch. LOCATION MAP MAPES CREEK MINOR SUBDIVISION PLAN FOR JOHN M.D~VELLO ~ FRANCES CD~VELLO AT MATTITUCK TOWN OF $OUTHOLD SUFFOLK COUNTY, N~W YORK NO 80'100 400 OBTRANOER AVENUE I~, -'~ YOUNG & YOUNG RIVERHEAO, NEW YORK Legal Notices LEGALNoTICE NOTICE IS HEREBY GIVEN, pUrSuant to Section 267 of the Town Law and the ~revisions of the Amended ode of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. AppliCation of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irvin~ L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town LAw Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold/NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 7:40 p.m. Application of'~ rthur M. Schwartz, M.D., 240-11 Maryland Road/ Douglaston, NY 11363 for Variance for Approval of cess, Art. 16, Sec. 280A, over a new right-of-way located off[ the northeasterly side of West-~ phalla Avenue, Mattituck,~ NY; bounded north by{ Howard's Branch; west byJ Berner; south by Penny andJ ano.; east by Munz; County[ Tax Map Parcel No. 1000-113. '~ 7:45 p.m. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use acqessory building for habitable ~accessory use. Location q~roper ty: 8220 Main Road,~Enst Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & uno.; west by Cotrene & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.m. Application of Richard Zeidler, 55 Whippeor- will Lane, Patcbe~e, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducin~ sideyard area. Location of Property: McDonald Road, Laurel, NY; hounded northeast by Chisholm; southeast by Great Pecenie Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Willlston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of- way off Main Road, East Marion, NY; bounded north and south by 8~vick: west by Swick, and Wnglom; east by Swick and J~/yne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Matiituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) Ill for permission to erect an off-.premises advertising sign in an A- Hesidential and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 4~, Cutchogue, NY; fu~her ident~ied as County Tal~p Parcel No. 1000-101-1-4. -- 8:15 p.m. Application of Mattituek Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off- premises advertising sign in a B-1 Zone, upon property of H. Nine, located at the southeast corner of C.H. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urlst, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141- 8:15 p.m. Application of Mattituck Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [fl for permission to erect an off-premises adver- rising sign in an A-Residential and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Mattituck, NY; further ident- ified as County Tax Map Parcel No. 1000~120-3-8. 8:30 p.m. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9- 1.4. Dated: April 3,19~2. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalskl, Secretary 1TA8-3928 1 .... Adel and McGuire; County ......................... Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattiturk Chamber of Com- merce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [fl for permission to erect an off-premises adver- tising sign in an A-Residential and Agricultora] Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, ~ DE es March NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and provisions of the Amended Code of the Town of $outhold. a Regular Meeting and the following public hem'ings will be held by the $onthold Town board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Wednesday. April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, .N.Y. (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law.- Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Seuthold, N.Y.; bounded north by Sunset Knoll Association; east by Sunset P~th; south by Offenheiser; west by L.I. Sound; County Tax Map No. · Application · Schwartz, M.D. 240-11 Maryland Road, DonB- laston, N.Y. 11363 for a Variance for Approval of/ I Access, Art. 16, Sec.' 280A, [ over a new right-of-way lecated off the northeasterly side of Westphalia Avenue, Mattituck, N.Y.; bounded north by Howard's Branch; west by Bernerl south by,. Penny and eno.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1, _~-~ p.m. Appllcatio'n of Gerasimos Florevantes, 265 Fourth Avenue, Brooklyn, N.Y. 11215 for a Variance to the Zoning Ordinance, Article HI, Section 100-30C for per- mission to use accessory building for hebit~ble guest accessory use. Location of Property: 8220 Main Road, East Marion, N.Y.; bounded north by Main Ro~; east by Amott & eno.; south by Smith &ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. 8:05 p.m. Application Richard Z~idler, 55 Whippeer. will Lane, Patcbogue, N.Y. for a Variance to the Zoning Ordinance, Article I11, Sec- tions 100-31 and 100-36 for permission to construct ad- dition to dwelling reducing sideyard area. Location of ~. Property: McDonald Road ~?'.,~- '.Laurel, N.Y.; bounded north- :'!: east by Chisholm; southc&st COUNTY OF SUFFOLK STATE OF NEW YORK $s: Patricia Wood, being duly sworn, 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 .................. ..~. ................... weeks successively~z~ommencing/~ '~ __°~n the ...... ...~.... ........................ day .......... , .......- Sworn to before me this ............... X....~... ......... day of ............. ~....., 19..~.....~' Mattituck, N.Y.; further idi~n- , tiffed as County T~x Map ; 8:30 p.m. ApplicatiOn, of ........... 'William J. and Ruth Boylhart, .,,.by William B. Smith, 220 Mechanic Street, Southold, ' N.Y. for a Variance to the Floodplain Management Law, . Chapter 46, Section 46-18A for %. ., ~ ~- ~. , permission to construct lowest ', ,~..~ ! ~..~.~ ~ ,,,~ ~,,. ~_~._~ floor below the minimum- required base flood elevation of Property: 1370 Latham Lane, Orient, N.Y.; Subdivi- sion of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer Chairman By Linda KoWalskl Secretary "/1T-4/8/82(101) Southold Town Board of Appeals -3- April 14, 1982 (Appeal No. 2961 - Ewald Karbiner & ano., continued:) CHAIRMAN GOEHRINGER: Is there anybody else that would like to speak in behalf of the application? Does anybody wish to speak against the application? (None) Any comments from the board? (None) You mentioned, Mr. Price, that you were down there recently. We were down there a week this past Saturday, and we were there on a very bleek day and the right-of-way looked very, very good at that particular time. Hearing no further comments from anybody, I'll make a motion closing the hearing and making decision at a later time. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2961, application of Ewald Karbiner and Joseph Tomitz. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and ,Sawicki. PUBLIC HEARING: Appeal No. 2959. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, New York Town Law Article 16, Section 280A over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. The Chairman opened the meeting at 7:40 p.m. and read the legal notice in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a large sketch prepared by Young & Young, L.S. dated January 18, 1982 indicating the traveled road which the Board of Appeals granted access over some time in the earlier part of the year, and the survey indicates the new right-of-way which is now existing in the nature of this application. And we have a copy of the Tax Map indicating the particular property and the surrounding proper- ties in the area. Dr. Schwartz, did you wish to say something in behalf of your application? DR. ARTHUR M. SCHWARTZ: It says most everything. Thank you very much for the opportunity and also to thank you for the building permit...the house is almost ready to be lived in, so we've moved along very quickly. I think it speaks for itself plus the survey. I did one other thing, and that is there is a large photo showing what would be entailed. This is that junc- tion where the traveled road and the new right-of-way are. And Southold Town Board of Appeals -4- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D., continued:) DR. SCHWARTZ continued: now you can see this right-of-way that was put in by Mr. Wells last year follows the power lines, and I had spoken with Mr. DiVello before and Mrs. Galgano and learned that Mr. DiVello was planning a new entrance over Westphalia, and tried to make this right-of-way come close to that new entrance. Also, with the help of some neighbors and also the title company, we secured the old Liber which showed a right-of-way along the south boundary. And the survey drawn by Mr. Young shows that the road that was put in, a 15-foot width, begins at this junction of the traveled road and you can see it right here. Now, to widen this access road, the traveled one, it is lined on each side by trees and now it measures somewhere between 10 and 11½ feet, and to bring it to 15 would mean to remove those trees. And I would suggest also that everyone's property now is on one side of a road and it's not cut through by an access road, and I'm asking that this new road be granted right of access in ~ts present condition. It came through the winter really quite well. Large trucks have used it dur- ing the construction of the house including transit mix and it has done very well. There is one little area that has a little mud there now but can be easily fixed up. Now the only person that I see it making some hardship for, and that could be corrected, the drawing here is not accurate. Actually the road stops about there. And it makes it a little hard for Mr. Munz and I've spoken with Mr. Wells and we could round off that corner making it easier for him to join up with this road, or if he wished, to continue it on into his property. It drains very well, and as I said came through the winter in quite, good shape. Thank you very much. CHAIRMAN GOEHRINGER: Thank you very much. else that would like to speak in behalf of this Yes, sir? Is there anybody application? WILLIAM WICKHAM, ESQ.: I asked to be heard at this time. I'm not exactly -- I'm sort of inbetween. I represent Mr. Berner through whose property this right-of-way has been constructed, and while it was a little bit of a shock to find a new right-of-way there, I can fairly say I think that it's the beginning of the ultimate solution to a very naughty question up there with a meandering right-of-way. Our only problem is probably more of a legal one than it is one before this bureau or this department, for the reason that eventually.., oh right now we have two rights-of-way...if we're going to use the new one that's put in, we certainly would like to have releases on the present one...the meandering one. And otherwise from that, if we go to mortgage to sell or anything like that, we're going to have an objection to title. Southold Town Board of Appeals -5- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D., continued:) MR. WICKHAM continued: Now there was one other matter I wanted to bring up, and the Doctor has already brought it. Gail was supposed to be here to represent Mr. DiVello. She is tied up in Justice Court. Mr. DiVello, of course, would like to have the right-of-way swing down by the side of his property rather than go through...it's a rather naughty thing to have a right-of-way go right through the property and you can't do proper landscaping like that. I bring that up to make you aware of it, and the Doctor has already made you aware of it, but we would like to work that out between the parties if we possibly could. CHAIRMAN GOEHRINGER: Does Gail want to be heard? MR. WICKHAM: Well, I think the ole man can speak for her right now. Unless you have any other questions. CHAI~4AN GOEHRINGER: In asking you about that, in order words you're talking about what. Maybe you could point this out to me? This triangle is where you want to change the entrance? MR. WICKHAM: there. It isn't to Westphalia at than it is going Yes. Right down there...swing it right down a right angle by any means but the entrance in- least going to Mattituck would be a lot easier this way and swinging back. CHAIRM3LN GOEHRINGER: Has anybody spoken to the surrounding property owners, Mr. Galgano. o. MR. WICKHAM: I think they are all aware of it, aren't they, John? JOHN DIVELLO: Yes I believe Gail has done that. CHAIRMAN GOEHRINGER: Mr. Munz, too? MR. WICKHAM: I don't know whether Mr. Munz -- I don't know about. MR. DIVELLO: He knows of it. MR. WICKHAM: But I just bring that to your attention. is something we would like to work out. It CHAIRMAN GOEHRINGER: Do you think you will come back to the board with a revision of this 280A, or another application, Mr. Wickham? MR. WICKHA~: Well, it's whatever you feel should be done. We're not in a position to make an application now. I'm just bringing it to your attention. Southold Town Board of Appeals -6- April 14, 1982 (Appeal NO. 2959 - Arthur M. Schwartz, M.D., continued:) MR. WICKHAM continued: If we can do it on behalf of Mr. DiVello, certainly I would like to do it with notice to the others, of course. CHAIRM3~N GOEHRINGER: Thank you very much. Is there anybody else who would like to speak in behalf of this application? Anybody to speak against the application? Any questions from any board members? (None) Hearing no further comment on either side, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2959, Arthur M. Schwartz, M.D. / Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2960. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for per- mission to use accessory building fo~ habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. The Chairman opened the hearing at 7:52 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of the existing survey, I can't see the date, indicating the property which is 40,000 square feet and we have a copy of the tax map indicating this particular property and the surrounding properties in the area. Who would like to speak in behalf of the application? Sir? DAVID KAPELL: My name is David Kapell on behalf of Mr. Fioravantes this evening to describe the planned action. What we intend to do is to take an existing building that has been on the site I'd say for in excess of 50 years and convert its use from a storage building to that of guest facility to house friends of Mr. Fioravantes. In no way is this structure intended for rental use and no cooking facilities whatsoever will be provided on the premises. It's strictly a guest accessory use. Mr. Fioravantes bought this property somewhat over a year ago, has APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£Appeals IVlAIN ROAD - STATE ROAD 25 5I'I-lUTHOI-D. L.I., N.Y. '119'71 TELEPHONE (516) 765-1809 April 22, 1952 Arthur M. Schwartz, M.D. 240-11 Maryland Road Douglaston, NY 11363 Re: Appeal No. 2959 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. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 513UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI April 27, 1982 Arthur M. Schwarotz, M.D. 13 Welwyn Road Great Neck, NY 11021 Re: Appeal No. 2959 Dear Doctor Schwartz: Please be advised that the board reviewed your recent letter dated April 20, 1982 and it is the unanimous agreement of the board members not to rehear, change, modify or amend the board's decision as rendered on April 14, 1982. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary Southold Town~ard of Appeals -March 19, 1982 ENVIRONMENTAL DECLARATION. Appeal No. 2959. Application of Arthur M. Schwartz, M.D. for approval of access over new right-of-way off Westphalia Avenue, Matt~tuck, NY. On motion by Mr. it was Douglass, seconded by Mr. Grigonis, RESOLVED, to declare the folloWing Negative Environmental Declaration concerning the matter of Arthur M. Schwartz, M.D.: 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. A variance for approval of access does not include apProval of any particular construction and therefore does not have any affect upon the environment. 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: Right-of-way off Westphalia Avenue, Mattituck, NY; 1000-113-9-10.1. Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer, Grigonis and Sawicki. Member Doyen was absent. K JUDITH T. TERRY TOW~ CLERK REGISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 March 10, 1982 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2959 application of Arthur M. & Roseanne K. Schwartz for a variance - Approval of Access. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures TOWN OF SOUTHOLD, NEW YORK MAR ! O 198Z APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ARTHUR ~. SCHWARTZ . 240-11 Nk~RYLAND ROAD 1, (We) ................................................................. or ............................................................................ Nome of Appellant Street and Number D0UGLASTON ·, N.Y. N.Y. ll3.bI~REBY 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 Name of Applicant for permit of .:.:..,' .......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY JJW original Approval of access over~exisitingXroade N ot~lJm existing right-Of-way· 1. LOCATION OF THE PROPERTY ~g..r..t.h9.a...~.~..e..r.~..~.~...d..e..~g..f.~..W..e..~...t.p.h...a..l...i..~.....A...v..e. .............. Street Use District on Zoning Map District 1000,00 Section 113·00 Block 09.00 Lot 010.001 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.) -- ' ~ectzon i0~Z14~(B) 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) (J'm.~,,~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 (X) request for a variance and was made in Appeal No...292.~ .................... Dated .~.~..C,..-~.].9.~.~, ............................................. REASON FOR APPEAL (x) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ) is requested for the reason that The traveled road is not the original road of access· The original road follows the south boundary of the properties. The original road allows full use of all property. The original road does not require removal of any mature tress. The original road is straight and follows the power lines. The original road has excellant drainage. ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesocu~nec~ sary HARDSHiP because it would mesz~ the removal of twenty two mature trees to obtaSn the fifteen feet in width. It divideds ~he propertzes and doesn't allow full usage. The qualzty and beauty of the area would be destroyed for the next 25-30 years until the trees would be replaced. While the traveled road could be made wider and clear of trees the bends and curves Would remain. It would prove most difficult for any emergency vehicle to use 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. The Board of Appeals is asking one owner to make this improvement while 4 property owners will have the free use of the road of access. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Variance that I am requesting would go far to maintain the c~aracter and spirit of the exisiting community. The right of way that I am suggesting is receded in Liber 984 c~p 99 and a copy is attached. It is dated 9/12/19191 Sworn to this ................ /...~."~"~ ............... day of ............ /~.~K'~,~i ............... ' ......... 19q'c9- ELIZABb'TH ANN NEVILLE I~IOTARY PUBLIC, State I~ NeW Y~'II Ne; 52-8125850, Suffolk C~ Term ExpJreJ March 30, Llber 98~ cp 99 RIGHT OF WAY: From Lauretta Helen Meday and Henrietta Augusta Meday to Mabel L. Bubier, dated 9-$-1919 recorded 9-12-1919 in Libor 985 cp 99. And the parties of the first part reserve to themselves, and to their heirs and assigns forever,'a right of way fifteen (15) feet wide for egress and ingress across the southerly border of the premises herein described leading from other lands belonging to the heirs and assigns of Lizzie Y. Meday to the East of the premises herein described to the right of way conveyed with the premises to the public road hereinabove described across the Southeasterly corner of land now or late of William B. Codling said right of way to be for the use, benefit and advantage of .the parties of the ' first part, their heirs and assigns, with the right at all times to pass and repass on foot or with animals and vehicles over said right of way, and the right to maintain and keep said right of way in proper condition for passage, subject, however, to a discontin- uance of said right of way and every part thereof hereby reserved to the parties of the first part in the event that the party of the second part should acquire title to the premises adjoining the premises herein conveyed immediately to the South thereof and up to the public highway, in which event the said parties of the first part, their heirs and assigns, shall releas~ the premises herein conveyed from the said right of way across the southerly border thereof, and the said p~rty of the second part, her heirs and assigns shall grant to the said parties of the first part, their heirs and assigns, and the said parties of the first part, ~heir heirs and assigns, shall have a right of way 15 feet wide across the Southeasterly corner of the premises herein conveyed and southerly across the Said premises immediately to the South thereof tS the said public highway with the right at all times to pass and re-pass on foot or with animals and vehicles over said right.of way! and the right to mai2tain and keep said right of way in proper condition for passage. BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold : TO: Mr JoBn DiVello Westphalia Road Mattituck., N.Y. 11952 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: To have the ori~ina]. road of access described in Liber 984tcp99 be made the official road). of access. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: The right af way traverses your lot ~7 from west to e.aST, 3. That the property which is the subject of such Petition is located in the following zoning district: 4. ThatbysuchPetition, theundersigned willrequestthefoUowingrelief: That the right of way which passes thru your lot #7 be made the road of access. officially 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 280A subsection 3 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (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: March 3,1982 Arthur M. Schwartz., M.D. Petitioner Rosanne K. Schwartz Post Office Address 2hO-11 Maryland Rd Douglaston.~ N.Y. 11363 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Charles Berner John DiVello Mrs. Carol Galgano Mr. Roger Muntz P'.O. Box 870, Mattituck, New York 11952 Westphalia Road, Mattituck, New York 11952 37 Laurel Cove Rd., Oyster Bay Cove, N.Y. 11771 P.O. Box 429, Jamesport, New York 11947 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: · being duly sworn, del~os~s'~nd's~ys t~at 'oh t~e !//~.~. day , deponent mailed a true copy of the Notice set forth on the re- ve~e sid~ he/eof~ directed to each of the above-named pemo~s at the addr~s~ set opposite thor respective name; that the addres~s set opposite the names of ~id persons are the address of said persons as shown on the current ~ms~Rt [oll of the Town of Southold; that said Noticm were mailed at the United States Post rice at ~ ~ 1~ ,~ ~ ,9 / ~ ~ F~,~( ~; that said Notic~ were mailed to each of ~id persons by (certified) (~g]ste~ea) mail. ' / ' ' Sworn to bef~ me ,hi~ /4~ , day of /Y )~vC~ , 19~ _ ~- NotarvTublic { -- ELI~B~H ANN NEVI~E N0~A~ PUBLI0, ~ate of New Y~ No. SZ-8~Z~. Suffolk C~ StIORT Eh/]RO,,,E~,TAL ASSESSh4ENT FORl,t ~NSTRUCTIOHS: '--- (o) In order to answer tile questions in thls short EAF it is'assumed that the preparer ~ill use:currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not (d) ". significant. Environmental Assessment l. Will project result in a large physical change to the project site Or physically alter more than 10 acres of' land? ........................ ¥1111 there'be o major change to any unique or -unusual land form found on the site? .......... 10. "11. 12. 13. 15. 'Yes, ~, No Yes. ¥/ill project alter or have o large: effect'on existing body of water? ....................... . Y~s, ¥/ill project haVe o potentially large impact , . on groundwater quality? ....................... Yes. ~ No_ ¥;ill project significantly effect drainage flay on od3acent sites? ¥;ill project affect any threatened or endangered plant or animal species? ........... ¥/ill project result in o major o~verse effect ' on air quality? ¥;ill project hove o major effect on visual character of the community or scenic views or vistas known to,be important to the community?. %';ill project o'dversely impact any site or .. structure o{ historic, prehistoric or paleontological importance or any site designated os o crlticol environmental oreo by o local agency? .......... · . ~:...~-;-.~......... Yes. ~No ¥7ill project hove o major effect on existih9 or future recreational opportuniti~s?.~ ....... Yes ~ No %~ill project result in .major traffic problems oK cause o major ef£ect to ex.isling transportation systems? ....................... . ¥~ill project ~regulorly cause objectionable odo~s, noise, glare, vlbrotion, or electrical ~isturbonce os o result of the project's opero~ion? ; ¥~ill project hove c.~y impact on public health or.safety? .................................... _. ¥;ill p~oject affect the existing community by" directly causing o growth in permanent population of more than 5 percegt over o one year period or hove o major negative effect on the character of the community or neighborhood? ............ .__ . . _ _ _ .._.-- .-. ls there public'C°ntroVersy'Co~cerning'the' project? ...................................... Yes. ,~ Nq Yes. ~( No .Yes. ~ No Yes ~ No Yes, K No Yes, '~ No Y es_y _Na (Today's Da~e)' To: Southold Town Board of Appeals Hain Road Southo!d, NY 11971 Re: Appeal Application of Locatio~n ,of, Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Par~t 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that ~he subject property in the within appeal application: (please check one box) [ ] [ ] not appear to 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.* ~4ay be located within 300 feet of tidal wetlands;. however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. . May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, M~TTi5UCI~ O? LILCO ~LILCO '3 2£'29' gO' E. ~0 ©~0 SQ. Gd/~,k'AN'l E E D ~,1: ¥' ..... ' ...... ............. 309 9a ~-3.i4' 4o' oo' w' SC, ZOOO ,i 733.77 NOTE= M=MONUMENT 1.60 OF Arthur penny ErneSt / ~o$oner~ SURVEY FOR ARTHUR M. SCHWARTZ AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE : JAN, 18, 1982 SCALE: 1"=40' NO, 82-8 YOUNG a YOUNG ALDEN ~ YOUNG~PROFESSIONAL ENGINEER AND LAND SURVEYOR N,~5. LICENSE N0.12845 HOWARD W. YOUNG, LAND SURVEYOR N.~S. LICENSE NO. 45893 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK