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Home My WebLink About2964 £ .4pp Southold T wn Board o eals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2964 Application Dated March 26, TO: Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 1982 [Appellant(s)] At a Meeting of the above on your [ the Zoning Board of Appeals held on June 17, 1982 appeal was considered, and the action indicated below was taken 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 IX] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this matter was held on June 17, 1982. Upon application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road, Matti- tuck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000- 141-1-37. The board made the following findings and determination: By this appeal, appellants seek approval of insufficient area of two proposed parcels, 17,178 square feet and 18,600 square feet, and approval of insufficient width, 106.66 feet and 100 feet along Horton Avenue, respectively. Parcel I is a corner lot. Both proposed parcels are zoned "A-Residential and Agricultural" and were part of a major subdivision entitled, "Edith M. Young, Mattituck" of 1948, consisting of four 50' lots. A majority of the lots in the surrounding neighborhood are generally of the same lot size and shape, and it is the feeling of the board that by not allowing the variance, the property will be sub- stantially larger than those in the surrounding area. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; 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 ~romote the general pur- poses of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the application for RAYMOND AND JOAN YOUNG for approval of insufficient area and width for two parcels located at Horton Avenue, Mattituck, be and hereby IS APPROVED AS APPLIED FOR in Appeal No. 2964. Location of Property: Horton Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-141-1-37. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawi~ki. This resolution was unanimously adopted. DATED: July 8, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Form ZB4 (rev. 12/81) OF A PPEAL~_~_ ~//~~ APPROVED CiiaJrmaa 8o,]rd of Appeals RECEIVED AND FILED BY T~x souT~o~ Tow~ C~E~K ~^~ 7/1'~/~o- ~ou~ l o: ~.~.,',~ Town Clerk, Town of S~old Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, ~ursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, June 17, 1982 commencing at 7:00 p.m. and as follow: 7:00 p.m. Application of Bouton Services Inc., for JOHN J. BOGERT, Fox and Crescent Avenue, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exceeding the height limitation for accessory structures. Location of Property: Private Road, Isa- bella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold; bounded north by Laughing Waters; west by Tschiember; south by Minnehaha Boulavard; east by Young; County Tax Map NO. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two-lot division of property located at Stillwater Avenue, Cutchogue, NY; bounded north by Stillwater Ave., Kiernan, Annabel; west by Stillwater ~,~ south by Stillwater Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Lane, Southold, Article III, Section exceeding the height Location of Property: north by Horton Lane; Kempner; west by Booth and others; 1000-54-7-1.004. Application of JOSEPH W. HAWKINS, 7085 Horton NY for a Variance to the Zoning Ordinance, 100-32A for permission to construct windmill limitations for accessory structures. 7085 Horton Lane, Southold, NY; bounded east by Sheffield; south by Kramer & C~unty Tax Map Parcel No. ~age 2 ies Legal Notice of Hear Regular Meeting for June 17, 1982 'Southold Town Board of Appeals 7:20 p.m. Application of MIRIAM BATSON, 443 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct an addition to existing dwelling with a reduction in rearyard setback at Bayview Drive, East Marion; more particularly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and 124; County Tax Map Parcel No. 1000-37-4-3. 7:30 p.m. Application of SERPENTINE REAL ESTATE CORP., 695 DiEllen Lane, Elmont, NY (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to have dwelling (converted from a barn) with an insufficient sideyard setback at 45300 Main Road, Peconic (near Southold); bounded north by Main Road, Cappa and Terry; west by Gradowski; south and east by Lappe; County Tax Map Parcel No. 1000-75-6-9.2. 7:35 p.m. Application of ESTELLE L. WEINRIB, 27 West 86th Street, NY, NY 10024 (by Norman Addy) for a Variance to the Zon- ing Ordinance, Article III, Section 100-32 for permission to construct accessory building in the sideyard area at 3400 Ole Jule Lane, Mattituck; bounded north by wood; west by Canal; south by Kimmins; east by Ole Jule Lane; County Tax Map Parcel No. 1000-122-4-20. 7:40 p.m. Application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. 7:45 p.m. Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct 6'-high fence in the frontyard (which would exceed the 4' height limita- tion) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision, Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Lane, Greenport; bounded north by Mellas and Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. '~age 3 Legal Notice of Hearzngs .Regular Meeting for June 17, 1982 Southold Town Board of Appeals 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino & ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000- 97-9-10.1. 8:10 p.m. Application of ELWOOD AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104-4-1. ~ 8:15 p.m. Appl±cat±on of RAYMOND AND GOAN YOUNG, by R±chard F Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art±cle III, Section 100-31 for approval of ±nsuffScient] area and width of two proposed parcels at the corner of Horton lAvenue and Shirley Road, Mattituok; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. 8:30 p.m. Application of GERTRUDE K. REEVES, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; west by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8-20, 21, 23, 26. 8:45 p.m. Application of JAMES MANOS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for Approval of Access, New York Town Law, Section 280a. Location of Property: 400 feet easterly of Mill Road, Mattituck; bounded north by Bungalow Lane; west by Private Right-of-Way, Janis and others; south by Private Right-of-way, Wick and others; east by Boechman and others; County Tax Map Parcel No. 1000-113-6-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permis- sion to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map rParcel No. 1000-142-1-26. 9:05 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Special Exception to the Zoning Ordinance, .P~ge 4 ~s Legal Notice of Heari Regular Meeting for June 17, 1982 ~outhold Town Board of Appeals Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-1. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora and Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. 9:30 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esskes, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-90 and Article VIII, Section 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100-90A to the effect that a "windmill farm" is a permitted industrial use in this zone. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: June 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, Thursday, June 10, 1982 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY on or before June 16, 1982. FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ ..................... ~ .~... / ~ q 7~ PLEASi TAKE NOTICE that your application dated ................ . ..... .ff..~.., 19 ~ for permit to cons ......... : .......... [2 ' ' '~' .............................. '~ ....... Location of Property ...... ~, · ,~e'~ · i .'~-., . .~/e~?(-~- ......... .~..-'~' · House No. Hamlet County Tax Map No. 1000 Section ...... ],~.[ ..... Block ......... /.... Lot '~ ~., Subdivision ................. Filed Map No .... ~'~... ~ ..... Lot No...,,-y-~-~ ........ is returned herewith and disapproved on the following groun2(.~/.~...~..~. · .'rYe. · · . .tf~..~..- .'~...4. · ,z.<~'.,A~..: .... ~.'¢~ ..... ,: ~.?:?./ ....................................... ...... . . . . . . . . .. ........ .~. ~.~. .:~,. . . ~. . ?~. . .~. . .~ .... ,. . . . .~'.~. . .... .,9. ~. .~.~.-:. ~.~. . . .... Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 3¢~: (We) .i~.. ~?}9~D... ~'.t .. ~;.N. ~....a,a.,~... g'.O.....~i./~.~.(~.., of ....(..N.9....~.)....~.,°.~0..~....~..v..e..q.g.e. ................................. Name of Appellant Street and Number Mattituck~ N~w York 11952 ....................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...[.e..b.~..~..~...2.]x..~.8.~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO RAYIAOND L. YOUNG and JOAN YOUNG 9/9..-~¥~ ..~ :...~.k. ........................................... Nome of Applicant for permit P. O. BOx 973, Cutchogue, New York 11935 Street and Number Municipality State PERMIT TO USE of ( ( (x) PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE Corner of ~or=on Avenue ~ LOCATION OF THE PROPERTY $hir~.e3..~ad~.~E~k~.N~]~.A~.".~.R..e..s..i.'d.~e.n.t..i..a..~.~..&.~...A~. .r..icultural Street Use District on Zoning Map District 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.) ARTICLE III, Section 100-31 3 TYPE OF APPEAL Appeal is made herewith for (X) 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 Jt~V~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that Petitioners wish to diviUe their property located on the corner of Shirley Road and ~orton Avenue, 14attituck, New York, into two lots with insufficient area and width as shown on a copy of the survey of the premises prepared Dy Roderick Van Tuyl, P.C. dated February 19, 1982, attached hereto as ~xhibit A. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Petitioners are the owners of a parcel of property which they have owned since 1959 containing an area of 35,778 square feet having 145.92 feet of frontage on Shirley Road and 206.66 feet of frontage on Horton Avenue, Mattituck, New York. Petitioners purchased two (2) building lots on December 23, 1959 from ~a~th Young, but the buildin9 lots were merged since Petitioners obtained the property under one deed in both their names. There is presently an existing one family dwelling in which your Petitioners reside located on the northwesterly portion of the prop~z~cy (proposed Parcel I). Petitioners desire to subdivide this parcel of land into two lots as seen from Exlutbit A. Parcel I as proposed would contain the existing house, 17,178 square feet of area, 145.92 feet on Shirley Road and 106.66 feet on Rorton Avenue. Parcel II as proposed would be vacant land and contain an area of 18,600 squ~re and 100.0 feet of road frontage on Horton Avenue. Petitioners' parcel of land is outlined in red on a copy of a map pre.red for Edith M. Young in March, 194~ by Otto W. Van Tuyl, Greenport, New ~ork, attached hereto as Exhibit B. As seen from Exhibit B this is an established neighborhood and most of the parcels are 100 feet or less in width. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinily of this property and in this use district because the neighborhood has been establishea for a long period of time prior to the enactment of the Zoning Ordinance of $out~old Town and virtually all of t~s properties in this neighborhood and the existing structures thereon are non-conforming in some respect un. er the current ordinance of the Town of Sour]]old. To require your Petitioners to retain this large parcel of property in this particular neighborhoo~ will place ap unnecessary buxden on your Petitioners. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Cf~ARACTER OF THE DISTRICT because an ins~,ection of the prc~erties in this neighborhood reveals they are devoteo exclusively to residential,~use. The surrounding properties ere ~enerally smaller than allowed by our present zoning requirements. By allowing Peti- tioners to divide this property will be in conformity with the existing neighborhoo~ and the interest of justice will be served by allowing same. STATE OF NEW YORK ) ) ss COUNTY OF SUF¥OLK ) Sworn to this ........ 25th ............................. day of March ....................... 1982 Notary Public I IICi: 'U'NTY Of $1J'ffOLk DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals August 23, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications whinh 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. Applicant Municipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Young Lucy E. Michaels Henry S. Kozen Gerard Galliano Estelle L. Weinrib Elwood & Carol Hughes Annette Golden Carnes Warren E. & Ellen Hufe John E. & Patricia A. Clark 28O5 2946 2964 2989 2990 2993 2994 2995 2997 3009 3010 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. New, nan Chief Planner HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. $outhold, N.Y. 11971 TELEPHONE 765- 1938 May 13, 1982 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Raymond & Joan Young minor subdivision Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board, Monday, May 10, 1982: RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Raymond & Joan Younq, located at Mattituck. An initial determination of nonsignificance has been made. kESOLVED that the $outhold Town Planning Board approve a set off (106-13) on the property of Raymond & Joan young as designated on the minor subdivision map dated February 19, 1982 subject to receipt of six (6) copies of the final map and the applicant receiving ap- proval from the Zoning Board of Appeals within six months from date of resolution. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Board of Appeals/ Building Department By Susan E. Long, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. TELEPHONE (516) 765-1809 Southold Town Planning Board DATE: April 16, 1982 SUBJECT: Matters Tabled Pending Planning Board Comments The following is a list, as of today's date, of the matters before the Board of Appeals which have been tabled pending review by and receipt from your board concerning the subject subdivisions and their proposed layouts: BOOS, NORMAN C. Appeal No. 2914 GOLDEN, GRACE Appeal No. 2958 HARREN, HUBERT Appeal No. 2945 KUJAWSKI, PETER Appeal No. 2946 MANOS, JAMES Appeal No. 2970 REEVES, GERTRUDE K. Appeal No. 2962 WILSBERG, ERNEST E. Appeal No. 2811 ~UNG, RAYMOND & JOAN Appeal No. 2964 Once you have determined that the layout of the subdivision appears satisfactory, please let us know as early as possible in order that we may arrange to schedule them for public hearings. Also, any time you may need information from our files, we will be glad to provide you with same. APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 3, 1982 Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 2964 Application of Raymond and Joan Young Dear Mr. Lark: Upon reviewing the recent appeal application of Mr. and Mrs. Raymond Young, please be advised that the following action was taken by the Board of Appeals at a Special Meeting held April 3, 1982: RESOLVED, to table Appeal No. 2964, application of Raymond and Joan Young pending review and approval by the Planning Board concerning the proposed subdivision of property. This resolution was unanimously adopted. If you have any questions, please do not hesitate to call our office. lk Yours very truly, C H~ 'r RI~,N · BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of. Appeals at the Town Hall, Main Road, Southold. N.Y.on . Thursday, June 17, 1982 commencing at 7:00 p.m. and as follows: construct addition to dwelling with an insufficient rearyard setback at 46 Sunset Lane, Greenport; bounded north by Mellas and Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4.63. 7:55 p.m. Application of Peter Kujawski, by Stanley -- Corwin, Esq., 634 First Street, Greenport, NY for a Var/once: (1) to the Zoning Ordinance, Article 111, Section 100-31 approval of the insu yard setbacks due to location of new lot line, and (2) to New York Town Law, Section 280a for Approval of Access. Location of Property: 3275 Skunk Lane, Cutchogue; bounded north by Bay Homes Subdivision, and Kujawski; east by Pontino and aha; south by Marco; west by Skunk Lane; .County Tax Map Parcel No. 1000-97.9.10.1. 8:10 p.m. Application df Elwood and Carol Hughes, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordi- nance, Article III, Section I00-31. for permission construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Part of Lot 130; County Tax Map Parcel No. 1000-104-4-1. p.m. Application bOy~ Raymond and Joan Young, Richard F. Lark, Esq.,Mare' Road, Cutchogue, NY for Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of insuffi- area and width of two Avenue and Shirley Mattituck; by Young and other ' Road; south by Hor~on Avenue; east by Parcel No. 1000-141. 8:30 p.m. Application of Gertrude K. Reeves, by RiChard p. Lark, Esq., Main- Road, Cotchogue, NY for a Variance to the Zoning Ordi. nonce, Article III, Sectio~O' 100.31 for approval of insuffi: clent depth of parcel(s) locatd COted off Cedar Birch Road; Orient; bOUnded north by Main Road; west by Browner and Cedar Birch Road; south by Gardincr's Bay; east by Cedar Birch Road; County Tax Map Parcels No. 1000-15-8.20, 21,23,26, 8:45 p.m. Application of James Manos, by Rudolph H. BrUer, Esq., Main Road. SOUthold. NY ~'n~- o ,,__, COUNTY OF SUFFOLK STATE OF NEW YORK $5: Pctricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is o printed copy, k. os been published in said Long Island Traveler-Watch- men once each week for ........................ ./.. ............. weeks successively, commencing on the /~; ~'-~ , day o ........................................... , /y ...... ........ : ........ Sworn ~.fore me this ................................ day ............... ........ , of Legal Notices _._ . ,:40 p.m. Application of LEGAL NOTICE NOTICE IS HEREI~y GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended. Cede of the Town of Southuld, the following matters will he held for public hearings by the Soatheld Town Board of Ap- peals at the Town Hall, Main Road, Soufhuld, NY on Thurs- day, June 17, 1982 commenc- lng at 7:00p.m. and as follow i 7:00 p.m. Application of t Bouton Services Inc., for ! JOHN J. BOGERT, Fox and /Crescent Avenue, Fishers Is- , land, NY for a Variance to the ' Zoning Ordinance, Article III, Section 100-32 for permission to erect antenna tower exe~~'' lng the height limitation for accessory structures. Location of Property: Private Road, Isabella Beach, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-3. 7:05 p.m. Application of LUCY E. MICHAELS. 3570. Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission ' to construct deck addition to dwelling with an insufficient rearyard setback at 357O Min- nehaha Boulevard, Southold;. bounded north by Laughing Waters; west by Tschiemher; south by Minnehaha Boule>-' yard; east by Young; County Tax Map No. 1000-87-3-7. 7:10 p.m. Application of VINCENT W. ANNABEL, Stillwater Avenue, Cutchegue, NY for a Variance to the Zon- lng Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of one parcel proposed in a two- lot division of property located at Stillwater Avenue, Cut- Chogue, NY; bounded north by Stillwater Ave., Kiernan, An- nabel; west by Stillwater Rd.; south by Stillwatar Road; east by East Creek; County Tax Map Parcel No. 1000-137-3-8. 7:15 p.m. Application of ~OSEPH W. HAWKINS, 70~5~/I, tiortnn Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to con- struct windmill exceeding the height limitations for ac- cessory structures. Location of Property: 7005 Horton Lane, Southold, NY; bounded north by Horton Lane; east by Sheffield; south by Kramer & Kempner; west by Booth and others; County Tax Map Parcel No. 1000-54-7-L004. 7:20 p.m. Application of ~IIRIAM BATSON, 443 Main ~treet, Greenpert, NY for a Variance to the Zoning Ordi- ronco, Article III, Section 100- Il for permission to construc~ m addition to existing iwelllng with a reduction in 'earyard setback at Bayview )rive, East Marion; more ~articularly known as ~.ardiners Bay Estates Filed tap No. 275, Lots 123 and 124; :unnty Tax Map Parcel No. 000-37-4-3. 7:30 p.m. Applicaton of ERPENTINE REAL ES- , ATE CORP., 695 DiEllen ane, Elmont, NY (by Gary la.nner Oisen, Esq.) for a arlance to the Zoning rdinance, Article III, Sec- ~n 100-31 for perm!ssion to ~ve dwelling (converted om a barn) with an inauf- , geconic ear Southold); bounded rth by Main Road, Cappa d Terry; west by adowski; south and east by ppe; County Tax Map ~rcel No. 1009.754i-9.2. ?:35, p.m. Application of~ GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permissioh to construct garage in tho frontyard area at 2125 Pine Tree Road, Cutchogue; Nassau Farms Subdivision, Filed Map No. 1179, Lot N0. 19; County Tax Map Parcel No. I000-98-1-13. 7:45 p.m, Application of HENRY S. KOZEN, 1520 Donna Drive, Mattituck, NY,5 for a Variance to the Zoning.. Ordinance, Article III, Section 100-35 for permission to con- struct 6'-high fence in the frontyard (which would exceed the ~ 4' height limitation) at 1520 Donna Drive, Mattituck; Deep Hole Creek Estates Subdivision. Filed Map No. 4256, Lot No. 33; County Tax Map Parcel No. 1000-115-15-14. 7:50 p.m. Application of STANLEY AND MARY MOISA, 46 Sunset Lane, Groenport, NY for a Variance to the Zoning Ordinance, Art- icle III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback/ at 46 Sunset Lane, Greenpert; bounded north by Md/as and Ahaesy; east by Romei; south by Dinizio; west by Sunset Lane; County Tax Map Parcel No. 1000-33-4-63. 7:55 p.m. Application of PETER KUJAWSKI, by Stanley C. Corwin, Esq., 634 First Street, Greenport, NY for a Variance: (1) to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient yard setbacks due to location of new lot line, and (2) to New York Town Law, Section .260a for Approval of Access. Location of Property: 3275 Skunk Lane, ? B~atchogue; bounded north by/~ ay Homes Subdivision, an~ Kujawski; east by Pnntino & ano.; south by Marco; west by Skunk Lane; County Tax Map Parcel No. 1000-97-9-10.1. 8:10 p.m. Application of EL- WOOD AND CAROL HUGHES, 1711 Meadow Lane, East Meadow, NY 11554, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard at 6125 Skunk Lane, Cut- chogue; Nassau Farms '~ Subdivision, Filed Map No. ~i 1179, Part of LOt 130; County Tax Map Parcel No. 1000-104~),~ . 8:15 p.m. Application of RAYMOND AND JOAN - YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road,~ Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141- 8:30 p.m. Application of GERTRUDE K. REEVES, by ~ Richard F. Lark, Esq., Main/' Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of insufficient depth of parcel(s) located off Cedar Birch Road, Orient; bounded north by Main Road; West by Brawner and Cedar Birch Road; south by Gardiner's Bay; east by ~Cedar Birch Road; Count~, ~'a~ ~M..a.p_.P_a_rceh Ng..~000_15~ others; Co6~i~y Tax Map Parcel No. 1000-113.8-14. 9:00 p.m. Application of NORTH FORK BANK & TRUST CO., by Abigail A. Wickham, Esq., Box 1424, Mattithck, NY for a Variance to the Zoning Ordinance, Art- icle VII, Section 100-71 for .permission to construct drive- ~n banking facility with canopy extending into the · frontyard area. Location:/ Mattituck Shopping Center, Main Road, Mattituck; Coun- ty Tax Map Parco] No. 1000- 142-1-26. ..... being duly Sworn, blisher of the SUFFOLK hed at Greenport. in said the annexed is a printed d Suffolk Weekly Times weeks lOth 9:05 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhcod, NY for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for a windmill farm to be located on premises zoned C-I. Location of Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west byKochand ~ ~ ' ' i others; south by Begora and ~-'~ ~ , Ketcham and others; east b~'" ' - / /'~ // Terry; 'County Tax Map .~ .~...~?. ~/~,-C_--. Parcels No. 1000-22-3-11, 12, 14 ................... and 15. 9:30 p.m. Application of SOLWIN INDUSTRIES, INC., c/o Esseks, Hefter, Cuddy and Angel, Esqs., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordi- ~ of New nance, Article IX, Section 100- ~lk Countg 90 and Article VIII, Section ~ 30, 19~.~ 100-80 for: (a) permission to construct towers exceeding the height limitation of the zoning code and (b) an interpretation of Section 100- 90A to the effect that a "windmill farm" is a permitted industrial use this zone. Location o~' Property: Off the north side of Main Road, East Marion; bounded north by Tomias and East Marion War Memorial Association; west by Koch and others; south by Begora, Ketcham and others; east by Terry; County Tax Map Parcels No. 1000-22-3-11, 12, 14 and 15. Dated: Jnne 7, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary ~ ITJI0-39~0 ~\- \ Southold Town Appeals -17- IJune 17, 1982 Reg. Mtg. ~..~6~glass and Sawicki. (Appeal No. 2995 - Elwood and Carol Hughes, continued): '~CHAIRMAN: Is there anybody wishing to~s{~e~-~inst this applicat~l~ Are there questions from the~_~rd members? (None) Hearing no corn~en~s or questions, I.i~!l make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to~lose the hearing an~ ~e~rve decision in the matter of Appeal NQ~ ~995, application of ELWOOD AND~C~ROL HUGHES. ~-~V~ote of the Board: Ayes: Messrs. Goehringer,~D~ven, Grigonis, PUBLIC HEARING: Appeal No. 2964. Application of RAYMOND AND JOAN YOUNG, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels at the corner of Horton Avenue and Shirley Road, Mattituck; bounded north by Young and others; west by Shirley Road; south by Horton Avenue; east by Bergen and others; County Tax Map Parcel No. 1000-141-1-37. The Chairman opened the hearing at 8:15 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared by Roderick VanTuyl on February 19, 1982 indicating Parcel 1 to be 17,178 square feet with 106.66 road frontage along Horton Avenue and 145.92 feet along Shirley Road, and Parcel 2 having 18,600 .square feet with 100 feet along Horton Avenue. We also have a copy of the County Tax Map indicating this property and the properties in the surrounding area. Is there anyone wishing to speak in behalf of this application? RICHARD F. LARK, ESQ.: I would like to give the board, as you know the Planning Board has approved this as a "set-off"... when the application was made we applied to both the Planning Board and the Zoning Board of Appeals, and they have approved the set-off. The application, Richard Young, has lived there all his life. His mother purchased those lots as indicated in the application. There are a lot of this in Mattituck, and this was the way it wound up many years before zoning in the neighborhood. So I went to the tax office and got the assessors looking through their maps as to how many affect the owners today. Interesting, this map shows that over 80% are 50' in width, and the rest 75' and 100' which is exactly what the applicants, Raymond and Joan Young are requesting, two 100' lots. (Mr. Lark submitted a subdivision map dated March 1948 of "Edith M. Young" and is marked for the record as 'Amended Exhibit B.'). The applicants are requesting two 100' lots advent of the recent zoning chanqes. They were ¼-acre lots (in 1948), but now they require the approval of both your board and the Planning Board, for which they have deemed to be a "set-off." Thank you. Southold Town Board Appeals -18- OJune 17, 1982 Reg. Mtg. (Appeal No. 2964 - Raymond and Joan Young): MR. CHAIRMAN: Is there anybody else wishing to speak for this application? Anyone wishing to speak against the application? Any questions from any board members? (None) I'll offer a resolution approving this as applied for (and indicated below): By this appeal, appellants seek approval of insufficient area of two proposed parcels, 17,178 square feet and 18,600 square feet, and approval of insufficient width, 106.66 feet and 100 feet along Horton Avenue, respectively. Parcel I is a corner lot. Both proposed parcels are zoned "A" Residential and Agricultural" and were part of a major subdivision entitled, "Edith M. Young, Mattituck" of 1948, consisting of four 50-foot lots. A majority of the lots in the surrounding neighborhood are generally of the same lot size and shape, and it is the feeling of the board that by not allowing the variance, the property will be substantially larger than those in the surrounding area. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. ~ On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the application for RAYMOND AND JOAN YOUNG for approval of insufficient area and width for two parcels located at Horton Avenue, Mattituck, be and hereby IS APPROVED AS APPLIED FOR in Appeal No. 2964. Location of Property: Horton Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-141-1-37. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PU~ARING: Appeal No. 2962. Applicati~~E K. __REEVES, byby Rich~.Ric d F. Lark, Esq. , Main Road, Cu~c~ogue, N-~--~--a- Variance to the Z~h%i~ng Ordinance, Article III7 Section 100-31 for approval of insufficfen~ depth of parcel 'I0cated off Cedar Birch Road, Orient; bounded n°f~b~y Main Ro~d; west by Brawner and Cedar Birch Road; south by Gardinei~a~Bayi east by Cedar Birch Road; County Tax Map Parcels No. 1000-115-8~;~.2~3 23, 26. The Chairman opened the hearing at~:.~ p.m. and read the legal notice of hearing in'its entirety. The Chai~f~8~ was authorized by Mr. Lark and ~the audience to waive the reading o~f~he entire appeal ppli a catiQ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICXI Southold Town Board of Appeals MAIN RI)AD- STATE ROAD 25 SI)UTHI)LD, L.I., N.Y. TELEPHONE (516) 765-1809 June 23, 1982 Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 2964 - Raymond and Joan Young 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 June 17, 1982: RESOLVED, that the application for RAYMOND AND JOAN YOUNG, for approval of insufficient area and width for two parcels located at Horton Avenue, Mattituck, be and hereby is APPROVED AS APPLIED FOR in Appeal No. 2964. 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 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 ~s 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 Planning Board Southold Town Board of Appeals MAIN ROAD - =~TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 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 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section -- Special Permit Appeal No.:2964 Applicant: RAYMOND AND JOAN YOUNG Location of Affected Land: Horton Avenue & Shirley Road, Mattituck County Tax Map Item No.: 1000-141-1-37 Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) × State or County Road, Parkway, Highway, Thruway -- Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ 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 ~o~ COMMENTS: Applicant i~--~T~-i-ng permission width for ~wo parc~l~. and Copies of Town file and related documents enclosed herewith for your review. ~Y~ Secretary, Board Hf Appeals Southold )ard 'of Appeals m ENVIROMENTAL DECLARATION: Appeal No. 2964, Applicatiol of RAYMOND AND JOAN YOUNG. Variance for apProval of insufficient area and width of two proposed parcels. On motion by Mr. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Raymond and Joan Younq: 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. 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: Corner of Horton Avenue and Shirley Road, Mattitu~k, NY. Vote of the Board: Ayes: JUDITH T. TERRY TOWN CLERK ~EGISTRAR O] VITAL STATISTICS Southold, L. 1., N. Y. 11971 March 26, 1982 TELEPHONE (516) 765 1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2964 application of Raymond Lo & Joan ~. Young 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 o£ Disapproval from the Building Department; and survey of property. ~ Uudith T. Terry ~ Town Clerk JTT/bn Enclosures RICHaRd F. ].ARK ATTORNEY AT LAW MAIN ROAD - P, O. BOX 97:3 CUTCHOGUE, NEW YORK II9315 March 26, 1982 Mrs. Judith T. Terry 53095 Main Road - Town Hall Southold, New York 11971 RE: Variance for Raymond L. Young and Joan M. Young - Shirley Road, Mattit~ck, NY Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2. Exhibit A: Map of premises dated February 19, 1982 prepared by Roderick Van Tuyl, PoC. 3. Exhibit B: Map for Edith M. Young dated March, 1948 by Otto W. Van Tuyl. Notice to Adjacent Property Owners with proof of mailing together with certified mailing receipts attached thereto. 5. Notice of Disapproval from Building Inspector. 6. Short Environmental Assessment Form. 7. Letter to the Board of Appeals concerning Wetlands. Check No. 770 payable to the order Town Board of Appeals of Raymond L. amount of $15.00. of the Southold Young in the If all is in order, kindly place this matter before the Board of Appeals so a date ma~ be set for a public hearing. Very truly yours, Richard F. Lark RFL:bc Enclosures TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~1~ (We) .~..~.o.~g...~::.. ~.o.p. ~.G....a. D~.. ffgA~...~.....u..~..G..., of ...l~9....~.)...~..°.~.~...~.×~..q.~ ................................. Name of Appellant Street and Number Municipality .... $..~.~..2. .............. HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...Ke.b.~.q.a.~,2...2..~..~,~.8..~ ................. WHEREBY THE BUILDING INSPECTOR DENIED TO RAYMOND L. YOUNG and JOAN YOUNG ~Z .o...~..c..h .a~ .4 ..~. ,...~..k. ........................................... Name of Applicant for permit of ~.-....°..~.. ?..o..x....9..7...3.,....c. ?...%c...h.9..gM .e.c ...~..e..w...L°.~ .k.....~ ~ .9..3..5. ............................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO SUBDIVIDE Corner of Horton Avenue & 1. LOCATION OF THE PR~RT~h~r~e~R~ad~attituck~Nx~?~g~A~D.~A~.~AgX.icu~tura~ Street Use District on Zoning Map District .s..u..f..f..o..:..k....C..°...u9...t. ~...T..a..x....M..a.~...N..o.......%.0..0..9m%~:.r?.$.7. 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.) ARTICLE III, Section 100-31 3 TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Petitioners wish to divide their property located on the corner of Shirley Road and Horton Avenue, Mattituck, New York, into two lots with insufficient area and width as shown on a copy of the survey of the premises prepared by Roderick Van Tuyl, P.C. dated February 19, 1982, attached hereto as Exhibit A. ]"orm zB! (Continue on other side) REASON FOR APPEAL Continued .L 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Petitioners are the owners of a parcel of property which they have owned since 1959 containing an area of 35,778 square feet having 145.92 feet of frontage on Shirley Road and 206.66 feet of frontage on Horton Avenue, Mattituck, New York. Petitioners purchased two (2) building lots on December 23, 1959 from Edith Young, but the building lots were merged since Petitioners obtained the property under one deed in both their names. There is presently an existing one family dwelling in which your Petitioners reside located on the northwesterly portion of the property (proposed Parcel I). Petitioners desire to subdivide this parcel of land into two lots as seen from Exhibit A. Parcel I as proposed would contain the existing house, 17,178 square feet of area, 145.92 feet on Shirley Road and 106.66 feet on Horton Avenue. Parcel II as proposed would be vacant land and contain an area of 18,600 square and 100.0 feet of road frontage on Horton Avenue. Petitioners' parcel of land is outlined in red on a copy of a map prepared for Edith M. Young in M~rch, 1948 by Otto W. Van Tuyl, Greenport, New York, attached hereto as Exhibit B. As seen from Exhibit B this is an established neighborhood and most of the parcels are 100 feet or less in width. 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 neighborhood has been established for a long period of time prior to the enactment of the Zoning Ordinance of Southold Town and virtually all of the properties in this neighborhood and the existing structures thereon are non-conforming in some respect under the current ordinance of the Town of Southold. To require your Petitioners to retain this large parcel of property in this particular neighborhood will place an unnecessary burden on your Petitioners. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because an inspection of the properties in this neighborhood reveals they are devoted exclusively to residential use. The surrounding properties are generally smaller than allowed by our present zoning requirements. By allowing Peti- tioners to divide this property will be in conformity with the existing neighborhood and the interest of justice will be served by allowing same. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this ......... ~.~.!~]~ ............................. day of ..................... March ....................... 1982 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : RAYMOND L. YOUNG and JOAN M. YOUNG : : to the Board ef Appeals of the Town of Southold : TO: Sophie Stopinski 315 Pine Street Mattituck, NY 11952 Marjorie Baunach 225 Pine Street Mattituck, NY 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) (:~MK~t~i~,~l~[awcg~t~ (the following relief: To subdivide parcel of property into two lots each with insufficient area and width ). 2. That the property which is the subject of the.Petition is located adiacent to your property and is des- cribed as fo ows: North by Joan M. Young, East by Stoplnski and Baunach; South by Horton Avenue; West by Shirley Road 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: TO subdivide parcel of property into two lots each with insufficient area and width 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 25, 1982 ./~~o ' RR%~Ronc~ L Yo~g, /~ Yoking .... /' Post Office Address (No ~) Eorton Avenue Mattituck, New York 11952 NAME Sophie Stopinski Marjorie Baunach PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 315 Pine Street, 225 Pine Street, No. 756653 RE 3EIPT FOR U:'-H I tl-II=U NOT FOR INTERNATION~L MUL (See Reverse) SENT TO , s~%~ne Street MattltucK, NY 11952 ~STAGE $ ~ RESTRICTED DELIVERY Mattituck, New York 1195: Mattituck, New York 1191 (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Barbara Diachun , residing at School House Road, Cutchogue, New York 11935 , being duly sworn, deposes and says that on the 26 day of March .19 82 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchogue. New York ; that said Notices were mailed to each of said persons by (certified) (]~m~l:ed~ mail. Sworn to before me this 26 th ,<~Ma r~h ,19 82 Notary Public ~mmlssio~ Expires ~ ~ Barbara Diachun Copies to the fol Suffolk Times, Inc. L.I. Traveler, Inc. Bouton Services, Inc. g on or about June 8, Hand Deliveries 6/8/82. (for John J. Bogert), Box 506, F.I. 06390 Mrs. Lucy E. Michaels, 3570 Minnehaha Blvd, Southold Mr. Vincent W. Annabel, Stillwater Ave., Cutchogue Mr. Joseph W. Hawkins, 7085 Horton Lane, Southold Mrs. Miriam Batso~°443 Main St., Greenport Mr. David E. Kapell as agent for Ms. Batson. Gary Flanner Olsen, Esq. for Serpentine Real Estate Corp. Main Road, Mattituck Serpentine Real Estate Corp., 695 DiEllen La., Etmont, NY //oo3 NORMAN ADDY as agent for Estelle L. Weinrib, New Suff. Ave., Mattituck Ms. Estelle L. Weinrib, 27 West 86th Street, New York City 10024 MR. GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue Mr. Norman Addy as agent, New Suffolk Avenue, Mattituck Mr. Henry S. Kozen, 1520 Donna Drive, Mattituck Mr. and Mrs. Stanley Moisa, 46 Sunset Lane, Greenport Stanley S. Corwin, Esq. for Peter Kujawski, 634 First St., Greenport Mr. Peter Kujawski, Bay Avenue, Peconic Mr. and Mrs. Elwood Hughes 1711 Meadow Lane, East Meadow, NY 11554 Richard F. Lark, Esq. for Raymond & Joan Young Richard F. Lark, Esq. for Gertrude K. Reeves Mr. Tug Wilson (Gertrude Reeves file), Main Road, Orient 11957 Rudolph H. Bruer, Esq. for James Manos, Main Road, Southold Abigail A. Wickham, Esq. for NFBTC, Main Road, Mattituck Esseks, Hefter, Cuddy and Angel, Esqs., (for Solwin Industries~ 108 East Main St., Riverhead 11901 Town Board Town Clerk Bulletin Board Individual ZBA Files ZBA Members RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P, O. BOX 973 February 10, 1982 Southold Town Building Department 53095 Main Road - Town Hall Southold, New York 11971 ATT: George H. Fisher, Senior Building Inspector RE: Raymond L. Young and Joan Young Dear Mr. Fisher: In connection with the above-captioned matter I am enclosing a copy of a map showing property located on the corner of Shirley Avenue and Horton Avenue outlined in red which is owned by Raymond and Joan Young. Mr. Young would like to divide lots 33 and 34 from lots 35 and 36. Kindly advise the steps necessary to obtain to obtain a vacant land certificate of occupany for each of the lots in question. RFL:bc Enclosure Very truly ~ours, 7 Richard F .~ark S~O,,i' EHVIP, ONklENTAL ASSESSM~zNI INSTRUCT IONS: ' ~) I~ order to onswer the questions that the preparer project and the likely impacts of the action. It is not expected that additional studies, research or other invest,got,on will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Envlronmentol Assessment Form is necessary. (c) If all questions have been answered No it is likely %hat thls project is not significant. . .' (d) Environmental Assessment ~. Will project result in o large physical change to the project site or physically alter more than 10 acres of land? ....................... Yes X No 2. Yfill there be a major change to any unique or -unusual land form found on the sit&? ......... YesX No 3. ¥]ill project oiler or have a large' effect on x No existing bad7 of water? .... on groundwater quality? ...................... YesX'No 5. ¥till project significantly effect drainage flow on adjacent sites? ........................, Yes X NQ 6. ¥]ill project affect any threatened or endangered plant or animal species? .......... . Yes X' No 7. %'/ill project result in o major adverse effect Yesx No on air quality? ............................... ... 8. ¥/ill project hove o major effect on visual character of the community or scenic views or vistas known to:be important to the community? Yesx No ~. Will project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any si~e designated os o critical environmental oreo by o local agency? ............ ~*..'~'*'.;'.'.'.s"*-.% YesX No 10. ¥1ill project have a major effect on existing or future recreational opportunities? ......... Yes X No 11. %~ill project result in .major traffic problems ' ' at cause o major effect to existing transportation systems? ....................... ,.. Yesx No 12. %~ill project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? ..... '. . Yes_x No or.safety? .................................... . YesX~ No 14. ¥/ill p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period o~r hove o major negative effect on the character of the community or Yesx No neighborhood? ................................. . . 15. Is there public controversy concerning project? ....................................... YesX PREPARER'S SIGNATURE /(~.~~__// // ' .,~ // h REPRESENTING Raymond L. Y~ung an~ Joa~ I4. 'Voun~/ DATE. Marc 25, 1982 this short EAF it is assumed will use. currently available information concerning the March 25, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Raymond L. Young and Joan M. Young Location of Property: corner of Shirley Avenue and Horton Avenue, Mattituck, New York 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; ho%~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May 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. £ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing 'on the premises. -ix] Is not located within 300 feet of to the best of my knowledge.* tidal wetlands [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Si~ature plea s~ Ra~d L. Young J0~n M. Young '-.e..% 200' " ~0