HomeMy WebLinkAbout3025ZIEGLER CHAP~E S p. _~L3.02_5
Home Pike Rd., Mattit~ck ~ 9/9/82
Qn prs~isss due .~o. proposed laca~ion ~o~ s~
division lines and for pe~ission to retain
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOIJTHOLD, l.l., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3025
Application Dated August 17, 1982
TO: Gary Flanner Olsen, Esq.
Attorney for C~arles P. Ziegler
Main Road, Box 38
Mattituck, NY 11952
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on September 30, 1982
the above appeal was considered, and the action indicated below was taken
on your iX] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , SectionS 100-30 and 100-31, Bulk Schedule
Article II, Section 100-23(C)
[ ] Request for
The public hearing on this application was held on September 9, 1982.
Upon application of CHARLES P. ZIEGLER by Gary Flanner Olsen, Esq.,
Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article
II, Section 100-23(C) and Article III, Sections 100-30 and 100-31, Bulk
Schedule, for permission to locate buildings with insufficient setbacks
as exist on the premises due to the proposed location of the subdivision
lines and for permission to retain garage use of building on Lot No. 2,
and for a Variance for Approval of Access, New York Town Law, Section
280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision
Los No. 12, 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolk
County Tax Map Parcel No. 1000-114-1-5.
The board made the following findings and determination:
By this appeal, appellant seeks: (a) permission to divide the
entire 3.5-acre parcel into two parcels, Parcel 1 having an area of
89,000+- square feet with a road frontage of 121.14 feet, and Parcel 2
having an area of 44,000+- square feet with a road frontage of 80 feet
(radius); and (b) approval of access over private roads known as
Home Pike Road, extending 519 feet over Silkworth Road, and extending
further approximately 499 feet to Westphalia Road. The access roads
in question are shown to have a minimum width of 30 feet. Existing on
the land in question is a large one-family house on Parcel 1 and a
garage structure in disrepair on Parcel 2 set back 12 feet from the
southerly sideyard line and slightly forward of the front of the
house on Parcel 1. The premises in question front along Mattituck
Creek and approvals have been obtained from the N.Y.S. Department of
Environmental Conservation under Permit No. 10-82-0185.
For the record, it is noted
has approved this subdivision as
of the Code on August 18, 1982.
that the Southold Town Planning Board
a "set-off" pursuant to Section 106-13
It is the opinion of the board that to deny the relief requested
would result in practical difficulties to the applicant in that: (a)
there is more than 40,000 square feet of land area applied to each
parcel and without a frontage variance, a division would not be
possible; (b) the structure on Parcel 2 is existing and is located
with reasonable setbacks from all property lines, and without this
variance, the building would have to be removed; (c) this access is
the only way feasible to this property, and is also utilized for access
to other parcels along this route.
DATED: October 16, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
'P.a~ f - Appeal No. ~5
°'~Decision Rendered September 30, 1982
Matter of Charles P. Ziegler
In considering this appeal, the board determines that the variances
requested are not substantial; that the circumstances herein are unique
and practical difficulties have been shown; that by allowing the vari-
ances 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 zcning; and that the interests of justice will be served by
allowing the variances requested, as indicated below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3025, application of CHARLES P. ZIEGLER
be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the building existing on Parcel 2 at the time of this
determination and as shown on the Amended Map of 8/31/82 shall not be
considered a principal structure or dwelling. In the event that at
any time in the future this building on Parcel 2 is to be used, reno-
vated or occupied as a principal building, the same must be moved so
as to conform with all front, side and rear yard requirements of the
code for principal buildings.
2. That no sideyard variances shall be granted for any dwelling
erected on either of these two parcels.
3. That the access roads to these parcels shall be improved in
the following methods:
(a) Commencing from Westphalia Road and extending approxi-
mately 499 feet along Silkworth Road: [1] a minimum width of fifteen
feet and [2] such minimum 15-foot width shall be surfaced with a
minimum depth of two inches of packed three-quarter-inch stone blend
so as to afford access for emergency vehicles. Such stone blend may
be either applied to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a depth of
two inches;
(b) Commencing from Silkworth Road and extending approxi-
mately 519 feet along Home Pike Road: [1] a minimum width of fifteen
feet and [2] such minimum 15-foot width shall be surfaced with a
minimum depth of four inches of packed three-quarter-inch stone blend
so as to afford access for emergency vehicles. Such stone blend may
be either applied to the ground surface and shaped, or the surface may
be excavated to permit the application of packed blend to a depth of
four inches;
4. Where the terrain of the land over which such access roads
are traversed is such that drainage problems may occur, the applicant
and/or owners shall be required to construct such drainage facilities
as may be recommended by the Town road engineer;
5. That this access
satisfactory condition as
vehciles;
road must be maintained at all times in good
stipulated above for access by emergency
6. That this access road be approved by the Board of Appeals or
Town road engineer as~to meeting the above requirements;
7. That this variance is subject
County Planning Commission pursuant to
Suffolk County Charter;
to referral to the Suffolk
Sections 1323, et seq. of the
'~'g'e 3 - Appeal No. ~5
Decision Rendered September 30,
Matter of Charles P. Zie~ler
1982
8. That this variance is subject to approvals from the N.Y.S.
Department of Environmental Conservation and the Southold Town
Planning Board;
9. That no certificate of occupancy shall be issued for these
premises or for the construction of any buildings or structures, or
for existing buildings or structures on these premises, to which
this access is referre~ until all of the conditions set forth herein
have'been complied with.
Location of Property: Home Pike Road,
Point Pleasant Subdivision Lots 12, 13 and
Map Parcel No. 1000-114-1-5.
Mattituck, NY; Map of
14; Suffolk County Tax
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
APPROVED
-Id -o° , I
Chairman Board of Appeak~/
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 srlUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, ..IR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
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 T.hursday, September 9, 1982 commencing at 7:3.0 p.m.
and as follows:
7:30 p.m. Application of WILLIAM KEINATH, Box 129G, Route 1,
Mattituck, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31 for permission to alter lot line, reducing the area
of the easterly parcel and increasing the area of the westerly par-
cel, (not altering the insufficient depth of both parcels as
existS. Location of Property: South side of Sound View Avenue,
Mattituck, NY; bounded north by Sound View Avenue; west by Krupski;
south by Robinson; east by Kuegle; Suffolk County Tax Map Parcel
No. 1000-94-2-1.2 and 1.2.
7:35 p.m. Application for JAMES MANOS, 2440 Brigham Street,
Brooklyn, NY, by Rudolph H. Bruer, Esq., for a Variance for
Approval of Access, New York Town Law, Section 280-A. Location of
Property: 400 feet east of Mill Road, Mattituck, NY; bounded north
by Bungalow Lane;south and west by right-of-way; east by Boechman and
others. County Tax Map Parcel No. 1000-113r6-14.
7:40 p.m. Application of ANN O'SULLIVAN, 144 Colonial Springs
Road, Wheatley Heights, NY 11798 for a Variance for Approval of
Access, New York Town Law, Section 280-A. Location of Property:
5692 Main Bayview Road, Southold, NY; bounded north by Breslin; west
by Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale.
County Tax Map Parcel No. 1000-78-4-41.2.
7:45 p.m. Application of CHARLES P. SIEGLER, by Gary Flanner
~ ~lsen, Esq., Main Road, Mat tituck~NY, f~r~ance to the Zoning
~ ?~dinance, Article II, Section 100-23 (C) and Article III, Sections
170-30 and 100-31 for permission to locate buildings with insuffi-
ci. ent setbacks as exist on the premises due to the proposed location
~f the subdivision lines and for permission to retain garage use of
building on Lot No. 2; and for a Variance for Approval of Access, New
Pa~e 2
Legal Notices of Hearings
Regular Meeting of September
9, 1982
York Town Law, Section 280-A. Location of Property: Home Pike Road,
Mattituck, NY; Subdivision Lots 12, 13 and 14 as shown on Map of
Point Plesant No. 270; Suffolk County Tax Map Parcel No. 1000-114-
1-5.
7:50 p.m. Application of PASQUALE ROMANELLI, by Gary Flanner
Olsen, Esq., Main Road, Mattituck, NY for Variances: (1) to New
York Town Law, Section 280-A for approval of access, and (2) to
the Zoning Ordinance, Article III, Section 100-31 for permission to
construct new dwelling with an insufficient frontyard setback from
Landing Road. Location of Property: Haywaters Road, Nassau Point,
Cutchogue, NY; Subdivision Lot No. 1 as shown on Map of Peconic Bay
Properties No. 786; Suffolk County Tax Map District 1000-111-1-42.
Dated: August 26, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski, Secretary
Instructions to newspapers: Please publish once, to wit, Thursday,
SEPTEMBER 2, 1982 and forward one affidavit of publication to:
Board of Appeals, Town Hall, Southold, NY 11971 on or before
September 7, 1982.
x
Copies to the following on 8/27/82:
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Mr. and Mrs. William Keinath, Box 129G, Mattituck, NY 11952
Rudolph H. Bruer, Esq. for James Manos
Mrs. Ann O'Sullivan, 144 Colonial Springs Road, Wheatley Heights,
Gary Flanner Olsen, Esq. for Charles P. Ziegler
Gary Flanner Olsen, Esq. for Pasquale Romanelli
Town Clerk Bulletin Board
Building Department (V. Lessard)
Z.B.A. Members
NY 11798
i~CEIVED
1982 TOWN OF SOUTHOLD, NEW yORK
FROM DEaS ON OF BUiLDiNG NSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.
DATE ...A.~u..q.t,~,..1..9.82
1, (We) ....... Chum. lea ..P., .. Zie ~le~ .................... of ......... ~.~,~{~, .~,Q m ~ ,,]~o~ d,, ~, .~Q ;~.. ~, ,~,~ .............
Name of Appellont Street ond Number
.......... ..M.,,a..t.t...~.t.~,c,k.:,...~..,e,,w,..,.~..,o,~,~,. .......................................... ~,~,..9,.5.~ ............... HEREBY APPEAL TO
Municipolity Stote
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of ............ .....
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
ACCESS VARIANCES & VARIANCE
LOCATION OF THE PROPERTY ...... '.'.~.o..m..~ ,~..e...R..,o..a..d..'.'. ...... ..M...a..t~t..i.t..u..e...k.~.A..g..r.i..~..u..~..t..u~.r..a..~.2Residentic
Street Use District on Zoning Mop
Moo No.
1Vfap Point Pleasant #720 LLots'12-14 otNo
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.)
Art III, Sec~.~§0(2)(d); Art III 100-31 (Bulk Schedule); Art J,PI"Sec. 100-23 (c)
3. TYPE OF APPEAL Appeal is made herewith for
(~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ~x~ A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. ]6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
(X) A Variance to Section 280A Subsection 3
(:X) A Variance to the Zoning Ordinance
( )
is requested for the reason that applicant seeks to divide property as shown on annezed
survey, which is made part of this application, located on a private road
Form ZB1 (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or Um',~ces-
sary HARDSHIP because npplieant presently bas an appliention pending before the Planning
Board to divide the subject premises into two parcels. The Planning Board has reeommen
ded the division line be so located that the garage on the northerly parcel (parcel 2)
would be right on the division line. Since the garage would become the principal
building, until such time as a house is built, a side yard variance is required.
Also, this parcel is located on a private road known as "l:Iome Pike" necessitating an
access variance.
A frontage variance is also required for lot #2.
2, The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because the applicant is dividing property into
two parcels with existing structures. The proposed division line as suggested by the
Planning Board, will require a side yard variance.
This parcel: is located on a private road requiring approval of access.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the buildings are already on the property and
unless this'access is approved, the applicant would be unable to use the premises
for its zoned purposes i.e. residential use.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
SS
~~Cha___~r ~__ .
Gar~v~lanner-Olse n
Sworn to this .............. 1...2..t.~. ........................ day of ......... +~g~l~.t. ................................. 19 82
Ox-, /
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Board of App
.Town ol Soulhold
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'gaRy FL2NNER OLSEN
COUNSELLOR AT LAW
September 10, 1982
Re: Ziegler, Charles
File #3291
Board of Ag.ueals
of Southold
Gentlemen:
Please be advised that I spoke with Rod Van Tuyl and he advised me that the
garage on Parcel #2 is 28.6 feet by 22.5 feet having an area of 644 square
feet.
As the Board is aware, Mr. Ziegler is under the pressure of a pending
foreclosure sale by Southold Savings Bank. lie has a Purchaser ready,
willing and able to close title to the vacant parcel, which will enable Mr.
Ziegler t6 satisfy his application with the bank and thus save title to his
own home located on Parcel #1.
/
/
I am also enclosing a letter from Burr Lewis indicatin~ that the two parcel~
if approved, would have a higher market value than j~ust one parcel.
Very truly yours,
GFO/emj
Enclosure
Southold Town Zoning Board of Appeals
Main Road
Southold, NY 11971
BURT IS. LEWIC[,,IR.
September 10, 1982
Re: Property of Charles P. Ziegler
Suffolk County Tax Map #
1000 114 1 5
Dear Mr. Olsen:
Pursuant to your request, I have inspected and do hereby submit an appraisal of
the above captioned property. In making this appraisal, I have taken into considera-
tion location, accessibility, and neighborhood, and all other factors necessary to
its value.
Based on this finding, I judge the "market Value" of the proposed Parcel #1 to be
$120,000.00, and the "market value" of Parcel #2 to be $85, 000.000, for a total
of $205, 000.00. In the event approval is not obtained to divide the said parcels, as
proposed, then I judge the "market value" of the entire 3.3 acres to be $175,000.00.
In my opinion, the term "market value" means:
The highest price expressed in terms of money the property
would command if offered for sale in the open market with
a reasonable amount of time allowed to complete the trans-
action and with both the seller and buyer being well informed
and acting willingly.
I do hereby certify that I have made a personal inspection of the subject property
and that I have no present interest in the property.
I am annexing, hereto, my qualifications.
Very truly yours,
BGL/emj
Enclosure
QUALIFICATIONS
I became a broker in 1931 and I am a New York State
licensed real estate broker now actively engaged in the sale of
real estate in the Town of Southold, with an office on the Main
Road in Cutchogue, New York.
I am a certified residential real estate appraiser.
I have attended classes and seminars sponsored by the Society
of Real Estate appraisers at Southampton College, The Institute
of Farm & Land Brokers at Ithaca College, The Long Island
Board of Realtors, The Eastern Suffolk Board of Realtors, and
The New York Institute of Technology.
I am a member of the National Association of Realtors,
The New York State Association of Real Estate Boards, The
Eastern Suffolk Board of Realtors, and The American Association
of Certified Appraisers.
BURT G. LEWIS, JR.
DATED:
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY Of SUFFOLK ·
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
LEE E, KOPPELMAN
DIRECTOR OF PLANNING
September 29, 1986
Applicant: Charles P. Ziegler
Mun. File No.: 3025
S.C.P.D. File No.: SD-86-23
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the Suffolk
County Planning commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
The Board of appeals should cautiously exercise its discretionary power in
granting such substandard lot area variances which only serve to undermine the
effectiveness of the zoning ordinance, alter the character of the area and
establish a precedent for the continuance of such a practice.
Very truly yours,
Lee E. Koppelman
Director of Planning
GGN:mb
S/sGerald G. Newman
Chief Planner
VETERANS MEI~ORIAL HIGHWAY
HAUPPAUGE. L.I.. NEW YORK 1 178B
(516) 360-$192
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGOfllS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWJCKI
Pursuant to Article XIII of tile Suffolk County Charter, the
Board of Appeals of the Town of Southold, State of New York, hereby
refers the following matter(s) to the Suffolk County Department of
Planning:
~' II, Sse[~i%~' 100-23(C)
[ X ] Variance from the Zoning Ordinance, .r'~i~l~ III 100-31
[ ] Variance from Determination of Building Inspector
[ ] Special Exception, Article Section
[ ] Special Permit, Article Section
[ ]
Application
Location of
Suffolk County Tax Map District 1000, Section ll4 , Block
Within 500 feet of: Mattituck Creek
Town or Village Boundary Line
XX Body of Water (Bay, Sound, or Estuary)
State or County Road, Parkway, Highway, Thruway
No. 3025 Applicant(s): CHARLES P. ZIEGLER
Property in Question: Home Pike Road (private), Mattituck
1 , Lot 5
Boundary of County, State or Federally-Owned Land
Boundary of County, State or Federal Park, or other Recreation Area
Existing Stream or Drainage Channel Owned by the County or Estab-
lished by the County
or
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport.
Copies of the Board's findings and determination and f~le documents
enclosed for your perusal and file.
,
Dated: September 15, 1986. ~.~]FJq~,%) Z/~Z~-~(~~
s
are
Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. OOUGLASS
JOSEPH H. SAWlCKI
August 22, 1983
Gary Flanner Olsen, Esq.
Main Road
P.O. Box 38
Mattituck, NY 11952
Re: Appeal No. 3025 - Charles P. Ziegler
Your File #3505
Dear Mr. Olsen:
In reply to your August 10, 1983 correspondence, please
find enclosed excerpt from the minutes of the Special Meeting
of this Board held on August 11, 1983.
Yours very truly,
Enclosure
cc: Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
Southold Town Board ~Appeals
-2-
August 1~~, 1983 Special Meeting
(Appeal No. 3142 - GRACE E. KENNEY, continued:)
Road at 21' at its closest point and 30' at its farthest southwest
corner, be and hereby IS APPROVED AS AMENDED.
Location of Property: 2020 East Gillette Drive, East Marion, NY;
County Tax Map Parcel No. 1000-038-03-020.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass
and Sawicki. (Member Grigonis was absent.)
This resolution was unanimously adopted.
INQUIRY RE: APPEAL NO. 3025 - CHARLES P. ZIEGLER.
Correspondence dated August 10, 1983 from Gary Flanner Olsen,
attorney for the Zieglers, was discussed among the board members.
It appears that the Zieglers wish to obtain a "pre-existing Certi-
ficate of Occupancy" for the existing dwelling without having first
to comply with the conditions rendered in this Board's decision of
September 30, 1982, filed with the Town Clerk October 18, 1982,
more particularly Conditions 3 and 9.
Mr. Lessard, Administrator, for the Building Department
recommended that a pre-Certificate of Occupancy be permitted for
the dwelling as exists on the premises. It was the feeling of
the board that such a pre-Certificate of Occupancy should be
permitted on the entire 3.5-acre parcel, and that separate
Certificates of Occupancy for each Parcel I and Parcel II should
not be permitted. The board after more discussion agreed that
a pre-Certificate of Occupancy (dwelling built prior to 1957)
could be permitted for the dwelling, provided that no building
permits, sign permits, fence permits, etc. be issued whatsoever
for either Parcel I or Parcel II. Mr. Lessard assured the
board that no permits would be issued from the Building Depart-
ment for either parcel.
PENDING DECISION: APPEAL NO. 3138. ALFRED J. TERP. The
board continued deliberations on this matter, which was held
for public hearing on July 28, 1983. The board opted to deliberate
again on this matter at our August 21, 1983 Regular Meeting.
GArY FLANNER OLSEN
COUNSELLOR AT LAW
August ]0, 1983
Re: Ziegler Certificate of Occupancy
File #3505
Dear Mr. Goehringer:
I have applied for a pre-existing Certificate of Occupancy on the
Ziegler house, however, George Fisher refuses to issue same due to
conditions 3 and 9 of the Ziegler Board Decision.
It seems inequitable that Mr. Zieg]er cannot obtain a pre-existing C.O.
by virtue of a variance to sub-divide his property. If no application
had been made, he would have been entitled to his pre-existing C.O. I
d~dnot understand your decision to preclude the issuance of same but on]y
to put the public on notice that any new transaction on any vacant lot
would require the improvement of the roadway before a C.O. would be
issued.
I would appreciate your reviewing this matter and qualify
so that a pre-existing C.O. wi1! be issued on the presen
GFO:mew
. ]~decision
Very t ru~v~ou rs ,///j
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
SouthoId, NY ]1971
CC:
George Fisher
Southold Town Building Dept.
Main Road
Southo]d, NY 1197]
APPEALS BOARD
MEMRFRS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON)S. JR
SERGE DOYEN, JR
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 GOUTHOLD, L.I., N.Y. 11g71
TELEPHONE {516) 765-1809
October 18, 1982
Gary Flanner Olsen, Esq.
Main Road, Box 38
Mattituck, NY 11952
Re: Appeal No. 3025 - Charles P. Ziegler
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with %he 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 construc-
tion in writing, or for other documents as may be applicable.
If you have any questions, please do not hesitate to call either
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Abigail A. Wickham, Esq.
Planning Board
GERARD P. GOEHRINGER
CHAIRM~N
By Linda F. Kowalski
Secretary
JUDITII T TERRY
TOWN CLERK
REGISTRAROI VITAL SI ~,[[ST[('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
August 17, 1982
To: Southold Town Zoning Board of Appeals
From: ~udith T, Terry, Town Clerk
Transmitted herewith is Zoning ~ppeal No, 30~5 application of Charles P.
Ziegler for a variance. Also included is notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
and survey.
· Terry ~rl~
JTT/bn Southold Town CiE,
Enclosures .
®
LAND
OF F AL/_~-,: ~
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~W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Building 40, State University of New York
Stony Brook, New York 11794
516-751-7900
Charles P. Ztegler
Box 355
Pt. Pleasant
!Mtttt,ck. NY 11952
June 2, 1982
Tom of $oulhold
RE: 10-82-0185
Dear Mr. Ziegler:
In conformance with the requirements of the State Uniform
Procedures Act (Article 70, ECL) and its implementing P~gulations
(6NYCRR Part 621) we are enclosing your permit. Please read all
conditions carefully. If you are unable to comply with any condi-
tions, please contact the Regional Regulatory Affairs Office, NYS
Department of Environmental Conservation, State University of New
York at Stony Brook, Building 40, Stony Brook, New York 11794.
Also enclosed is a permit sign which you are to conspicuously
post at the project site, protected from the weather.
Very truly yours.
Daniel J./~arkin
Region~l~er~it Administrator
DJL:ll
Encls.
PERMIT
ARTICLE 24, (Freshwater Welland~)[] ARTICLE 36,(Construtlion in Flood Hazard Areas)
Charles P. Ziegler .
Pt. Pleasant, Box 355, Mattituck, NY I]952
i,,~ ^i,~iJl I' ,(y~:~.l,o~'~,,m,~id~fiw~mJ/~,l~t/ii~l]nrl W~-stde Of Ma~t]~c~ ~e'~ ~-~'~f ~m~~P~
approx. 7v0~_fior~[, ,~'f._th%~'2Zer~cti0~ °f_[~lk59J:[l! W}~h Westphalia ................ Rd. in Matt ituck *
~]ubdivide a 133,300 square foot parcel into two lots; 47,5~0.and 85,800 square feet Jn ~yord-
ance with the 8urvey entitled Map of Minor Subdivision made for Char]es P. ZJegler of MattJtuc~
prepared by Roderick Van Tuyl, P.C. and dated ~rch 9, 1982. ......
~ttituek Southold
eneraL
*SCiM ;,o. 1000-114-1-5.
Board
,Town ot
16. Any proposed construction or associated activities on these lots will require
additional approval from this Department.
17. There shall be no further s~bdtvision of the lot 47,500 square feet in area.
Board ot A1]l]eek
Town of SoutLc:j
Bldg. 40, SUNY--Room 219
Stony Brook, NY 11794
SUPPLEMENTARY SPECIAL CONDITIONS
The following conditions apply to all permits:
If any of the permit conditions are unclear, the permittee shall contact the
Division of Regulatory Affairs at the address and telephone noted below.
A copy of this permit or approval and supplementary conditions shall be avail-
able at the project site whenever authorized work is in progress.
C. The permit sign enclosed with this permit or a copy of approval letter shall be
protected from the weather and posted in a conspicious location at the work
site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt fo,~m- certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work the bottom
portion of that form shall also be completed and returned.
E. For projects involving activities to be accomplished over a period of more
than one year, the permittee shall notify the Regional Permit Administrator in
writing at least 48 hours to the commencement of' resumption of work each year.
F. If project design modifications take place after permit issuance, the permit-
tee shall submit the appropriate plan changes for approval by the Regional
Permit Administrator prior to undertaking any such modifications. The permit-
tee is advised that substantial modification may require submission of a new
application for permit.
G. Ail necessary precautions shall be taken to preclude contamination of any wet-
lands or waterway by suspended solids, sediment, fuels, solvents, lubricants,
epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project work.
Any failure to comply precisely with all of the terms and conditions of this
permit, unless authorized in writing, shall be treated as a violation of the
Environmental Conservation Law.
The permittee is advised to obtain any permits or approvals that may be re-
quired from the U.S. Department of Army Cdrps of Engineers, New York District,
26 Federal Plaza, New York, NY 10007, (Attention Regulatory Functions Branch),
prior to commencing work authorized herein.
The granting of this permit does not relieve the permittee of the responsib-
ility of obtaining a grant, easement, or other necessary approval from the
Division of Land Utilization, Office of General Services, Tower Building,
Empire State Plaza, Albany, New York 12242, which may be required for any
encroachment upon State-owned lands under water.
DEC #
Bldg. 40, SUNY--Room 219
Stony Brook, NY 11794
(516) 751-7900
Regional Permit Administrator
NYS Department of Environmental Conservation
Board of Appeals
Town oi Souihold
LEGAL NOTICE
NOTICE IS HEREBY
',IVEN, pursuant to Section
;7 of the Town Law and the
'rovisions of the Amended
ode of the Town of Soutbold,
Regular Meeting and the
~llowing public hearings will
e held by the Southold Town
oard of Appeals at the Town
all, Main Road, Southold,
Y on Thursday, September
1982 commencing at 7:30
m. and as follows:
7:30 p.m. Application of
ILLIAM KEINATll, Box
:gG, Route 1, Mattituck, NY
r a Variance to the Zoning
rdinance, Article Ill, Section
0-31 for permission to alter~-
t line, reducing the area of
e easterly parcel and
creasing the area of the
;sterly parcel, (not altering
e insufficient depth of both
~reels as exist). Location of
'operty: South side of Sound
ew Avenue, Mattituck, NY;
unded north by Sound View
/enue; west by Krupski;
uth by Robinson; east by
~egle; Suffolk County Tax
ap Parcel No. 1000-94-2-1.2
d 1.2.
7::15 p.m. Application for
~MES MANOS, 2440 '
'igham Street, Brooklyn,
Bruer, Esq., for a Variance
for Approval of Access, Nevo"
York Town Law, Section 280-
A. Location of Property: 400
feet east of Mill Road,
Mattituck, NY; bounded north
by Bungalow Lane; south and
west by right-of-way; east by
Boechman and others: County
Tax Map Parcel No. 1000-113-
6-14.
7:40 p.m. Application of
ANN O'SULLIVAN, 144
Colonial Springs Road,
Wheatley Heights, NY 11798
for a Variance for Approval of
Access, New York Town Law,
Section 280-A. Location of
Property: 5692 Main Bayview
Road. Southold, NY; bounded
north by Breslin; west by
Burkhardt and Ebler; south/'
by Corey Creek Lane; east by
Orientale. County Tax Map
Parcel No. 1000-78-4-41.2.
~7:45 p~m. Application of"N
CHARLES P. ZIEGLER, by
Gary Flanner Olsen, Esq.,
Main Road, Mattituck, NY,
for a Variance to the Zoning
Ordinance, Article II, Section
100-23(C) and Article III,
Sections 100-30 and 100-31 for
permission to locate buildings
with insufficient setbacks as
exist on the premises due to
the proposed location of the
subdivision lines and for
permission to retain garage
use of building on Lot No. 2;
and 'for a Variance for
Approval of Access, New York,/
Town Law, Section ,280-A.
Location of Property: Home
permission to construct new
dwelling with an insufficient
frontyard setback from
e'Landing Road. Location of
Property: Haywaters Road;
Nassau Point, Cutchogue,
NY; Subdivision Lot No. I as
shown on Map of Peconic Bay
Properties No. 786: Suffolk
County Tax Map District 1000-
111-]-42.
Dated: August 26, 1982.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
IFFOLR, 1
~r YORK, ~ ss:
: J
' Gus ~avson being d
·.. is Printer and Publisher of the
ITS2-4047
By Linda Kowalski,
Secretary S, a newspaper published ~t GreenF
.' ..... ~ the notice° of which the annexed i
copy, has been published in the said Suffolk We~
once in eoch week, for one
successively commencing on the 2nd
Sworn ....... .. ".... ' ....~'"
day of ..... Sep.temher. lg.~2.. I
HEt£N K DE VO£
NOIARY I~USUc, Stale ot Ne~v York
Pike Road, Mattituck, NY No a70787~,
Subd v s on Lo~s 12, 13 ar/d 14 Term
as shown on Map of Point
Pleasant No. 270; Suffolk / //~ // .
County Tax Parcel No. 1000- Jl 9 ,~:~ /~c/,~}~
,114-1-5, .~ [ / ~
7:50 p.m. Application of
PASQUALE ROMANELLI,
by Gary Flanner Olsen, Esq.,
Ma n Road Matt tuck NY f~r
Variances: (1) to New York , . ~' ".:'::? }': ;' ::: : .-:': ; :': ·
Town Law Sect on 280-A for .~'~;::'
approval of access, and (2) to
t?.e Zoning Ordinance, Article
NOTICE
NOTICE IS HEREBY GIV-
EN, pursuant to Section 267 of
the Town Law and the Pro-'
visions of the Amended Code
of the Town of Southold, a
Regular Meeting and the
following public hearings will
be held by the Southold Town
Board of Appeals at the Town
Hall. Main Road. Southold,
N.Y. on Thursday, September
9, 1982, commencing at 7:30
p.m. and as follows:$
7:30 p.m. Application of
WILLIAM KEINATH. Box
129G, Route 1, Mattituck,
N.Y. for a Variance to the
Zoning Ordinance, Article 111,
Section 100-31 for permission
to alter lot line reducing the,~
area of the easterly parcel and
i~creasing the area of the
westerly parcel, (not altering
the insufficient depth of both
parcels as exist). Location of
Property: South side of Sound-
View Avenue, Mattituck;
N.Y.; bounded by Sound View
Avenue; west by Krupski:
south by Robinson; east by
Kuegle; Suffolk County Tax
Map Parcel No. 1000-94-2-1.2
and 1.2.
7:35 p.m. Application for
JAMES MANOS, 2440 Brig-
ham Street, Brooklyn, N.Y~,.
by Rudolph H. Bruer, Esq..
for a Variance for Approval of
Access, New York Town Law,
Section 280-A. Location o~'/
Property: 400 feet east of Mill
Road, Mattituck, N.Y.; bound-
ed north by Bungalow Lane;
south and west by right-of-
way; east by Boechman and
others. County Tax Map Par.
cel No. 1000-113-6-14.
. 7:40 p.m. Application of'
ANN O'SULLIVAN, 144 Col-'
onial Springs Road, Wheatley~
Heights, N.Y. 11798 for ~
Variance for Approval of Ac-
cess, New York Town Law,
Section 280-A. Location of Pro-
perty: 5692 Main Bayview
Road, Soutbold, N.Y.; bound-'
ed north by Breslin; west by
Bur'khardt and Ebler; south by
Corey Creek Lane; east by
Orientale. County Tax Mag,/'
aH7rCel No. 1000-78-4-41.2.
:45 p.m. Application
ARLES P. ZIEGLER, by
y Flanner Otsen, Esq,,
Main Road, Mattituck, N.Y.,
for a Variance to the Zoning
Ordinance, Article I1, Section.
100-23(C) and Article III,
Sections 100-30 and 100-31 for'
permission to locate buildings'
with insufficient setbacks as
exist on the premises due to
the proposed location of the
subdivision lines and for per:
mission to retain garage use of
building on Lot No. 2; and for a
Variance for Approval of Ac-
cess, New York Town Law,
Section 280-A. Location of Pro-
perry: Home Pike Road,
tuck, N.Y.; Subdivision
12, 13, and 14 as shown on
Map of Point Plesant No. 270;
Suffolk County Tax Map
Parcel No. 1000-114-1-5.
7:50 p.m. Application of
PASQUALE ROMANELLI, by
Flanner OIsen, Esq.;
:'M,~in Road. Mattituck, N.Y.
for Variances: (1)to New York
COUNTY OF SUFFOLK
ss:
STATE OF NE'W YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a punic newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been publish~ in said Long Island Traveler-Watch-
/
man once each week for ..................... ....... ~ ...... weeks
successively, commencing on the "~
Sworn to before me this mc day of
Gary FLANNER OLSEN
COUNSELLOR AT LAW
Re: Ziegler Variance Application
Dear Linda:
Please let this confirm that I am in the process of making application to the
DEC to divide subject premises. As you are aware, the Planning Board ju st
approved the division at its meeting of August 18, 1982. Also please note that
the elevations for the greater portions of the property exceeds 10 feet, and
therefore, I would expect a letter of "non jurisdiction" from the DEC.
Due to the fact that Mr. Ziegler is under great pressure to have this appli-
cation proceed promptly, I would appreciate the Board scheduling this matter
for its next meeting and, of course, any determination could be subject to
DEC approval, which I will send to you as soon as it has been received.
Very truly yours,
gFO/emj
Board of Appeals
Town of Southold
Main Road
Southold, NY
11971
GARY F LA NNE1Y~OLS I~I~'
(~ZDA Chairman/Members eopie.~
'( ) Fui!ding Dept.
,( ) Planning BOard ....... '
· ( ,) ApPlicant or his Agent
Or aa file
~ ) .OO~en~s or Reply Re~ueste~
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RiTCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
August 26, 1982
Mr. Gary Flanner Olsen
Main Road
Mattituck, New York 11952
Re: Charles P. Ziegler
Dear Mr. Olsen:
The following action was taken by the Southold Town Planning Board,
Wednesday, August 18, 1982.
RESOLVED that the Southold Town Planning Board approve a set-off
106-13 as designated on the subdivision map of Charles P. Ziegler,
located at Mattituck subject to the following conditions:
1. Completion of the State Environmental Quality
Review Act
2. Approval from the Zoning Board of Appeals
3. Applicant receiving permits from t'he New York
State Department of Environmental Conservation.
Upon receipt of three copies of the final map and the above conditions
being met, the chairman will endorse his approval on said maps; two
copies will be returned to your office for your files.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
cc: Board of Appeals/
By Susan E. Long, Secretary
HENRY E. RAYNOR Jr.. Chairman
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITOHIE LATHAM. Jr.
~illiam F. ~ullen,
Jr.
Southold, N.Y. 11971
TELEPHONE
765- 1938
Mr. Gary Flanner Olsen
Main Road
Mattituck
New York 11952
July 21, 1982
Reg Charles P. Ziegler
Dear Mr. Olsen: "
The following action was taken by the Southold Town Planning Board,
Momday, July 19, 1982
RESOLVED that the Southold Town Planning Board declare itself ~ead
~ in regard to the State Environmental Qua~'~ty Review Act in
the ~atter of the minor subdivision of Charles p. Ziegler located
atMattituck. ,.. ,
An lnitl~ determination of nonsignificance has been made.
a field inspection made on this property, the board finds the
lines insufficient due to the low area on lot number one. It is
that the maps be revised to reflect that which has been
designated on the enclosed map.
If you have any questions, please don't hesitate to contact our office.
Enc.
Yours very truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secreta~
Southold Town Board of Appeals
ENVIRONMENTAL DECLARATION:
of CHARLES P. ZIEGLER.
for September 9, 1982.
August h6, 1982. '
Appeal No. 3025. ApPlicatioh
Variance for access. Public Hearing·
On motion by Mr. Douglass,
it was
seconde~
by Mr. Sawieki,
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of ~harles P, Zieqler:
E~VIRONS~ENTAL DECL.~ATION: ·.
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 determ, ined 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: "Home Pike Road", Ma~tituck, NY
Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer,
Grigonis and Sawicki (absent was Member Doyen)
APPEALS BOARD
MEMRERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR
SERGE DOYEN, JR
ROBERT J. DOUGLASS
JOSEPH R. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'7]
TELEPHONE (516) 765-1809
August 27, 1982
Gary Flanner Olsen, Esq.
Main Road, Box 38
Mattituck, NY 11952
Appeals No. 2951 and~3025
Charles P. g±eglor
Dear Mr. Olsen:
Regarding the above applications, please be advised that
we today were informed by the office of the Department of Environ-
mental Conservation in Stony Brook that this property has been
issued a permit for a two-lot subdivision under Permit No. 10-82-
0185S72 effective June 2, 1982 and expiring September 30, 1983.
This new application (No. 3025) has been scheduled for public
<hearing for our next regular meeting of September 9, 1982 at 7.45-
~p.m.
With reference to Appeal No. 2951 filed on February 8, 1982,
the board would like to know whether or not the application will
be withdrawn.
Yours very truly,
GERARD P. GOEHRINGER
lk CHAIRMAN
.D
,D
HENRY E. RAYNOR, Jr., Chairrr~n
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
August 26, 1982
Mr. Gary Flanner Olsen
Main Road
Mattituck, New York 11952
Re: Charles P. Ziegler
Dear Mr. Olsen:
The following action was taken by the
Wednesday, August 18, 1982.
Southold Town Planning Board,
TELEPHONE
765-1938
RESOLVED that the Southold Town Planning Board approve a set-off
106-13 as designated on the subdivision map of Charles P. Ziegler,
located at Mattituck subject to the following conditions:
1. Completion of the State Environmental Quality
Review Act
2. Approval from the Zoning Board of Appeals
3. Applicant receiving permits from the New York
State Department of Environmental Conservation.
Upon receipt of three copies of the final map and the above conditions
being met, the chairman will endorse his approval on said maps; two
copies will be returned to your office for your files.
cc: Board of Appeals
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Susan'E. Long, Secreta~t~f
ilE(/lVED
TOWN OF SOUTHOLD, NEW
1 7 1982
APPEAL FROM DECISION OF BUILDING INSPECTOR
Tram ~ S0uth01d
Y~RK
APPEAL NO.
DATE ..A n~U~t.~2...~9.82
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ....... Cha~.l~s ..P.... zte gle r ................... of ......... ~.~8;e. ~3.Q r~ ..8.q~ ~1...~ ..]3.Q;~.. 3 .~.~ .............
Nome of Appellant Street and Number
Mattituck, New York 11952
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLIC~ATION FOR PERMIT NO ..................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Pike Home Road - Box 355 Mattituck, New York 11952
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X)- ACCESS VARIANCES & VARIANCE
1, LOCATION OF THE PROPERTY ........ ~-~D_.m...e :l~.e Road" Mattituck Agricultural-Restdentia
Street Use District on Zoning Map
~l~lPai~'~oint Pleasant '720
L~o~' 12 -14
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 Ordi.nonce.)
Art III, Se~c:.~'~-0(2)(d); Art III 100-31 (Bulk Schedule); Art4Tf'Sec. 100-23 (c)
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VA~,tANCE to the Zoning Ordinance or Zoning Map
.( ~]~ A_VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal {t:mm0 (has not) been made with respect to this decision
of the Building Inspect~rr or with respect to this property.
Such aopeal was ( ) request for o special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ~ A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that applicant seeks to divide property as shown on annexed
survey, which is made part of this application, located on a private road
(Continue on other side)
REASON FOR APPEAO Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
~ HARDSHIP b~cause applicant presently has an application pending before the Planning
Board to divide the subject premises into two parcels. The Planning Board has recommen
dad the division line be so located that the garage on the northerly parcel (parcel 2)
would beright on the division line. Since the garage would become the principal
building, until such time as a house is built, a side yard variance is required.
A/so, this parcel is located on a private road known as '~qome Pike" n'ecessitating an
access variance.
,6, fron,tage variance is also required for lot #2.
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because the applicant is dividing property into
two parcels with existing structures. The proposed division line as suggested by the
Pl. enntn{f Board, Will require a side yard variance.
This parcel; is located on a private road requiring approval of access.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the buildings are already on the property and
unless this~access is approved, the applicant would be unable to use the premises
for its zoned purposes i.e. residential use.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
SS
Char----le.~s Z~ L ,
Sworn to this .............. 1...2.~:.~ ........................ day of ......AL~g~l~.t. .............................. 19 82
52-970372,5
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
CHARLES P. ZIEGLER :
:
tO th~ Board of Appeals of the Town of Southold :
TO:
NOTICE
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) l~$-llit~e]ffirah'lg~g~ ~,tt~[]~-~e'~i~ (the following relief:
access approval and side yard and frontage variances ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribeda~follows: No,th:' ~alzon: East by Mattituck Creek: South: Meskouris:
West By %tome Pike" private road,
3. That the property which is the subject of such Petition is located in the following zoning district:
A gri~ultural - Residential
4. That by such Petition, the undersigned will re. quest the following relief:
access approval; side vard and frontage variances
S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
are: ~rt. III Sec. 30 (2j)(d), Art. III 100-31 (Bulk Schedule); Art. III Sec_. 1~00-23(c)
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be fil.ed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ~l~y then and there
examine the same during regular office hours. / ~
/
7. That before the relief sought may be granted, a public hearing must be he~ on the n~atter by the
Boar. d of Appeals; that ..l~otice of such hearing must be published at least five day~/prior to th~ date of such
hearing in the Suffolk T~mes 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~/r~your representative have the
right to appear and be heard at such hearing. //// /
Petitioner' Gary.~nner Olsen
Post Office Address
Main Road P.O. Box 38
Mattituck, New York 11952
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Solange Falzon
69-15 Exeter Street
Forest Hills, New York 11375
Peter Meskouris
69-08 Ditrnars Boulevard
Jackson Heights, New York 11372
~ ..
NEW YORK )
COUNTY OF SUFFOLK )
SS.:
'~,leanor Jones
of August, ,19 82
werse 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-
rice at Mattituck ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
, residing at Cardinal Drive, Mattituck, NY
, being duly sworn, deposes and says that on the 12th day
, deponent mailed a true copy of the Notice set forth on the re.
12th
Swo~n to before me
day of August/ / 19 82
Mattituck, ~/1/1//~2
~~o u ic
~o. 52-2959600
Eleanor Jones
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
..~_~..~ ~../~ .~.......~.~
PLEASE TAKE NOTICE that your ,application dated...~ .... .o ............ 19<~..'~.
for~ · ~/.P Z~./~ ~"Z~ r~~~ , at
County Tax Map No. 1000 Section ...[.~ ....... Block ...~('. ....... ~t .. ~ ....
Subdivision ................. Filed Map No ........... ~_. Lot No...- ~ i ..x~. ..........
is returned herewith and disapproved on the following grounds ~;:~~..~--~'. · .....
TOWN OF SOUTHOLD
ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In
that the preparer will 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 a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this
project is not significant.
(dj Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ........................ Yes XNo
2 Will there be a major change to any unique or
unusual land form found on the site? .... Yes
3 Will project alter or have a large effect'~'
existing body of water? ...................... Yes XNo
4 Will project have a potentially large impact
on groundwater quality? .................... Yes ~No
5 Will project significantly effect drainag~ -
flow on adjacent sites? ...................... Yes XNo
6 Will project affect any threatened or
endangered plant or animal species? ..... Yes ~No
7 Will project result in o major adverse
on air quality? ......................... Yes ~No
8 Will project hove a major effect on vlsuai'''
character of the community or scenic views or
vistas known to be important to the community?. Yes ~No
9. Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as o critical environmental oreo
by o local agency? ............. ; ............. Yes X No
Ia. Will project hove o major effect on existing
or future recreational opportunities? ......... Yes ~ No
11. Will project result in major traffic problems
or cause o major effect to existing
transportation systems? ....................... Yes ~ No
~2. Will project regularly cause objectlonoble
odors, noise, glare, vibration, or electrical
disturbance os a result of the project's
operation? .................................... Yes X No
13. Will project have any impact on public health
or safety? .................................... Yes X No
14. Will project affect the existing community by
directly causing o gr ~th in permanent
po~lation of more~ t 5 percent over a one
year period or hov~ c ~ojor negative effect
on the charo~'~er /f t '. community or
neighborhood?..././.. ./ ........... : ........ Yes X No
15. Is there public/~y ~sy concerning the ]]
project? ....... ~.,.~.~ ...................... Yes ~ No
PREPARER'S SIGNATURE ~ .
REPRESENTING Cha~es P. Ziegle~
order to answer the questions in this short EAF it is assumed
DATE August 12, 1982
FORM NO, 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic featu res.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safeW inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy $5.00
2. Certificate of occupancy on pre~existing dwelling or land use
3. Copy of certificate of occupancy $ 1.00
$5.00
Date .... .~. ~...~.~..~...~Z.~,., .........
New Building ............. Old or Pre-existing Building ... ~ ..... Vacant Land .............
Location of Property ..... .~..~..'"~-,m~.....~ ~. ~ ............................................
House No. ' Street Ham/et
Owner or Owners of Property ....... .~/.~.~. !~... ~ .~.. ~ .............................
County Tax Map No. 1000 Section .\\.~.~ .......... Block ...... ~ ........ Lot....~. ..........
Subdivision ................................. Filed Map No ........... Lot No ..............
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ................. ~ertificate .......................
..............
Construction on above described building and per~,t, meets.at~h~able codes~egulations.
Applicant ,, .~.~,~j~~,~., .........
Box
Mattituck, NY 11952
August ~, 1982
$outhold Town Zoning
Main Rd.
Southold, NY 11971
Gentlemen:
Board of Appeals
Flea~b~ advised that
was ~-by the office
I did not have anything to do with the sale.
do not have any interest in this application.
Re: Charles Ziegler
the followin~~house, farm
that I am conSecte--d with, however~
I therefore,
gPg
Very truly yours,
.er~ar~ F. Goehrin~r~
LERK
: 239.1 and m,
5-1801
N. Y. 11971~10
~xVO ~
\ \
2.5 A(c
9
TOWN OF SOUTHOLD
15;~.?