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HomeMy WebLinkAbout2888 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2888 by application Dated September 16, ACTION OF TIlE ZONING BOARD OF APPEALS OF THE TOVgN OF SOUTHOLD To Thomas F. Daly, Esq. as attorney for Mr. Lenore Adamson Main Road, Southold, NY 11971 DATE 11./.2.4./.81 1981 AppeHant at a meeting of the Zoning Board of Appeals on October 15, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the ZonLng Ordinance Art. III, Sec. ( ) the appeal 100-31 ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be KF4~~ Public Hearing: 10/15/81: Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Daly, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; .west'.by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS By this appeal, appellant requests approval of insufficient lot area of two proposed parcels located along the east side of North Road to Bayview, and along the southwesterly boundary of "Bayview Woods Estates" Subdivision, Southold. Proposed Parcel "A" is a corner lot situated at the intersection of North Bayview Road and Private Road and contains an area of approximately 26,850 square feet. Proposed Parcel "B" is situated just north of Parcel "A" and contains an area of approximately 22,800 square feet. The lots in the neighborhood are of similar size and shape. Appellant asserts that the parcels were purchased separately and prior to the change in zoning to 40,000 square feet. The Board recognizes the practical difficulties in that by not allowing the variance the property will be substantially larger than those generally in the neighborhood. In Considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing 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 the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a variance to the zonin~ ordinance be allowed as applied for in Appeal No. 2888, application of Lenore Adamson. Location of Property: North Bayview Road and ShiPs Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, and Grigonis. (Member Sawicki was temporarily out of the room.) APPROVED Boar t of- ,PPe Isv AND FIT.ED BY 5OU2"iiCLD TO¥/N CLEF LEGAL NOTICE 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 S0uthold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of P.equash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; 110-7-12. 7:30 p.m. County Tax Map Parcel Item No. 1000- Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), Eas~ Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further Legal Notice - Page 2~ Regular Meeting for October 15, 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; .south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenor___~e Adamso________~nn, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the / Zoning Ordinance, Article III, Section 100-31 for approval of / insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east_~ by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct pro~fessional office building Man A-Residential Legal Notice - Page3 ~egular Meeting foT~Dctober~ 15, 1981 Southold Town Board of Appeals and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. Count.y Tax Map Parcels No. 1000,102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yu~lys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atway. County Tax Map Parcel Item No. 1000- 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15, 1981 Southold Town Board of Appeals bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and'east by Bethany Cemetery Association. .... County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe,~ Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, 1981 Southold Town'Board of Appeals northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Mains'Road, Southold, NY 11971. On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney for L'Eplattenier Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney for Future Screw, Inc. (Hufe) Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ i ........ .... . .~..~..~:~.... ,~.~..~. ~.: ............ .... ~~~.~. ~. .. ........ PLEASE TAKE NOTICE that your application dated .... ~~..~.., 19~.~.. for pe~it to~...~ ~/.~/.~.~./~~~.~~ ........................... at Location of Property~s~ ~~'~o~ .......... ~~ ' ' ~': ................ ~~--~~~~ County Tax Map No. 1000 Section . ~.7.~ ...... Block ... ~ ....... Lot~. 7.~ ~.. Subdivision ...... ~ ....... Filed Map No ...... ~ ........ Lot No. ............... is returned herewith and disapproved on the follow~g ~oun~~(~(~ .~.~ .' .~~~ ~V -- ~.~~.. ~~ ~ ~...~ ~~.. ~~~~. ~ ~e...~.~~ Building Inspector RV 1/80 O TOWN OF !SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Lenore Adamson ............ of 55 Ships Dr. 1, (We) ......... ~ ........................................................................................................................ ' Name Of Appella,nt Street and Number Southold ............................ ~ ......... , ......... ; ................ New York I41:I~I:Ry APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 9/lO/81 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Lenore Adamson Name of Applicant for permit of 55 Ships Dr. Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Application for Certificate of Occupancy of vacant land and divide property LOCATION OF THE PROPERTY Ships Drive A Res. : . Street Use District on Zoning Map 079 009-010 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art 111 See 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 ()(J~[ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'orrn ZB! (Continue on other side) REASON FOR APPEAL Co~'tir~ed- 1. STR!C~ APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the lot is approximately the same size as all other lots in the area and thus would penalize the applicant by preventing her from using the lot as-intended. The lot in question was purchased separately from the adjoining lot for the purpose of resale and thus the merger has created a hardship, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property a~:d in this use district because all the lots in the immediate vicinity are of the approximate same size as the applicants lot. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all the lots in the area are approximately the same size. STATE OF NEW/~YORK ) COUNTY 0~~4~ ss £'~~ ....... Signature"~'~"'""""~' "~~ ......... Sworn to this ................. /.~..~.. ............... day of ..... ~ ................... 19 ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk Term Expires March 30, ]9~i~ Town of Southold Board of Appeals SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING December 7, 19 81 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba Laja Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VETKRANSMEMORI&LHIGHWAY ,I HAUPPAUGE. L. I.. NEW YORK · 11788 0 Southold Town Board o .Appeals MAIN ROAD- ~TATI~ I~OAD 2~ ~OUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County'Charter, the Board of.~ppeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX 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.: 2888 Applicant: Lenore Adamson Location of Affected Land: North Bayview Road and Ships Dr., Southold County Tax Map Item No.: 1000- 79-3-9 & 10 (enclosed) Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Goose Creek 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 Ct~annel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant i~~~x~x was qranted approval of insufficient lot area of the two parcels as existed when property was previously separated. Planning Board has determined this project to be a "set-off", not requiring further processing by their department: Copies of Town file and related documents enclosed herewith for your review. Dated: December 4, 1981. Secretary, Board of Appeals HENRY E. RAYNOR, Jr., Chairman ?.".£DE.-_i?'_'_ __.. CCZ_"?.'~ JAMES WALL BENNETT ORLOWSKI. Jr. OEOROE RITCHIE LATHAM, Jr. William F. Mullen, Jr. O T ~.o ,LD Southold, N.Y. 11971 TELEPHONE 765- 1938 Novembe~ 10, 1981 Mr. George Fisher Sr. Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the property of Lenore Adamsom, Appeal No. 2888 be granted a "set-off", conforming with the lot lines set in the application. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secreta'z~y' cc- Thomas R. Daly, Esq. Board of Appeals/ ~ffabers Absent, if any: genda Item/~X'Ia[ter of: ~.~.., ~ - : . .- '" q:)e.o.~ Variance or Appeal: . ~1,~/~/ , . . g . . . . ' . .~solution made by: . ~-~/' (~') ' ( ) .~condedby: 4~/ ( ) ' ( ) ()'." (,i,~ ( ' ) ' :tion: (-/') Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) lqithdrawn without Prejudice ( ) ( ) Approve with the following conditionS: Subject to 'County Planning referral (~ Subject to Pl:annin9 Board approval , ( ).Subject to D.E._C. re_qulations ( ) Other: ndings of the Board are as follows: Other: ) Not %qithin the Character of the Neighborhood ) Variance is Substantial in Relation to Code ) Not .in ha~___gny _with purl:oses of the Code ) Hardship not sufticient ) Circumstances are~ Not Unique ) Iqill set a precedent fn the neighborhood ) Area is already very congested ) Interests of justice s.eryed by denying ) )te of the Board: Ayes: (//) CG (,,'~ SD (,'j Nay: ( ) ( ) () Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) )tes: ( ) ( ) ( ) ( ) ( ) Granting the Relief Requested is within spirit of the zoning code ( ) Relief is not substantial ( ) 'Burden of hardship or difficulty Shown Circumstances are Unique Variance will not change character of the neighborhood Interests of Justice served by grantin9 Other for Special ExCeptions RD (/)/GG () () (). Southold Town Board' of. Appeals MAIN RDAD- STATE RDAD ~-.5 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: October 21, 1981 SUBJECT: Appeal No. 2888 - Lenore Adamson . Location of Property: Ships Drive, Southold, NY, near the Subdivision known as "Bayview Woods Estates" Gentlemen: On Thursday, October 15, 1981 the Board of Appeals made the follow- ing action concerning the above appeal application: RESOLVED, to grant a variance to the zoning ordinance, Article III, Section 100-31 for approval of insufficient area of two parcels located at Ships Drive, Southold as applied for. This resolution was unanimously approved. There were no conditions adopted by the Board in this resolution; however, the Building Inspector's Disapproval reqUires Planning Board approval, a copy of which is attached hereto together with the survey maps submitted with our appeal application. Thomas F. Daly, Esq., attorney for the applicant, will be contacting your office in the near future in order that they may be placed on your agenda for the next Planning Board meeting, which we understand to be November 9, 1981. Yours very truly, ~ ' . CHAIRMAN CG: lk Enclosures cc: Thomas F. Daly, Esq. 'CD COUNTY OF SUFFOLK' SS: STATE OF NEW YORK- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the noti.ce of which the annexed is a printed copy, has been published Jn said Long Island Traveler-Watch- man once each week for ........ ~ ...... ~..i ................... weeks successively, commencing on the ...... ~ ........................... day~ ....... ~..~.. ......................... :, 19...~..~,. ,.~ S m t°_.~before me this C~(_~ ~ .~~_~. .... , i;i~i ..................... ~o~ .......... ................. Notary Public' ~/ EDITH A. GUY' NOTA~'y PUBLIC,- State ef New No. 52-4602497 C'vslified in Sui:tColk 'Counly__ Commission Expires March 80° York, N.Y. 10011 (Robert W. Gillispie HI as agent), for a Variance for approval of ac- ~Cess, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, N.Y.; bound- ed north bY. Stewart and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87'1-21. : 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, N.Y. for a Variance to the Zoning Ordin- ance, Article'HI, Section 100- 31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded north; west by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. ~;'8:20 p,m. Application of. Lenore Adamson, 55 Ships .l~r~ve, Southold. N.Y. Thomas F. Dayi- ESq.) for a sion to utilize B-1 General . Business Zoned premises for manufacturing at 45655 C.R. · 48 and Youngs Avenue, South- 'old, N.Y.; bounded.north by Harris and Dickerson; west by Youngs Aven.; south by C.R. ':48; east by Edson. Cou~ Map Parcel Item No. 2-16. " ~ - ~ 9:35 p.m. Application of . Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), NOrth Road, Southold, N.Y, for a Special Exception to the Zoning Ordinance, ;~. Article VIII, Section 100-80(B) for permission to utilize the sub- ject premises for Light Indus- trial Use. Location of Property: 45655 County Road 48 (a/k/a~ · 3750 Yountls Avenue), South- old, N.Y.; pounded north by ~ Harris an/1 Dickerson; West by- Youngs Avenue; south by C.R.. 48; east by Edson. County Tax Map Parcel Item No. 1000-55: 2-16. 9:35 'p.m. Application' of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, N.Y. LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- the Amended Code of the Town of Southold, a regular meeting and the fol- lowing Public Hearings will be held by the Southold Town- Board of Appeals-at the Southold Tow Hall, 'Main Road, Southold, N.Y. on Thursday, October 15, 1981 commencing at 7:15 o'clock P.M. as follows: .7:15 p.m. Application of Carl H. King, 350 King Street, Orient, N.Y. for a Variance to Variance to the Zoning Ordin- 'for a Special Exception to the ance, Article iii, Section 100- .:. Zoning Ordinance; Article 'XI, 31 for approval of insufficient' ".Section 100-118D to use exist-'~ area for division of premises ' ing two-story house for dwell- lOcated at North Bayview Road -, ing use in a B-1 General and Ships Drive, Southold, Business Zone. Location of N.Y.; bounded north by Nortl{ Property: 45655 County Road Bayview Road; west by Ships' 48 (a/k/a 3750 Youngs Av- '_Drive: south by Mullen; east enue), Southold, N.Y.; bound- bY Reese. County Tax Map ed north by Harris and Dicker- PgI~el ,Item No. 1000-79-3-9 & son; west by Youngs Avenue; 10. - south by C.R. '48; east by ~ p.m. Application of Edson. County Tax Map Par- Joseph L. Lizewski, Main cel Item No. 1000-55-2-16. Road, Cutchogue, N.Y. (by ~ 9:50 p.m. Application of WilliamH. Price, Jr., Esq.) for Peter and Pat Lenz, Main a Variance to the Zoning Road, Peconic, N.Y. for a Ordinance, Article HI, Section Variance to the Zoning Ordin- 100-30 for permission to con- ance, Article HI, Section 100- struct professional office 35A for permission to con- building in an A-Residential struct gate and fence exceed- and Agricultural Zone with ing maximum height limita- existing dwelling use at 29325 tions at 38350 Main Road, Main Road (aJk/a 320 Depot Peconic; bounded northwest Lane), Cutchogue; bounded by L.I.R.R.; southwest by Otto northwest by Fogarty;. south- Keil Florists; northeast by west by Depot Lane; northeast Cichanowicz; southeast by by Dunne; southeast by Main S.R. 25. County Tax Map Road. County Tax Map Parcels Parcel Item No. 1000-85-2-17. Nc. 1000-102-2-12A and 11. 9:55 p.m. Application of 8:50 p.m. Application of Stanley J. Fliss, ~Ir., for D0minick and Rose DeMaio, Mattituck Air Base, 840 Bray by William J. Jacobs as agent, Avenue, Mattituck, N.Y. for a c/o Box 199B, Depot Lane, Variance to the Zoning Ordin- the Zoning Ordinance, Aticle Cutchogue, NY for a Variance ance, Article VIII, Section HI, Section 100-32 foor pennis- to the Zoning Ordinance, 100-80 for permission to con- sion to 'constrU~ .~.'accessory .~:.Article HI, Section 100-31 for struct addition to office build- building in the t~°ntyiird area .... permission to construct new lng ~ an insufficient front at 350 King ;Street, VOrlent';' '~" dwelling with insufficlent front yard at 410 Airway Drive, bounded north by Navy Street; and rear yard areas at Cedar Mattituck; bounded north by Point Drive West, Southold, Bagshaw, Wickham; west by west'by Shaw and Nolnn; Peconic Corp.; south by Park N.Y.; bounded north by Cedar . south by King Street; east by _A:re~:; ;aanStd by KWu ~k~w:~ .Tyrrell; County Tax Parcel Point West; west by Giordano; ~.. ' south by West Lake; east by F.F' . ,_ t.o.y, Item No. 1000-26-1-27. Soverel; County Ta'x Map ..~°un.~,l~x23.~.a2p 7:20 p.m. Application of I - r~o. lt~J-lzo-- ==..~_parcel No. 1000-90-_. '4--~:.~-~-~- ............ ~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: J Troy Gustavson ...................................... being duly Sworn, says that . .. he., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekh~ Times once in each week, for ....o.n.e. ..................... weeks successively commencing on the .... 8..~.h. .................. day of .., .O.c..~ber. .... Sworn to before .t(...8~h! day of .O.c~p.b~. ......... 19. ................. HELEN X. DE VOE NOTARY PUBLIC. State of New York No. 4707818, Suffolk County. Term ~'DIres ~,",?r,~h ~O !~'~:~ Legals and rear yard *area at 435' Cleaves Point Road (a/k/a LEGAL NOTICE · 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 Beard of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, October 15, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, ArUcle III, Section 100-32 for permis- sion to construct accessory,~ building in .the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Par- cci Item No. 1000-26-1:27. 7:20 p.m. Application of Peqnash .Recreation Club, Inc., Box 902, West Road, Cut- chogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permis- sion to construct fence along front, yard area exceeding .the maximum height require- ments for' fences. Location of Property: 205 WestRoad, Cut- chogue; bounded northwest Morris; southwest by Cut. chogue Harbor; northeast by West Road; southeast by Cut- chogue-New Suffolk Park Dis- 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tiffed as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 .p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syesset, NY for a Var- iance to the Flood Damage Preventi°n Law of the Town of Southold, Section 46-18 for per~/ mission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Read, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:55 p.m. Rehearing. Appli- cation of Robert T.' Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for 8 Variance for approval of access,. New' York Town Law Section 280A. Location of Property: Right- of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewari~- and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck. Lane, Peconic, NY for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- i;- icie III, Section 100-31 ~ permission to construct new dwelling withinsufficientfront and rear yard areas at Cedar~:~ Point Drive West, Southold,..':~il NY; bounded north by Cedar. · Point West; west by Giorda- no; south by West Lake; east by Soverel; County Tax' Map Parcel No. 1000-90-1-4. 3-9 & 10. ' - ' ' 8:35 p.m. ApplicaUon of Joseph L. Lizewski, Main Road, Cutchogue, NY (by Wil- liam H. Price, Jr., Esq.)for a Variance to the Zoning Ordi;/' nance, Article III, Section 100- 30 for permission to construct professional office building in an A-Residential and Agricul- tufa! Zone with existing dwel- ling use at 29325 Main Road (a/k/a 320 Depot Lane), Cut-. chogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; ' southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio~, by William J. Jacobs as agent; c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to me zomng Ordinance, Art- (1) for approval of access, New York Town Law Section 2~0-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to build new' dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconii:, NY; bounded by Dickinson i:- 9:00 p.m. Application of ~. Nicholas D. Yuelys, 56005 County Road 48, Greenport, i a to the for Variance Zoning Ordinance, Article III, ~- Section 100-32 for permission ~ to construct accessory build- · ~- lng (garage) in the frontyard ,} area at 56005 County Road 48, Greenport, NY; bounded north ~ by L.I. Sound; west by Chu-/ trict; County Tax Map Parcel- ~ - back at 7130 Indian Neck ~ dan; south by C.R. 48; east by Item No. 1000-110-7-12.- . Lane, Peconic; bounded north- · ' II Atway. County Tax Map Par- 7:30 p.m. Application of 'i .w. est_by Cukor; southwest by ~ cel Item No. 1000-44-1-19. Virginia L. Wickham, 105 Old ..... llog Neck Bay; northeast and~,. -.,~ 9:15 p.m. ApplicaUon* 'of Harbor ROad, New' Suffolk~*'~;'~ southeast by Prellwitz: Co[/ii~ ..... :- ~.~/ Victor L'Eplattenier;Box361,·, NY for a Variance for ap,. Tax Map Parcel Item No. ,~ Peconic, NY (by Rudolph proval of access, New York 1000-~-7-8. ' ' Bruer, Esq.) for Variances: Town LaWSection 2~0A. Loca~ 8:20 n.m. Aoo~iq8ti~n of .. tion of. Property: 105 Old ~.~-~ Ad~m~nn. 55 Shins~ Harbor Road, New Suffolk; Drive.. Southold. NY - (by bounded north by Wickham; a east by Cutcho~ue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of~.. Toba Laja On'o, 167 Berry Hill Road, Syo~set, NY 11791, for a Variance to the Zoning Ordi-' nance, Article III, Section 100. -~-~-~' 31 for permission to build new. · house w!th insufficient front. Street; west by Lake View' Ave.; south by Garrido; east by Garrido; further.identified/ as Subdivision Lots No. 57 and ' 58, Peconic Shores Subdivision. t duly Sworn. · he SUFFOLK ~.nport. in said ;d is ~ printed ~eekly Times ....... weeks St~mdard N. Y. B.T.U. Form 8007 * 6-67-20M-- Bargain and Sale Deed, with'C ...... t against G ...... 'sA .... Individual or Cornorati~ d~ ~) ~ 193 CONSULT YOUR LAWYE~ RE SIGNING THIS INSTRUMENT--THIS INST I~T SHOULD BE USED BY LAWYERS ONLY. THIS INDF-N'I1Ji:I.E, made the //~--'~ day of December nineteen hundred and 8~Xiz,'..-:2~.zt~O BETWW-~N WALTER ADAMSON and .L..ENORE' ..AD...~I$ON, his wife, residing at North Bayvtew Road, Southold, Suffolk County, New York, party of the first part, and LENORE ADAMSON, residing at North Bayview Road, Southold, Suffolk County, New York, party of the second part, thrl'rN~, that the party of the first part, in consideration of T~I ( ~;10. ) .................................................. dollars, lawful money of the United States. and other good and valuable consideration,paid by the party of the second part, does hereby grant and release unto the ,party of the second part, the heirs or successors and assigns of the 'party of the second part forever, PARCEL ONE: ALL that-' certain plot, piece or parcel of land,--Situatei - lying and being at Bay View, Town of Southold, County' of Suffolk and State of New York, bounded and described as follows: Beginning at a monument set in the easterly line of North Bay View Road, distant south 21° 22' 30" west, 100 feet south of land of Sayre, thence running south 62° 07' 30" east, along other land now or formerly of Meadow Point Properties, Inc., 180 feet; thence running south 27° 52' 30" west, along other land now or formerly of Meadow Point Properties, Inc., 151o15 feet to a point in the north- erly line of a private road; thence north 65° 46' 10" west, along ~ said northerly line of said private road, 161.93-feet to the east- erly line of North Bay View Road; thence running north 21° 22' 30" east, along said easterly line of North Bay View Road, 162.50 feet to the point or place of beginning. Being and intended -to be the same premises conveyed by Leo Schneider to Walter Adamson and Lenore Adamson, his wife, by Deed dated August 1st, 1964, and recorded in the Suffolk County Clerk's Office on August 5, 1964, in Liber 5590 of deeds at page 276. PARCET. TWO:- ~LL that certain plot, piece or psrcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Bayview, County of Suffolk and State of New York, bounded and described as follows: BEG~..rffING at a monument on the northerly line of a proposed 50 foot highway to be knowh as "Forest Drive" 161.93 feet easterly along said northerly line from the. North' Road to Bayview, said point of beginning being the southeasterly corner of land of Adamson; from said point of beginning running along said land of Adamson,. North 27° 5;2' 30" East 151.15 feet to a monUment and land of geese, thence along said land of Reese, 'South 62° 07' 30" East 150.68 feet; thence along lands of Meadow Point Properties, Inc., South 24° 13' 50" West 141.28 feet to said northerly line ff 11. of Forest Drive , .thence along said northerly line, North 65;° 46' 10" West 160.0 feet to the point of beginning. TOGE~HER with a right of way over said 50 foot proposed highway to be known as-~Porest Drive" from the southeasterly corner of Lt~R Standard N. Y. B.T.U. Form 8002 · 8-66-70M--Bargain and Sale Deed, with Covenant against Grantor's Acts-Individual or Corporation(Single Sheet} CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INST NT SHOULD BE USED BY LAWYERS ONLY. THIS INDF_~IXJRF-~ made the / ~..- day of June , nineteen hundred and s 5xty-eighg BETWF_,F~ MEADOW POINT PROPERTIES, INC., a domestic corporation having its place of business at Southold, New York, party of the first part, and WALTER ADAMSON and LENORE ADAMSON, his wife, both residing at North Bayview Road, Southold, New York, 11971, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the' second part forever, ALL that certain plot, ~viece or p~arc..el of.l.and~..with the b..uildings and im..provex?ents [.hereon erected, situate, lvinzand being in the TOWn OI' oou~nolo, a13 oayviow, uounDy oI' Suffolk and gta-te of New York, bounded and described as follows: BEGINNING at a monument on the northerly line of a proposed 50 foot highway to be known as "Forest Drive" 161.93 feet easterly along said northerly line from the North Road to Bayview, said point of beginning being the southeasterly corner of land of Adamson; from said point of beginning running along said land of Adamson, North 27° 52' 30" East 151.15 feet to a monument and land of Reese; thence along said land of. Reese, South 62© 07' 30" East 150.68 feet; thence along lands of the partyof"the first part, South 24© 13' 50" Vest 141.26 feet to said northerly line of "Forest Drive"; thence along said northerly line, North 65° 46' 10" West 160.0 feet to the point of beginning. TOGETHER with a right of way over said 50 foot proposed highway -~O-~-lcr~wn ~S "W~r~s~D-r-i~e~r-F~-d'~--the sou'~eas~erly corner o£ th.o- premises westerly about ~20 feet to the North Road to Bayview. This conveyance is in the ordinary course of business conducted by this corporation and stockh~ld®r consent is not requirefl TOGETHER xvith all right, title and ~interest, if any, of the party o£ the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of .the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of ~he first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the i.mprovement and will apply the sa,ne first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The xvord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year'fir{t~above written. ~, .~ ~,zaaa~!,,,, 75!5 MEADOW POX~ PROPER~IES,/'-~,~4~° [ . ~,o:,.' C~ ./7// - ~'/dQ';"~ k'~ ,' ,':/.-., ~,~ ..'.. '----/-"/7'- ~ . ' ':5,",'"?, · &~ Y · g . 5590 .a276 Standard N.Y.B.T.U, Form 80 3'Bargair, and Sale Deed with Covenant against r's Acts-Individual or Corporation (single sheet) CONSULT YOUR LAWYER EIEI:OI:~E SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 1st da3' of August , nineteen hundred and sixty-four, BETWEEN Leo Schneider, residing at 254 Sixth Avenue, 'Greenp~rt, New York, part), of the first part, and Walter Adamson and Lenore Adamson, his wife, both residing at Southold, New York, party of the second part, wrrNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby ~-ant and release unto the par~ of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, :~tlxfi~:b '~:~p~~~, sit~te. lying and being~t~ at Bay View, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a monument set in the easterly line of North Bay View Road, distant south 21°22'30'' west, 100 feet south of land of Sayre; thence running south 62007'30'' east, along other land now or formerly of Meadow Point Properties, Inc., 180 feet; thence running south 27°52'30'' west, along other land nOw or formerly of Meadow Point Properties, Inc., 151. 15 feet to a point in the northerly line of a private road; thence north 65°46'10'' west, along said northerly line of said private road, 161.93 feet tothe easterly line of North Bay View Road; thence running north 21°22'30'' east, along said easterly line of North Bay View Road, 162.50 feet to the point or place of beginning. BEING and intended to be the same premises conveyed to the party of the first part by deed made by Meadow Point Properties, Inc., dated August 31, 1961, · e~, ~d zi-, ,,,~ ~,,oik cgu_n~j- ~-~-'~ ~: ~^ ~ugtlst 31, 196i~---liber 5057 of conveyances, page 360; SUBJECT to covenants and restrictions contained in the aforesaid deed,, and-to any other covenants, restrictions, easements, agreements, reservations, and zoning regulations of record, if any. SUBJECT to any state of facts an accurate survey might show. TOGETHER with all right, title and interest, if any, of the party oI the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the and all the estate, and ng.hts of th.e party of the first part in and to said premises; TO HAVe' HOLD the p'renuses hereto granted unto the party of the second part, the heirs or successors snd assigns of the party of the second part forever. - - AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the pmiy of the first part will receive the consideration for this conveyan.ce and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the paYn~ent of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the ~ense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. -- / · / ~ ,.,r ../C T,eo S~hneider 0 0 $outhold Town Board APPEALS BOARD' MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. TERRY TUT::ILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2888 Application of: Lenore Adamson Location of Property in Question: 55 Ships Drive, Southold. County Tax Map Item No. 1000- 7~9-3-9 & 10 ,~ :: ? Project Proposed by Appeal Application: 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 herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmenta~ Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project,in question [X] is not located within 300 feet of tidal wetlands; [ ] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: October 2, 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File 5tlO;',T EI,',V~tEOI"',!,~EI'i't'AL A$$E$SI,tFNI' II,iSTP, UCT I OHS: 0 ~ order ~o ans,.tar ella questions in this short EAF it is assumed Lhot the preparer ~.till use currently available information concerning ~he projec% and ~J]e likely imf)~c'~s of the ac[ion. ]~ is no% expec%cd additional studies, research or o%},er investigations %';ill be undertaken. (b) If any ques[ion has been onswere~ Yes ~hc projec~ ma~ be 5ignifican% and o comple[ed Environmen%al Assessmen% Form is necessary. (c) If oll ques[ions have been answered J~o i% is likely %ha% {his projcc~ is no[ significant. .. .. ~ (d) Environmtntal /~ssessmen~ ' .. '1. %'/i'I1 project resoi~--in o large physical change '//N to the pro jack site' or physically alter more iht. in 10 acres o~ lanai? ......................... . ..Yes~ 2. %'/ill there bca major change to any unique or .unusual land fo~'m found on the site? .......... Yes 3. %'/ill pro3c~t alter or have a large effect on existing body of %ye[er? Yes 4. %'/ill project have a paten'[tally large impact , on 9roundvlaicr quality? ....................... Yes No 5. %'1ill project significantly effect drainage ~ flo~.l on adjacent sites~ ........ i .... Yes o 6. %'Jill projec~ affect any threatened or endc, ngercd plan~ or animal species? ............ ... .Yes~O 7. %'1ill projcci result in o major adverse e~fe~t on air quatily? ............................. '~--_ Y s ..... o' 8. %'/ill prnjeci have o major cf fcc% on visual character o~ the coramuni~ or scenic view5 or vistas ~nown to-be important ~o ~he communi~y?.~. 'yes= =~o ~. %'Jill projec~ o(Jversel)' impac[ any silc or . 5%ruc~ure of his[eric, prehistoric or .. paleonlologicol importance or any si~e designated as a cri[icol environmental area by o local agency? ............ =:--"-'~'-~'-".'-~"~--~'= Yes_ 10. %';ill project have a major e~fcct on exis~ihg or future recreational opportunities? .......... _ Yes= .... o 11. %'/ill projec~ rcsul~ i,~ .~ajor ~raff~c problems or. cou~e a major cf[ac% ~o ex,isling · / · ~ronspor[a[ion systems? ........................ ~ . Yes./ N 12. %'till projec~ regularly cause objectionable odors, noise, glare, vibra[ion, or electrical ./ dis%urboncc as a rcsul~ of {he project's operbtion? ......... ' ............................. Yes o' 13. %';ill projcc~ have an)' i~poc~ on public health .... - or .so[ct~? ..................................... Yes~_~./ N. o 14. %'/il! l)~ojec~ a[fcc~ ~he existing communi~ by .... direc~l~ causing o grow[h in permoncn~ population o~ more ~hon 5 pcrce~]~ over o one year period ~r hove o major negative on the cjloroc{cr o~ ~he community or ne~ghbor}lood? ................. t ............... = Yes_/ N_. o 15. Is [here public con[roversy concerning ~he s'~ project? ........... - ............ ~c o To: Re: Date) Soutkold Town Board of Appeals :-lain Road Southo !d, NY 11971 Appeal Application of Location of Prdperty: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Par. t 661, and Article~ 25 of the New York~ State Environmental Conservation Law, please be advised that the subject property in 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 be located within 300 feet of tida! wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; .however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please) O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 September 16, 1981 TELEPHONE (516) 765-1801 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No, 2888 application of Lenore Adamson 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 of property. ~_~ .~~_.~~ Judith T~ Terry JTT/bn Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Lenore Adamson : : to the Board of Appeals of the Town of Southold : TO: Timothy Mul. len 385 Ships Drive Southold, New York 1197] And Frederick Reese & Ano 8nr55 Su ise Hi~or~hW y bynbrook, New 11563 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of So§thold to request a (Variance) (f~PJlf~lk~f~,l~OA~ (~lRe~j~xP~e~L~t) (the following relief: ( I. 2. lhat the property wl~ch is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: County Tax Map Nm I flOrl R~t~r~m 079 Block 03 Lot 009-010 3. That the property which is the subject of such Petition is located in the following zoning district: A Res~dent~a I 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~ZLrti¢le III Section 100-3i 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! q~hnmm c 1:' rl~ 1,, 'R Petitioner Lenore Adamson Post Office Address BO;~ 000 gnl~-hnlr!~ N~:,w Yn~k 11q71 R EC EiPT~tO.R~ ERTl F i ED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) ' ~_~_~lo- ~ ' ,--7----~ ,TT~ S~ATE AND z P34 83157 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO ./'") ,.*1 "J STFLEET AND NO. ' ' · p.o., STATE AND ZIP CODE ~- ri  CERTIFIED FEE ~ "7 ¢ SHOW TO WHOM AND DATE DELIVERED SHOW TO WHOM, DATE, DELIVERY ~HOW TO WHOM AND DATE DELIVERED WITH RESTRICTEE DELIVERY SPECIAL DELIVERY SHOW TO WHOM AND DATE DEL[VERED ~ WHOM, DATE. DELIVERY DELIVERY STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: , being duly sworn, deposes and says that on the /~day of ~ /~~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side h~reof, directed to each of the above-named persons at the addresses set oppo~~respective name; that the addresses set opposite the names of said persons are the addresses of saiE~fsons as shown on the curr~s~~RII ~ t~T~~thold; that said Notices were mailed at the United States Post Of- rice at ' ~'~e~/' ,~'.[~r: ,.'~ ' ;that said Notices were mailed to each of said persons by (certified) ~) mail. Sworn to before me this /ff day of J ~--/~ 7~. ,-r.19 /t-f_ '- (~ Notary Public ~ ELIZABETH ANN NEVILLE ROTARY PUBLIC, State of New York No. 52-8125850, Suffolk · ~IAUTHORIZED ALTERATION OR ADDITIOM ro THIS SURVEY IS NEW YORK STATE EDUCATION LAW. COPIE~ OF 1~1S SURVEY ~U~ NOT RARING THE LAND ~JRVEYOR'S It~ SEAL OR EMBOSSED SEAL SHALL NOT B~ CO~IDERED TO ~E A VALID I'RUE COPY. GUARANTJ~ES INDICATED HEREON SHALL RUN' ONLY TO THE PERSON FOR WHOM THE ~URVE¥ IS PREPARED, AND ON HIS ~HALF TO TITLE COMPANY, GOVERNMENTAL ~NCV AN~' LENDING INSTITUTION LISTED H~IL~Ot4, AND TO THE ASSIGNEES OF THE LENDII~K~ [UT~ON. GUARANIEES ARE NOT TRANSFERABL rO ADDITIONAL INSTITUTIONS OR SUBSEOUr' '~NERS, 5.6~':'07,':~)"E . · ,'.' %l ~',/' ,,,'-,.I ',, TUr L.~oON · . ................ ~u.L.__. , '""F",.-!.,ED LAr'4D L; 14.4 A(c) ,37. 3 A (c) 4 5 f9 20 3O 13 14 15 16 17 '~0 ~ m~) 2 3 14.4 2.3A(c) 1.3A~c) 408, · 3A(c) -16