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HomeMy WebLinkAbout2839 TO~ OF SOUTHOLD, NE~ YORK ACTIO~ OF THE ZONING BOAI~D OF APPEALS Appeal No. 2839 by application Dated June 9, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William B. Smith as agent for (Colonial Corners, Mechanic Street ~ 0~%~~ ~ Southold, NY 11971 DATE ...1.0./.1./.'.81 Inc .) AppeHant at a meeting of the Zoning Board of Appeals on A,ugust 6,, 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 Zoning Ordinance Art. VII, Sec. ( ) 100-71 the appeal 1. ~Kk'~tR~X2~Yr.K~lt~F/t.~Xl~g~gX~~~ that a special exception ( ) be ~a~ed ( ) be de.ed pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of ~e Building I~pector ( ) be reversed ( ) be confirmed b~au~ Public Hearing held 7/9/81: Application of Colonial Corners, Inc., Main Road, Southold, NY, (by William B. Smith as agent), for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard setback of two proposed parcels at the south side of Main Road, Southold, NY; east parcel to Dubovick; bounded north by State Road 25; south and east by Methodist Church. County Tax Map Parcel Item No. 1000-61-4-7. (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) (c) 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS I II Appellant by this appeal seeks approval of insufficient area of two proposed parcels, of approximately 3,075 and 4,200 square feet, and will front on State Route 25 24.87 feet and 25.00 feet respectively. Each of the parcels con- tain preexisting two-story frame buildings between which the dividing line is proposed. Along the easterly side of the existing building on proposed Parcel 2 is a right-of-way, as shown on surveyed submitted with this appeal and dated July 16, 1969. The premises are zoned B-1 General Business. In considering this appeal, the Board determines that the circumstances herein are unique and practical difficulty has been shown; that the relief if granted will not change the character of the neighborhood; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; 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 zoning ordinance, Article VII, Section 100-71 be granted as applied for in Appeal No. 2839, application of Colonial Corners, Inc., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the square footage of the buildings cannot be increased from their present size; 2. That the buildings cannot encroach on neighbor's property line any more than presently exists. 3. That this matter is subject to referral to the Suffolk County Planning Commission pursuant to Section 1323, et seq. of the Suffolk County Charter. 4. That this matter is subject to the approval of the Southold Town Planning Board. Location of Property: South side. of Mai~..~oa~,~(S~R. 25.), Southold, NY; County Tax Mau Item'No~ I000-~t~4~_ Vote of the Board: Ayes: ringer, Sawicki and'Grigonls.~ Messrs. Doye~ D~oug.Iass, Goeh- APPROVED Chairman Board LEGAL NOTICE OF HEARINGS 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 Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construc~ dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates SUbd. Filed Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marioh, NY for a Variance to the Zoning Ordinance, Art. III,'Sec. 100-31 for permisSion to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; County Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; COunty Tax Map Item No. 1000-141-3-26. Page 2 - Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed parcel 92, approval of access of proposed parcel 93 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. Roa8:20 p.m. Application of Coloniai Corners, Inc.,.Main d, Southold (William B. Smith, 220-Mechanic Street,' Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (sast parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item NO. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map 9806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of AoD~lm. T~wn u~ll M~n Rd_ . ~h~ld. NY 11971 . as soon as possible. T FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ · o .. ~ ~.~ ~ .... .~?.~ ~.s~.~ ....... ...~./.~ .... ~!.~! ~ ..... .S..~..!.-;(~... ...................... ................ ? PLEASE TAKE NOTICE that your application dated .......................... 19. . e~Wt~!c~~ OF Oct v ~ ~c'( i Location of Property ~ ~ ~ ~0 ~ ~ ...~... ~ .~ ~.. ) ~ h3~ ~o~ ............................... Street~1 Hamlet County Tax Map No. 1000 Section ....... .... Block ....... Z ..... Lot ~~ ...... Subdivision ................. F~ed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds.. ~Q.~ ~. ff.~ ] ~ .% ~.~ ......... . . .~ ~ ..... 4 .... ~ ~ ~ ~ .... ~.~ . . .~ ~ ........ ~. ~. . .~.?~ /. ,ff .~. ,7.~..~.(..~../.~,..~. ~ ..... Building Inspector RV 1/80 O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR .TO _THE ZONING BOARD.OF A~PE.ALS~ TOWN.OF SOUTHOLD, N. Y. ! (We,) 0~// ...................................... · " Street and Number : . 'Name of Appellant ........ ............ ......... Municipality THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... // ~ ,,T~ /~~t Name of Applicant for permit of ,~ /Y/~/~ff/er~ /c ST' ~o~T~,~ ~,~ ......... Street and Number Municipality State (~)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ,. ~o~**,ON o~ ,H~ ~O~*Y .~ ~/~...~.~ .... ,.3;O.U.~e/~ .~:.~ ................ ' ............. ; ..... ~"Street ~ ' U~' 'DistriCt on ~Oning'M6~ .... .... ..... r..Z ............. Mop ~o. kot ~o. 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.) /?~7~c4~ ~ - /aa-7! 3~' -TYPE OF APPEAL Appeal is made herewith for iX') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A ;VARIANCE due to lace of access ~(State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 "~, ,~.,~ 4. PREVIOUS APPEAL A previous apPeal:.(H~]s) !hos._~o~t) 6een made witH'respe"ct to'this decision of,the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was mode 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 ,~' ~ '~)/~ C. ~' L Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ ~AR~S~P b.cou. '7-H ~ s: ~. -f::'~ r~ c ¢ ~. ,~ W~: ~' c-' o ~ ~",~ o 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because /~,~ ~,~ 7~O /~ ~' ~ /IV~ 3 Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE .THE CHAR^CTE~ O~ THE~D~STmCT becau, j 'r F/a ~ ~ ~. c~ O~ ~ ~4 z~ ~ ~Re~ ~m ~0~ o F T~sE ~ Rc~L5 STATE OF NEW YORK, ) ss . co. T o, Sworn to this ......................... day ~ '/ Notary Public o~ ......... : .... 7'." ~ g~ NOTARY PUBLIC, State of New Yorlt No. 52-4524771 Qualified in Suffolk County Commission Expires March 30, 198,., ~ ~{~i01qTi} OF SUFF~)'L"i~ DEPARTMENT OF PLANNING Town, of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING October 9, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following aPplications which have been referredto the Suffolk County Planning Comm~ssion are considered to be a matter for local determination. A decision of local determination shouldnot be cOnstrued as either an approval or a disapproval. ~pplicant Municipal File Nl,mher Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scbtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc.~'/ Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown CGN:Jk 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, Lee E. Koppelman Director of Planning ~yl i ~~ ~' ~-- -- -- Gerald G. Newman Chief Planner -VETERANS MEMORIAL. HIGHWAY · HAUPPAUGE, L. I.. NEW YORK · 11788 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII'of ~the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article VII , Section 100-71 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2839 Applicant:~o1onial Corners, Location of Affected Land: s/s Main Road, Southo!d, NY County Tax Map Item No.: 1000- 61-~-7 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway State Road 25 Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting~~ approvR3 of ~R~3¢¢~nient area and yard setback of two pro~osed ~arcels. Public bear~ h~]d cant was ~ran~ed a variance sub~en~ ~o ao~d~on~. - Copies of Town file and related documents enclosed herewith for your review. Decision included. Dated: October 2, 1981 ~~~ ,_~. ~EL~ Secretary, Board of ApPeals ~ Today' s Date: l~lembers Absent, if any: Appeal No. 2839 Agenda Item/~Xlatter of: Type of Variance or Appeal: proposed parcels Resolution made by: Seconded by: COLONIAL CO~NERS, WILLIAM' B, SMITH as agent Appr~o_v_a_l of insufficient .area and yard at s/s of Main Road, Southold GCharles r,gon,s ~eo~en ~Robert ~ Gerard Joseph. ~ouglass ~oenrlgger baWlCK1 (v') ( ) ( ) ( ) ( ) ( ) ( ) ( ) (v') ( ) set back of two Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Den), ( ) Deny without prejudice ( ) Withdrawn without Prejudice (~/) Approve with th~ following conditions: Subject to County Planninq referral Subject to Planning Board approval ( ) ( ) Subject to D.E.C requlations ( ) Other: ~ - _ .:-=~. ~-.~ .... -~ -~ ~'~~ .~~~. ~_.~..~..' ~:~ ~ i'4 .. ~, ~ · ~ Findings of the Board are as follows: Other: Not %githin the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code spirit of the zoning code If so, %. ( ) Relief is not substantial Hardship not sufficient ( ) Burden of hardship or difficulty s'hown Hardship or Difficulty Not Unique and is unique Will set a precedent in the neighborhood ( ) Variance will not change character of Area is already very congested the neighborhood Interests of justice served by denyin(] Interests of Justice served by 9ran~ing ( ) ( ) Vote of the Board: Ayes: (/CG (~SD (~ RD (~ GG (Z JS N~y: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) July 15, 1981 Dr. James Dubovick Main Street Southold, NY 11971 Dear Sir: The partnership of Albertson & Katz will carry insurance to protect against any bodily injury or property damage that may result from occupancy, operations or renovation at the premises being purchased on Main Street, Southold. Joh er~ ast -End Insuranco Services WAYNE A. DePETRIS JOHN KRAMER MAIN STREET SOUTHOLD, NEW YORK 11971 (516) 765-3552 MONTAUK HIGHWAY BRIDGEHAMPTON, NEW YORK 11932 (516) 537-3552 $c~,d~rd N. )'. B.T.U. Form SOO? * 6-67-20M- B,rs, ifl snd Sal~ Deed. wish ~a~ a~inst ~rs~M's Acts- I,dh'~du~l or ~r~mlon. ~T Y~R ~B l~O~ S~G THM INS~--~IS INST~M~ SHOU~ ~ ~ED BY ~ERS O~Y, ~ ~~ ~de ~ 1st day of October , ~net~ h~r~ ~ seventy, ~ LESTER LITTLE, residi~ ag ~/8 Paradise Point ~a~, par~ of the first part, and · A~DR~ P. KRIPPSEI, residing at ~/S Town Harbor Lane, Southold, Suffolk County, New York, party of the second Pa~, voTrNEss~rH, that the party of the first part, in consideration of TEN ($10.) ]aw~n! money of the United States. and other good and valuable consideration, paid b~ '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 I. ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying, and being in the Village and Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Northerly by the I~?ain Street or Highway twenty-five feet and ten inches; Easterly by land of The Kethodist Episcopal Church of Southold about One Hundred and Fifty feet; Southerly by land also of the said ~;ethodist Episcopal Church of Southold, about Thirty three feet and two inches and West- erly by land of William H. Terry about One Hundred and Fifty-six fee~. With a right of way to pass on foot on the Easterly side of and upon the premises of said William H. Terry, said right of way bein~ Eight inches wide on said Terry's Land beginnin~ at a point Twelve feet Southerly of the ;.~ln Street and running thence Southerly ~,enty-six feet and seven inches, then turnin~ to ~he right ~t an ~ngle of ~bout Forty degrees and runnin~ on to the premises of said Witlie~a H. Terry to a point thirty inches from the westerly line of the premises hereby conveyed, then Southerly at a width on said Ter~y's land of Thirty inches, a distance of ~wenty-one feet and six inches, with the right also to pro~ect cornices over the said Terry's land of the ssune ~idth and the same length as the said right of way. Also with a ri~t of way as provided for and.exchanged by and between The Methodist Episcopal Church of Southold and S. Bailey Corey by deed dated the 27~h day of February, 1900. PARCE~ IT. ALL that tra~ct or parcel of land, with 'the buildings and improvements thereon, situate at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Northerly by Main Street twenty-four (2~) feet, more or less;. Easterly by land of George C. Terry about One Hundred and fifty- six (156) feet; Southerly by land of The Methodist Episcopal Church about seventeen (17) feet, more or less, and Westerly by land of Serene ti.' Smith and another. Together with a right of way nine (9) feet wide across the South- erly end of said Terry's land to pass on foot and with vehicles out to and also over and upon the said right of way provided for and exchanged by and between The Methodist Episcopal 0hutch of So~uthold and' S. Ba'iley Corey by deed dated February 27, 1900. Being and intended to be the same premises conveyed by Hedvig P. Terry to LeSter Little by Deed dated October'lst, 1970, and duly recorded in the Buffolk County Clerk's Office. SUB~C~_ to a mortgage in the amount of $42,500. held by Hedvig P. Terry which the.Party of the second part hereby assumes and agrees to pay. ~ July 15, 1981 Dr. James Dubovick Main Street Southold, NY 11971 Dear Sir: The partnership of Albertson & Katz will carry insurance to protect against any bodily injury or property damage that may result from occupancy, operations or renovation at the premises ~being purchased on Main Street, Southold. J o h ~.- K~a~e r ~/~ ~s~ Eno ±nsurance Services LYNS;~00K 3'B530 IOTHFELD, OSTROW & LAWRENP-E OOUNSELORS AT LAW STEPHEN 45'9 MERRICK LyNBROOK, N. Y- 11563 WAYNE A. DePETRIS JOHN KRAMER MAIN STREET SOUTHOLD, NEW YORK 11971 (516) 765-3552 MONTAUK HIGHWAY BRIDGEHAMPTON, NEW YORK 11932 (516) 537-3552 O APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold 'Town Board of Appeals MAIN REIAD- STATE ROAD 25 5ElUTH{3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 July 13, 1981 Mr. William B. Smith 220 Mechanic Street Southold, NY 11971 Dear Mr. Smith: Please be advised that the Special Meeting of the Southold Town Board of Appeals was changed to Thursday, July 16, 1981 at 4:45. The originally scheduled date, Friday, July .17, 1981, was inconvenient for one of the Board members. The meeting will take place in the office of the Zoning Board of Appeals. I hope you will be able to attend. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN Eileen M. Carey Temporary Secretary CG:ec O APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 July 13, 1981 Dr. James T. Dubovick Main Road Southold, NY 11971 Dear Dr. Dubovick: Please be advised that the Special Meeting of the Southold Town Board of Appeals was changed to Thursday, July 16, 1981 at 4:45. The originally scheduled date, Friday, July 17, 1981, was inconvenient for one of the Board members. The meeting will take place in the office of the Zoning Board of Appeals. I hope you will be able to attend. ~ Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN Eileen M. Carey Temporary Secretary CG:ec LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the .Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct dwell- ing with insufficient rear yard' area at the corner of jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed ,aMap #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Home~$, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, l~ast Marion, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100- 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, ~ NYi ~ bourided ~lorth b~ Reiclq; west by Cedar Drive; soufli by' KaPassas; east bY Vasql/ez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Barrel, c/o Muni- cipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of South01d, Burns and State Road 25; we '~y Schneider; south by b,.age; east by Cummings, Scott and Meth6d- ist Church; County Tax Map. Item No. '1000~61-4-2, 9. 8:20 p.m. 'Application o~ff Colonial Corners, mc., .Main ,~,oadt ~South0l~l {William- laL. Smith~ ~0 Mechaniq Street. ~outhold. Ny as agent~ for a ~nce to thq 7-onine Ordin- an--~ce, Art. VII, Sec. 100-71 for --approval, of insufficient area '"~nd yard setback of two oarqels at sout~side ad~ Southold (eas~ ~-~arcel to Dubovick), NY~; ~o6'finded north by State Ro~Ad 'Z~5_~ west by Dubovick; south_& east by Methodist ChRr. c~ County l~-~ Map Item N~oo. ' Iuuu-o!-4-/. ~. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct acces- sory shed with insufficient side & rear yard setbacks at property located on the north side of C.,l~. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-S9-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutch- ague, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-3S for permission to extend existing fence (6 feet high) into frontyard area at 249S Vanston Road, Cutch- ague, NY; Nassau Point Subd. Filed Map #806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56~h Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a · Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Rbad, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. Coun- ty Tax Map Item No. 1000- 86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR.~ Chairman 1T, 7/2/81 (10) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................................ weeks successively, commencing on the .... ..~. ............................ d of ~X . %.... , 19...W,_~..~. Sworn to before me this ~ day of .... ............. , CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York ;.ia. 52-9321725 Residing in Suffolk County ~ Commission Expires March a0, I LEGAL NOTICE OF HEARINGS 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 Southold Town Hall, Main Road, Southold, NY on Thursday, July 9,~ 1981 com- mencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Or- dinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Seuthold, NY; also known as Harvest Homes Estates Subd. Filed Map No. 5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c-o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, ARt. III, Sec. 100- 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battei, c-o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and-or width of five proposed parcels known as Shorecrest Subd. Filed Map No. 5.534: Lots 10, (continued on next page) COUNTY OF SUFFOLI~, STATE OF NEW YORK. ? ss: · .~..~.o~y. G.~..s~.~¥.s.o.~ ................... being duly Sworn. sa~s that . ~ .... is Printer and Publisher of the SUFFOLK 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; County Tax Map Item No. 1000-141-3-26. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel No. 1, approval of in- sufficient area and width of proposed parcel No. 2, ap- proval of access ot proposea parcel No. 3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd. west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. of area ~ao~tntbV_Met?dist ChurehL. v Tax Ma0 Item 8:30 p.m. Application of David L. Mudd, North Road, ~Southold, NY for a Variance to the Zoning Ordinance, Art. III, See. 100-30 A & C, 100.32 for permission to construct ac- cessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 881~ Vanston Road, Cut- ehogue, NY for a Variance to the Zoning Ordinanee,Art.'III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road. Cut- chogue, NY: Nassau~ Point Subd. Filed Map No. 806, Lot 357; County Tax Map Item No. 1000-111-6~6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Or- d'i'nance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS. JR. CHAIRMAN :.~ INSTRUCTIONS: · -- (o) In o that the prepo project and th additional stu (b) If a signiiricont an (c) If o project is no~ (d) · 12. 13. I4. 15. SIlO[ST ENVIRONk(ENTAL ASSESS)AENT rder to answer the questions in this short EAF it is' assumed ret will use currently available information concerning the e likely impacts of the action. It is not expected dies, research o= other investigations will be undertaken. ny question has been answered Yes the pro~ect may be d o completed Environmental Assessment Form is necessary· 11 questions hove been answered No it is likely significant. ronmenfol Assessment .... Will project resul'{'in o large physical change ~, "/" to the project' site Or physically alter more than 10 acres of' land? ........................ 'Yes o Will there'be o major change to any unique or -unusual land form Found on the sit~? ........... _Yes. Will project alter or hove a large effectlon . existing body of water? ......... .............. on groundwater qualify? ....................... , , , e o Will project significantly effect drainage. Flow on adjacent sites~ · Yes~'No Will pro~ect affect any threotene~ or .... endonoered plant or animal species? ........... . ,Yes on air quality? ............ · ................ Will project have o major effect on visual character o~ the community or scenic views or. _'¥e~ vistas known to'be important to the community?. Will project adversely ~mpact any site or structure o~ historic, prehistoric or . paleontological importance or any site ' designated as a critical environmental a~ea by o local agency? ........... '.~;..'~-.~'.'~'.'~"~--'< Yes_ WilI project hove o major effect on existing or ~uture recreo~ionoI opportunities? ......... Yesl~ No WilI project resul~ in.major ~ofr~c probiems e o~ cou~e o mojo~ eFfec~ to ex.~sting ~onsporto~ion systems? ....................... Y Wiii projec~ ~eguio~Iy cause objec~ionobie odors, noise, giore, vibration, o~ eIec~ricol. disturbance os ~ result of ~he p~oject's . operation? ......... ' ............................ Wiil'projec~ hove any impoc~ on pubIic heoi~h or.sofe~y? .................................... Yes WiIi p~ojec~ affect ~h~ existing community by direc~Iy causing o g~ow~h in permanent popuIo~ion of more than 5 pe~ce~t ove~ o one year pe~iod or hove o major negative effec~ on the character of ~h~ community o~ neighborhood? .......................... ~ Yes Is there pubIic controversy conce~nlng ~he project? ...................................... ,, ~cs~ No (Today' s Date) To: Re: Southold Town Board of Appeals Main Road Southo!d, NY 11971(~~Z/w~u% Appeal Application of Location of Property: . ~.~ Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ~Si~atur[~p-l'eas[ ) Addendum to Legal Notice 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis ' Inland Homes (for Amelia Vaskelis) Mr. Thomas Crowley Mr. Peter Stoutenburgh (for Mr. Thomas Crowley) Mr. Frank A. Battel Mr. Richard J. Cron (as atty. for Frank A. Battel Mr. James R. Giambalvo Mr. James Cooper Mr. Robert W. Gillispie, III (as agent for Phebe Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires ! Gary Flanner Olsen, Esq. (as atty for Mrs. Rose DInsker) Mrs. Rose Dansker The following adjacent property owners to Frank AL Battel: Mr. Herbert J. Brown Mr. Henry Bischoff Mr. Thongs F. Mallon Mr. Valentine Ruch, IV Mr. Albert Schilke Ms. Dorothea Shipp Mr. & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith & James R. Giambalvo) Bridge Estate) $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 31973 TELEPHONE (516) 765-1809 APPEALS BOARD' MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T," ~7,;' TUT,~:LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Appeal No. 2839 NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Application of: ~olonial Corners,~nc.) -- (by Wm~ B. Smith, agent) Location of Property in Question: Main Road, Southold, (east parcel to Dubovick) , NY County Tax Map Item No. 1000- ~61r4-7 ~ Project Proposed by Appeal Application: subdivisio~ of one lot into two lots with insufficient area and yard set back. 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 Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. 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 appli- cation. Dated: June 16, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to:ApplicantT°wn Clerk Bulletin Board ~i.~l ~ i~0(~ ~ ZBA file O 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 June 25, 1981 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at a regular meeting held on June 22, 1981. APPROVAL that the Colonial Corners appeal should be processed as a new subdivision. It is the consensus of the board that they feel that this subdivision is too small. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary 0 Southold Town Board o£Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals June 19, 1981 Determinations pursuant to chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Colonial Corners appeal Location of Property Main Rd. (East parcel to Dubovick), Southold Phebe Bridge Estate appeal Frank A. Battel apPeal R-O-W off south side of Main Rd., Southold (west of boundary to Burns Real Estate) Bayberry Lahe, Southold, Subd. Shorecrest Filed Map 5584, Lots 10,11,12,13,14 Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Eileen M. Carey, Tg~porary Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 9, 1981 TO' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No.. 2839 application of Colonial Corners~ !nc. by William B, Smith for a variance. Also included are notification to adjoining property owners, notice of disapproval from the Building Inspector, ShOrt Environment. al Assessment Form, and Wetland Questionnaire. ~~'~'~~Judith T. Terr JTT/bn Town Clerk Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the 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 th~ Board of Appeals of the Town of Southold ~ to r~.~equest a (Variance) (Special Exception) (Special Permit)(the following relief: ~'~ z~J ) J//~Z: / 2. That the~r, operty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: '?lo~'r']-/ '~? ,/~,qj,'v l~b; ,b."~9~:'7- ..,~? /k4~:'~/'fo~-T' 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief:-~e ~J Qb I'LJ t'l~_- /'l~,'~o 5. That the provisions of the Southold Town Zo__ning Code applicable to the relief sought by the under- signed are: ~ f~-~' C:/- ~. ~ ~-T'J O ~,J ! c_J o -~ / 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. 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 t~ the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newsp.a.pers published.ii~ 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. NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: m/Z_./., ,'_/~/1// ~. ( ~'/9'~/'~ , residing at ' , being duly swOrn, deposes and says that On the ~ day of ~L~ E ,19 ~! , deponent mailed a true copy of the Notice Set fOrth on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said-persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at (certified) (registered) mail. Sworn to bef,~re me this ' t~.7 ~ day,gl ~ -,~ ~ Notary Public ; that said Notices were mailed to each of said persons by LINDA F. KOWALSKI' NOTARY PUBLI0, State of New H0.52-4524771 Qualified in Suffolk County .GOJaAOioJjoA ~pires [Mar. cb aO,, 50 \0 .FF'- - D - ~.rt' u VI~N TUYL ~ .501,4