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~AILEY. PATRICIA A. Skunk Lane & Leslie's Rd., Cutch. reestablish leagal bidg. parcels ~3055 12/22/82 as existed prior to the 1971 change in area requirements. 97-4-11,12,&17 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~WG BOAI~D OF APPEALS Appeal No. 2846 by application Dated June 23, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 VAT~ .....!lf..1..2/81 Appellant at a meeting of the Zoning Board of Appeals on November 13, 19 81 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 tX) Request for a variance to the Zoning Ordinance Art. III, Section 100-31 ( ) the appeal g~r 1{ X ~ ~M~a~0~g~ Igl~ X~K ~X XXXX ~ l{l~n .................... Subsection .................... paragraph _XXXXlq.~l~l$~~X~X~0$cl~Xo~Y~Building Inspector ( ) be reversed ( ) be. c~~ Public Hearing: 9/17/81: Application of Patricia A. Bailey, RR#i, Box 114, Cutchogue, NY for a Variance to the Zoninq Ordinance, Article III, Section 100-31 for approval of insufficient road frontage of proposed Parcel No. 3 and insufficient area of proposed Parcel No. 2. Location of Property: Northwest side of Leslie Road and east side of Bay Avenue, Cutchogue, NY; bounded north by Nerone, Fieht and blcCleery; west by Bay Avenue; south by Maly, Price, Price; east by Swia- tocha; County Tax Map Parcel Nos. 1000-97-4-11, 12 and 17. (SEE ATTACHED SHEET) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE ATTACHED SHEET) practical difficulties (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 ATTACHED SHEET) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE ATTACHED SHEET) (would not) 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 ZONING BOARD OF APPEALS FORM ZB4 · · Page 2 - Decision Rendered November 13, 1981 By the Southold Town ~Board of Appeals Concerning ~ppeai No. 2846 Patricia A. Bailey A public hearing concerning this appeal was held on September 17, 1981 after due notice thereof in the local and official newspapers. The Board made the following findings and determination concerning this appeal: Appellant has appealed to this Board seeking a variance for the approval of an insufficient road frontage of approxi- mately 117.24 feet along Leslie Road of Proposed Lot 3 and the approval of an insufficient area of exact square footage of Proposed Lot 2, unknown to the board. Appellant has sub- mitted a sketch indicating the square footage of Proposed Lot 2 to be 36,369. The Board is familiar with the premises and recognizes there are several existing buildings on each of the three proposed parcels; however the location of the lot lines in relation to the location of these buildings has not been provided for consideration. The Board is con- cerned as to the nearness of the proposed lot lines and perhaps whether a building may be situated thereon. On August 6, 1981 this Board held a public hearing concerning this same appeal, and the Board rendered a deci- sion at a meeting held August 26, 1981 denying same without prejudice inasmuch as the notice of hearing was not adver- tised correctly in both the local and official newspapers and therefore it was not within the authority of this Board to favorably act upon this application as advertised. At a Regular Meeting of the Board of Appeals held Septem- ber 3, 1981, a resolution was unanimously adopted scheduling and requiring readvertising of this appeal for public hearing, which was held and closed on Thursday, September 17, 1981, pending a decision, upon receipt of an up-to-date certified survey showing the square footage of proposed Lots 1 and 2 and showing the existing structures with setbacks. Letters confirming same were forwarded to the applicant on Septem- ber 23, 1981 and October 28, 1981 and to date the Board has not received the requested documentation. The entire premises in question and considered merged contains an area of approximately 8.3 acres. The zoning code requires each parcel of land to contain an area of 40,000 square feet with road frontage of 150 feet for residential purposes. It is the opinion of the Board that there is adequate land available for appellant to meet the requirements of the zoning code for 40,000 square feet without significant economic injury. It is also the opinion of the Board that the ll7-foot road frontage for Proposed Lot 3 is not unreasonable and that the unusual shape of these premises lends itself to practical difficulties in this appeal for the insufficient road frontage. In considering this appeal, the Board determines that the relief requested as to insufficient area may be substan- tial in relation to the requirements of the zoning code; that the difficulty can be obviated by some method feasible for the applicant to pursue other than a variance for insufficient area; that the circumstances herein are not unique; that in view of the manner in which the difficulty arose and in consideration of all the above factors the interest of justice will be served by denying the variance as applied for. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the application of Patricia A. Bailey, Appeal No. 2846 be denied as applied for. Location of Property: Northwest side of Leslie Road and the east side of Bay Avenue (a/k/a Skunk Lane), Cutchogue; bounded north by Nerone, Ficht and McCleery; west by Bay Avenue; south by Maly, Price, Price; east by Swiatocha; County Tax Map Parcel Nos. 1000-97-4-11, 12 and 17. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUT}iOLD TOWN CLERK /~/.~/~t ~ou~,',~. ~ DATE J Town Clerk, Town of'Southold TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2846 by application Dated June 23, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Patricia A. Bailey RR#1, Box 114 Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on August 26, 1981 was considered and the action indicated below was t~ken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ ) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31 ( ) the appeal 1. :~,~,~Ar'A'~t~tX~K~ reso~tion of the Board it was determined ~at a special exception ( ) be ~a~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and ~e decision of ~e BuRding I~peetor ( ) be reversed ( ) be co~irmed b~a~ePUblic Hearing: 8/6/81: Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient frontyard of proposed lot #3 of said lots at 2155 Skunk Lane, (Bay Avenue), Cutchogue, NY. Above-mentioned front- yard of proposed lot 93 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery; bounded west by Bay Avenue; bounded south by Maly, Price, Leslie Road; bounded east by Swiatochia; County Tax Map Item No. 1000-97-4-11, 12, 17. (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 (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG:lk 8/31/81 FOR~I ZB4 ZONING BOARD OF APPEALS By this appeal, appellant seeks approval of insufficient area and road frontage of parcel(s) in a proposed three-lot subdivision. Proposed parcel No. 3 contains an area of 5.959 acres; parcel No. 2 contains an area of approximately 30,000 sq. ft.; parcel No. 1 con- tains an area of approximately 56,100 sq. ft. Parcel No. 3 would have insufficient road frontage on Leslie Road of approximately 117 feet. Upon review of this file, the Board finds that the written notice of hearing did not contain correct information concerning the circumstances in this appeal (particularly with reference to insufficient road frontage) and that it is not within the authority of this Board to favorably act on this application. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Patricia A. Bailey's application for a variance to the zoning ordinance in Appeal No. 2846 is hereby denied without prejudice. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Absent was: Mr. Doyen, Fishers Island) RECEIVED AND FILED BY erk, of uthold O 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 Town Hall, Main Road, Southold, NY on ThurSday, September 17, 1981 commencing at 7:15 p.m. and as follows: ' 7:15 p.m. Application of James V. Righter Architects, 58 Winter Street, Boston, Mass. 02108 (as agent for Jeremiah Bog~rt) for a Variance to New York Town Law, Section 280-A for approval of access. Location of Property: Clay Point (private) Road, Fishers Island, NY; bounded north by F.I. Sound; west by Kelsey; south by Private Road; east by Bogert' and Vanatta; County Tax Map Parcel Item No. 1000-3-1-8 and 9. 7:20 p.m. Appi~cation of P~tricia A.~'Bailey, RR #l,~Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient road frontage of proposed Parcel No. 3 and insufficient area of proposed Parcel No. 2. ~ ~ Location of Property: Northwest side of Leslie Road and east side of Bay Ave., Cutchogue; bounded north by Nerone, Ficht and McCleery; west by Bay Ave.; south by Maly, Price, Price; east by Swiatocha; County Tax Map Parcel Item No. 1000-97-4-11, 12 and 17. 7:30 p.m. Application of Southold Marine Center Land Holding Corp., Main Road, Southold~ NY (by Edward John Boyd, V, Esq.) for a Variance from the determination of the Building Inspector for: (1) insufficient buildable upland area; (2) proposed easterly lot will have existing buildings with insufficient side yards; per Bulk and Parking Schedule, Section 100-81. Location of Property: South side of Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; County Tax Map Parcel Item No. 1000-56-6-2 and 3. .Page 2 O " O Legal Notice of Hearings - September 17, 1981 Board of Appeals 7:40 p.m. Application of John J. Lee, Lakeside Drive, Southold, NY for a Special Exception to the Zoning Ordinance, Art. III, Section 100-30, Subsection (c) (6) (f) , for permission to erect sign advertising off-premises information at the north side of Main Road (S.R. 25), Southold, NY [owner: H. Cardinal]; bounded north by L.I.R.R.; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56-2-1. 7:45 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30, Subsection (c) (6) (f), for per- mission to erect sign advertising off-premises information at the north side of Middle Road (C.R. 48), Southold, NY [owner: N. Aliano]; bounded north by Lathamland Others; west'by Mudd and Morris; south by C.R. 48; east by Charnews and Perotti; County Tax Map Parcel Item WP- 1000-59-9-30.2. 7:50 p.m. Application of-Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 Subsection (c) (6) (f) for permission to erect sign advertising off-premises information at the south. = side of Sound Avenue, Laurel, NY; bounded north by Sound Ave.; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30, Subsection (c) (6)(f), for per- mission to erect sign advertising off-premises information at the north side of Middle Road, Peconic, NY; bounded north by Soundview Est; east by Sepenoski; south by Middle Road (C.R. 48); 'west by Rich and another; County Tax Map Parcel Item No. 1000-74-2-12.2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art. VI, Sec. 100-60, Sub~ection (C)(2)(a), for permission to erect .Page 3 Legal Notice of Hearings - September 17, 1981 Board of Appeals sign in a "B" Zone advertising off-premises information at the south side of Route 25, Greenport, NY; bounded north by S.R. 25; west by Fleet Lumber; south by L.I.R.R.; east by H.X. Construction; County Tax Map Parcel Item No. 1000-46-1-2.1. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art. VI, Section 100-60, Subsection (C) (2) (a) for permission to erect sign in a "B" Zone advertising off-premises information at premises located near the intersection of C.R. 48 and Sound Avenue, Mattituck, NY; bounded north by C.R. 48; west by C.R. 48 and Sound Avenue; south by Sound Avenue; east by Gilles Est. and LILCO; County Tax Map Parcel Item No. 1000-121-2-2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Sec. 100~60(C) (2) (a) and Article VII, Section 100-70 for permission to ~rect sign advertising off-premises information at the south side of Route 25, Cutchogue, NY; bounded north by ; S.R. 25; east by Nolan; south by Cutchogue Fire District; west by Kaelin; County Tax Map Parcel Item No. 1000-102-6-7. 8:05 p.m. Application of Matthew McKiernan, 970 Gin Lane, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with an insufficient frontyard setback at premises located at the east end of Beachwood Lane, Southold; bounded north and east by-Beachwood Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel Item No. 1000-70-10-60. Dated: September 3, 1981. BY ORDER OF THE SOUTHOLD TOWN ~ BOARD OF APPEALS InstrUctions to newspapers: Please publish once, to wit, Thursday, September 10, 1981 and forward affidavit(s) of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before September 16, 1981. Legal Notice for September 17, 1981 Board of Appeals Meeting mailed on 9/4/81 to: James V. Righter Architects, for Jeremiah Bogert Patricia A. Bailey Edward John Boyd V, Esq. for Southold Marine Center Land Holding Corp. Mr. John J. Lee Southold Town Republican Committee, c/o Mr. Fred E. Hulse, Jr. Mr. Matthew McKiernan Copies on 9/3/81 to: Supervisor Town Board Members Bulletin Board Z.B.A. files Building & Zoning Bulletin Wall FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for pe~it to ~.. ~~'~... ~..~< ~.. ~ .................... at Location of Property ....... ~~ ~ ~ ~ .~ ~ ~'~o ~ County Tax Map No. 1000 Section .... ~.7 ...... Block .... .~ ....... Lot ~.. ~ ~. J.~.~ ~7 Subdivision ...... ~ .... Filed Map No ................. ~t No .................. ~]' '~ ~v~ ~--~-,o, Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~Tq,~T.~E, ZONING ~O4RD OF ~PP .E~ALS4-Z. OWN, OF ~OUTHOLD,,J~I~.:Y. 't' ,..-~ "~ ,' '.-,. ' ' ' ' ~ ~ ~ ~ ' , '.~,~'~,~ ~- ~ ~t~ ~ .'rr~'"~ .'~ ,.~,-,: ~, ,' ,~ '~,'-" ~ ': ' ', ' ' ~ }'"~" , .Nome of Appetla.n.~.' ~[ ,::>x~..~ ~..''' ,T ' '' ' .... S['¢e~i'afi~ Number ' ' ........... .... .................. ,..::.:..:..,..:.. .................... ............ ~t~,~j ~ Municipality , State ' ~ ~. i~- · .. ', THE ZONING 8OARD OF APPEALS FROM THE DEQISION OF THE BUILDING INSPECTOR · .;.. q ?- ~ , .. ~ .... ~ ~ yh~ ,, ~,~. ARPU~TION, EOR~;~.. PERMIT NO. ...... ,.~' ...... .... ~ .................... DATED ~"'"'"~ 2 ~ t ~ ~(', -.... WHE~E~Y~H~ BUILDING INSPECTOR-DENqED:'TO ............... ~;~; ;~ ~3¢,~o.t ~or p~.~*r t .... o, ... ' '~' .... I" ~'~"'1 ....... t..................Street '" and Number Municipolity~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1 LOCATION OF THE "ROPERTY~/~ S ~ ~, ~ ~ _~,N~. ~ ~ '~" .............................. l ,, -- IT' '~' *" '~ ................. Street Use Di~rict on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph o¢ the Zoning Ordinance by nurpber. Do not q/~ote the Ordinance.) ( ) TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h. gs) (has 'ho;ri' been mode ;with~[es~'to 'this decision ,~,..~.? , . ~,. : , I ?"'--"--~. " of the Bu~I~ or Inspector with resPect::to ~¢rope~ty; Such O~p~ WaS ( ) request for a special p~rmit ( '~ request for a varian*c~" ' o~d ~-~:{pp~o~ ',o.'~. .:.~.o.,o 0 ...... ,.,.' ..... ~. ........ ,.,~ .... ~.~:... ( ) ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) ! REASON FOR APPEAL ~ . Continued "~ t ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ' sargFIARDSHlPbecaus, J,,,~ ~ ~,.,-,,-J-,.-~~~,lo,,,,: Lo-F~ ' ,o'"",-' ":U '_z_ ~ _. herdship creoted' is UNIQUE ond is not shered by ~11 properties olike in the mmedi~te vicinity of this property and in ~th s:use,dist~ ct 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE '.;THE CHARACTER OF THE' DISTRICT because ~ ': '- " SWorn to' this ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New Yor~ No. 52-8125850, Suffolk COu~ T~,t~ r~ir~ ~r~h 30, 19.~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 21, 1982 Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 Re: Appeal No. 2846 Dear Mrs. Bailey: Please be advised that the board reviewed your recent correspondence with enclosures at a Regular Meeting held last Thursday, June 17th. An unanimous vote is required in order for the board to reconsider or rehear a decision previously rendered, and an unanimous vote could not be reached. ¢ Yours very truly, GERARD P. GOEHRINGER YecAIRMAN /7 ~ _ , . retary 0 MONDAY 28 TUESDAY 1 15 WEDNESDAY THURSDAY September 1981 FRIDAY SAT./SUN. 16 4 5 O'l~q W. VAN TUYL · ~ional Engineer Licensed Land Surveyor Phone 477-1487 RODERIOK VAN TUYL, P.O. FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 PHONE 477-0170 HOI')LRICK VAN iUYL Licensed Land S~irveyor Phone 477-1608 Nov° 25, I781 Mrs. Patricia A. Bailey Skunk Lane Cu.tchogue, NY 11935 Dear ~s. Bailey: Enclosed are additional, copies of the map of your property on Sk~auk Lane s,s~vayed recently by us~ and indicating that the "mobile homes" ~re of a temp- orary nature. Pursuant to your request also, we feel that the two plots as originally laid out ~ould be of adequate size and na'ture to satisfactorily co~p].y with water supply and sewage disposal systems on each indivi- dual parcel, since the soil conditions in this area lend~:, themselves to ready installation of either facility. It is also perhaps an argument in your favor that the envi- renment is o£ iow density, with adjoining homes rather far apart. We trust that o~' map will aid you in having the premises divided at the original line, even if a variance might be necessary to conform to zoning. Yours truly, Roderiok V~n T~yl, PC · uthold Town Board of MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I.,! N,Y. TELEPHONE (5t6) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRIVlAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI SePtember 23, 1981 Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 Re: Appeal No. 2846 Public Hearing: 9/17/81 Dear Mrs. Bailey: This letter will confirm that the public hearing held concerning your appeal is closed and Pending a decision, upon receipt of an up-to-date certified survey showing the square footage of proposed LOts 1 and 2 and showing the existing structures. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk -. ........ · P D HENRY E. RAYNOR. ;Ir., Chairman P,~EDEP, ICX E'. CC2DO,N JAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, ,Ir. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 August 6, 1981 Mr. Charles Grigonis, Jr. Southold Town Board of Appeals Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the' Southold Town Planning Board at a regular meeting held AugUst 3, 1981. In the matter of Patricia Bailey the Southold Town Planning Board feels that this property should be processed as a new sub- division. The board also feels that lot #2 should be brought to the size of an acre. Very truly yours, HENRY E. RAYNOR, JR. CHAIRMAN sO THO .D TOWN P ,ANN NG BOARD By Linda Kimmins, Secretary 'Southold Town Boa~f Appeals SeOmber 17, 1981 The Chairmah read the legal notice in its entirety and the appeal application pertaining to reasons for appeal. MR. CHAIRMAN: Mrs. Bailey? PATRICIA BAILEY: I would just like to say I feel I would be better able to respond to any questions that you may put to me if I were better acquainted with the law.. I have requested that the law be sent to me but I haven't received it. Could I have the law read if possible? (At this point an inquiry was passed to the secretary with reference to the Bulk So~edule of the Code.) MEMBER GOEHRINGER: We can show it to you Mrs. Bailey if you would like to look at it. This is the bulk schedule as I mentioned in here. MRS. BAILEy: Well, I'd like to know where they say that all land becomes one big lot. MEMBER GOEHRINGER: This co-mingled lot? MRS. B~ILEY: I mean they were three lots. I want to know why they are now considered one lot. I understand that was the change in the law. MEMBER GOEHRINGER: What page is the excepted list? SECRETARY: Section 100-12, I believe. MR. CHAIRMAN: This is based on the Building Inspector's disapproval, as follows: ...Please take notice that your application dated March 27, 1981 for a permit to subdivide three merged lots .... MRS. BAILEY: I want to know why they were merged. That's the question I'm putting to you. I had purchased three lots in different years, and when I went to get my will written out, I had found that I had one lot. MR. CHAIRMAN: That's because it was all in one name. MRS. BAILEY: I went down to the town when my husband was , ~outhold Town Boar~f Appeals Se~ber 17, 1981 deceased; and asked to have them put in separate names and was told it was not necessary. MEMBER GOEHRINGER: What date was that? MRS. BAILEY: 1973. I was not notified. Would you like to hear the rest of my-- I want to know, what is the law? MEMBER GOEH~INGER: Mrs. Bailey, in 1971 we have under 100-12, on page 10006 an excepted list. And the excepted list starts out, I won't read the whole thing, it says: ...Ail Of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements ... I just showed you, which called for 40,000 square feet and 150 feet of lot width. Ok? And it mentioned all of the sub- divisions that were excepted from that particular area. Now your property is not part of a subdivision, so therefore it's co-mingled, and therefore that's the reason why you're here tonight. I~d~'~be~very happy to show you this area that's affected if you want to write it down, and look at it. MRS. BAILEY: Ok. Now may I go on? MEMBER GOEHRINGER: Sure. MRS. BAILEY: Ail right. I feel that since my land was bought prior to the law change, that the law should not be retro- active. Ok? My land was bought at three different times and over a period of 10 years. And also stated now that I went down to the town office and my husband, and I asked if I could have it in separate names. I was told it was not necessary. Ok? I did not know the law changed because of extenuating circumstances. At the time the law changed, my husband had kidney failure, therefore I was unable to read any papers. He was rushed to the hospital from Long Island, Eastern Long Island, with four days to live. Ok? The last year that he was alive, he was in a wheelchair totally paralyzed and I was putting him on the kidney machine twice a week, holding down a full-time job, taking care of him paralyzed, washing and bathing, and so on, and he was also holding down a full-time job. Now I really did not have time with all of this to read the news- paper, which I understand was in the newspaper and I should have understood. And I know I was in ignorance of the law. Ok? Accord- ing to your own words, you could not find my property and I waited three weeks for you to come and I would have. shown you the'property. Ok. According to the paper I received my f~ntage was 117 feet short, according to this piece of paper? You wrote it down it was 117 feet short. (Mrs. Bailey appeared to be referring to the written findings and decision of the Board made August 26, 1981 and approved by the Chairman 9/1/81; and the secretary assisted the Chairman in finding a copy of same that was within the file documentation so that the Board had. easy accessibility.) ~. ~outhold Town Boar~f Appeals Se~er 17, 1981 MEMBER GOEHRINGER: It doeSn't say short. Maybe you, I think we were referring to the 117 feet road frontage on Leslie Road. MRS. BAILEY: It says "short," right? " .Parcel No. 3 would have insuffi- MR. CHAIRMAN: It says, .. cient road frontage on Leslie Road of approximately 117 feet .... " MRS. BAILEY~ But didn't you just say you needed 150 feet? MEMBER GOEHRINGER: Yes. 33 feet short. MRS. BAILEY: Approximately, 33 feet short. Ok. According to your estimate of my property, it's supposed to be 30,000 square feet, approximately? Ok, I had a builder draw up some papers and we recalculated, and it comes to 33,000 square feet. (The Secretary to the Chairman: The figures in the findings are approximate and we were off. I had received information in the office today that the figures were off, and when I recalculated it seems to be approximately 33,000 and Parcel No. 1 about 50,000. They are approximate.) '~ (Mr. Chairman to Secretary: I think that's what it says here too.) MRS. BAILEY: It comes to over 33,000. I wrote the numbers up myself on the other page, that I had ~ builder draw up the plan. I feel that by subdividing, by making my parcel one huge piece of land, you have devalued my land. Finally and foremost, I am griev- ing my case because I bought three separate pieces of land. I find that there were signatures on a piece of paper I now have one, and as I stated~ this has reduced the value of my holding title to the land so that I cannot, if need be, give away a piece of land to any of the children; or in case of disaster and need the money, I could not sell off one piece of it. I feel that the piece of land, I feel that I had three pieces of land, and be!justified, and happy with three pieces of land again. MR. CHAIRMAN: Well, it's something that we try to help people live with the regulations that were made and not by us. MRS. BAILEY: I think it's only short like 14 feet, that piece of land. When I figured it out. MR. CHAIRMAN: The area will still be ~%low when you have sufficient area to increase the lot. That's where the catch comes in. ' MRS. BAILEY: If you brought it over to my house it would be up against my barn. (Mrs. Bailey appeared to be speaking about the proposed lot lines between proposed Lots 1 and 2. The Chairman pointed out same. to the Secretary for the record.) -- Southold Town Boa~of Appeals Se~ember 17, 1981 MRS. BAILEY: Most of the lots in the area are much smaller. MR. CHAIRMAN: We would have to have a certified survey of these lots with, the ones that have the buildings, spotted in them too, also and then we could go from there. That's what you need. A certified area of the lots. MEMBER GOEHRINGER: May I say something-- just-- MR. CHAIRMAn: Go ahead. MEMBER GOEHRINGER: The estimates that were placed on the piece of paper that you had received that you were referring to before, Mrs. Bailey, they are of course estimates that were arrived at by this office. They are approximately 10% off one way or another. That's why this is one of the reasons we are asking for a survey. MRS. BAILEY: It's more than 10% off. When it comes to 36. MEMBER GOEHRINGER: But again, you have to understand at times we work on weekend~ and are unable to secure a telephone call either to Mr. Van Tuyl or Mr. Young in Riverhead and there- fore it's only an estimate when we estimate the square footage of the property. This is the reason ok? One of the reasons why the Chairman is asking for a survey certifying the actual square footage of the three parcels. MRS. BAILEY: That is as near accurate what I gave you as. I mean, even if you take off the 369 it still is as near accurate. It's still 36,000 square feet. (At this point the Chairman was reviewing the square footage calculated in the office and inquired of the secretary.) MRS. BAILEY: my.behalf. I have somebody that would like to speak in MR. CHAIRMAN: Go ahead. MRS. FICHT: I have -- This lot is directly in back of my property and SECRETARY: I cannot hear Mrs. Ficht that well. MEMBER GOEHRINGER: May we ask you to use the microphone please? MR. CHAIRMAN: We can't hear up here and~it has to go onto the tape, on the record. MRS. FICHT: Is it on? MEMBER GOEHRINGER: Yes. MRS. FICHT: The lot in question is directly in back of my ~ ~outhold Town Boar~f Appeals S~mber 17, 1981 (Mrs. Ficht continued:) property. I will have no objection to the property being divided. MR. CHAIRMAN: Thank you. SECRETARY: Do you have the lady's name? MEMBER GOE~RINGER: Can we have your name please, ma'am? MRS. FICHT: I'm Marie Ficht. MR. CHAIRMAN:. Thank you. SECRETARY: Thank you. MR. FICHT: May I speak? MR. CHAIRMAN: Yes, sir. MR. FICHT: I'm her husband, and I agree with what my wife says. Ok? '~ MR. CHAIRMAN: Thank you. Is there anyone else to speak for this? Is there anyone here to speak against this? Do any members of the Board have any further questions? (Negative) I'll offer a resolution closing the hearing and reserving decision until a little 'later. MEMBER GOEHRINGER. Seconded. MR. CHAIRMAN: Regularly moved and seconded. All in favor? (All ayes.~ Unanimously approved (to close the hearing). We would still want to have a certified survey of the three parcels. MRS. BAILEY: Do I understand you have postponed it again? MR. CHAIRMAN: No. If we can get the survey and take a look at it, then we can make, come to a decision. MRS. BAILEY: How long would it take, after you get the survey? MR. CHAIRMAN: To get enough people together to do it. It might be a day or two. MRS. BAILEY: Thank you. MEMBER DOUGLASS: Mrs. Bailey will have Go go for the survey. MR. CHAIRMAN: Yes. MEMBER DOUGLASS: She doesn't understand that. Do you under- stand that you have to have a licensed surveyor make the survey? MRS. BAILEY: The land was all surveyed and what you have before you is the survey that I got. ~ °Southold Town BoaOof Appeals S~mber 17, 1981 MEMBER DOUGLASS: He has to put on the areas and the build- ings. It has to be of present date. MRS. BAILEY: In other words it's going to cost me about $500. Yes, it will. MEMBER DOUGLASS: Inever saw a survey that cost that much yet. MRS. BAILEy: Well, we're doing three pieces of land. MR. CHAIRMAN: Yes, but he has all the measurements there now. He just has to put the actual square footage in for each lot. MRS. BAILEY: back by Swiatochia. One marker. I had to have one piece surveyed last year in It cost me $125, for one, for 100, 450 feet. MR. CHAIRMAN: Yeah, but I don't think he should even have to come back for this, except that he wants to, if he doesn't have the buildings spotted on the property. MRS. BAILEY: He d~sn't have it spotted. MRS. FICHT: If he would just spot them on the survey, would that be sufficient? MR. CHAIRMAN: Yes. But he would also have to put in the acreage on each, square footage of each lot. The area of each lot. They're of such an odd shape, you can come close but there is still one of them there that has a kink in the frontyard line. If we do it, it could be way off. MRS. BAILEY: The only one that would have to have square footage on it then would be the side lot with the barns on it? The area in the back is already 5.9 or 5.9 something or other already put on there. MEMBER DOUGLASS: You should still have it put on there. MR. CHAIRMAN: No, I think the Board wants it put on for the other lots. MRS.BA~'RY: Couldn't that all be waived since the lots were purchased individually and before this law was put into effect? MEMBER GOEHRINGER: I just think that, the term arbitrary 4¢- comes involved here. If you look at the past decisions of this Board and the past decisions of the Suffolk County Planning Commission, you will see that everybody is really in the same predicament. We have had in the entire year one particular hear- ing before this Board concerning the same exact thing on Wells Road. And it's very, very important that you understand the way this whole thing came into being. And everybody seems to be in the same predicament. And that's all I'd like to say -- you would be very welcome to look at the file at any time, come into the office and look at the file for the one in question on Wells Road. ..... Southold Town Boa~of Appeals S~mber 17, 1981 (Member Goehringer continued): And you will see that these people have the same problem. MRS. BAILEY: If I came to you for the variance asking for five lots to be made in the back, one lot on the side, I woul4 probably get that, right? MR. CHAIRMAN: for that. You would have to go to the Planning Board MRS. BAILEY: If I went to the Planning Board and have it done, and what I'm asking for here is just to leave it as is, and that's not good enough. I think my next step would be to have five lots made. And an additional lot next to me, would give me six building lots that I could sell, which means six more houses; which is what I don't want to do and I don't want anybody else to do it. Which I'm trying to avoid by doing it this way. This is what I am trying to avoid. I am trying to avoid any more houses built around me that we have right now. To protect myself, and my heirs, is to have put down in my will that the land is to got% some, certain people that will not sell the land off. I am trying to avoid more building rather than make building. MEMBER GOEHRINGER: .That's why I paralleled the case of the other variance because it's so very close to this one, Mrs. Bailey. And a decision has not yet been made on that one. MRS. FICHT: But she must still have to have her survey? MR. CHAIRMAN: MRS. FICHT: I beg your pardon? She would still have to have the survey made? MR. CHAIRMAN: She has to have it made. It's a required thing.. We couldn't make a decision and put down any set figures. MEMBER DOUGLASS: Where is that sheet that goes with these applications; it tells you right on there that ~has to have a survey. (directed to the secretary) (Mrs. Bailey was given a copy of the instruction sheet which shows which documents are required upon filing appeal applications. MRS. BAILEY: I thought this was my survey. So this is what I am asking you. I can go and get this done and this done and don't bother with this (5.9 acre parcel).~ MR. CHAIRMAN: What we're interested in right now is the area, in these (smaller parcels). MEMBER GOEHRINGER: of those parcels. And where the buildings lie on both .~ .., Southold Town Boa of Appeals S~mber 17, 1981 MRS. BAILEY: against it. Well on this one, the building is right up MEMBER DOYEN: Every determination that we have to make requires an accurate survey certifying the dimensions and area. It's not just this case, but every case, and I don't think-- MRS. BAILEY: I still don't know what-- (remainder of statement was inaudible.) MEMBER DOYEN: It does have to be accurate and the only way we can be sure of that is to have it certified by a sur- veyor. MRS. BAILEY: This is pretty accurate. MEMBER DOYEN: Pretty accurate, yes, but it has to be accurate. Especially when it's part of the record. It has not been done arbitrarily in this case. It's every case we require that an accurate survey for the land in question be made. MRS. BAILEY: I stroll would appreciate it if I could have a copy of the law, because I still don't know why the law would be retroactive. It's beyond me. MEMBER GOEHRINGER: list." Let me give you a copy of the "Excepted MEMBER DOYEN: When they update the zoning laws, that in effect is what they're doing, for practically every part of the ordinance -- we can understand where you are coming from. We appreciate what you're saying. MRS. BAILEY: Thank you (Member Goehringer gave applicant a copy of the excepted list of subdivisions from the Code). (A resolution was unanimously passed earlier in the evening that this hearing be closed and decision reserved.) Southold Town Board of Appeals MAIN RDAD- STATE RI:lAD. 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516).765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI October 28, 1981 Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 Re: Appeal No. 2846 Public Hearing Held 9/17/81 Dear Mrs. Bailey: The Board is planning to place your matter on the agenda of the next regular meeting of the Board to be held on November 5, 1981 and requests the survey requested in its September 23, 1981 correspondence as soon as pos- sible. A copy of the Board's September 23rd letter is attached. Yours very truly, Enclosure CHARLES GRIGONIS, JR. CHAIRMAN 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 ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 23, 1981 Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 Re: Appeal No. 2846 Public Hearing: 9/17/81 Dear Mrs. Bailey: This letter will confirm that the public hearing held concerning your appeal is closed and pending a decision, upon receipt of an up-to-date certified survey showing the square footage of proposed Lots 1 and 2 and showing the existing structures. CG:lk Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN Committee, Sunset Lane, Greenport, N.Y~ for a Special Exception to the Zoning Ordin- ance, Art. III, Sec. 100-30 ~Subse~tion (c)(6)(f) for permis- sion to erect sign advertising off-premises information at the south side of Sound Avenue, Laurel, N.Y.; bound- ed north by Sound Avenue; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7.. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, N.Y. for a Special Exception to the Zoning Ordin- ance, Arti III, Sec. 100-30, Subsection (c)(6)(f). for per- mission to erect sign advertis- ing off-premises information at. the north side of Middle Road, Peconic, N.Y.; bounded north by Soundview Est.; east COUNTY OF SUFFOLK0 ss: STATE OF NEW YORK 7:20 p.m. Apolication of Greenport, N.Y. for a Variance PatridaA. Bailey, RR #1, Box" to the Zoning Ordinance, ; ...114, Cutchogue, N.Y. for a ArticleVI, Sec. 100-60(C)(2)(a) t Variance to the Zoninu Ordin-~- and Article VII, Section 100-70., ante, Art. III,'Sec. 100-31 fol' for permission to erect sign ~ approval 9f insufficient road advertising off-premises infor- fe~ntago_ of pro.nosed Par,el l'?2mation at the south side of _Nh ~[ and inanffieient area of proposed Parcel No. 2. Loca- tion of Pro_nertv: Northwest !i ~ ~icl~ of Leslie Road and east side of 'Bay Avenue, Cut- choguei bounded north by Nerone~ Ficht and McCleeryl west bv Bay Avenue. south bY Malv. Price, Price;east by ~wiatocha~ County Tax Map Par,el Item No, 1000-97-4-11~ 7:30 p.mo Apphcat~on of:7:'; Southold Marine Center Land Holding Corp., 'Main Road, Southold, N.Y. (by Edward John Boyd V., Esq.) for a Variance from the determina- Route 25, Cutchogue, N.Y.; bounded north by S.R. 25: east by Nolan; south by Cutchogue Fire District; west by Kaelin; County Tax Map Parcel Item No. 1000-102-6-7. ~8:05 p.m. Application of Matthew McKiernan. 970 Gin .Lane~ Southold~ N.Y. for a -Variance to the Zonine Or- dinance_ Art. IlL Sec. 100-31 for permission to construct new dwelling with an insuffi- cient frontyard setback at *premises located at the end of B~chwood Lane_ Southold; bounded north and east by B~achwood tion of t~e Building Inspector sguth by Goose Creek; west by for: (1)insufficient buildable 2',::Meringold; County Tax M~p-- upland drea; (2) proposed Parcel Item No. 1000-70-10-60. easterly lot will have existing Dated: September 3, 1981 buildin~s~vith insufficient side's.: · BY ORDER OF THE yards; per Bulk and Parking'~" ..' SOUTHOLD TOWN Schedule, Section 100-81. Lo. . BOARD OF APPEALS cation of Property: South side. ' ,' ~. i~ ' . 1T-9/10/81(4) of Main .Road (S.R. 25)~ Southold, N.Y.; bounded north by S.R. 25; west by. O'Hara; ' south by Budd's Pond; east by Port. of Egypt, Inc.; County Tax 'Map Parcel Item No; 1000-56-6-2 and 3. ". .. · ~ 7:40 p.m. Application of' John J. Lee, Lakeside Drive, Southold, N.Y.. for a Special Exception to the Zoning Or- dinance, Art: III, Section 100- 30, Subsection (c)(6~(fL for Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, irt 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 ....N...CD .......................... day xStc-~.~ ................ , 19...?~...N.. Sworn to before me this ........ .~..~. .................. day of ....... ~. ..... , 19....~.~ CLEMENT J. THOMPSON NOTARY PUBLIC, State of Ne( Y~ Ik~ 52-9321725 Redd~ in Su,olk Ceenty _ Legal Notices 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 Town Hall, Main Road, Southold, NY on Thursday, September 17, 1981, commencing at 7:15 p.m. and as follows: 7:15 p.m'. Application of James V. Righter Architects, 58 Winter Street, Boston, Mass. 02108 (as agent for Jeremiah Bogert) for a Var- iance to New York Town Law, Section 280-A for approval of access. Location of Property: Clay Point (private) Road, Fishers Island, 'NY; bounded north by F.I. Sound; west by Kelsey; south by Private Road: east by Bogert and Vanatta: County Tax Map Parcel Item No. 1000-3-1-8 and 7.9n n m . Annlittatinn 114 Cnteho~ug,' ~,~x [or a Variance. to the Znning Ordin- ance. Art. III~ ~;9q~ 100-31 for anoroval of insufficient road frontage of oronosed No. 3 and in.~uffieient area of nronosed Parcel No. 2. Loca- tion of Prooertv: Northwest side of Leslie Road and east side of Bay Ave~. Cutcho~un; bounded north by Neron~., Ficht and McCleery; west by Bay Ave.; south by MMv. Pr;ce. P~'jq~: east bv Swia- tocha: CountY Tax Map Par- cel Item No. 1000-97-4-11~ ,12 7:30 p.m. Application of Southold Marine Center Land Holding 'Corp., Main Road, Southold, NY (by Edward John Boyd V, Esq.) for a Variance from the determina- tion of the Building Inspector for: (1) insufficient buildable upland area; (2) proposed easterly lot will have existing buildings with insufficient side yards; per Bulk and Parking Schedule, Section 100-81. Lo- cation of Property: South side of Main Road (S.R. 25), South- old, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; County Tax Map Parcel Item No. 1000-56.6-2 and 3. 7:40 p.m. Application' of John J. Lee, Lakeside Drive, Southold, NY for a Special Exception to the Zoning Ordi-. nance, Art. III, Section 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- ing off-premises information at the north side of Main Road (S.R. 25), Southold, NY [owner: H. Cardinal' ]; bound- ed north by L.I.R.R.; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56- 2-1. 7:45 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordi- nance. Art. III, Sec. 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- ing off-premises information at the north side of Middle Road (C.R. 48), Southold, NY [owner: N. Aliano]; bounded north by Latham and others; west by Mudd and Morris; south by C.R. 48; east by Charnews and Perotti; County Tax Map Parcel Item No. 1000-59-9-30.2. 7:50 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30 Subsection (c)(6)(f) for per- mission to erect sign advertis- ing off-premises information at the south side of Sound Avenue, Laurel, NY; bounded north by Sound Ave.; west, south and east by Reeve; County Tax Map Parcel Item No. 1000-120-3-7. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30, Subsection (c)(6)(f), for per- mission to erect sign advertis- ing off-premises information at the north side of Middle Road, Peconic, NY; bounded north by Soundview Est; east by Sepenoski; south by Middle Road (C.R. 48); west by Rich and another; County Tax Map Parcel Item No. 1000-74-2-12.2. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, Ny for a Vari-- ance to the Zoning Ordinance, Art. VI, Sec. 100-60, Subsection (C)(2)(a), for permission to erect sign in a "B" Zone advertising off-premises in- formation at the south side of Route 25, Greenport, NY; bounded north by S.R. 25; west by Fleet Lumber; south by L.I.R.R.; east by H.X. Construction; County Tax Map Parcel Item No. 1000-46-1-2.1. 7:55 p.m. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Art. VI, Section 100-60, Subsection (C)(2)(a) for permission to erect sign in a "B" Zone advertising off-premises in-' formation at premises located · near the intersection of C.R. 48 and Sound Avenue, Mattituck, NY; bounded north by C.R. 48; west by C.R. 48 and Sound' Avenue; south by Sound Ave- · nue; east by Gilles Est.i and ' LILCO; County Tax Map Par- cel Item No. 1000-121-2-2. 7:55 p.m. Application of Southold Town Republican Committee,. SUnset Lane, Greenport,. NY for a Variance to the Zoning Ordinance, Art-' icle .VI, Sec: 100-60(C)(2)(a) and Article VII, Section 100-70 for permission to erect sign advertising off-premises in- formation at the south side of Route 25, Cutchogue, NY; bounded north by S.R. 25; east by Nolan; south by Cutchogue Fire District; west by Kaelin; ' County Tax Map Parcel Item No. 1000-102-6-7. of' 8:05 p.m. AppliCation Matthew McKiernan, 970 Gin Lane, Southold, NY for a Var- lance to the Zoning Ordinance, Art. III, Sec. 100-31 for permis- sion to construct new dwelling with an insufficient frontyard setback at premises located at the east end of Beachwood Lane, Southold; bounded north and east by Beachwood Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel Item No. 1000-70-10-60. Dated: September 3, 19uL BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T~10-3769 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ~roy Gustavson ...................................... being duly Sworn, s~s that . ~ .... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pub~sh~ at Greenport, in said county~ and ~at the noti~, of which ~e ~ne~d is u printed ~py, .has been published in t'he ~d Suffolk W~k~ Times once in each week, ~or one ............................ weeks sUc~ssively commencing on ~e ...~.0~ .................. d~y of ...... ~.~.~19.~~ S~arn to ~fo~ '~' ~'~~ ......... day ofSeptember 19. ~.~ ........ ....... HEtEN K. DE VOE NOTARY PUBLIC, State of New York No. 4707378, Suffolk County Term £xp~res Ma~ch 30, 19~ Southold Town Board of Appeals MAIN ROAD-STATE RI~AD 2S SOUTHMILD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI September 1, 1981 Mrs. Patricia A. Bailey RR#i, Box 114 Cutchogue, NY 11935 Re: Appeal No. 2846 Application dated June 23, 1981 Dear Mrs. Bailey: Please be advised that the following action was taken at a Special Meeting of the Board of Appeals held August 26, 1981 concerning the subject application: BE IT RESOLVED, that Appeal No. 2846, matter of Patricia A. Bailey, be scheduled and re-advertised for a public hearing to be held by this Board at the Southold Town Hall, Main Road, Southold, NY on Thursday evening, September 17, 1981. A copy of the notice indicating the time will be forwarded to you as soon as possible. Enclosed for your records is a copy of the original determination made by the Board. If you have any questions, please do not hesitate to call our office. Yours very truly, Enclosure Linda F. Kowalski Secretary (for the chairman) Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Mrs. Patricia A. Bailey RR #1, Box 114 Cutchogue, NY 11935 August 17, 1981 Re: Appeal No. 2846 Dear Mrs. Bailey: Concerning your app( which was recently held for public hearing, the Boar s requested that a copy of a survey showing and cert: Ting the yard setbacks for the existing barn on propo d Lot No. 2 and existing house be provided with our off as soon as possible. Thank you f your cooperation. Yours very truly, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2846 by application Dated June 23, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Patricia A. Bailey RR#1, Box 114 Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on August 26, 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 [o the Zoning Ordinance Art. ( ) III, Sec. 100-31 DATE.8~3.~8~ Appellant the appeal 1. ~gK2r.~EX~:~9 resolution of the Board it was determined that a special exception ( ) be ~anted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordnance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed b~ausePUblic Hearing: 8/6/81: Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient frontyard of proposed lot #3 of said lots at 2155 Skunk Lane, (Bay Avenue), Cutchogue, NY. Above-mentioned front- yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery; bounded west by Bay Avenue; bounded south by Maly, Price, Leslie Road; bounded east by Swiatochia; County Tax Map Item No. 1000-97-4-11, 12, 17. (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 change the character of the district because (would) (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 8/31/81 FORId ZB4 ZONING BOARD OF APPEALS By this appeal, appellant seeks approval of insufficient area and road frontage of parcel(s) in a proposed three-lot subdivision. Proposed parcel No. 3 contains an area of 5.959 acres; parcel No. 2 contains an area of approximately 30,000 sq.. ft.; parcel No. 1 con- tains an area of approximately 56,100 sq. ft. Parcel No. 3 would have insufficient road frontage on Leslie Road of approximately 117 feet. Upon review of this file, the Board finds that the written notice of hearing did not contain correct information concerning the circumstances in this appeal (particularly with reference to insufficient road frontage) and that it is not within the authority of this Board to favorably act on this application. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Patrici~ A. Bailey's application for a variance to the zoning ordinance in Appeal No. 2846 is hereby denied without prejudice. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Douglass, Goehringer, (Absent was: Mr. Doyen, Fishers Island) RECEIVED AND FILED BY THE SOUTHOLD TOWN CL,'..~: DATE ~/i'/ HOUR/~ :~'t{', Town ~erk, Town of Southold A?PRO'V F..D Sca/e: I00'=I" Iron FOR PARCEL F.O. SEE SEC. NO. OB5 -OZ-OO8 II I 5.9A{ c ) 12 6 \.% I.TA( c ) ' ' J. Li \9 \\.0 ~' I0~1 Q I I. I A(~,) 51 ..? 35.5A(c) ?..5 I~ O MAIN ROAD- E]TATE RnAD 25. SOUTHOLD, L.I., N.Y, ll9?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: Mr. Henry E. Raynor, Chairman Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: SUBJECT: July 21, 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 Margaret McGowan appeal JPatricia Bailey appeal Northville Industries Corp. appeal Location of Property R-O-W south of Peconic Ba Blvd., Laurel Cty. Tax Map Item No. 1000-128-4-11 & 14 2155 Skunk Lane (Bay Ave.),Cutchogue 610 Naugles Drive, Mattituck Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Eileen M. Carey, Tempo~y SeCretary 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 Hail, Main Road, Southold, NY on Thurs- day, August 6, 1981 com- mencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zon- ing Ordinance Art. III, Sec. 100-30 B (9)(a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east hy Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval in- sufficient area and/or width of two parcels due to the re- location of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alex- ander, west by Kennelly; County Tax. Map Item No. 1000-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. Mc- Fall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Oslen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100- 31 for permission to construct one-family dwelling from pre- existing chapel with insuf- ficient rear yard setback at 7216 Great Peconic Bay Boule- yard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10- part of 1.3. 7~50 p~m. Apnli,cation of P~~ l l~.___Cutcho_oue. NY for a V~,riance to the_Zoning Or~n- a~r in_sumc~cm area _~ ~, .... d l~proval of ifl~umc~ent said lots '-CleerO, bout~h~d west by pay ~-~-vende, bo~unde~ somh-by a~,..~Yr'~'~ e, L~ s'~r~"Ro ad, bounded east by ~wm~ha; Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, NY 11778 as agent) for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutch- ogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111- 0-3. 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, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................... ..~ ................. weeks successively, commencing on the ....... 34~ ..................... day, ...:~ ............ .(~~ Sworn to before me this ............ /..~.. ............ day of ........... ~. ........... , 19...'.'.~.1. CLEMENT d. THOMPSON NOTARY PUBUC, Sbte ~ New York l~ 52-9321725 ResidioE in Suffolk Coun~ ~ Commamn J ~l.r~ ~ ~ 8:20 p.m. Application of Warren A. Sambach, :173 Hillside Avenue, Williston Park, NY. 11596 for a Vari- ance to the Zoning Ordinance, Art. HI Sec. 100-31 & Sec. 100-36 for permission to con- struct gddRion with insuffi- cient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Es- tates 'Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) fora Variance to the Zoning Ordinance, Art. IH, Sections 100-30A (1) & 100-32 for permission to amend Build- ing Permit #11152 Z, which was issued for storage build- ing a permitted Use Amend- ment to living unit i~ not permitted with an existing dwelling on premise, s without a Variance. Location of prop- erty: 49975 County Road' 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R, 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. C~unty T~x Map Item No. 1000-51-3,8, 9, 12.2., 13.2. 8:45 p.m. Application of Frederick T. Horn, 297 Sun- set · Avenue, Westhampton Beach, NY 11978 for a Vari- ance to Section 280A Sub- section 3 of the Town Law for approval of access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffier, County Tax Map. Item No. 1000-109-5- north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead,,NY .11901 for a Variance to the Zoning Ordinance, Art. IH, Sec. 100-30 (A & B) for permission to use part of premises for commercial dock- ing and mooring with parking storage area in an A Resi- dential~Agricultural Zone. Lo- cation of property: 610 Nan- gles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles .Road, south by McKenna, east by MattRuck Creek; County Tax Map Item No. I000-99- 4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Sta- tion, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 7/30/81 (2) Board Of Trustees There will be a regular meeting of the Board of Southold Town Trustees at 7:30 p.m., August 5, 1981 at the Town Rail Maia Road, Southold, N.Y. The following Rems will be reviewed: . William Gremler, Jr. - appli- cation to place offshore stake with pulley line to onshore stake at Mattituck Creek, MattRuck. A. Pagnozzi - application to construct a small marine railway, 50' x 5', at Jockey Creek, Southold. A. Pagnozzi - referral from Town Board of Wetland Appli- cation #69 to construct a small marine railway, 50' x 5', at Jockey Creek, Southold. Legal Notices 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 Southoid Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, August 6, 1981, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zon- ing Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insuf- ficient area and/or width of two parcels due to the reloca; tion of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Con- nelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 10~31 for permission to construct one-family dwelling from pre- existing chapel with insuf- ficient rear yard setback at 7216 Great Peconic Bay Boule- vard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 lance I.~tem No. 1000-.q7-~-ll_ 12 17. ~:~ p.m. Application of Gunter Morchei, Nassau Point Road, Cutchogue; NY (SWim King P"'qs, Route 25A, Roc~-y Point, 11778 as agent) for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Ct:t- chogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County OF SUFFOLR. )F NEW YORK, ~ ss: Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Giickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Build- ing Permit #11152 Z, which was issued for storage build- ing, a permitted use Amend- ment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of pro- perty: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R: 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2, 13.2. 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's-Lane Exten- sion, Cutch0gue; bounded north by Path Way, west by Fairway Farms, south by Case's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permis- sion to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agri- cultural Zone. Location of pro- perty: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Maftituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TJy30-3738 t' TIMES. a newspaper published at Greenport, in said md that the notice, of which the annexed is a printed Is been published in the said Suffolk Weekly/ Times HELEN K. DE VOE NOIARY PUBLIC, State of New York No. 4707878,, Suffolk County Term Expires March 30, Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Gustavson Warren A. Sambach, 173 Hill ............................... being duly Sworn, side Avenue. Williston Park, NY 11596 fora Variance to the t l'L/t ..... is Printer and Publisher of the SUFFOLK Zoning Ordinance, Art. III Sec. 100-31 & Sec.-100-36 for permission to construct addi- tion with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as'Gardiners Bay Estates Subd., Filed Map each week~ for .. ~e. ....................... weeks #95, Lot 96; County Tax Mapvc;ly item No. 1000-37+9. commencing on the ... 3/].th .................. 8:30 p.m. Application of 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 p~blic hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, August 6, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exqeption to the Zoning Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his per- sonal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application of Margaret McGowan, 17vAberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insufficient area and/or width of two parcels due to the relocation of lot lin~s. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York,~NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for permission to construct one-family dwelling from· pre-existing chapel with insufficient rear yard setback at 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. ~ 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutchogue; lbounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, Regular Meeting of August 6, 1981 legal adv. NY 11778 as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to construct addition with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Building Permit #11152 Z, which was issued for storage building, a permitted use Amendment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of property: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R~ 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2,.13.2., 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of .access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agricultural Zone. Location of property: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 30, 1981 and forward nine affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon as possible. Addendum to Legal Notice 8/6/81 Board of Appeals Regular Meeting On Monday, July 27, 1981, copies to: ~Donald C. DeLalla _.Margaret McGowan ~Gary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan Kenneth I. & Judy M. Mc Fall Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall Patricia Bailey Mr. & Mrs. Gunter Morchel Swim King Pools, as agent for Mr. & Mrs. Morchel JMr. Warren A. Sambach ~Mr. Salvatore Caiola --'Mr. Samuel J. Glickman, as attorney for Mr. Caiola -Mr. Frederick T. Horn ,'Northville Industries Corp. Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board Appeal Files Mr. & Mrs. Joel McElearney, owners of property of Northville Ind. Corp. appli APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION / PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No.2846 Application of: Patricia Bailey Location of Property in Question: 2155 Skunk Lane, Cutchogue County Tax Map Item No. 1000- ~ 97-4-11,12,.17 Project Proposed by Appeal Application: Subdivision of 3 merged lots 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: July 15, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant/ Agent ZBA file O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 23, 1981 To; Southold Town Zoning Board of.Appeals From: Judith T, Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2846 application of Patricia A. Bailey for a variance. Also included are notification to adjoining property owners, notice of disapproval from the building inspector, short environmental assessment form, and wetland questionnaire. . Terry ~ JTT/bn Town Clerk Encl~zosures 5li,S;:i' i:'IiV][~OHHF_HI'AL ASiESSHFFll I Il S"I-!~,ICI' I 0It S:_ 0 -- (~) in ord,:r to ons~'ter the questions in this short EAF it Ls assumed that the preparer ~',i!} use currently ovoi.loble inForr, otion concerning the project ¢,nd the Iii:ely impacts of the action. It is not expected that oddltlonol studier., research or other lnvestigat~ons will be undertaken. (b) If any questlon has been ons'..~ered Yes the pro)ect may be significant and o completed Environraentol Assessment Form is necessary. (c) If all questions have been (;ns~,mred No it is likely that project is not signlFicont. .. -: (d) Ehvironm~ntal Assessm~n~ .. ~. ~]-II project res'u'i-i--in o large physical change to the p~oject site or physically alter more th~.~n 10 acres of land? ........................ Yes 2. ~'l~I~ ~here be a major change to any unique o~ -u:~usuot Zend fo~'m found on the s~e? .......... Yes /~N0 3. ~'/~1 project alter or heve a large effect on ex~sting body of water? Yes 4. Will project have o poten'lially large impoc~ . on groundvmter quality? ....................... _ Yes: No_ 5. %';ill project significantly effect dro.inoge /N Flo~', on odjacen~ sites? ........................ Yes o 6. %'/ill projecl affect any threatened or cnd¢,ngercd plant or animal species? ........... Yes No 7. ~'lill project rcsul~ .:in o major advcrsc e~Fe2t on air quality?....; ......... ~.. ~ ....... ' :' Yes o' 8. ~,'/ill projecl have o major cFfccl on visual ch¢~racter of the communily or sccnic views or vis'los kno~n ia'be important to the community?. ~_'Yes. ~.No_ ~. ~'/ill project odversel)' i,.~pac[ any site or s~ruc~ure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area by o local ogenc-y? ............ ;:..':.,-.;'.'.'.:",..':_ Yes_/No 10. %'/ill project have a major effect on existihg / or Fulurc recreational opportunities? ......... Yes No 11. %'!il! projc~ct rcsult in major traFFi'c problems or. cause o major cFFccl to ex.isling · / tronsporio%ion sys'[cms? ....................... Yes~' No 12. %'~ill project .regularly cause objectionable o(]ors, noise, glare, vibration, or elcclricol disturboncc os a rcsull of thc project's / opcro'tion? ......... ' ....... ' ..................... .... Yes~/ No 13. %'/ill project i'~ove on)' impact on public health / or .safety? .................................... Yes= No 14. %'1ill p~ojec~ affect ~he existing community by ~ directly causing o growth in permancnt ' population of more than 5 pcrcc.nt over o one year period or have a major ncgative eFFcc~ on the charon:ret o[ the community or neighborhood? .................................: Yes. o 15. ~s there public controversy concerning the project? ...................................... .,. Yes No .:22., (Today' s Date') To: Re: Southold Town Board of Appeals Main Road $outhold, NY 11971 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, p~ease be advised that Che 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 withih 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 pl&a%e TOWN Ol~~, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO ,THE ZONING ~OARD OF APPEALS,.TOW~ N O~c SOUT~OL~D,~.IH. ¥." ' ' '~ ~ (We> ~~,..~,~.~,... , ,,~ ....... ~.~.~.~:. .- ~.~-'-.- ......... · ,....,:..._........., :: .................................. -~.. ~Unicipali~ THE ZONING BOARD OF APP~LS F~OM 'TH~DECISION OF THE BUILD~~ I~SPECToR' ON APPLICATION FOR ~RMIT NO ..................................... DATED ............................... v ..................... WHEREBY':T~HE BUILDING INSPECTOR"DENIED' TO ............. ~om~ of Applicant fo ~ it ~ ', - '- ................. : ........ .~.~.. · .... t"~" ~'~ '~'t'"~"=":"? ........ : ............. ~ S¢¢et and Numar ,., ~unicipoli~d " ~tofe ' ( ) PERMIT TO USE' ¢ ( ) P~MIT FOR ~CUPANCY ' ' Str~ U~ ~rJc¢ o Z~'ng 'Map ....... . ................. 2. PROVISION (5) OF THE ZONING ORDINANCE APP~LED (l~e f~, A~icie S~J~e~ S~ section and Paragraph of the Zoning~rdina~e by numar. Do not q~e the Ordinance.) 3. TYPE OF, APPEAL ApPeal is mede her~ith for (X) A VARIANCE to the Zoning Ordi~ce or Z~ing ( ) A VARIANCE due to !eck of ~ce~ (Sram of ~w Yo~ T~ ~w. Ch~. ~ C~s. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previ~s oppe~! (h~s) (has not) ~en m~;w~'r~t to,this of t~'Building insp~tor_or with resp~t to this pr~y. ~, SucE..oppeal was ( ) request for a special permit ..... _ ( ) request ~r a varion~ .. ~ ~ ' ,. andros made in Appeal No .................................. ~ted .. '" ..... . . ........... r~ff"~ ....... ~ ...... ?~ ...... ,*.~ ....................... REASON ~ APPEAL ( ) A Variance to ~tion 280A Subsection 3 (~) A V~riance to the Zoni~ Ord~?ance is r~ested 'faf the ,r~n 'ibm ' (Continue on other side) REASON FOR APPEAL · O - - ~..; Con tinu~ .... 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 3. The Variance would observe the spirit of the Ordinance and WOULD .NOT CHANGE ~HE STATE OF N,~ Y~.~ ) ) ss COUNTY 0~1 ) Sworn to this ............... ~ ....... day of ................ ~ .................... ELI~B~H ANN NEVI~E H~ARY PUBLIC, ~ate of New Y~k No. 52-8Z25850, Suffolk C~ T~ ~pir~ March 30, 19 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Ap~all~ of the Town of $outhold\ TO: NOTI~:E TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersign, ed to petition the Board of Appeals of the Town of SouthoJd to request a (_V. arJat~ce) (Spe. cial?E, xception) (Special Permit) (the.followit3g relief: - ,. .). 2. That the property which is th.e Subie.ct of the Petition is Iocateck ad~cent to ~(gur property and is des- cribed_ as follows: .'~ ~/~'~- · ~.J~*_~._l~_~,'~*tc~ C~,~_~.~.~,. ~/~_~e,~ ~.~, ~c~<~-- 3. That the property which is the subject of,such Petiti.on is located in the following zoning district: 4. That by such Petition, the undersigned will rec~t the folIowing~relief:~'~ e, .~.~ ~(-.~ ~ a-~ :5. That the provisi.ons of the Southold Town Zoning Code applicable to the relief sought by the under- 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-~809. 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:~~ ~2--, I~ ~/ Petitioner,,, NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~ Z STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , ("' ·._(~ ,,~A z~ ~' ~,,~, ~ .-~ i' . being duly swor~, deposes and says that on t e ~,~,~day of ~ ~ ~7- - -, i9'_~__, deponent mailed a true copy of the Notice set forth on the re- verse side ~'ereo-f, di~cted to each of the aBove-named persons at the addresseS.se~t names; that the addresses set opposite the names' of said persons are the addresses of said persons as shOwn on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ oC~ ~ ]~J .4/~/ ; that said Notices were mailed to each of said persons by (certified) (regi-st~ed-Tmai~ - ' - Sworn to before me this ~ day o__f. ~ _ : , 19 c~/~ , Notary P~blic ~( ELIB~H R~ ~EVI~E ~OTA~Y P~LI~, ~tatl of ~ew Y~ Term Expires March 30, 1 .[ t-tA?.©LD tV/G, A/. .,~¢a/e: lO0'=/" I II I 5.9A( c ) 200' 12 MATCH F,~ P~RCEL NO. SEE SEC. N0.085 -03-008 L}NE 7 7 FOR PARCEL NO. FOR PARCEL NO. SEE SEC. N0.085 SEE SEC. NO. C85 \ \ \ \ \ \ \ 8.3 ?...E,,,6 ' 6 ~.% I.TA( c )" 27. 4A(c) I0.1 Il.lA{c) / / / / Q/// / /. / 12 35.5 A( c ) Board of Appeals Town of Sou~old ~NAUTHORIZ~) AL'rtRAllON SECTION 7209 OF THE NEW YO~ mUCAT~N ~W. ~HE ~ND SURVEYOR*S I~ SEAL ~S$~D SEAL SHALL NOT ~ C~ TO ~ A VALID [~U~ COPY. GUARANTEES iNDICAT~D ~ ONLY TO T~E ~D.,SOt~ ~ WHOM I~ ~REP~ED, ~O OH HIS B~ ~1~ CO.ANY. GOV~;H/AL [ENDING ~ITUT~ LIST~ ~, ~0 r~ ~ ~ THE