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TOWN OF SOUTHOLD, NEW YORK DATE .3./270$.1
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2785. Application Dated January 28 , 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Wickham, Wickham and Bressler, P.C. Appellant
Main Road
Mattituck, NY 11952 (attorneys for applicants)
at a meeting of the Zoning Board of Appeals on March 12 , 1981 the appeal
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
0{g Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31
1. 9F�8I } K}tDS7F861E3i4LACX�F7Cl'i?7{ #i0{uX7Gila8xde2F]57iC�f6K35Xp�1Fdi3iX843{8¢1Son ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Public Hearing: 3/5 & 3/12/81 - Application of Leo and
Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the
Zoning Ordinance, Art. III, Sec. 100-31 for permission to alter property
line between Subd. Lots 49 and 50, reducing the lot area for Lot 50 and
increasing the lot area for Lot 49 of property located at the east side
of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by
Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax
Map Item No. 1000-111-15-8 .
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary
hardship because
(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) (would not)
change the character of the district because
(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.
ZONING BOARD OF APPEALS
FORM ZB4
After investigation and personal inspection, the Board finds as
follows:
Appellants have appealed to this Board seeking a variance approving
the alteration of the lot line between Subdivision Lots 49 and 50 , reduc-
ing the area for Lot 50 by 2, 848 sq. ft. and increasing the area for Lot
49 by 2,848 sq. ft. in order to allow more side yard area at the south
side of the existing house and shifting bay frontage to 117 feet from
100 feet. The lots in question are part of the Subdivision of Nassau
Point Club Properties Map No. 806, which preexists zoning. Upon referr-
ing this matter to the Planning Board, this Board has received a written
favorable response from the Planning Board.
The Board finds that the relief requested in relation to the Code
requirements is not substantial; that if the variance is granted no
detriment to adjoining properties will be created; that no detrimental
effect is produced on available governmental facilities of any increased
population; that no substantial change is produced in the character of
the neighborhood; that the relief requested is within the spirit of the
zoning ordinance; and that the interests of justice will be served by
the granting of the within variance.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, that Leo F. and Lillian Brac be granted a variance to
the zoning ordinance, Art. III, Sec. 100-31 approving the alteration
of lot line as applied for.
Location of Property: East side of Nassau Point Road, Cutchogue,
NY; bounded north by Eggers; west by Nassau Point Road; south by
Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8.
Vote of the Board: Ayes : Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was : Mr. Doyen (illness) .
APPROVED
Chelrmen Bagrd of pnp�
T)
TIL : sou' IG-D 7'01714 CLERK
DATE, HCUU:,70P/rI
i
Town Clcrlc, ToYTn of Sc .o1d
t
f 4
a
r.
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 ,
the following matters will be held for public hearings by the
Southold Town Board of Appeals at the Southold Town Hall , Main Road ,
Southold , NY on Thursday , March 5 , 1981 :
7 :30 p.m. Application of John and Mary Pietrodan elo , 52340
Main Road , Southold , NY (Rudolph H. Bruer , Esq . ) for a Variance to
the Zoning Ordinance , Art . III , Section 100-30(A) , ( C) , for permission
to operate a retail flower shop on first floor of existing building
in an A-Residential District. Location of Property : 52340 Main
Road (S . R. 25 ) , Southold , NY ; bounded north by S. R. 25 ; west by
•Charnews ; south by Southold School District No . 5 ; east by Terry ;
County Tax Map Item No . 1000-63-6-9.
7 :45 p .m. Application of Richard A. and Janet J . Schlumpf,
32 Curtis Path , East Northport , NY (Wickham , Wickham & Bressler ,
P. C. as attorneys ) for a Variance to the Zoning Ordinance , Art. III ,
Sec . 100-31 for approval of the reduction of the area and width of
a parcel of land to provide additional access to a second parcel of
land , located at the east side of Indian Neck Lane , Peconic , NY;
bounded north by James , Mealy , Capobianco , Sheily , Lueckoff; west
by Indian Neck Lane ; south by Peconic Bay Gardens ; east by Richmond
Creek ; County Tax Map Item No . 1000-86-5-7 and 8 .
7 : 55 p.m. Application of Thomas J . DeBorger , 93 Broadwaters
Road , Cutchogue , NY (Rudolph H. Bruer , Esq . ) for a Variance to
the Zoning Ordinance , Art . III , Sec . 100-31 for permission to
change division line between Lots 295 and 296 to run generally
north and south rather than present east and west at 945 Broadwaters
Road (a/k/a 100 Wunneweta Road ) , Cutchogue , NY ; Nassau Point
Properties Sub . Map 156 , Lots 295 and 296 ; County Tax Map Item
'Page 2
Legal Notice of Hearings
Board of Appeals Meeting of March 5 , 1981
No . 1000-104-11 -9.
8 :05 p.m. Application of Frederick Cowan and Company , Inc . ,
120 Terminal Avenue , Plainview , NY 11803 (Richard J . Cron , Esq . )
for a Variance to the Zoning Ordinance , Art . VII , Sec . 100-70A, B ,
for permission to conduct an industrial -type business (equipment
designing and fabricating ) in a B-1 Business District. Location
of property : northwest corner of North Street and School House
Road , Cutchogue , NY ; bounded northwest by School House Road ;
northeast by North Street ; southwest by Baxter; southeast by Case ;
County Tax Map Item No . 1000-102-5-9. 2 .
8 :20 p.m. Application of Leo and Lillian Brac , Nassau Point
Road , Cutchogue , NY for a Variance to the Zoning Ordinance , At .
III , Sec . 100-31 for permission to alter property line between
Subd . Lots No . 49 and 50 , reducing the lot area for Lot 50 and
increasing the lot area for Lot 49 of property located at the
east side of Nassau Point Road , Cutchogue , NY ; bounded north by
Eggers ; west by Nassau Point Road ; south by Blaikie ; east by
Peconic Bay; County Tax Map Item No . 1000-111 -15-8.
8 :30 p .m. Application of Frederic P. Rich , 1470 Hobart Road ,
Southold , NY (William H. Price , Jr. , Esq . ) for a Variance to the
Zoning Ordinance , Art . III , Sec : 100-31 for approval of insufficient
area and width of two proposed parcels each with a residence , and
known as 1470 and 1580 Hobart Road , Southold , NY ; bounded northwest
by Smith ; southwest by Town Creek ; southeast by Creighton ; northeast
by Hobart Road ; County Tax Map Item No . 1000-64-3-2 .
8 :35 p .m. Application of North Fork Motel , Inc. to change
existing motel use to privately-owned units . ( Previously advertised
2/5/81 ) .
Dated : February 12 , 1981 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS , JR. , CHAIRMAN
To the Suffolk Weekly Times and Long Island Traveler-Watchman :
Please publish once , to wit , February 19th (or in the alternative ,
not later than February 26th ) , and forward six affidavits of
publication to : Mrs . Linda Kowalski , Secretary , Board of Appeals ,
Main Road , Southold ,NY 11971 . (tel . 516-765-1809 or 1802 ) .
-------------------------------------------------------------------
Copies mailed Tuesday , Feb. 17 , 1981 to :
Rudolph H. Bruer , Esq . as attorney for
John and Mary Pietrodangelo
Thomas J . DeBorger
Wickham , Wickham & Bressler , P . C. , attorneys for
Richard A. and Janet J . Schlumpf
Leo and Lillian Brac
William H. Price , Jr. , Esq . as attorney for Frederic P . Rich and
North Fork Motel , Inc .
Frederick Cowan and Company, Inc .
Applicants at their mailing addresses shown on applications .
Supervisor
Town Clerk Bulletin Board was posted on 2/17/81 .
------------------------------------------------------------------
QFORM NO. 3 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
nr
FileNo. ................................................................ Date ..............................�...............` ... 19.g�
To ........ I, 0 F....BTS.P.C�...... ....I.1..L t_ Pr t`( �?t A C—
.... ........ ... ......
.. ...
/o W((2KHA MCKRA * �E6SLC7
............................... . .................. '......................... - �
PLEASE TAKE NOTICE that your application dated
.............................AA� 2Z 19......E
CI4ANC-t i,DT I-INE
for permit to ........................................at the premises located at ....................................
..............................H k.56Av.....3!?ff..�Street C U 7c Ho G u l=,
Map .......... o. ...... Block JU/+SSAUtN ..eC t13„ Lo-5'................. ... .A .... is
returned herewith and disapproved on the follow;ng grounds ...0
C � OTSAN.DCANMOr�EC4AKt
...... 4.AS ....: ,... ..... .. .... ... ..... G...............
t01".1. r.......... ZDPoSFD W(LL REbUC-Iff .THE: AREA OF 1.OTJCP
........................................... ................. .............................................
WILL, N>`i� �I-AgNIAIJG -F6N-�.� AKIb 7v�Iinr,CT 0&A� Ro�q
... ..........................................................................................................................................h'�........ I---
........................... ................................
Building Inspector
6C56tes
tom- ��co►��c. -�A-y
- Q-,c-,t4T OF vV tAl LANiKNOW N>
G/- N�sSt4v �a ttv-r 2or+D
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /y
J7S
DATE ..Januarx„28:„1981
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1', (We) L C F. DRAC: arid LiLLilii'� BRAC..........of .........................i�?$.,S L4.. 0 1 ..1?9 . .............
...................
Name of Appellant Street and Number
C�?tchogue New York HEREBY APPEAL TO
........... ..........................................I........................... .........
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED .......January 22, 1981
......................... ..................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
LEO F. BRAC and LILLIAN BRAC
.................................................................................
Name of Applicant for permit
of Nassau Point Rodd C cho ue New York 11935
..... i? ......g. .�..................... ............................
... .... .. ....
Street and Number Municipality State
( x) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ......Nassau Point Road 1000/111/15/8
..... ...... ..... ..... ........ ......p
Street Use District on ZoningMa
806..........................................49 and 50............
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning' Ordinance by number. Do not quote the Ordinance.)
Article III, Section 100-12 and Section 100-30 and bulk schedule
3. TYPE OF APPEAL Appeal is made herewith for
( X ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons, Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal X (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeol was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X ) A Variance to the Zoning Ordinance
is requested for the reason that applicants have a contract to sell Lot No. 50, excepting
a triangular portion adjacent to Lct 1110. 49, with a resultant frontage on Peconic
Bay of 100 feet.
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because in selling Lot No. 50, applicants wish to retain the triangular
parcel in order to give them a larger sideyardon the southerly side of their
house and also shift their Bay frontage to 117 feet. This has been the homestead
of the ,applican.ts. for. many years, and they,have:had the .advantage,af,,both lots.
In cutting Idown on their holdings, they merely wish to change the lot lines slightly.
The resultant figures make the two lots more comparable than before the change.
Prior to the change, Lot ,No. 491had 32,550 square feet, and Lot ,No. -50� had 36,208
square feet. If the variance is allowed, Lot No. 49 will have 35,398 square feet,
and Lot No. 50 will have 33,360 square feet.
?_. 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 this is merely a shift of lot lines.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE ,THE
CHARACTER OF THE DISTRICT because it can only affect these two lots.
WICKHAM, IC & BRESSLER, P.C.
STATE OF NEW YORK ) b
ss . y............. ... ... .... ..... ... ..... ...............................
COUNTY OF. SUFFOLK ) nature
WilliamWickham
Attorneys for Petitioners,
Sworn to this .........28th. . . ............................. day of....Jaary
nu .................................... 1981
. . . .
Notary Public
ELLEN W PRESTON'
NOTARY PUBLIC UM ow Count
o y
No. 4688534- 99.:
Commission Exp
...-,._
' AAwyfSj III -. �
-- COUNTY OF SUFFOLK ' v
V �
DEPARTMENT OF PLANNING
(516) 360-5513 LEE E.KOPPELMAN
DIRECTOR OF PLANNING
April 17, 1981
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charier,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File 'Number
William C. Mercurio et al. 2729
Frederic P. Rich 2776
L,,Li5o & Lillian Brac 2785
Very truly yours,
Lee E. Koppelman
Director of Planning
Y
GGN:jk Gerald G. Newman
Chief Planner
`RAMS MEMORIAL HIGHWAY • HAUPPAUGE.L.I..NEW YORK
TOWN CLERK 765-3783
Building Dept.
Planning Bd, 765-2660
Board of Appeals
763-1309
TOWN OF SOUTHOLD
O �1� Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m,
Board of Appeals Southold
the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ofthe town of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Appeal No. 2785
................ Amendment to the zoning ordinance Lea and Lillian ii1i ac
By `4ickham, ` :cl:hs n a Bressler, C.
................ Zoning changes
.iulain. Hoed
................ Special permits Mattituck, NY 11912:
Ax Variances �ls't. IIT, sec. 100-31
Location of affected land:E's.Nassau Point Nvad, Cutchorue.. 1000-111-15-.3
within 500 feet of: (check one or more)
..XX.............. Town or village boundary line,or shore line
i'ecanic 3,ay
................ State or county road,parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments: Fero.nission war. granter t,:) alter property line between Excepted Subdivision
of Nassau Point 1uL Properties, Lots 49 and 50 as applied for. Photocopies of
file enclosed herewith.
Date: ....April 101 1981
.............................
................................................................................
01ned)
Linda F. Kowals!ci, Secretary
................................................................................
Title
765-1809
Date received by Suffolk County Planning Commission ...............................:....................................................
FileNo. ................................
P
TO D
SL
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr., Chairman TELEPHONE
765-1938
X0@RDDN
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
February 11, 1981
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The Planning Board feels that the change of line proposed
by Leo F. Brac and Lillian Brac poses no objectionable change
I
to the existing properties ro erties because the amount of property
involved is minimal .
Yours truly,
HENRY E. RAYNOR, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
{
i
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS,JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUT-WII 1
ROBERT J.DOUGLASS
GERARD P. GOEHRINGER
TO : Southold Town Planning Board
DATE : January 29 , 1981
SUBJECT : Appeal Application of Leo F. and Lillian Brac by
William Wickham , Esq . for a Reduction in Lot Area
and Reduction of Road Frontage of Lot 50 , Nassau
r Point Club Properties Filed Map No . 806 , Cutchogue
Gentlemen :
This date the appeal application of Leo F. and Lillian Brac (by
William Wickham , Esq . ) was filed for a reduction in lot area and
reduction of road frontage of Lot 50 , Nassau Point Club Proper-
ties Filed Map No . 806 , at Cutchogue .
Please provide us with your comments with this proposal , and
whether or not you approve as anticipated .
Very truly yours ,
CHARLES GRIGONIS, JR.
CHAIRMAN
CG : lk
Enclosure
LEGAL NOTICE
NOTICE. IS . HEREBY
GIVEN, that all of the hear-
ings to be held by the Southold
Town Board of Appeals on
March 5, 1981, have been
recessed until Thursday,
March 12, 1981, which said
hearings will be heard at the COUNTY OF SUFFOLK, 1
same times as previously ad- 1 ss.
vertised,at the Southold Town STATE OF NEW YORK,
Hall, Main Road, Southold,
NY. David H. Walker
Dated: March 5, 19$1. . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly Sworn.
BY ORDER OF
THE SOUTHOLD TOWNhe
says that . . . . . . . , is Printer and Publisher of the SUFFOLK
BOARD OF APPEALS
CHARLES GRIGONIS,JR. WEEKLY TIMES, a newspaper published at Greenport, in said
CHAIRMAN
lTM12-3642 county; and that the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, for . . . .0.119. . . . . . . . . . . . . . . . . . . . weeks
successively commencing on the .1 2th . . . . . . . . . . . . . . . . . . .
day of . . . . �Iarch.���!� .<➢� : 1��!a-e-�! .
. . . . . . . . . . . . . . . . . .
Sworn to before me this I$th. . . . . .
i
day of . . Larch. . . . . . . . 19- 81. //
. . . . . . . . . . . ,� J. . . . . . . .?!U.'. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
No.4707878, Suffolk County`
Term Expires March 30, 19
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
LEGAL NOTICE has been published in said Long Island Traveler-Watch-
man once each week for �.............................weeks
Traveler-Watch-
NOTICE, .-I)s ��BY ...........
GIVF�N,`tl<4t5 all p4f they hearings a
to'be tcxd by "Me Southold successively, commencing on the
Town Board of Appeals on
March 5, 1981 have been day .................
recessed until Thursday,
March 12, 1981, which said
hearings will be heard at the
same times as previously
advertised at the Southold .
Town Hall,Main,Road, South-
old, NY.
Dated: March 5, 1981.
BY ORDER OF Sworn to before me this .......... ................. day of
THE SOUTHOLD TOWN
BOARD OF APPEALS ........... .........1 19...�.
CHARLES GRIGONIS,JR. .
Chairman
1T,3/12/81(50)
` ''"V" "'.................
NotaryWublic
EOSidiftg In SuNk Wj.liy
nss�l�n ��•�rg� i?�L..�
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY COUNTY OF SUFFOLK ss:
GIVEN, pursuant to Section STATE OF NEW YORK
267 of the Town Law and the
Provisions.of the Amended
Code of the Town of .South-
old, the following matters will Patricia Wood, being duly sworn, says that she is the
be held for public hearings by
the Southold Town Board of. Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Appeals at the Southold Town a public newspaper printed at Southold, in Suffolk County;
Hall, Main Road, Southold,
NY on Thursday, March 5, and that the notice of which the annexed is a printed copy,
1981: has been published in said Long Island Traveler-Watch-
7:30 p.m. Application of
—John And P�trgdauQelp�_ man once each week for ..........I............................weeks
Variance to t e 7x»nn� Ordtn- qt�
ance. Art. VII. Sec. 100-70A, successively, commencing on the ......�...!........................
B, for permission to conduct yt
an industrial-type business day .R 19.11.
(equipment designing and ................
,.:
fabricating) m A•- 11
DPstrict. Location of property:
�.r �........................
northwest corner of North
Street and School House Road,
Cutchogue, NY; bounded
Wrthwest by School House
Road; ' northeast by North
Street; southwest by Baxter; c�U
Sworn to before me this ................................ day of
southeast by Case;County Tax
Map Item No. 1.000-102-5-9.2.
8:20 p.m.A Iication of Len 19...8\.
and Lillian Brac, assau Point
Road, Cutchogue, NY for a
Variance tot a ZonitiR Ordin-
ance, Art. ill, Sect. 100-31 for
permission to alter oro rpe tv ti ...................... ....:�:.. � � ......... .�:.':............
line between Subd.Lots No.49 ;a Notary P is
and 50. re uctn the lot area
or' of 50 and increasing the o CLEMENT.!,THOMPSON
lot area for Lot 49 of ro ert NOTARY PijsLIC,SWe of New York
located at the east side o u o.52-9321725
Nassau Point oa Residing utc - 1 Commission In Suffolk Coin,
oizue, unded north by a: Pits Alateh--Eggers; west by Nassau Point ;t
-.Road.-lout ty at ne.east
Pecgnic$a 'nutftV Tkt3ca ,y
Item No.. 1.0004 t1=15-$.
p:m. Xoplication of
Frederic P. Rich. 1470 Hobart
Road, Southold, NY (William
H. Price, Jr., Esq,) for a
Variance to the Zoning Ordin-
ance, Art. 111, Sec. 100-31 for
approval of insufficient area
and width of two proposed
parcels each with a residence.
and known as 1470 and 1580
Hobart Road. Southold, NY;
bounded northwest by Smith;
southwest by Town Creek;
southeast by Creighton; north-
east by Hobart Road; County
Tax Map Item No. 1000-64-
3-2.
8:35 p.m. Application of
North Fork Motel, Inc. to
change existing motel use to
privately-owned units. (Pre-
viously advertised 2/5/81).
Dated: February 12, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
.....nn nr Anna AIC
i
t
i
COUNTY OF SUFFOLK, )
WTa'Pe ^IV urre" v^nv RR
Southold, NY; bounded north Thomas J. DeBorger, 93 corner of North Street and
by S.R.25;west by Charnews• Broadwaters Road, Cut- School House Road Cut-
LEGAL NOTICE south by Southold School Dis- chogue, NY (Rudolph H. chogue, NY; bounded north- H. Price, Jr., Esq:) for a
OF HEARINGS trict No. 5; east by Terry; Bruer,Esq.)for a Variance to west by School House Road; Variance to the Zoning Ordi-
NOTICE IS HEREBY County Tax Map Item No. the Zoning Ordinance,Art.111, northeast by North Street; nance, Art. III,Sec.100-31 for
GIVEN, pursuant to Section 1000-63-6-9. b l' Sec. 100-31 for permission to southwest by Baxter; south- approval of insufficient area
267 of the Town Law and the 7:45 p.m. Application ' of change division line between east by Case; County Tax Map and width" of two proposed
Provisions of the Amended Richard A. and Janet J. Lots 295 and 296 to run gener- Item No. 1000-102-5-9.2. parcels each with a residence,
Code of the Town of Southold, Schlumpf,32 Curtis Path,East ally north and south rather 11 8:20 n.m.Annlication of Leo and known as 1470 and 1580
the following matters will be Northport, NY (Wickham, than present east and west at and i.ilhan Brac Nassau Point Hobart Road, Southold, NY;
held for public hearings by the Wickham & Bressler, P.C. as 945 Broadwaters Road (a/k/a Road, Cutchogue, NY for a bounded northwest by Smith;
Southold Town Board of Ap- attorneys) for a Variance to 100 Wunneweta Road), Cut- arriancetosouthwest by Town Creek;
peals at the Southold Town the Zoning Ordinance,Art.III, chogue, NY; Nassau Point mance, At LII, Sec. 100-31 for southeast by Creighton;north-
Hall, Main Road, Southold, Sec. 100-31 for approval of the Properties Sub. Map 156, Lots _perm�ss�on to.alter nrggex east by Hobart Road; County
N.Y., on Thursday, March 5, reduction of the area and 295 and 296; County Tax Map 1117 g 11$ib ,�,ot(M 49 , Tax Map Item No. 1000-64-3-2.
1981: width of a parcel of land to Item No. 1000-104-11-9. and 50, reducing the lot-area- �k 1 8:35 p.m. Application of
7:30 p.m. Application of- , provide additional access to a = ` 8:05 p.m. Application of I& Lot 5U a�Td increasing-the North Fork Motel, Inc. to
John and Mary Pietrodangelo, second parcel of land, located Frederick Cowan and Compa- lot-area for Lot 49,of.prort-y change existing motel use to
52340 Main Road, Southold, at the east side of Indian Neck ny,Inc.,120 Terminal Avenue, located at the east side_ of privately-owned units. (Prev-
NY (Rudolph H.Bruer, Esq.) Lane, Peconic, NY; bounded Plainview,NY 11803 (Richard �lassau 'l�ont Road Cud iously advertised 2/5/81).
for a Variance to the Zoning north by James, Mealy, Cap J. Cron, Esq.) for a Variance chogue,NY -boun e7noo-th-�by Dated: February 12, 1981.
Ordinance, Art. III, Section obianco Sheily, Lueckoff; to the Zoning Ordinance, Art. Eggers;west by Nassau"Poif7t BY ORDER OF
100-30(A), (C) for permission west by Indian Neck Lane; VII, Sec. 100-70A, B, for per- Road; south by BIaikie; east THE SOUTHOLD TOWN
to operate a retail flower shop south by Peconic Bay Gar- mission to conduct an indus- by Peconic'Bay; County TaxBOARD OF APPEALS
on first floor of existing build- dens; east by Richmond trial-type business(equipment Map Item No. 1000-111-15-8. ; � L., CHARLES GRIGONIS,JR.,
ing in an A-Residential Dis- Creek; County Tax Map Item designing and fabricating) in 8:30 p.m. Application of CHAIRMAN
trict. Location of Property: No. 1000-86-5-7 and 8. a B-1 Business District. Loca- Frederic P. Rich, 1470 Hobart 1TF19-3629
52340 Main Road (S.R. 25), 7:55 p.m. Application of tion of property: northwest Road, Southold, NY (William
HELEN K. DE VOE
NOTARY PUBLIC,State of New York
No.4707878, Suffolk Count
Term Expires March 30, 19
0
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, that all of the hearings to be
held by the Southold Town Board of Appeals on March 5 , 1981
have been recessed until Thursday , March 12 , 1981 , which
said hearings will be heard at the same times as previously
advertised . at the Southold Town Hall , Main Road , Southold , NY.
Dated : March 5 , 1981 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS , JR.
CHAIRMAN
-----------------------------------------------------------
Suffolk Times and Long Island Traveler Watchman :
Please publish the above legal notice once , to wit , Thursday ,
March 12 , 1981 and forward two affidavits of publication to :
Board of Appeals , Main Road , Southold, NY 11971 .
765-1809.
-----------------------------------------------------------
Copies 'to :
Suffolk Times by hand Monday 5 : 00 p.m. 3/9/81 .
L . I . Traveler by hand Tues . , a.m. 3/10/81 .
The following by mail 3/10/81 :
Rudolph H. Bruer , Esq .
Abigail A. Wickham , Esq .
Richard J. Cron , Esq .
Mr . and Mrs . Leo Brac
William H Price , Jr. , Esq .
Mr. Alfred H. Goldsmith
Mr . and Mrs . George Sweeney
Posted on Town Clerk Bulletin Board 3/5/81 .
Copy to Supervisor ' s Office 3/10/81 .
�FFo� 0 4
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
I'll TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN TYPE II ACTION DESIGNATION
SERGE
RYDOYEN, NOTICE OF NO SIGNIFICANT EFFECT
TUTT_LLL_1-4-
Trnn\/TII
ROBERT J. DOUGLASS UPON TH NVIRONMENT
GERARD P. GOEHRINGER
Joseph H. Sawicki
Pursuant to Section 617 . 13 of the New York State Environmental
Quality Review Act (SEQRA) , Article 8 of the Environmental Conser-
vation Law, and Section 44-4 of the Southold Town Code , the South-
old Town Board of Appeals has determined the following-described
project is classified as a Type II Action , not having significant
adverse effects upon the environment. Pursuant to Section 617 . 5 (a )
of the New York State Environmental Quality Review Act, no further
determination or procedure is required herein . This declaration
should not be considered a determination made for any other depart-
ment or agency which may also be involved or any other project not
covered by the within application .
Applicant has submitted an environmental assessment in the short
form which indicates that no adverse effects were likely to occur to
the environment .
Lots are excepted from the Code from requiring compliance to
area restrictions , Nassau Point Club Properties Lots 49 and 50.
Alteration of lot line is proposed--no additional building lots .
Applicant 's Name : Leo F. and Lillian Brac . Appeal No . 2785 .
description of Project : Alter lot line between Lots 49 and 50
to allow a larger si—d-e—y-a—r-d area for Lot 49 , which applicants propose
to retain . East Side of Nassau Point Road , Cutchogue , NY.
Date and Place of Public Hearing : 3/5/81 at 8 :20 p .m. at the
Suuthold Town Hall , Main Roa , Southold , New York.
Documents on File : Appeal Application , Notice to adjoining prop-
erty owners with malT receipts , Surveys or Sketches of the proposed
project , Notice of Disapproval from the Building Inspector, Notice of
Hearing , Environmental Assessment in the short form , photocopy of the
County Tax Map showing this property and the surrounding area , and
other documents as may be required .
Person to Contact for Additional Information : Linda Kowalski ,
Secretary to the Board of Appeals , Town Hall , Main Road , Southold ,
New York 11971 . Telephone ( 516 ) 765-1809 , or 1802 (Building Inspector ) .
Dated : February 12 , 1981 .
Copies to : Applicant or his agent.
Town Clerk ' s Bulletin Board.
Supervisor, Town of Southold.
0 A
O K
JUDITH T.TERRY TELEPHONE
TOWN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
January 29, 1981
To : Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2785 application of Leo F.& Lillian
Brac for a variance. Also included are notification to adjoining property
owners as follows : Mr. & Mrs . Steven Eggers, 1344 Lexington Avenue, New York,
N.Y. 10028; Mr. & Mrs. Alfred B. Blaikie, Nassau Point Road, Cutchogue, N.Y.
11935.
Judith T. Terry
JTT/bn Town Clerk
Enclosures
0 4
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM
ERIC J. BRESSLER 516-298-8353
ABIGAIL A.WICKHAM
January 28, 1981
Zoning Board of Appeals
Town of Southold
Town Hall
Southold, NY 11971
Re: Property of Leo F. Brac and Lillian Brac
Nassau Point Road, Cutchogue, NY
Gentlemen:
In connection with the above matter, enclosed please find the
following:
1. Original Notice of Disapproval from the Building Inspector;
2. Application, in triplicate;
3. Original Notice to adjoining property owners with certified
mail receipts attached thereto;
4. Environmental Assessment Short Form;
5. Wetlands letter;
6. Three copies of the survey;
7. Check to the order of the Southold Town Clerk in the sum of
$15, representing the application fee.
Very c d' 11 ours,
W am is
/ep
Encls.
SNORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS :
a In order to answer the questions in this short EAF it is assumed
`I that the preparer will use currently available information concerning the
project and the likely impacts of the action . It is not expected that
additional studies, research or other investigations will be undertaken .
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary .
(c) If all questions have been answered No it is likely that this
project is not significant .
(d) Environmental Assessment
1 .
Will project resu t in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes X No
2. Will there be a major change to any unique or
-unusual land form found on the sit e? . . . . . . . . . . Yes X No
3 . Will project alter or have a large effect on
existing body of water? . . . . . . . . . . . . . . . . . . . . • • YesX N.9
4.. Will project have a potentially large impact ,
on groundwater quality? . . . . YesX ' No
5. Will project significantly effect drainage X
flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . Yes No
.
6. Will project affect any threatened or X_
endangered plant or animal species? . . . . . . . . . . Yes No
7. Will project result in a major adverse effect
on air quality? . . . . . . . . . . . . . . YesX No
8 . Will project have a major effect on visual
character of the community or scenic views or.
vistas known to - be important to the community? YesX No
9 . Will project adversely impact any site or .
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency? . . - �: : . . Yes No
10 . Will project have amajoreffect on.existing
or future recreational opportunities? . . . . . . . . . YesX No
11 . Will project result in _major traffic problems
or cause a major effect to ex-isting
transportation systems? . . . . . . . . . . . . YesX No
12 . Will project regularly cause objectionable
odors, noise," glare, vibration, or electrical .
disturbance as a result of the project ' s
operation? YesX No
13 . Will project have .any• impact on.public• health.
or .safety? . . . • �
. . . Yes X No
14 . Will pi-ojec-taffecttheexistingcommunity by
directly causing a growth in permanent
population of more it-ion 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No
15 . Is there publ ' controversy concerning the
. . . . YesX No
project? . . .
PREPARER ' S SIGNATURE
c a
REPP.ESENTING Leo F. B c and Lillian Brac DATE January 28, 1981 __
0
January 28, 1981
(Today' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of Leo F. Brac and Lillian Brac
Location of Property: Nassau Point Road, Cutchogue, NY
(Lots 49 and 50 on Map of Nassau Point Club Properties, Inc.)
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.
[ x ] May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises. We have applied to the Department of En-
vironmental Conservation for permit or negative declaration.
[ ) 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. ]
2ieWam
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of.
LEO F. BRAC and LILLIAN BRAC' ' ' " NOTICE
to the Board of Appeals of the Town of Southold
TO: Mr. and Mrs. Steven Eggers
1344 Lexington Ave.
New York, NY 10028
Mr. and Mrs. Alfred B. Blaikie
NassAu Point Road
Cutcho ue NY1 35�
Y'dU ARE HERMBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)49pNOU tF�tt411� $ B iii lii �€ i
1.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Nassau Point Road, Cutchogue, New York; Lots Nos. 49 and 50 on
Map of Nassau Point Club Properties, Inc.
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential
4. That by such Petition, the undersigned will request the following relief: To change lot lines
between Lots 49 and 50
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III, Section 100-12 and Section 100730 and:bulk schedule
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 may 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 to the date of such
hearing in the Suffolk Times and in the Long,Island Travel er-Mattituc k Watchman, newspapers pubjjshed in the
Town of Southold and designated for the publication of such notices;th ou or your representative have the
right to appear and be heard at such hearing.
Dated: January 28', 1981 Wickh Wh & sl P C.
by
ftgfim**K Will ia Wickham
Attorneys for Petitioners
Post Office Address
P.O. Box 1424
Mattituck, New York 11952
. ...: tv •ItiE �'i1�4 YlLiG��
._"i .off
PROOF OF MAILING OF NOTICE
NAME ADDRESS
Mr. and Mrs. Steven Eggers 1344 Lexington Avenue
New York, NY 10028
Mr. and Mrs. Alfred B. Blaikie Nassau Point Road
Cutchogue, NY 11935
P19 48C P19 4 8 0 97 11d
RECEIPT FOR CERTIF ECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE NO INSURANCE COVERAGE PROVIOEO"
NOT FOR INTERNATIONAL N NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Reverse)
SENTTO SENTTO
r. & Mrs. StevenMr. &pp��yyMrpps. Alfred A. Blai iE
STREET AND NO. *Rag )Pt. Road
1344 Lexin ton Ave
P.O.,STATE AND ZIP CODE P.O..STATE AND ZIP CODE
k NY 1002 Cutcho ue, NY 1193$ .15
POSTAGE POSTAGE
CERTIFIED FEE CERTIFIED FEE .80
Uj SPECIALDELIVERYW SPECIAL DELIVERY
s RESTRICTED DELIVERY ¢ RESTRICTED DELIVERY
0
SHOW TO WHOM AND S4G'.14 TG WHOM AND
W WUj
DATE DELIVERED � �•'�, � DATE DELIVERED '45
a m W SHOW TO WHOM,DATE, g y y r T`-' "•
yH AND ADDRESS OF
g DELIVERY i _j w DEuv�RY
a w z
Z
W SHOW TO WHOM AND DATE .? G i ShOVv
cc DF IVERED��ur,rs�ST - .. .
s DELIVERED WITH RESTRICTE c DELI`dERY
C'
Z o s DELIVERY
v SHOWTOWHOM,DATE AND r�7 Hnro1 Daft,4:dD
ADDRESS OF DELIVERY WITF 170 ,F DELNER•�WITH d
RESTRICTED DELIVERY ED L tEu E'?Y
TOTAL P FEES A STAG to,ES $ 1 40
P. PO AR Q M ORamS
8 C Jy, C. 00
8 Q C
�Lv .T.�
0 0 ��.
w w
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
ELLEN PRESTON . residing at 903 `Main Street,
Greenport, NY 11944 being duly sworn, deposes and says that on the28th day
Of January, , 19 81 ,deponent mailed a tine copy of the Notice set forth'on`the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their,respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at Mattituck, New York ;that said Notices were mailed to each of said persons by
(certified) OragUmmomail.
Ellen Preston
Sworn to before me this 28th
dO�f Januar , 19 1
Notary Publ'
CHRUMNE SIFJKA
Notary I Ok Skft of Now York
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