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HomeMy WebLinkAbout2843South i Side Main Rd.., Southold CA~appromal of insuf~, area and w~dth of pro- pose~ parcel I, :approval of insuff, area and width of .proposed parcel 2, approval of access of 3 proposed parcels. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2843 by application Dated June 10, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF. SOUTHOLD To Mr. Robert W. Gillispie III as agent fo~ Phebe M. Bridge Estate DATE .... 9../3.0.~/. 81 AppeHant at a meeting of the Zoning Board of Appeals on AucJu.st 6 ~ 1981 was considered and the action indicated below was taken on your (XN Request for variance due to lack of access to property N .Y. Town Law Section ( ) Request for a special exception under the Zoning Ordinance (XX Request for a variance to the Zoning Ordinance Mt. III, Sec. 100-31 ( ) the appeal 280A granted ( ) ~be denied!~urs~aant:;~to. Axticle .................. Section .................... Subsection .................... paragraph .................... of the 'Zoning O~dinance and the decision of ~he Building Inspector ( ) be reversed ( ) be confirmed because Application of Phebe M~. Brid~ge~'~te, i c/o Robe~,t W. Gillispie III as agent, P,.O, i:BoX~ii~l]~~~ld, ~NY ~9~_~, for a Variance to New York Town 25~W,{:~i~SDA~ ~nhs,e~t:~m 3, and for a Variance to the. Zo~fng ~i~r~ae, "Article XII, 'Section 100- 31 for approval of insufficient ~a~'a of proposed p~rcel No. 1, approval of insufficient area and width of proposed Parcel No. 2, approval of access of three proposed parcels at the south side of Main Road, Southold, NY (R-O-W off south side of Main Road, west of boundary to Burns Real Estate); bounded north by Dubovick, ~ag~rm~n~ Town of Southold: Burns and S.R. 25; west by Schnei- der; south by Bridge; east by Cummings, Scott and Methodist (aJK:~m{~[~/~Xt~'dvh'lXa~~~~X~ce practical difficulties or unnecessary ha ~.~F~XN~MM~X Church; County Tax Map Item No. 1000-61-4-2 and 9. (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 (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. (would not) ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS Appellant by this appeal seeks: (1) approval of access to two parcels in a proposed minor subdivision over a 20-foot wide right-of-way labeled No. "3" on survey mapped April 21, 1981 submitted with this appeal; (2) approval of insufficient area of each of the two parcels, 27,546 and 28,475 square feet; (3) approval of insufficient width of Parcel No. 2, to wit, 127.11 feet. Parcel No. 1 is improved with a two-story framed house and accessory garage. Parcel No. 2 is vacant. In considering this appeal, the Board determines that the variance request in relation to the code requirements is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that the grant of the variance would not produce a substantial detriment to adjoin- ing properties; that the difficulty cannot be obviated by a method, feasible to the appellant, other than a variance; that no adverse effects will be produced on available govern- mental facili~ties.of any increased population; that the relief requested ~ii~_l~be ~in harmony with and promote the general purposes of the ~zoning code; and in view-of the manner of which the ~'~diff~c~tff arose, the interests of justice will be served by altowing ~the variance~ On m~Q~b_y~r. Goehringer~ Seconded by Mr. Douglass, it · RESO~ED,~>~hat a variance be granted as applied for in Appeal No. 2843, application of Phebe M. Bridge Estate, SUB- JECT TO THE FOLLOWING CONDITIONS: 1. .That Lots 2 and 3 as labeled on survey mapped April 21, 1981 submitted with this appeal, be combined as one; ~2. (a) That such access road shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet. (b) That such access road shall be improVed in EITHER of the following two methods: (1) Surfaced.with a minimum depth of four inches of packed three-quarter inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (2) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of 4/10ths of a gallon of road oil per square yard. (c) No building permit or certificate of occupancy shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with. (d) Where the terrain of the land over which such access Action of the Zoning Board of Appeals Rendered August 6, 1981 Appeal No. 2843 - Phebe M. Bridge Estate road is traversed is such that drainage problems may occur, the applicant shall be required to have constructed such drainage facilities as may be recommended by the Town Engineer. (e) That the access road be approved by the Town Engineer, Town Building Inspector or Board of Appeals as to meeting the ~boverequirements. 3. That this'matter is subject to referral to the Suffolk County Planning Commission pursuant to Section 1323, et seq. of the SuffOlk~unt31~arter. 4. That this~matter is subject to apProval of the Southold Town PlanningB~r~, iLocatium~o~'~r~/~erty: Right-of-way off the south side of Maini~oa~,~%%%~x~d~ liN; ~arcellTD00-61-4-2 and 9. ~ote of~e'~oard: Ayes: ringer, Sawicki and Grigonis. MeSsrs. Doyen, Douglass, Goeh- APPROVED - ~hai~man Board of ~peais,~ ' RECEIVED AND FILED BY ~" Town Clerk To~n LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of'Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construc~ dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklaw~ Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marioh, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassals;. east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or.width of five proposed parcels known as Shorecrest Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known'as south side of Bayberrry Lane, Greenport~ NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and HarveY; east by Richmond Creek; County~Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; C~unty Tax Map Item No. 1000-141-3-26. P'age 2 - Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed parcel 92, approval of access of proposed parcel 93 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Colonial Corners, Inc.,.Main Road, Southold (William B. Smith, 220'Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map #806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of AD~al~. ~wn U~ll _ M~n Rd_. ~u~h~ld. NY ~1971 . as soon as possible. i' FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ....... ~o.:../.!.!~.~..~~ /% ~ Location of Pro-ertl, ~l~ ~t! ' .........'! ~(.~ ...... House No. ' ................ Hamlet County Tax Map No. 1000 Section ..... ~./. ...... Block Lot Subdivision ......... ~7.. ...... Filed Map No ....... ~ ....... Lot No...; .--.. · ........... / is returned herewith and disapproved on the following grounds · · · · .~.~- · · · · · .~. · · .i~. · · -~ · '~' · · '~ ~ '"~ .............. '~I ......... ~" ~'~ :~/ ........ ~' '" ............ .... .... Building Inspector RV 1/80 %",'~-~- COUNTY OF SUFFOLK'If DEPARTMENT OF PLANNING- Town, of Southold Board of Appeals (516) 360-5513 Board Town ol Southold LI:'£ E. KOPPELMAN DIRECTOR OF PLANNING October 9, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk COunty Charter, the following applications which have been 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 Mu-{cipal File N,mher Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden ScOtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate ~/ Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown CGN:3k VETERANS MEMORIAL HIGHWAY Very truly yours, Lee E. Koppelman Director of Planning 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 .2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Gerald G. Newman Chief Planner HAUPPAUGE, L. I.. NE;W YORK ' 11788 0 0 Southold Town Board of Appeals IVlAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 766-1809 .P~ursua~t:~o?~u~ ~,ticle X'III ~of ~the Suffolk County Charter, the Board of ,,~pp,ea~s,.of .the Town :'of So,%%thold, New York, hereby refers the following ~ -o~Wne ~Suffolk Co~unt3 ~Plannin~g Co~ission: ~,~ ~aEiance'~E~om:.:~he ~oning ~o~e.,'~An~tiCle III , Section 100-31 '%~m~an~e,~-~om~etermmn~t~n ~of,~.South~I~ .To~ ~p~ec;~al~,Xc:~t~on, ~=t~ule , 'Section Special ~'Be'~ Appeal No.: 28~5 Applicant: Phebe M. Bridge Estate Location of Affected Land: s/s Main Rd, Southold, NY County Tax Map Item No.: 1000-61-4-2 and9 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) ~ State or County Road, Parkway, Highway, Thruway State Road 25 __'Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting n ' L, , approval of i~Buff~0ient ~e~ of propo, sed Pmrcel ~1~ approval of insufficient area and width of proposed p~rcel ~2~ approval of access of 5 proposed parcels. P~blic hearin~..he!d ?/9/81. At a mee~.n~ on a./6./81, appliaR%~ wag gr~n%~d a~ CoUi~ 'of Town file and related documents enclosed herewith for your review. Decision included. *variance to the Zoning Ordinance su~0ect~o conditiqns, p~ _ Dated: October 2, 1981 ~Q~-a~-- )~.~ ~ ~ Secretary, Board of Appeals ~ S°uth°ld Town Board o£Appeals MAIN RI]AD STATE RI3AD 25 SI3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRLGONIS, 3R., 'GHAIRM¢~ SERGE DOYEN, JR. ROBERT J. DOUGLAS~ GERARD 'P. GOEHRIITEER JOSEPH H. SAWII~KI Mr. Robert W~. Gi~lispie III P.O. Box 1112 Southold, NY 11971 October 1, 1981 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently made and filed with the Office of the Town Clerk concerning your appeal.' In the event your appeal was approved, please be sure to return to the Building Department before commencing with any construction for their written approval. If you have any questions concerning your matter, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN By Enclosure Secretary Today' s Dat~-: THURSDAY, ~xlembers Absept~ if any: Appeal No. 2'8 4 3 Agenda Item/~latter of: PHEBE M. BRIDGE ESTATE, By ROBERT W, GILLISPIE, III T}~e of Variance or Appeal: Approval of insufficient area of p=oposed parcel #1~ approval of insuf~-i-6-1en~area '& wiufih---6-f pfo-~-~ parcel 92, approval of access of proposed Resolution made by: Seconded by: pa.~ce~ #3 o~f 3 pro~Dqsed parcels @ S/s Main Rd Southol( ~nar~es aerae ~ooert ~ Gerard ' ' urlgonls Doy%n Doug/~ss ~aW1CK1 , . uoen~er Joseph. ( ) ( ) ( ) (~ Suhj~t tO County P nm~ referral -- (~ 'Subject to Planning Board approval ( ) Sublect to D.E.C. regulations ( ) Other: Action: Approve as applied for Deny as applied for Den}' Deny without prejudice Withdrawn without Prejudice Findings of the Board are as follows: Other: ( ) ( ) ( ) (.) ( ) ( ) ( ) ( ) Not ~v'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code If so, Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Granting the Relief Requested is within spirit of the zoning code Relief is not sub :tantial Burden of hardsi~ip or 'difficulty Shown ( ) ( ) ) Vote of the Board: Ayes: ( ) CG ( ) SD ( ) RD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) and is unique Variance will not change character of the neighborhood Interests of 3ustice served by granting ( )GG ( )JS () () () () () () RESOLVED, that rights-of-ways, private roads or other means of access to one or more parcels of land or buildings be approved subject to the following requirements: Such access road shall-have a width of not less than 15 feet. Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. Such access road shall be improved in EITHER of the'foilowil~g methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b). Shall have topsoil removed to a depth of eight inches and 'th~n filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter inch stone blend, or in the alternative, oiled with a minimum of fou~-tenths of a gallon of road oil per square yard. or Certificate.of Occupancy No building permit/shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant shall be required to construct such drainage facil- ities as may be recommended by the Town Engineer. That the access road be approved by the Town' Town Building Inspector or Board of Appea±s 5ngineeG/a$ to meeting the above requirements. LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: - llIJi~~. -TOU-aI-IOr Permis- sion tol:onStruct deck addition to dwei[ing at 865 Love Lane,. Mattitt~k, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; County Tax Map Item No. 1000-141-3-26. .._~:05 n.m. Annlication of phehe M. Bridqe Estate, '-~obert W. Gilli.~n;,- 111 p C1~ x 1112 Soutl~old, NY ~s a~ntl for a Variance to ~etion 280A Subsection 3 of ~ Tn~vn Law imd Variance~td the Zonin Ordinance, Art~ 11I, of three #3 t, Dubo- vick, Hal~erman, Town of .SouthoId, B s and State south b~ Bridffe; egit ~y C~mmin~Sg S~R and Method- ~8:20 p.m. Application of Colonial Corners, Inc., Ma~ Road, Southold (William B. Smith, 220 Mechanic Street, Southold,' NY as agent) for a Variance t0 the ~ning Ordin- ance, AR. VII, Sec. 100-71 for approval of insufficient area and yard Setback of two proposed parcels at south'side of Main Road, Southold (east parcel to Dubovick), NY; bounded no~h by State Road 25; westby Dubovick; south ~ east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, NoRh Road, Southold, NY for a Variance to the Zoning Ordinance, A~. III, Sec. 1~-30 A ~ C, 1~-32 for permission to construe' acces- sory shed wRh insu~cient side & rear yard setbacks at prope~y located on the noRh side of C.R. 48, Southold; bounded no~h by Lieblein; west by Doroski; south by C.R. 48; east by Mo~is, Aliano and Latham; County Tax Map Item No. 1~-59-9-28.~ 8:40 p.m. Application of Mark ~ Frances C. Squires, .88B Vanston Road, Cutch- ague, NY for a Valance to the ~ning Ordinance, AR. III, Sec. 1~-35 for pe~ssion to e~end existing fence (6 feet high) into ~ontyard area at 2495 Vanston Road, Cutch- ague, NY; Nassau Point Subd. Filed Map ~806, Lot 357; County Tax Map Item No. 1~-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 3~ East 56th Street, Apt. M., New York, NY 1~22 (by Gary ~anner Olsen, Esq.) for a · Variance to the ~ning Ord~- once, AR. III, Sec. 1~-31 for approval of insu~cient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded noRh by Wells Road; west by Gmben; south by Richmond Creek; east by Krueger. Coun- ty Tax Map Rem No. 1~- 86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOU~OED TOWN ~ ~ :' ::' BOARD OF ~PPEALS CHARLES GRIGONIS, JR., Chairman 1T, 7/2/81 (10) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Potricio Wood, being duly sworn, soys 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 .... ~. ............................. day ~.~ .................... , 19.....~".) / \.,'M Sworn to before me this ...... ...~. ..................... day of ....... ............. , CLEMENT J, THOMPSON NOTARY PUBLIC, State 0f New ¥0r~ ~o. 52-9321725 ~esiding in Suff0l~ ~unty Commission Expire~ ~arch ~, 19~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 com- mencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Or- dinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map No. 5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c-o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, ARt. III, Sec. 100- 31 for permission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c-o Municipal Building, Teterborn, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of. insufficient area and-or width ' of five proposed parcels known as Shorecrest Subd, Filed Map No. 5584, Lots 10, (~ontinu~d ~n next page) 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituek, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituek, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; County Tax Map Item No. 1000-141-3-26. ,m. Annlio~,~. M. Brid.~e Estaie (Robert W- (;" ..... .~D~x 1112. Sn,,th;~M' ~ agent) for a V:~rinnoO section 280A Subsection 3 ~ae q ~Wn I .aw ann variant,0 t___~ IlL, ~e. 100~ ~( ient area anq ~.~.9p~ ~,zd p~reel Nh, 2 ~el No. a of three pr~ COUNTY OF SUFFOLK, l STATE OF NEW YORK, ~ ss: ..... ~o~.. G.Ll~g¥~.o.r~ ............... being duly Sworn, says that . h~ .... is Printer and Publisher of the SUFFOLK ~,,i~2~ls at south side of Main ~off SOUth sid~ nf Mfiin Rd .of Southold. R.rns and ~e ~ao 25: w~gt hv 8:20 p.m. Application of Colonial Corners, Inc., Main Road, Southold (William B. Smith, 220 Mech~ic St~et, Southold, NY as agent) for a Variance to t~ Zoning Or- amance, Art. VII, SEc. 1~71 for approval of ins~ficient area and yard set back of two pro~ed p~cets at south side of Main R~d, ~ut~ld (east ~rcel to Du~vick), NY; bounded nor~ by State R~d 25; w~t by Durock; s~th & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct ac- cessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, ~B Vanston Road, Cut- chogue, NY for a Variance to the Zoning Ordinance,Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road. Cut- chogue, NY: Nassau Point Subd. Filed Map No. 806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, APt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Or- di'nance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 2S, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS. JR. CHAIRMAN Addendum to Legal No :ace 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis ' Inland Homes (for Amelia Vaskelis) Mr. Thomas.Crowley Mr. Peter Stoutenburgh (for Mr. Thomas Crowley) Mr. Frank A. Battel Mr. Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr. James R. Giambalvo Mr. James Cooper Mr. Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as.atty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr. Herbert J. Brown Mr. Henr~ BisChoff Mr. Thomas F. Mallon Mr. Valentine Ruch, IV Mr. Albert Schilke Ms. Dorothea Shipp Mr. & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 BEiUTHE3LD, L.I., N.Y. 11973 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN ~ERGE DOYEN, JR. T." ~,~,;' TUTH:LL ROBERT J. DOUGLASS GERARD P. GOEHR~NGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 28~3 Application of:Phebe M. Bridge Estate Location of Property in Question: south side of Main Road, Southold, NY Codnty Tax Map Item No. 1000- 61-4-2 & 9 -;:.-' ~ Project Proposed by Appeal Application: to subdivide property into two lots, and approval of access. 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 propert~ in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: -June 15, 1981 BY 0RD~ OF THE SOUTHOLD TOWN BOARD 0FAPPEALS O ~ Copies to: Town Clerk Bulletin Board ~ ~ G lZO(~i Applicant ZBA file P! HENRY E. RAYNOR, Jr., Chairman JAME8 WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH~E LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 June 25, 1981 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the $outhold Town Planning Board at a regular meeting held on June 22, 1981. APPROVAL of Phebe Bridge Estate appeal. The board feels that #3 should be incorporated to #1 so that it will conform with the zoning coverage. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.. CHAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 t Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board~of Appeals June 19, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your deteminations concerning the matters listed below are requested. If it is the Board's determination that any of these.matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Colonial Corners appeal Location of. Property Main Rd. (East parcel to Dubovick), Southold Phebe Bridge Estate appeal Frank A. Battel appeal R-O-W off south side of Main Rd., Southold (west of boundary to Burns Real Estate) Bayberry Lahe, Southold, sUbd. Shorecrest Filed Map 5584, Lots 10,11,12,13,14 Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Eileen M. Carey, T~porary Secretary .K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 11, 1981 To' Southold Town Zoning Boardof Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2843 application of Phebe M. Bridge Estate 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. ' ......... JTT/bn Enclosures INSTRUCTIONS: Bridge Estate DATE June 10, ]981. _ SHORT ENVIRONMENTAL ASSESSMENT FO~." (a) Ii'~ order to answer the questions in this short EAF it is' assumed that the preparer ~',ill use currently available information concerning the project and the likely impbcts of the action. 'It is not expected that additional studies, research or other investigations ~lill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. .. '. ., (dj Ehvironmenial Assessment .. ~. ~'/il'i project resu'l't'"in o large physical change to the project'site or physically alter more '¥esX No 'land? than 10 acres of ........................ · 2. Will there'be a major change to any unique or · unusual land form found on the site? .......... Yes X 3. Will project alter or have a large'effect'on . existing body of water? ................. ' ...... . ..... 4.. Will project have a potentially large impact , on groundwater quality? ....................... _ :Yes: No._ 5. Will project significantly effect.drainage flo~ adj t ires? ' Ye X Nq ,! on acen s .., ..... ,.,.,,,,,,,,,,,.. 6. ~'/ill project affect any threatened or endangered plant or animal species? ............ ,Yes.. X_ _N° . 7. Will project result in o major adverse effebt ; Yes X No' ' on air quality? .............. · ............... 8. %';ill project hove o major effect on visual character of the community or scenic views or. vistas known to*be important to the community?~ 'Yes.×',Ro ?. ~'till project adversely impact any site or . .. structure of historic, prehistoric or . paleontological importance or any site ' designated as a critical environmental by local agency? .... ' .... Yes X No 10. Will project have ~ major effect on existing or future recreational opportunities? .......... ,,,.,Yes-X- _No "11. %~ill project result in.major troff~c problems o~ cause a major effect to ex-i'sting · transportation systems? ....................... ~::_Yes 12. %~ill project .regularly cause objectionable odors, noise, glare, vibration, or electrical. ' disturbance as a result of the project's tlon? ' Yes X No opera ............................. .-.-.o-.... 13. %~ill'project have any impact on public health '" or.safety? .................................... ____Yes, x ,N° 14. Will p~oject affect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period or have o major negative effect on tile charo%~:er of the community or neighborhood? .................................: ~ Yes: XNo 15. ls there public controversy concerning' the projec t?~'~ ..... ..... ~'~ ...................... ___Yes ----X No PREPARER'S SIGNATURE~ REPRESENTING Phebe M. June 10~ 1981 (Today' s Date) To: Re: Southold Town Board of Appeals Main Road $outhold, NY 11971 Appeal Application of Location of Property: Phebe M. B~'id~e Estate Southold, New York 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 atl least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ x] 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, P,l~be M. Bridll,e Estate (Signature ~eas~) TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ o~/'~) · ~ne 10, 1981 DATE .............................. TOTHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...~...b. eb.~..~.....]~.i~.~.e..~..~ta, te .............. of ............................................................................ Name of Appella,nt Street and Number Southold New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( } Phebe M. I~ridge Estate Name of Applicant for permit of SouthoId .................................................................................................. ............ Street and Number Municipality State PERMIT TO USE , ( ) PERMIT FOR OCCUPANCY (X) Permit to subdivide and approval of access. I. LOCATION OF THE PROPERTY .S..(D....~in.3.Q~.gt.,.$.an.~hnld ........ D.;.~ .................................... Street Use District on Zoning Mop ;..b. .................................... Map 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.) Town Law Section 280-A Article III Sec. 100-31 bulk schedule 3. TYPE OF APPEAL Appeal is made herewith for - - (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws . Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (~fs) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. 'Such appeal was ( ) request for c special permit ( ) request for a variance and was made in Appeal No. ~ ~ - ..Dated ...................................................... . (X) (X) ( ) REASON FOR APPEAL 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 1. STRICT APPLICATION OF THE ORDINANCE 'would produce practical difficulties or unneces- sary HARDSHIP because the property shown on the attached survey is presently held. in a Trust created for Phebe M. Bridge and her sons, George Bridge in 1928. It is nowproposed to dissolve this Trust ancl to distr: assets. George Bridge resides adjacent to Lot #2 as shown on the survey and wishes to purchase said lot from the Trust as a buffer to his homesite. To assure access to his home he also wishes to acquire the,access road shown as Lot #3. Unnecessary hardship would be caused if the property could notbe subdivided even though several surrounding properties are 'considerably less than 30, 000 square feet in area or 150 feet in width. 2. 'The hardship created is UNIQUE and is not shared by all properties alike in the immediate vionity of thi's property and ir, this use district because other neighboring properties 'in this use district were created prior to ~.oning. T,ots #1 and #2 substantially meet the area code requirement, as T,ot #t contains 9~.% of the required areaancl Lot #2 contain-s 95% of the required area. In addition, Lot #1 meets the width / requirement and Lot #2 is 85% of the required width. 3 The Vanance would observe the sPirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because other properties in this use district are substantially smaller than 30,000 square feet, viz Burns - 14, 000 sq. ft., Town Parking Lot - 16,000 sq. ft.,, Dubovick - 7800 sq. ft., KrUpski - 9,000 sq. ft., Hagerman- 7800 sq. ft., Cummings- 17, 700~ sq. ft., and Scott - 13,000 sq. ft. Ownership of Lot #2 as a vacant parcel by Mr. and Mrs. George Bridge would preserve the character of the district. THE COUNTY OF ,,~'6-~'FOg~ ....................... ~Inature Sworn to this ....................................... day of ...... ,..~.~ ............. ....,......,....... :19 ~/ MARGERY D. BURN~ NOTARY PUBLIC, S~*~! of ~ 'f~,~li No. 52-0508300, 6~t~OIk ~oJ~ _,~ *' - Cernmlsslen Exp~ree Mat'e?r 3~ ~lll.~.~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Estate of Phebe M. Bridge to the Board of Appeals of the Town of Southold TO: Town of Southold Southold, New York 11971 NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: Town Law #280-A and Article 3, Section 100-31 bulk schedule ). 2. That the property which is the subject of the Petition is I?ate{adja, cent to your property and is des- cribed as follows: south side of Main Road, Southold, l~ew YorK. 3. lhat the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: permit to subdivide and approval/access. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Town T,~w ~280-A ~nd Artiolo .~. ,qoofion 10C)-~l hulk ,qehoclulo 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 Traveler-Mattituck Watchman, newspapers published in the Town of Southoid 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: ' June 10, 1981 Phebe M. Bridge Estate Post Office Address P.O. Box 11i2, Southold, N.Y. PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , residing at , being duly sWorn, deposes and says that on the m r day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side'hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception)_(_Special Permit) (the following relief: ~-~.~,'~ ~ o 2. That the pr.op~rt~v whic~.h, is the subje.~:~bof the ~tition.i~locate~l adjacent to y~erty and is des- cribed as follows: ~_r_~,/~_~ (~/L~4~///1 ~-~c~c~ '~( ]~ 4. That b s~uch Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought 19Y 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. 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 t° appear and be heard at such hearing' ~ ~~~ ~ Petitioner NAME PROOF OF MAILING OF NOTICF ADDRESS U.S. POSTAL SERVICE '] CERTIFICATE OF MAILING / Affix "ec~v~ F .... '~ ~ pOSt~ Postr PS FORM MAY 1976 3817 U.S. GOVERNPIENT PRINTING OFFICE: 1979-752-52/4 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: _ d'~°~~ ~-?~~.-"TJ~.~' , being duly sworn~ de~°ses and says-t~hat on the ~ day ot ~' ~-~ l ,19 ~, deponent mailed a true copy of the NOtice set forth 'on the re- verse side ~i~o~i 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~sessment roll of the ~v~of~_ uthold; that said Notices were mailed at the United States Post Of- rice at ~_____~:/_~:.~,~..~'/~ /~(~/,- ;that said Notice~a~ere mailed to each of said persons by (certifiedT(re~istered) mail. ~ Sw°rn t° bef~°re me this ~'/~---~(~ day of ~_._~ ,-19 Notary Public ~ ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York ~o. 52-8125850, Suffolk Count,,,_,_._. 1'erin Expires March 30, .% /,-'NAUIgO~ZED ALTE~AllDN OR AI)DITIOh I'O TH~ ~RV~ IS A V~TI~ M S~TI~ 7~ OF THE ~ YO~ STATi E~AT~ ~W. C~ES ~ THIS SURVEY M~ ~T ~A~IN~ ~l LANp S~VEYoR'$ IF~;;D ~AL O~ ~SSED SEAL ~ ~t ~ C~ TO ~ A VALID T~ ~,