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HomeMy WebLinkAbout2908DuBois, Isabel #-2908 4 5 11/5/81 part of ~5 granted approval of access Off Private Road ~7, FI Tow~ OF SOU~HOLD, ~W YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2908 by application Dated October 9, 1981 ACTION OF TtTE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gada Contracting for Isabel DuBois, Drawer B Fishers Island, NY 06390 DATE 12./.12./.8.1 Appellant at a meeting of the Zoning Board of Appeals on November 5, 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 ) Request for a variance to the Zoning Ordinance ) 1981 the appeal ~a~ed ( ) ~ denied pursuant to Art~le .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building Iurpector ( ) be reversed ( ) cgn~n~X~e Public Hearing held 11/5/81: Application of Isabel DuBois by Gada Contracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Parcel 1000-4-5-part of 5. (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 hardship because (SEE REVERSE SIDE) difficulties or unnecessary (b) The hardship created (is) (is not) urdque 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 vartanee( that the eviousRECEiVEDdecisions of the~ANDBUildinz_Iasnac, tor]f~L.~ L) ~? b~ THE SOUTHOLD TOWN QLERK CG 1] ZO ) be granted ( confirmed ( ) be reversed. ~ING BOARD OF APPEALS ) be denied and By this appeal, applicant seeks approval of access pursuant to Section 280-a, New York Town Law, over a private road approxi- mately 50 feet wide and extending northerly off East End Road (also known as Oriental Avenue), at Fishers Island. Applicant proposes to construct a new dwelling and without approval of access cannot obtain a building permit for same. It is the opinion of this board that the provide road is suitable and adequate for ac- cessibility for fire, police and other emergency vehicles as well as private vehicles. The road has a stone base to a width of approximately 14 feet. It is also the consensus of the Planning Board at a special meeting held on October 30, 1981 that they agree the access is rough-graded and suitable for emergency vehicles. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, that Isabel DuBois be granted approval of access pursuant to New York Town Law, Section 280-a, as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: That the subject access road be macadamized to a minimum width of 15 feet up to applicant's property (approximately 1,185 feet in length). That prior to the issuance of a Certificate of Occupancy for new construction on this property, applicant furnish the board of appeals a letter indicating that the subject right-of-way has been improved as indicated above. Location of Property: Off Private Road No. 7, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Parcel 1000-4-5-part of parcel 5. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED Chairmaa 8oard~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Contracting, wer B, Fishers Island, NY 06390, for approval of access, New _ k Town Law Section 280-A. Location of Property. Private Road, _ Fishers Island, NY; Chocomount Lot 3,.bounded north by Musser and Private Road; east by F.I. Water Works, south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten-2oot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Williamson; south by Private Road; west by Bagley; Map Parcel Item No. 1000-3-1-3. Sound; east by County Tax 7:30 p.m. Application of Robert A. and Bettyann Herreros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback. Location of Page 2 - Legal Notice Board of Appeals ~egular Meeting. of November 5, 1981 Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32~ for permission to construct raised deck on pool with an insufficient sideyard setback at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold SchoOl District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No. 1000-113-4-9. 8:05 p.m. Application of Thomas J. DeBor~er, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. Board of Appeals ~egular Meeting of No em e 1981 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100Jll8D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item Nol 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing buildihg with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pequash Acres Subdivision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for Page 4 - Legal Notice Board of Appeals Regular Meeting of November 5, 1981 Variances to the Zoning Ordinance: (1) Article III, Sections 100-30A and Bulk Schedule for approval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwell- ing with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Saltaire Way, Mattituck; Salt Aire Estates Filed Map NO. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt- mann, Cox Lane, Cutchogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for permission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Location of Property: South side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. Page 5 - Legal Notice (Instructions) Board of Appeals Regular Meeting of November 5, 1981 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, Thursday, October 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before November 2, 1981. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .... ~.~..~..~.....~../..~<~..~z~ ~,~. ~s9 o fo~ pe~it to cons~ct ............................................................ Location of ~o~ ~&~ ~; ....................... ~ .......................~/e~ Coun~ Tax Map No. 1000 S~ct~on ...... ~ ....... Block ...... ~ .... Lo~~ ....... ~. ·, Subdi~sion ................. F~ed Map No ................. ~t No ............. · .... .v ~mo ,~ - F/boo ~TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Name of Appellant Street and Number ......... . .~,..~......~...~......~,..'.~ ......................................................... ~.at~; .......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (m/ //-)Nome/~pplicant for perr~it .......... ..................................... r ........................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....................................................... .'.~....~-...:...~.:....~.'...,~. ................... C..~...C. Street Use District on Zoning Mop .......................... .................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragra~h/ej~..of the~, ~Zonin,0, ] ~'~'Ordinance~o~O by,~ number;_ ~,~/.i,~c,~l.o,~.iDa not quote ~the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (I,-~ 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 (has (~h~,,~not_9~een mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (/-~ A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that 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 ~_~/ ' .. . , ~ 2. The hardship created is UNIQUE and is not shared by all properties ali, k~/~ the immedio~ vicinity of this property and in this use district~_ because, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY OF -~--01~ ss Si§~'~;';:' ............. Sworn to this .............................................. day of ....... MARY B. PANKIEWICZ NOTARY PUBLIC, STATE OF NEW YORB NO. 52.8267950 - SUFFOLK COUNTY portion ": 17-5 17-6 17-1 ~F Lot I 16-4 / 16-~ 18 -IA 15 -9 k FISHERS ISLAND WATER 16-5 \ i6-'lO 16-9 16-2 / 16-8 15- 4 / 15- 14 15-3 $outhold MAIN ROAD-STATE ROAD 2S Town Board of Appeals E~rlUTHDLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI December 17, 1981 Gada Contracting Drawer B Fishers Island, NY 06390 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered 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 for approval of any new construction or certificate of occupancy or use of the premises, as may be applicable in your case. If you have any questions, 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 lk Enclosure Secretary COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M,P.H, November 10, 1981 Mr. Charles Grigonis, Jr., Chairman Tom of Sou~hold Board of Appeals M~ Road Southold, New York 11971 ...... Re: Appeal No. 2908,~Isabel DuBois'~ppeal No. 2900, Robe~ W. Dear Mr. G~onis: Nelson We are in receipt of you~ letter, dated October 23, 1981, concerning the above. The property owned by the Fishers Island Water Works cont~ a stooge tank. The property itself is not ~ed as a so,ce of water. Th~efore, it is not felt that the issuance of the proposed variances ~ have an effect on the water supply. Should you have any f~rther questions, please feel free to contact me. Very truly you~, Royal R. Reynolds, P.E. Public He~h Engineer General Enginee~g Servic~ RRR:cah ( ( ( ( ( (~)/Original for ZBA £il0 ) Agenda Item for / ~A Chairm~n/~ember~ ) Eui!ding DsDt ) Planning ~card ) Applicant or his Agent ) Oep7 to HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. William Fo Mullen, Jr. TELEPHONE 765- 1938 A special meeting was held by the Southold Town Planning Board Friday, October 30, 1981 at Fishers Island. Present were: Chairman Henry E. RAynor, Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. Member James Wall It was the decision of the board that the Building Inspector release the following lots for consideration of building permits, by the build~ lng inspectors, regarding maps dated October 1981. (Fishers Island) Lot #3 Chocomount Lot #16-12 Lot #15-11 entitled "East Portion" Lot #25-5 irom information received by the board regarding these proposed sites, he names of DeBois, Nelson~ Rutherford, and Bogart should correspond o these applications. The board reviewed the access to each lot and oted them as'being rough graded and suitable fo--~--~rgency equipment. n agreement were FIDCO directors, Peter Sanger, Mr. Dupont, Mr. Stoepher, ichard Baker and various citizens from Fishers Island. The maps forwarded to the Planning Board office are to be revised to reflect the corrections and additions on maps dated October 1981o They Will be forthcoming from Chandler, Palmer, and King. Covenants and restrictions are to be forthcoming from FIDCO with regard to properties designated on these maps as undetermined properties of FIDCO. The covenants will restrict any dwelling units on these areas and will run in perpetuity with the property. A resolution is expected by the FIDCO board to this effect the first week of December. It was the concensus of the Planning Board to have Jack Davis inspect the access to the property of Rose DeMaiot lot #136t on the map entitled "Cedar Beach Park", and report his findings before the November 9th meeting. pg. (2) 10/30/81 Also discussed was a recommendation for an e~tablishment of a part- time Building Inspector on Fishers Island b~cause presently all .. buildings, other than those on the one macadam road on the east end, · must apply to the ZBA for a 280-A. It would be suggested that the Building Department spend several days on Fishers Island to incorpor- ate into their base maps, which are being worked on through this de- partment, those roadways found suitable so that building permits could be applied for directly. Susan E. Long, Secretary Southold Town Planning Board HER/sel Henry E. Raynor, Jr., Chairman .Today' s Date: Members Absent, if any: Appeal No. Agenda Item/blat[er of: THURSDAY, NOVEMBER 5, 1981 Type of Variance or AppeJl: AC'CSoo ~-~.-~0'f.~;L ~o~ Fzoners island GCharles ngoms Resolution made by: ( ) Seconded by: ( ) Action: ( ( ( ( ( ) Approve as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) 'w'ithdrawn without Prejudice ~%r~e ~Rob~rt' ~ Gerard ~Ioseph y~<~ug ~ as s t~oenrmglr DawlcKi ( ~pprove with the following conditions: ( ) Subject to County Plannir{~ referral ( ) Subject to Planning Board approval ( ) Findings of the Board are as follows: Other: Not %qithin the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code Not .in ha!~gny .with purposes of the Code Hardship not suflicient Circumstances are. Not Unique ~ Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: ( (4SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) ( ( ( ( ( sp~rxt of the zoning code Relief is not substantial Burden of hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by grantin~ Othe~ for Special Exceptions ( ( ( () () () NOTICE IS HEREBY ENdpursuant to Section 267 of'. 'the Town Law and the Pro- visions of the Amended Code of the Town of Sonthold, 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, N.Y. on Thursday, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Annlieation of Isabel DuBois b~/ Gada Con- tractinu. Drawer B. Fishers Island. N.Y. 06390, for-ap- proval of access, New York/ Town Law Section 280-~A. ,~:-:~..,~Y~': , Sound; east~., bF Williamson;~ ~ ~byy; Private Road; west by ~, · County Tax MaP; Location of Property: Private Road~ Fishers Island! N.Y.i Chocomount Lot 3i bounded.., north by Musser and Private.. Road; east by F.1. Water WoFksi south and west by Fishers Island Developmeq~ , Co.i Count~, Tax Map Parcel Item No. 1000-4-5- part of- i~arcel'5. 7:20 p.m..Application of Robert W. Nelson, 17 Com- merce Street, Chatham, N.J. 07920. for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, N.Y.; Fishers Island Map Block 16, Lot 12; bounded/ north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4- 5-5.7. ' 7:25 p.m. Applicatlon~ Of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street. Boston. Ma 02108. for a Variance for; 1) approval of access, New York Town Law Section 280A; and 2) for per- mission to construct pool in sideyard area; and 3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, N.Y.; Fishers Island Map Block 25,/ Parcel Item Nod. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for pennis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 3000 Delmar Drive, Laurel, N.Y:; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Iteut No. 1000-125-4-1~. 7:35 p.'m. Application of ~William A. Rusch, 50550 Main Road. Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southold, N.Y.; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by Wil- liam S. Midgley, Jr. as agent, /2NOO Skunk Lane, Cutchogue, .Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to construct garage in thc frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, N.Y.; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax' Map Parcel Item No. 1000.104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead. N.Y. 11901 for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for approval of walkways around the perlr J meter of applicants' house ~'~ with reduced frontyar~ and sideyard setbacks at 700 Jack- son Landing, Mattituck, N.Y.; Jackson Landing Subdivision Lot. No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No. 1000-I13-4-9. 8:05 p.m. Application of Thomas J. DeBorger, by Ru- dolph H. Bruer, Esq., Main Road, Southold,, N.Y/ for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Schedule for permission to construct new' dwelling with insufficient front and. side yard setbacks and' exceeding the maximum per- mitted 20% lot coverage. Location of Property: North e"side of North Road, Soethold, N.Y.; hounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15, 8:20 p.m. Application of William and Margaret Killian, S100 Private Road off Mill Cl.~ J. THoMpsoN NOTARY PUBLIC, State of New York No. 52-9321725 Residing in Suffolk County ag ~ornmi~sion Expires March 30, 19.{.~~ Variance to the Zoning Or- dinance, Article IlL Section 100-32 for permission to con- struct accessory structure in the 'sideyard area at 780 Fishermen's Beach Road, Cut- chogue; Pcconic Bay Proper- ties, Inc. Filed Subdivision Map No. 286, LOts 26 and part ~f 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:15 p.m. Application of Frank Curran, by Peter'R. Stoutenburgh, 3075 Indinn - Neck Lane, Peconie, N.Y. fora Variance to the Flood Damage Prevention Law. Chapter 46:8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% '~of the market value of existing structure, with base fleer below the 8-foot rrinimum ele- vation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutcbogue, N.Y.; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel Rem No. 1000-111.1.16. 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, o 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 ....... ..~.....c~,. ..................... day/~...~.....~ ..................... 19..~.~.. ~-,, Sworn to before me this ......... ~ .......... day of ........... ......... , ................ Notary ~~ ....... CLEMENT j. THOMPSON NOTARY PUBLI~ ~'t~te of New 'fork r~o. 52-932! 725 · ,_ ~e~din~ in Suffolk Couofy e ~mmlsslon Expires March 30, 19.~ APPEALS BOARD MEMBERS CHARLES GRtGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals h4AIN ROAD- STATE RDAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 October 23, 1981 Mr. Royal R. Reynolds Public Health Engineer Suffolk County Health Department County Center Riverhead, NY 11901 Re: Appeal No. 2908 - Isabel DuBois & No. 2900 - Robert W. Nelson Location of Properties: Private Road, Fishers Island Projec~ Proposed: Approval of Access Road prior to Receiving Building Permit to Construct New Dwellings Dear Mr. Reynolds: On November 5, 1981 a public hearing will be held concerning the above application for approval of access in order to applicant may obtain a building permit to construct a new dwelling. The Board has requested that you.be advised of the within application for the proposed new project. There appears to be the Fishers Island Water Works adjoining the subject premises for which the Board feels you may have concern. Please relay your comments at your earliest convenience. Thank you for your assistance. Yours very truly, CG:lk Enclosures CH~ARLE~S,~J~. CHAIRMAN (By Linda Kowalski, Secretary) Legal Notices LEGAL NOTICE NOTICE IS HEREBY' GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public bearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Road, Southold, NY n Thursday, November 5, 1981 commenc- ing at 7:15 o'clock p.m. as follows: ~'.7:15 p.m. Application of~ Isabel DuBois by Gada Con- tracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of ~Property: Private Road, Fish- ers Island, NY; Chocomount Lot 3; bounded north by Mas-, I set and Private Road; east by ' F.I. Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. ,~ ~. 7:20 p.m. Application of Robert W. Nelson, 17 Com- metre Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Develop- meat Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (l/ approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.L Sound; east by Williamson; south by Privato Road: west County Tax Map Parcel Item No. 1090-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann lter- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 30~) Delmar Drive, Laurel, NY; Laurel Country Estates Map No 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agenl, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY more particular- y known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of walkways around the perime- ter of applicants' house with reduced frontyard and side- yard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. ?280; County Tax MaD Parcel Item No. 1000-11: 8:05 p.m. Application of Thomas J. DeBorger, by Ru- dolph H, Bruer, Esq., Main Road, Soathold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Schedule for per- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- ceeding the maximum per- mitted 20% lot coverage. Lo- cation of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Sectio0 100-1lSD for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Matti- tuck; bounded north by Holmes; wesl, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion i0~-71 and Bulk Schedule for permission lo construct addition lo existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Mattituck; bounded north by Case; west by Winiarz Es- tate and North Fork Liquor Corp.; south by State Route 25; east by Wickham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates Trumbull, CT 06611, for a Variance to the Zoning Ordinance, Article III, Section., Bulk Scl insuffic cci in a sion, p~ Pequas] Lots No Map Pa and 10( known quash NY. 8:45 ~g duly Sworn. J' Cron,the SUFFOLK the Zon lI~l~S.e.~enport, in said an ins~I is ct printed Circle I... Avenue Weeg~y Times bounde, Avenue ....... weeks and Da east by .............. Map Pt 3-11. 8:50 1 Williarr .............. Rockle~ ham, l~ the Zc Article'¢~ and B~..~. ........... proval. width o .............. and (2) 31 and missim dwellin frontya Proper of Wa~) aire W{ Estate~ LOtS i~ Map P and 15. 9:00 Ronald Heidtn choguc the FIc Law, .' missio dwelli~ with 1 l 1-foot above tion of Cedar Legal ~,;otice of T{earings for Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. John Gada'Generat Contracting, agent for Isabel DuBois Mr. Robert W. l~elson Ms. Marjorie S. D~zaaway Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway Mr. & Mrs. Robert A. Herreros M~. & Mrs. %filliam Rusch William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin M~. Wilbur A. Ball, in Philip J. 0frias, Jr., Esq. as a-~to.rney for Richard & Joan Zbisler Rudolph H. Bruer, Esq. as attorney for Thomas J. De Borger M~. & Mrs. William Kil!ian Mr. Allan C. Dickerson Abigail A. Wickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney ~For Demos Menakis Abigail A. Wickh~] as attorney for l?m. & Helen Robison' Glenn F. Heidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances N. Frisbie Appeal files ZBA members To~...,n Board members Super~zisor Pell Copy to Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-!?atchman, Tuesday, October 27, 1981 with instructions JUDITH T. TERRY TOWN CLERK REGISTRAR Oi VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 October 9, 1981 Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 2908 application of A. John Gada Contracting a/c~ for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice o£ Disapproval from the Building Department; and survey of the property. ' ' A. JOHN ~ADA General Contracting, ln~. T~L~PHONE (516) 788-7231 Drawer I::ishers Island, N. Y. 06390 From the desk of Tom Doherty IOH.S_: ' ~ In order to onswer the questions in this short EAF i% is assumed that the preparer ~',ill usc' currently available infor~:~otion concerning the project rind thc likely impacts of the action. It is not expected that additional studies, research or olher investigations will be underfaken. (b) If any questlan has been answered Yes the project may be significant and o completed Environmenlol Assessment Form is necessary. (c) If all questions have bean onswered No it is iikely ~hof ibis is not ~ignificont. -.. project) Environmental 1. ~'i~f projecl resuk~-'-in o lorue pbysicol chortle to ihe project silo or physically alter more Yes. t, a. or ................... 2.%'7ill there bc s major change to or, y uniqu -u~usuol lomd fo~m found on the site? ......... 3. %'/ill project alter or have o large of foci on ' Yes~ existino body of water? ......... on oroundwatcr quolily? ....................... Yes. ~ No_ 5. %'~ill project significantly elf cot drainage flo~., on adjacent sites? .............. i ....... .. . Yes. ~ NQ ' 6. %','ill project tiff oct amy threatened or ........ No emdanoerc~ plant or animal species? 7. %'1ill project result in o major ' oavcr~c .' on air quality? ........................ Yes ~o i " ' 8. ~'/ill prnject have a major f ct o vi ua character of the coramu~ily or scenic views or vistas known to'be imporlonl ~o thc commul~ity?. Yes 9. %'7ill project adversely im[)oc[ any silo or .. 5iruclure of historic, prehistoric or poleonlo].ogicol imporlonce or ajay site dcsigr, eLcd 05 a clilical environmenlol area by o local agency? ............ -.~...v~..~'....:"~..~'. 10. %'7ill project hove o major off act on existing or future recreational opporfur, ilies? ......... __Yes~ 11. %'/ili project rcsuli in .major lro[f[c problems or. caur. e o major cf feel to existing tronsporio[]on systems? ....................... Yes. ~ No 12. %'7ilt projecl .regularly cause objectionable odors, noi~e, glare, vibrolion, or clcc[ricol dimiurbancc os a resu!t aC thc project's ~ . [' ? · Y N opera' zen ....... .............................. es o 13. %'~ill projcc~ },ave on)' ~n~poc% on public health '' ' ty9 Yes ~ No 14. %'1ill pPoject offccl lbo exlsiing community by' directly causing o growth in permanent population at more than 5 pefco[ii over o year period or hove o major ncgalive elf cci on the chorocicr of the communily or neighborhood? ...................... [ .......... . ,,Yes.~ .No ]5. ~s lhcre public ~n[roversy cor, cernl,lg the ' p -o3 ct?/ ..... .......................... To: Sout!',old Town Board of Appeals Main Road Southo !d, NY 11971 Re: ApPeal. Application of Locatioj~ of Prope~r~y: 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 La~, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; ho%.;ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of 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 fee't 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.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] S inc ere , ~/ (Signature pl~-a.%e) BOARD OF APPEALS, TOWN OF SOUTHOLD : /~/_~n the Matter of theJ Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~pecial Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: '- C.o. 3. T~at the~_ope, rt/~. which is the sub.,iect of such Petition is located in the following zoning district: That by such Petitioan, the undersigned will request the following relief: signed areS' ThatArticlethe provisions/f<:~of the SouthOldseotionTOWn Z~;~i~c~Co/c~e applicable to the relief sought by the und~r- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held On the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post ~.c~.Address ~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK COUNTY OFSUFFOLK) ~')O~$ F. ~ ~er~'/~, h , residing at ~¢¢s ~/~ ~ ~, ~ ~o¢~ , being duly sworn, depots Jnd says that on the ~ day of ~%o~¢ 19 ~t , deponent mailed a true copy of the Notice ~t forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addres~s set opposite the names of said persons are the addr~ses of said persons as shown on the current ass~sm~nt roll of the Town of Southold: that said Notices were m~d at the United States Post Of- (cenifi~) (~) mail. Sworn to before me this ~y of ~TO¢~ ,19 ~o.ry Public .o. - TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~~)~') DATE .../..04/~.../. .......... TO THE ,NG Bp RD OW. ". 1, (We) ................................................................................................................................... ~ Name of Appellon~ Street and Number ..~...~.~ ..................................................................... ~x ~ ~o Monicipoli~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DE~IED TO % · ~.:... .~ ......... ~ ..q.~.~ ..................... C/ //,,)Nome ~pplicant for perTit,,, '"'-) / ,,,~/" ~ of Z..o........u.%..~.~..~....~.~.¢.~.::.c-.. ........ ..-g.¢~a~ ~.....~..,,...~.~:-'.a. ~!~.-..k,..~,.V..,_ ....... Street and Number Municipality State ~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~-,~", 4~. C. O, Street Use District on Zoning Map ............................ .................... 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.) 3. 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 (has~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeot was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (1~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION O~: THE ORDINANCE would pr,oduce practical difficulties or unneces- sary HARDSHIP because -// j._ ~ - ~ ._~Z _ . ~ ~ ~, ~' -- ~ ,~..~ ~z~ ~/~ ~ ~ '~ '-' , ' :C , ' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF SS Sworn to this .............................................. day MARY B. PANKIEWICZ NOTARY PUBLIC:, STATE OF NEW YOR~ NO. 52-8267950 ,- SUFFOLK COUNTY COMMISSION EX,,RES MARCH ~, ,1. I LSA(c) 2,6A 4,,2 1.8 A(c) 5.2 2.5A 5.4 2.2A 5.5 45.7A{¢ } 3.5A ~.. 140.+ 226 · + 81'+ 0.+ SEE . SEC. NO. I30 "' $ 8 9 2.2A I0 1.7A(c) FISHER WATER WORK~ 6 1.7A(c) r5 1.3A[c) 16 3:0A 6 ' 18 L7A(c) 3 84A 4 2O4, ?.OA 5.7A BLOCK Legend / _/_.--rj ' /. / ,:'-'~ I ' ~"~'~= ~ ~ l...- ~ '. ~l / , ~ , / : '. ............... ~-{-.--~.z., Ill ~ ~ ,,,"~,,.~ ~ . ~+-~, o J ~ x ~ ~ ~ ,~ ~ '~. ~ ~ ~ '""~ / ) ~ ,,' ,..:. , - ~, "-. -.. ', : P ~ 'fl... ,, ~ ~ ..~ I / , , ~ : : :_._: ~ ~ "iN N ~ ~1 . . .................. :'-~- ............................. , I ................................ e