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HomeMy WebLinkAbout2902 TOIVN OF SOUTHOLD, NEW YOF. K 12/17/81 DATE .............. ACTION OF 'I.%IE ZONING BOA}~,[) OF APPEALS A~)peal No. 2902 by application Dated September 30, 1981 Filed October 5, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. James V. Appellant 58 Winter Street at a meeting of the Zoning Board of Appeals on November the appeal was considered and the action indicated below was taken on your XX) Bequest tot variance due to lack of access to properly New York Town Law, Section 280-a ~ ) Request tot a special exception under the Zoning Orainance XXI Request for a variance lo ~he Zoning Ordinance Article III, Section 100-32 Righter as agent for Majorie S. Dunaway 5, 1981 gral:ted ( ) be denied pursuant to Article ............... Sectio~ ............. Subsection ......... paragraph ......... of the Zouing Ordinance and the decision of the Building Inspeetm- ( ) be few:tied ( ) b~ XX~X~t~ Public Hearing held 11/5/81: Application of ~arjorie 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 280-a; (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.I. Sound; east by Williamson; south by Private Road; west by Bagley. County Tax Map Parcel 1000-3-1-3. (SEE REVERSE SIDE) %ARIANCE. By resolution oi ~he Board it ',vas determined that Strict application of the Ordinance (would) (would not) produce praclieal difficukies (SEE REVERSE SIDE) hardship creaied (is) (is not} unique and (would) (would not) be shared by al! properties (SEE REVERSE SIDE) The variance ,tcloei) (does ncr) observe thc ;~pi~it of the Ordinance and (xvould) ,:hange the ehara:ter of the district because (SEE REVERSE SIDE) CG: tk ~'ORM aBt ZONING BO,\ED OF APPEALS The Board made the following'findings and determination: By this appeal, applicant seeks approval of access pursuant to New York Town Law, Section 280-a, Subsection 3 over a 40-foot private road, and permission to construct swimmingpool in sideyard area, and permission to construct ten-foot high tennis-court fence in the rearyard area. The premises in question contains an area of 3.03 acres, more or less, and existing thereon are a one-family private dwelling and separate cottage. The topography of the land lends itself to practical difficulties in locating accessory structures on this parcel. The existing dwelling is set back approximately 100 feet from the road and applicant proposes to locate the swimmingpool in line with the front of the dwelling. The parcel is heavily wooded and contains high bluffs, leaving minimal rearyard area available. The Board dogmatizes these areas proposed for the new structures are the most feasible. 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 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. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested in the application of Mar~orie S. Dunaway, Appeal No. 2902, for approval of access, be granted as applied. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Private Road; west by Bagley. County Tax Map Parcel 1000-3-1-3. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED ... hairman Board RECEIVED AND FILED BY TOWN CLERK HOUR Town C~rk, Town c~ Seul~old 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, 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 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. F~ -- 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-foot 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 Noti Board of Appeals Regular 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 100-32B 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. Baidwin, 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. DeBorger, 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. ~Page 3 - Legal NOce r~ Board of Appeals Regular Meeting of Novembe , 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 100-118D 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 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, Section 100-71 and Bulk Schedule for permission to construct addition to existing building 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 No~e 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 (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 ................................ .............. ~ ........ ~ .......... for pe~it to construct ..... ~'.~ ~ ~.~. (~ ..... ~.~ .......................... at ~cation of Property ~;~ ~o; ....................... County Tax Map No. 1000 Section Subdi~on ................. Filed Map No ................. ~t No .................. is retu~ed he,with and disapproved on the fo~ow~g ~o~ds~. ~T .... '~.~ .0~. { ~ ~.~... ~ ~,~ ~ ,~ ~ /°v-.~Z. .... ~.~..~ ..... ...................... Building Inspector RV 1180 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name aT Appellon~ Street and Number .............."....~.....~......~... ................................................................ ~..~..: .........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 ..... .................... ............................................. ..................................... Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTYpO.~.t~.~..~}.~t~..I.~.~,B.~..~.~..~...~r Street Use District on Zoning Map MOp ~o. lOt ~0. 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.) Ar_i' o-o. 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 not) been made 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 't'J~l, Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- soryHARDSH~Pbeco,, TI~ ~ ~,ld be. ?~-~t~J ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~:~'J¢~, J~t"~.~_~ '~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ F~/'S I~' pEl~,~ ~' ~ STATE OF NEW YORK COUNTY OF ) ...... ~'~' ............................ · '' tory Pub 'c ........................ HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI. ~r. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold. N.Y. 11971 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- ing inspectors, regarding maps dated October 1981. (Fishers Island) Lot #3 Chocomount Lot #16-12 Lot #15-11 entitled "East Portion" Lot #25-5 From information received by the board regarding these proposed sites, the names of DeBois, Nelsont Rutherford, and Bogart should correspond to these applications. The board reviewed the access to each lot and noted them as'being rough graded and suitable for emergency equipment. In agreement were FIDCO directors, Peter Sanger, Mr. Dupont, Mr. Stoepher, Richard 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 1981. 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 ~ns~ect the access to the property of Rose DeMaio~ lot #136~ on the map entitled "Cedar Beach Park", and report his findings before the November 9th meeting. pg. (2) Also discussed was a recommendation for an e'stablishment of a part- time Building Inspector on Fishers'Island ~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: "NIembers Absent, if any: Appeat No. Agenda Item/bIatter of: THURSDAY, NOVEMBER 5, 1981 Type of Variance or Appeal: Resolution made by: Seconded by: Action: (~ve ( ( ( ( GCrharles lgonls ( ) ( ) as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) Withdrawn without Prejudice ) ~%rae ~Robeft' ~ Gerard Joseph. yen ]3ou~,i~ ~oenrlngtr ~awlcK~ (') (U ( )/ .' ( ) 7 ) (ay ( ) ( bQ ~pprove with the following cond. itio~s: (~) Subiect to County Plannine referral ) Subject to Planning Board approval ) Subiect to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Othe: ( ) Not %v'ithin the Character of the Neighborhood ) ( ) Variance is Substantial in Relation to Code Not .in. _ha:~..9.ny .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: ( /CG (~ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Notes: ( ) ( ) Other; for Special Exceptions () () () () () () () () () Granting the Relief Requested is wi%hi,, spirit of the zoning code Relief is not substantial Burden of hardship or difficulty show~ Circumstances are unique Variance will not change character the neighborhood Interests of Justice served by grantin COUNTY OF SUFFOLK STATE OF NEW YORK LEGAL NOTICE Patriots Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... .~ ................... weeks successively, commencing on the ....... ..~.....c~.. ..................... day ~ ....... ~ ................... , 19..~.~.. ,(~ 7:2S p~; Applicetlon' of ,Merjorie S. Dunaway, by James V. RiRhter, ,M~ Winter Street, Boston, Ma 02108. for a Variance for: 1) approval of Section 280A; and 2) for per- mission to construct pool in Sworn to before me this ......... ~ ................. day of side},ard area; and 3) for Tooermissio. to construct ten- ~ ............... , 19...~.~, t high tennis court fence. ' .......... ,~ation of Propert]/: Privat~ Road, Fishers Island, N.Y.; "~shers Island Map Block ~,.~ ~ ................ Notary '~~ ....... Lot 9; bounded north by Soundi east by Willinm~nn~ j -south by Private Road: wnsli Be,IcY: County Tax MiD[ Parce, 1 Item Nod. 1000-3.1-3. 7:30 p.m. Application of Robert A. and Rettyann Her- reros, 3000 Delmar Drive, Laurel, N.Y. for a Varianco to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficiont frontyard setback. Location of · Property: 3000 Delmar Drive, Laurel, N.Y:; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel hem No. 1000-125-4.13. 7:3S p'm Application of Wllham A. Ruseh, SOSS0 Main Road. Southold. N.Y. for a Variunee to the Zoning Ordin- ance, Article III, Section 100- 32B for permission to eon. struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Southold, N.Y.; bounded north NOTICE IS HEREBY GlV: EN, pursuant to Section 267 the Town Law and the Pro- visions of the Amended Code of the Town of Southold, Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at ~he 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. Application of Isabel DuBois by Gads Con- tracting, Drawer B. Fishers Island, N.Y. 06390, for-ap- proval of access, New York./ Town Law Section Location of Property: Privat~ Road, Fishers Island, N.Y.; 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 T~tx Map Parcel by Main Road, east by Raker, Item Ho. 1000-4.5. part of south by Christian Science, parcel 5. Society and Southold Schoo 7:20 p.m. -Application of District; west by Christian Robert. W. Nelson, 17 Corn- Science .~ciety. County Tax ;iimerce Street, Chatham, N,J. i.~ Map parcel hem ~::07920,.for approval of access-~ ;!2-13. ~ .~*. CLEMENT J, THOMPSON NOTARY PURLIC, State of New York Il0. 52-9321725 Residing in S~olk County _c, _ Commission Expires March 30. 19.4~'~- APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Southold Town Board of Appeals MAIN Rr'IAD- STATE RI:3AD 25 51~UTHrlLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 October 23, 1981 Mr. David DeRidder Associate Environmental Analyst Building 40 Stony Brook, NY 11794 Dear Mr. DeRidder: The Board of Appeals has scheduled the following two matters for public hearings to be held on Thursday, Novem- ber 5, 1981 at the Southold Town Hall. The Board has requested that you be notified of the proposed new projects and that your comments be forwarded as early as possible, inasmuch as these matters may be within your jurisdiction. Appeal No. and Name 2901 - Marjorie Dunaway 2912 - Frank Curran Project and Location Swimming?ool in sideyard area and approval of access. Private Road, Fishers Island. (Subject premises does not appear to be bulkheaded and fronts F.I. Sound) Accessory building as proposed five feet from existing bulkhead. 780 Fishermen's Beach Road, Haywaters Cove, Cutchogue. Thank you for your CG:lk Enclosures assistance. Yours' very truly, (By Linda Kowalski, Secretary) Legal Notices LEGAL NOTICE NOTICE IS HEREB¥ 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 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 Mus- ser and Pri~ate 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- merce 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.L Water Works; east by Private Road; south and west by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. ~ 7:25 p.m. Application o~t~ 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 ~ection 280A; and (2) for permission to construct pool in sideyard area; and (3) for )ermission to construct ten- 'oot high tennis court fence. 5oration of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Privat~ Road: west by ~l~ey; County Tax Map Pafl~lltem No. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann tler- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of 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 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 agent, 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 froatyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY; more particular- ly 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 109-31 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. _5200; County Tax Man Parcel Rem No. 1000-113-4~ Section 8:05 p.m. Appll~tion of BulkS¢ Thomas J. OeBorger, by Ru- insuffi¢ dolph H. Bruer, Esq., Main cci in Road, Seuthold, NY for a sion, I: Variance to the Zoning Ordin- Pequas ance, Article III. Section 100- Lots N~ 31 and Bulk Schedule for per- Map P mission to constroct new dwel- and lC ling with insufficient front and known side yard setbacks and ex- quash eeeding the maximum per- NY. mitred 20% lot coverage. Lo- 8:45 cation of Property: North side Demos duly Sworn, of North Road, Soathold, NY; J, Crof![ bounded north by L.I. Sound; the zo:the SUFFOLK west by Bloom; south by C.R. III, SE 48; east by McMann; County Sched~ n ' Tax Map Parcel Item No. constr.e port, in said 1000-44-2-15. an in~ . 8:20 p.m. Application of Circle~! IS a printed William and Margaret Kiltian, Avenu 5100 Private Road off Mill bound, Weekl~ Times Road, Mattituck, NY 11952 for Avenc a Variance to the Zoning and D ....... weeks Ordinance, Article III, Section east b 100-32 and Article XI, Sectio~ Map f .............. 100-118D for permission to 3-11. construct accessory building 8:50 in an area other than the Willia required rearyard. Location Rockl .............. of Property: 5100 Private Grove Road off Mill Road, Matti- ham, tuck; bounded north by the ; Holmes; west, south and east Articl .~ by Mattituck Holding Co.; and )? County Tax Map Parcel Item Pr°va~' '~' ' '~' ' '~'~' .... No. 1000-106-6-5. width 0:30 p.m. Application of and (: .............. Allan C. Dickerson, Box 54, 31 an, Main Road, Mattitock, NY for missi a Variance to the Zoning dwell Ordinance, Article VII, Sec- front~ tion 100-71 and Bulk Schedule Prop~rk for permission to construct of W; addition to existing building aire'~ with an insufficient sideyard Estat setback in a B-1 General Busi- Lots ness District. Location of Pro- Map perty: Northwest corner of and ~ Main Road and Wickham Ave- 9:£ nue, Mattituck; bounded north Rom by Case; west by Winiarz Es- Held tare and North Fork Liquor chog Corp.; south by State Route the k 25; east by Wickham Avenue; Law County Tax Map Parcel Item miss No. 1000-140-3-34. dwe: 8:40 p.m. Application of with Dorothy C. Fleet, 5 Carmel ll-fc Ridge Estates: Trumbull, CT abox 06611, for a Variance to the tion Zoning Ordinance, Article III, Ced. Legal vT~ot!ce' O£. Hearmnos' ~ for Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. John Gada General Contracting, agent for Isabel DuBois Mr. Robert W. Me!son Ms. MarJorie S. Dunaway Mr. Jaymes V. Righter, agent for Marjorie S. Dunaway Mr. & Mrs. Robert A. Herreros M~. & Mrs. William Rusch William S. Midgley, Jr., as agant for Mr. Wilbur A. Baldwin M~. Wilbur A. Baldwin Philip J. 0frias, Jr., Esq. as attorney for Richard & Joan Z~isler ~dolph H. Bruer, Esq. as attorney for Thomas J. Ds Borger ~.~. & ~irs. William Killian Mr. Allan C. Dickerson Abigail A. >fickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. Wickham as attorney for ?~. & Helen Robison~ Glenn F. Meidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances M. Frisbie Appeal files ~A members Town Board members Super~zisor Pell Copy to ouffolx Times, Monday, October 26, 1981 with instructions Copy to L.I. Traveler-?fatcbman, Tuesday, October 27, 1981 with inst~.ctions JUDITH T. TERRY TOWN CLERK REGISTRAR O1: VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 October 5, 1981 To: Southold Town Zoning Board of Appeals JTT/bn From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. ?,~90~application of James V. Righter Architects for Marjorie S. Dunaway for a variance, Also included is noti- fication to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department and survey of the property. Judith T. Terry Town Clerk ..... SHO?,T ENVIRONk{ENTAL ASSESSIXENT FORI4 /_____~I~STRUCTIONS: ' Ill order to answer the ques¢ions in this short EAF it is assumed tho{ the preparer ?Jill use. currently available information concerning the project and the likely impacts of the action. It i's not expected that additional studies, research or other investigations ?;ill be undertaken. (b) If any question has been answered Yes the project mo7 be signlficont and a completed Environmental Assessment Form is necessary. (c) If all questions have been ons%.lered No it is likely th~% this project is not significoat. .. ' '.. (d) Ehgironmen~al Assessment ' '' .. 1. Will project result in o large physical change to the project site or physically alter mare than 10 acres o~~ land? ........................ Yes.~'~N° 2. ¥1ill there'be o major change to any unique or -unusual land form found on the site? .......... Yes~,'N~ 3. %~ill project alter or hove o lorge'effecton existing body o~ water? ....................... Y~s%,'N~, 4. Will project have a potentially large impact . · on ground%~oter quality? ....................... 5.' ¥~ill project slgnificontly effect dro%noge flo~! on adjacent sites? ' Yes w/Nq 6. %~ill project offec~ any threatened or endangered plant or animal species? ........... Yes w~No 7. ¥1ill project result in o major adverse · Yes ~,/Ho air quality? ' · 8. ¥1ill project have o major effect on visual character of the community or scenic views or. vlstos kno%¥n to:be important to the community?. 'Yes. e/No ~. ¥~ill project adversely impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental area by local agency? .......... ' ...... Yes w/No 10. %~ill project hove a major effec~ on exlstibg or future recreational opportunities?. ......... Yes. F/Ho 11. %~ill project result in.major traffic problems o~ cause o major effec~ to ex-~s%ing transportation systems? ....................... __YesW/N° 12. Will project :regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as o result o£ the project's operation? : Yes w"No 13. %~ill project have any impact on public health' or safety? .................................... Yes/Ho. 14. %?ill p~oject affect the existing community by directly causing o growth in permanent · population of more than 5 percegt over a one year per~od or have o major negative on the character of the community or neighborhood? ................................. Yes/No. 15 Is lhere public controversy concerning the ' project? ....................................... Yes ~,,No DATE ~0 ~.p Z .B.A. (Today~ Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: ! Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iN the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at'least 100 feet in length.* May b'e 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet 'in' length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. - [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pra~:ticol difficulties or unneces- soryHARDSHIPbecaus~ T~.~ ~ ~-14,1/,~ I:~ p~t~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because O"~Y ~ ~"~.~ 'IA, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF // ) ~ (~J/~ Sig re of ............... 19 ~/ Notary Public SHERLE A. LOCONTE ~TAl~' PLJt3 LIC ~ Oommleslon E~plr~ ~ ~r 1907 rOWN OF $OUTHOLD, NL~V YORI~" APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name o'f Appellor~t . Street and Number .............. .~..~..~ ................................................................ ~..~..: .........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 MArl0rie. S. Name of Applicant for perm,t o, ..... ....... .......................... Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOC^T ON OF THE Street Use District on Zoning Map i. 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.) 3. TYPE OF APPEAL Appeol is mode herewith for (V/J A VARIANCE to the Zoning Ordinonce or Zoning Map (v,~ A VARIANCE due to lock of occess (Store of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 250A Subsection 3 4. PREVIOUS APPEAL A previous appeal (5::) (has not) been 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 o 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 (Continue on other side) -.~ . BOARD OF'~M~PEALS. TOWN OF SOUTHOLD In theMatter of the Petition of to the Board of Appeals of the Town of Southold : F.I. L)'h'li+y Fi'sh r.c IJq' oG3 o YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. T~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (the following relief: 2. That the_property which is.the subiect of the Petition is.located adjacent to your property and is des- cribedasfotlows: I~l~)e..k ~' ~l~ Ft~¢r.~ I$[a,u~., ~y ~b~' That the property wh!ch is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ,I I $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Att ~ toD'~2: 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 to appear and be heard at such hearing. Dated: ~) ~3~' &l NAME PROOF OF MAILING OF NOTICE ADDRESS U.S. PO~TAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND fNTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER PS FORM MAY 1976 3817 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , residing at , being duly sworn, deposes and says that on the 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. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. Tha~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~/ariance)~Special Exception) (Special Permit) (the following relief: ). 2. That the~)roperty which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:~g;~[$e~. 2~" L~'{'~' ~'S~'.~ [~La,~.el ,l~y 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: I ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Ax*~' ~ LffD · '~,: ~r~'~ LD"O,~ ~ "['l~r~ L~l~b~7 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. ?. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: '~0 .~t ~[ Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS U.E. PO~TAL EERVICE CERTIFICATE OF MAILING Ce.-x TYt 35. D'Z! MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM MAY 1976 3817 ~ U,S. GOVERNHENT PRINTING OFFICE: ~979-752-52q STATE OF NEW YORK COUNTY OF SUFFOLK SS,: , residing at , being duly sworn, deposes and says that on the __ 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. ~' - Notary PuC~blic~/ ~i~ ERIE A, NOTARy PUBLIC BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the lown of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE I. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject~of the Petition is located a~djacent to your property and is des- ?,.That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: b~.c'rl~: ~' "~ b~ ~ ¢~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Ad 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~O ~t ~1 Petitioner -~ ~lre~. $, B~ Post Office Addr~s NAME. PROOF OF MAILING OF NOTICE ADDRESS CERTIFICATE OF MAILING MAY EE~USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM MAY 1976 ~817 ~ U.S. GOVERNMENT PRINTING OFFICE: 1979-752-52& STATE OF NEW YORK ) COUNTY OF SUFFOLK ) , residing at , being duly sworn, deposes and says that on the __ 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 resp,ective 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 Sou, thold; 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 toJajef_~s ~'~ day of /'~ ~19~//~. ~, ~ Notary Public -/ .~, ~i-'IERIE A. LOCONTE NOTARY PUBLIC Tt'C't E, 24~. 2.1 59A(c) 2 L8 A(c) $,6 2.5,% 1.4. A 3 2.6A 3 :5.0 A 3,.5 17.9 A(c) 2.0 A 4 1.6A(c) 5,4 2.5A 5,2 3.9 A 4 5 2.0A 6 8.9 A(c)