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HomeMy WebLinkAbout2915~2915 Geselle, Beatrice A. 104 11/24/81 16 , 17 gr~anted approval ~of insuff, frontage No=th side of Lilac Lane, Cutchouge TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2915 by application Dated October 26, ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~N OF SOUTHOLD To Abigail A. Wickham, Esq. Box 1424 Mattituck, NY 11952 1981 12/16/81 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on November 24, 1981 · was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appeal 100-31 1. SPlil~ile-,ll~~:~~av~X~aVsXl~l~l~hva~XaX~'~i~iX:~x'Ve~ption ( ) be ~a~ed ( ) be de.ed pursuant ~ ~tic~ .................... SeXton .................... Subsection .................... paragraph .................... of the Zoning Ordinance and ~e decision of the Building Inspector ( ) be reversed ( ) be ~q~k.v~ePublic Hearing held 11/24/81: Application of Beatrice A. Gesel~e, Lilac Lane, Cutchogue, NY (by Wickham, Wickham and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A, 100-31 and Bulk Schedule for approval of insufficient frontage and area of two proposed parcels located at Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the .... i^,,~ a..i~{~.~ of the B. ildin~ Inspector ( be confirmed ( ) be reversed. AND FILED BY FORM ) be denied and The Board made the following findings and determination: By this appeal, applicant seeks approval of insufficient road frontage, 135.26 feet and 110.0 feet along "Lilac Lane" and insuffi- cient area, 24,004 and 26,146 square feet respectively for two parcels at Cutchogue, and part of Nassau Farms Subdivision Filed Map #1179. Existing on the westerly parcel (County Tax Map District 1000, Section 104, Block 1, Lot 17) is a one-family private dwelling with 17'2" garage addition at the easterly side, leaving a setback from the center dividing line of approximately 12 feet. In past communica- tions with the County Health Department, they have indicated that parcels with less than 40,000 square feet which have received prior subdivision approval would be treated as separate parcels by their agency. These parcels are shown as separate parcels on the County Tax Map, are assessed separately in the Tax Receiver's Office, and do conform with the neighborhood as to character, size and shape. 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. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the relief requested in Appeal No. 2915, application of Beatrice A. Geselle be granted as applied. Location of Property: North side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part of Subdivision Lot 105; County Tax Map Parcels 1000-104-1-16 and 17. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer and Sawicki. (Mr. Grigonis was absent.) APPROVED AC~ g-- C hairman pro BOa~d~ TemOt Appe?~/ 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 Town Hall, Main Road, Southold, NY on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A_~. Gese~l~e, Lilac Lane, ~ Cutchogue, NY (by Wickham, Wickham and Bressler, P.C. as attorneys)/ / for a Variance to the Zoning Ordinance, Article III, Sections 100-30A, 100-31 and Bulk Schedule for approval of insufficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part'of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. J 7:25 p.m. Application of Robert V. Rider~ Jr., 1520 Minne- haha Boulevard, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 and Article XI, Section 100- l18E for permission to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, Southold, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minnehaha Blvd. and Town of Southold; County Tax Map Parcel Item No. 1000-87-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right-of-way off Main Road, Cutchogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard'area at 1300 Bay Haven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88-4-17. 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-11SE, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue ~Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7. 8~25 p.m. Application of Frank E. Brophy, 75 Second Street, New Su~olk,~ NY/or a Variance to the Zoning Ordinance, Article / ~ ~i~ nn~Ot~-~l~ ~d~e~n~f~e~Sif~n~Oa~n~ct yard set/(~at 75 Second Street, New Suffolk, NY; bounded north by Grat/wo!-/ % 1 ~ eno.; west by Martin,- south by Wetzel, Grathwohl / & ano./;j~ east b~Second\ Street; County Tax Map Parcel No. 1000- Y17-10-20.7. ~'.~~.m. Application of Ernest E. Wilsberq, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bounded north and south by Ole Jule Lane; east by E. Wilsberg & eno; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12(& 13). ~..~08/g~--p.m. Application of Edward R. Yanke, 31 Summit Drive, Smithtown, NY for a Variance to the Zoning Ordinance, Article Page 4 - Legal Notice of Hearing Z.B.A. Regular Meeting to be held November 24, 1981 III, Sections 100-31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. ~0 ~9~ p.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to Section 280A, Subsection 3 of New York Town Law, and Article XIV, Section 100-141(B), for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny & ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. Dated: November 13, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 19, 1981 and forward affidavit(s) of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before Monday, November 23, 1981. Copies have been forwarded on 11/16/81 to: Wickham, Wickham & Bressler, P.C. for Beatrice A. Geselle Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. for Frank and Nicholas Mandaro Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Mr. Edward R. Yanke. Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. Traveler-Watchman and Suffolk Times, Inc. 11/16/81. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ DATE ...3;..0.~/.~/..8.~ ............ Name of Appellon* Street and Number Municipality .~.e..~...y..o.~ ........... HEREBY APPEAL TO 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 ( ) ( ) (x) Beatrice A. Gesele Name of Applicant for permit of NO # Lilac Lane Cutchogue, New York 11935 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DIVIDE PROPERTY 1. LOCATION OF THE PROPERTY ..... .N..o.~h...S.!~,e....o.~..~.~.c....~..a.n.,e. ..................... '.'.~'.'. ..................... Street Use District on Zoning Mop 16 & 17 Iv~ap No. Lot No. SCTM#I 000-104-1 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III - Sec. 100-30-A and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~a~) (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 x) A Variance to the Zoning O~inance is requested for the reason that applicant wishes to divide the two lots as shown on the enclosed survey of John W. and Beatrice A. ) Gesele by Van Tuyl and Son. Each lot has insufficient frontage and area. T'orm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because since the death of her husband, John W. Gesele on April 24, 1978 applicant has had the properties on the market for sale, but has been unable to sell both to one purchaser. Appliaant now has a purchaser for the westerly lot on which the house is located and wishes to divide the lots so that this sale can be consummated. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because all the remaining lots on the North side of Lilac Lane are comparable to the two individual lots in that the frontage is about 100 feet on Lilac Lane and the depth over 200 feet. All of these other lots, with the exception of this vacant one, contain residences. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of the variance would merely make the easterly lot buildable and would conform to all the other lots on the North Side of Lilac Lane. These lots were separately purchased from different owners, and the Town of Southold has separately assessed them since purchase. Copies of the 1980/81 tax bills are attached. When the house on the westerly lot was built in 1967, a mortgage was given to Southold Savings Bank and is still On the property. If this mortgage had been foreclosed, a new purchaser would have taken it separately. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Beatric~i~n. at~e~ ,~ - f October Sworn to this ................. .~'~- ..................... aay o ........................................................ 19 / Natary Public 81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ·. ~.~./.~....~.a~. ................... ... ~..~..~o~. :. ~/.~... z/.F~ ~.. PLEASE TAKE NOTICE that ~:"~';'~ . ........... yourapI' ....... ndated . ~./O.~.. /.~ ., 19 for permit to c,,,,~:,uot..~;~.~./~;~....'~/Co/~F.~7~¢: .................................. at ~cation ofProperty h~.. ~Z~.Z~~ ...... County Tax Map No. 1000 Section .. [~.~ ...... Block . ~/ ......... ~t ~/~...~ 7"' Subdivision~5~. ~ Filed Map No .... [f~ ....... ~t No.~[~.../~... is returned he.with and disapproved on the follow~g ~rounds ~Z~. ~ ...... .... Build~g Inspector RV 1/80 ; ~: T~ESD~Yt' NOVEMBER · · r~ Absent~ ifany, h 24t 1981 T)~pe of Variance or Appeal: GCharles rlgonls Resolution made by: ( ) Seco n ded b~y~,// ( ) Action: (1,') Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) er e ~o~n ~Robert .. Gerard Joseph. ]3oug~ass ~oenrlng.~ bawlcKl ( ) (~// ( ) ( ) ( ) Approve with ~he fol! owing conditions: ( ) .Subject to County Planning referral ( ).,Sublect to Plannin9 Board approval ( ).Subiec[ to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other:, Not %¢ithin the Character of the Neighborhood ( ) Granting the Relief Requested is wkhin Variance is Substantial in Relation to Code spirit of the zoning code Not .in ~ha~n3..gny ~ith purposes of the Code ( ) Relief is not substantial Hardship not sufiicient ( ) Burden of hardship or difficulty s'hown Circumstances are. Not Unique : ( ) Circumstances are unique %4ill set a precedent in the neighborhood ( ) Variance will not change character of Area is already very congested the neighborhood Interests of justice served by denying Interests of Justice' served by granting Vote ( ) ( ) Othe]; for of the oard: Ayes: Nay: ( ) ( ) ( ) ( ) Abstain: J~ ( ) ( ) ( ) Absent: · .( ) ( ) ( ) SP ~e~za 1 Exceptions () () () COUNTY OF SUFFOLK STATE OF NEW YORK Patricio 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 ........ ..~..c~. ..................... day ~~ ......................... 19...~..~ ~..:~i..i ............ : ......... .~j....~.....,.........c~. ~, ~L Sworn to before me this ............ .~,.% ............. day of .......... ~~.., ........... , ~9.%..x. NOTICE I~E~ ,; ~d. 1~-122-5 12 (&13). ..~ · ER, pursuit to Se~lon 267 of 8:~ p.m. Apphcat~on of :~ ?,.~5¢ ;~::,~,.~- :,~ .'~, ~c~ ~. ,,~ , the To~ Law ~d the Pw~- ,, Edward R. Yanke, 31 SUmmit sions of thc Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town l'.) Hail, Ma'm Road, Southold, i N.Y. on Tuesday. November'" 24, 1981 commencing at 7:15 . o'clock p.m. and as follows.' i:. ~ ""7:15 p.m. Application of Drive, Smithtown, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section~ 100-31 and 100-34 for permis- sion to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wig- warn and Wampum Ways, Southold, N.Y.; Nunnokoma Waters Filed Subdivision, Beatrice A. Geselle, Lila~: Map 5126, Lot 1; County Tax Lane Cutchogue. N.Y. (by' Map Parcel No. 1000-87-2-359: Wickham, Wickham and Breg- , 8:50 p.m. Apphcat~0~ of sler, P.C. as attorneys) fora . Arthur M. Schwartz, M.D. by Variance to the Zoning Ordin-".lG: Richard J. Cron, Esq., Main artec, Article III, Sections Road_, C_utchogue, N.Y. for a 100-30A, 100-31 and Bulk' Variance to Section 280A, Schedule forapprovalofinsuf- ~7 Subsection 3 of New York ficient frontage and area of I Town Law, and Article XIV, two proposed parcgls located Section 100-141(B), for ap- at the north side of Lilac Lane, .~ prnvai of aqcess. Location of Cutchogue, N.Y.i Nassau Ii Property: Right-of-way off: Farms Subdivision Filed Map ~ Westphalia Road, Mattituck, 1179, Part of Subdivision Lot~ ~_N.Y.; bounded north by How- No. 105; County Tax Map> Parcels No. 1000-104-1-16 and 17. --7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minnehaha Boulevard, South- old. N.Y. for a Variance to the Zoning Ordinance, Article 111, Section 100-32 and Aticle XI, Section 100:l18E for' permis- sion to construct accessory'~- two-car garage structure in the frnntyard area at 1520 Min- nehaha Boulevard, Southold, N.Y.; bounded north by Wig- wam Way; west by Yanke, Morris, Bear, Smith; south by HOg Neck Bay; east by Min- nehaha Blvd. and Town of Southold; County Tax MaP Parcel Item No. 1000-87-2-40Yc 7:35 p.m. Application o$ Main Road, Cutchogue, N.Y, for a Variance for approval of ~coess along the westerly side right-of-way off Main Road, Cutchogue, N.Y., New York Town Law Section 280-a. Loca- tion of Property: Off Road, Cutchogue, N.Y.; Minor Subdivision of Tut's Acres, Subd. LOt NO. 3; County Tax Map Parcel Item No. 1000-108- 3:part of 008.. 7:50 p.m. Application of Vito and Ann Navarre, 6 Barnyard Lane, Levittowo, N.Y. 11756, for a Variance to the Zoning Ordinance, Articl~'[~ III, Section I00-31~ Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area at 1300 Bay Haven Lane, South- old, N.Y.; Bay Haven Sub- division Filed Map 2910, Lot 34; County Tax Map Parcel _, Item No.~ 1000-88-4_-_1~._ LF~AL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section ~67 ~ the Town Law and the Code nf the Town of Southold, a Re~qdar Meeting and the t~e held by tim Southold Town Beard of Appeals at Town ~{, Main Road, Seathold, na Tu~,~:lay, November ~1, 19B] commencing at 7!15 o'clock p.m. and as follows: ~ 7:15 p.m. Application of Beatrice A. Gecelle, Lilac Lane, Cutehngne, NY (by Wic. kham, Wickham and Brnssler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sec- tions 106.30A, 100-31 and Bulk Schednie for approval of insuf- ficient frontage and area of two propped parcels located at the north side of Li{ac Lane, Cutehogue, NY; Nassau Farms Subdivision Filed Map ]179, Part of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. ',-- 7:25 p.m. Apptication of Robert V. Rider, Jr., 1520 Mineehaba Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118E for permis- sion to construct accessory two-car garage structure in the fruntyard area at 1520 Minnchaha Boulevard, South- old, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minnc- haha Blvd. and Town of South- old; County Tax Map Parcel Item No. 1000-87-2-40. .7:35 p.m. Application of Constance Messlna, Box 730, Main Road, Cutchogue, NY for a Variance for appruva{ of access along the westerly side of premises located on a right- of-way off Main Read, Cut- chogue, NY, New York Town Law Section 286.a. Location of Property: Off Main Read, Cut- chogne, NY; Minor Subdivi- sion of Tut's Acres,'Subd. Lot No. 3; County Tax Map Parce{ Item No. 1000-108-3-pert of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barn- ~ yard Lane, Lovittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dweiting with insufficient rearyard area at 1300 Bay Haven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2010, Lot 34; County Tax Map Parcel Item No. 1000-88- 4-17. 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Ave* nne, Staten fsiand, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-30A(1), 100-118E, and 100-31 for permission to con- struct addition and alteration to two existing buildings, hav- ing been denied by the build- ing inspector for the following reasons: (1) two seasonal un- dersized dwelling un ts exist- ing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one !ot; (2) a nonconforming build- lng may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- ient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tesea Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path), County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Read, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Read, Cut- chogue, NY; bounded north- west and northeast by Cut- chogue Joint Venture; south- west by Crnss; south and southeast by Alec and Main Read; County Tax Map Parcel No. 1000-109-1-7. 8:25 p.m. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bound- ed north and south by Ole Jule Lane; east by E. Wilsberg & ano; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12 (& 13). 8:40 p.m. Application of Edward R. Yanke, 31 Summit Drive, Smithtown, NY for a Variance to the Zoning Ordin- ance, Article III, Sections 106. 31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wig- wam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot i; Count~ Tax Map Parcel No. 1000-87-2-35. 8:50 p.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Read, Cutchogue, NY for a Variance to Section 280A, section 3 of New York Town Law, and Article XIV, Section 100-141(B), for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bound- . .............. ed north by Howard's Branch; west by Berner; south by Penny & ano.; east by Munz; County Tax Map Parcel No. ~ ............ 1000-113-9-10.1. Dated: November 13, 1981. BY ORDER OF BOARD OF APPEALS 1TN19-3814 .... ag duly Sworn, the SUFFOLK ~enport, in said o~d is a printed Weekly Times ........ weeks HELEN ~ DE '~OE N0]ARY PUBLIC, State ol New York No 4707878. Suffolk County Term I~xp*res March 30, 19~J Southold Town Board of Appeals MAIN RDAD- STATE RrlAD 25 SrlUTHFILD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2915 Application of: Beatrice A. Geselle Location of Property in Question: N/s Lilac Lane, Cutchogue. Nassau Farms Subd. Map 1179, Subd. Lot 105. County Tax Map Item No. 1000- 104-1-16 & 17. Project Proposed by Appeal Application: Approval of insufficient frontage and area of two proposed parcels. 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 project 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 applica- tion. Dated: Nov. Copies to: 5, 1981. By Order of the Southold Town Board of Appeals Applicant/Agent Town Clerk Bulletin Board Appeal File HENRY E. RAYNOR. Jr., Chairman rnr,,- ...... 7 ~ C .,-~-.j· JAMES WALL BENNETT ORLOWSKI, .Ir. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. S~~I'Y Southold, N.Y, 11971 TELEPHONE 765-1938 Novembe~ 10, 1981 Mr. George Fisher Sr. Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, November 9, 1981 the following action was taken: Monday RESOLVED that the Southold Town Planning Board would process the subdivision of property entitled Beatrice A. Geselle, Appeal No. 2915, as a "set-off" 106-13. Yours very truly, HENRY E. RAYNOR, JR. CHAIRMAN By Susan E. Long, Secre~ar~ cc: Board of Appeals/ APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Southold Town Planning Board Southold Town Board of Appeals November 2, 1981 Proposed Division or Set-Off of Parcels Gentlemen: Referred to you herewith for your consideration and determination pursuant to Section 106-13, et seq~ of the Code and the established procedures is the following: Beatrice A. Gesel~e. Appeal No. 2915. Applicant wishes to divide premises into two parcels as existed in 1966 with insufficient area and insufficient width as shown on the attached. Both parcels are part of Lot 150 on the subdivision map of "Nassau Farms," filed Map No. 1179. Lilac Lane, East Cutchogue. 1000-104-1-16 & 17. Existing on 1000-104-1-17 is a one-family dwelling. Yours very truly, CHARLES GRIGONIS, CHAIRMAN CG:lk Enclosure JR. JUDITH T. TERRY TOWN CLERK REGISTRAR OI~ VITAL STATISTICS TELEPHONE (516) 765-/801 Southold, L. 1., N. Y. 11971 October 26, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning A_~j0D~j~,~application of 2antrie~ A .,Gesele..for a variance. Also included is notification to adjoining 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. JTT/bn Enclosures Town Clerk ItIST?.UCIIOHS_: ' } ~ (o) In order to ans,,tar the questions in this short EAF it is assumed that the preparer ~'/ill use currently available information concerning the project and the iii:ely impacts of the action. It is not expected ~hat additional siudie~ research or olher ~avestigations ¥~ill be undertaken. (b) If any question has been ons'.~ered Yes the project moM be significant and o completed Environmenial Assessment Form is necessary. answered No it is likely %ha~ this (c) If all questions have bean project is.nat $igni£icont. (d) Environmental Assc:;smant 3. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. ]5. ~s there publif/controversy concerning the project? ..... /.. .... ..... ................... P REPARER'S SIGNATURE/' -. ~ ~~~~~~ ~illi~ Wick~, ~q.~~ REPRESENTING Beatrice A. Gesele , ~DATE WiI-I project rasu'i~--in o large physical change to the project site or pnyszcoi].y oiler more thun 10 acres of lone!? ...................... Yes x No -unusual iand {o~m found on the sile? ......... Yes x No ¥/i~1 pro3ecl oiler or have o large effec~ on existing body of water? ...................... Yes x Will pro3ect have ~ potentially large impact on groundvroicr quality? Yes ¥;ill project significantly cf feet drainage ' - flow on adjacent sites? Yes x ¥,'ill project affect any threatened or endangered plant or animal species? ....... Yes x YJill project resu]~ in o major adverse cffeg'['- ' ' on air quality? Yes x No %'/ill prnject have o major off cci on visual character of the cor.~muni~y or scenic vlev~s or vis'los known ia-be J. mporioni lo the community?. Yes x ¥7ill project odver:~ely impact any site or .. . structure of historic, prehistoric or paleontological importance or cn~y site designated os o critical environmental area ¥7ill pro~ect have a major effect on existihg '' or future recreational opportunities? ......... Yes. x. ¥~ill projecl result in .major traffic problems oK cause o major effect ia existing tronsporiot]on syst ms? Yes x Will project regularly cause objectionable odor:, noise, glare, vibration, or electrical disturbance os a result of the project's opezolior~? ' Yes x No ~'/ill project },ave on), impact on public health or .so~ety? .................................... Yes x ¥~ill pPo)ect affect the exlsiln9 co~nmunity by ~ '' directly causing o grog. rib in permanent population of more than 5 percc~]~ over o one year period or hove o major negative on the character of the community or neighborhood? ................................. Yes x No ... ~es x ,No zo/22/8z October 22, 1981 (Today's Date) To: Re: Southold Town Board of Appeals ~.lain Road Southold, NY 11971 Appeal Application of Beatrice A. Gesele Location of Property: North side of Lilac Lane, East Cutchogue, New York Lots 16 & 17, Map of Suffolk County Town IU00-£U4-1 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Articl,e 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; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead.less than 100 feet inlength. [ ] 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.* not appear to [Starred items fall within (*) indicate your property does the jurisdic~on of the N.Y.S.D.E.C.] S i n c//~ ~go u~r s, ~ COPY TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR NO. 02 9/5 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~,~e~ ...... R~S~.I~aZC, E..Z,....GIZ.SEZ.E ................. of .....N..o.~...L..i..1..a..c...~B~...e. ............................................ Name of Appellor~t Street and Number ................. .~.~t~h~g~ .......................................................... New..¥~]~ ............. HEREBY APPEAL TO Municipality State THE ZONING 8CARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of No# Lilac Lane Cutchogue New York 11935 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DIVIDE PROPERTY 1. LOCATION OF THE PROPERTY ....?..o.?,,~...S..J:.,~e,...o..~....L.~..Z..a..c...~,,a~,.?. ........................ i'.A.]'. .................. Street Use District on Zoning Mop Map No. Lot No. SCTM#1000-104-1 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III - Sec. 100-30-A and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal Jb~:~s) (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 rectuested £or the reason that applicant wishes ) to divide the two lots as shown on the enclosed survey of John W. and Beatrice A. Gesele by Van Tuyl and Son. Each lot has insufficient frontage and area. ,~4x~X~X~x ~'orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP becau~ since the death of her husband, John W. Gesele on April 24, 1978 applicant has had the properties on the ~arket for sale, but has been unable to sell both to one purchaser. A~plicant now has a purchaser for the westerly lot on which the house is located and wishes to di%-lde the lots so that this sale can be consummated. 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 all the remaining lots on the North side of Lilac Lane are comparable to the two in~lividual lots in that the frontage is about 100 feet on Lilac Lane and the depth over 200 feet. Ail of these other lots, with the exception of this vacant one, contain residences. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of the ver:Lance would merely make the easterly lot buil~able and would conform to all the other lots on the t,~orth side of Lilac Lane. These lots were separately purchased from different owners, and the Town of Southold has separately assessed them since purchase. Copies of the 1980/81 tax bills are attached. When the house on the westerly lot was built in 1967, a mortgage was given to Southold Savings Bank and is still on the property. If this ~ortgage had been foreclosed, · new purchaser would have taken it separately. STATE OF NEW YORK ) ) COUNTY OF SD~FOL~ ) SS Beatri~g~?t~sele Sworn to this ..............................................day of ......... 9D~'9~.e..r. ................................. 19 81 Notary Public * q~¥ ~UaLIC, ~t~te el ~ Yor} BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of S0uthold : TO: Mr. & Mrs. Thomas Cybulski Mr. Henry Scherz Mr. & Mrs. Michael J.~A~o NOTICE TO ADJACENT PROPERTY OWNER 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)/~xa~rmm~)c~)c~k I- 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lots # 16 & 17 of SCTM#1000-104-1 on the North side of Lilac Lane, Cutchogue, New York 3. That the property which is the subject of such Petition is located in the following zoning district: District "A" - Agricultural & Residential 4. That by such Petition, the undersigned will request the following relief: with insufficient frontage and area. Permit to divide lot 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III SectioD 100-30-A and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5]6) 765--1809. 7. That before the relief sought may be granted, a public hearing must be held in the matter by the Board of Appeals; that a notice of such hearing must be ~lished 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. October 22, 1981 Dated: wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck,~ N.Y. 11952, NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Michael J. Alvino 5 Longworth Avenue, Dix Hills, N.Y. 11746 Mr. & Mrs. Thomas Cybulski Lilac Lane, Cutchogue, N.Y. 11935 Mr. Henry Scherz 37 Lotus Lane, Westbury, N.Y. 11590 RECEIPT FOR CERTIFIEI NO INSURANCE COVERAGE PROVI[ NOT FOR INTERNATIONAL MAlt (See Reverse) STREET A NO POSTAGE P] u9 r ri RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) 719 80967 ? :CEiPT~ERTiFiED MAIL NSURANCE cOVERAGE pROVtDEO-- NO I~0T FOR iNTERNATiONAL MAIL (See STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ,/ ~T.Tt'~!~ 1~IDf~--~1 ,residing at Meeting House Credk Road Aqueboque r New York , being duly sworn, deposes and says that on the 23rd day of October ,19 81 , 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- rice at Mattituck (certified) k~.~ed) mail. Sworn to before me this 23rd day o~~ Notary Public ; that said Notices were mailed to each of said persons by Alice Burgo~" 'DOROTHY H'EN DERSO'N NOTARY PUB'LIC, Stale of New Yer~ ~4o. 30-6848100 Ouali{ied in Nassau Coun~ rCommission Exp;res March 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of BEATRICE A. GESELE to the Board of Appeals of the Town of Southold TO: Mr. Arthur F. Drake 253 Sagamore Hill Drive Box 103 Port Jefferson Sta., N.Y. 11776 NOTICE TO ADJACENT 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) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lots ~16 & 17 of SCTM# 1000-104-1 on the North sid~ of Lilac Lane. Cutchogue, New York 3. That the property which is the subject of such Petition is located in the following zoning district: District "A" - Agricultural & Residential 4. That by such Petition, the undersigned will request the following relief: Permit to divide lot with insufficient frontage and area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 100-30-A and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5]6) 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. Dated: October 26, 1981 Post Office Address William Wickh~m, Atty. Wick_ham, Wickham & Bressler,%~ ~P.C. Box 1424 Mattituck, N.Y. 11952 NAME PROOF OF MAILING OF NOTICE ATTACH, CERTIFIED MAIL RECEIPTS ADDRESS Mr. Arthur F. Drake 0 9 7 q RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STREET A.,~D NO CERT~F,ED FEE ~ SPECIAL DELIVERY .~ RESTRICTED DELIVERY u-I AND ADDRESS OF --~~ SHOWTOWHOM~DATE ~ ~ ~DELIVERyOELIVEREDWITHRESTR~CTEE 252 Sagamore Hill Drive Box 103 Port Jefferson Station, N.Y. 11776 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ALICE BURGON , residing at Meetinq House Creek Road, Aqueboque, New York , being duly sworn, deposes and says that on the 26th day of Octobgr ,19 81 , 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 Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (mSiel:et~)~ mail. Sworn to before me this 26th day of October ,19 81 Notary Public DOROTHy H,E~NDERSO,N NOTARY PUBLIC, State of New Yo~ ~ro. 30-6848 oo OuaJ|f;ed ;n 'Nassau Court Commission Expire, March 30,~ Alice Burgon 6/ I I i~ .gl/ ' . t' · / ...... ~ IB~.~ :3. G9' ~r8' 50-W. "LI L..~C · I 26,146 sq. 'ft. ~ ItO.O B30.08 '0 MAP OF LA,kiD ~LHZVE~/ED ~O~;Z ' A. GESELE ~ BEAT2ICE"" -EAST CUTCHOGU5 Frcm:se~ shown arc ~cxrf ~,~ lot- 105 in ~he Suffolk 'Couni~ Ciack'~ Of~(c~ os SCALa: H~~~~~~~~~~~~~~~~~~~~i~~~~~~~~~~~i~~~~d~~~~ii~M~ii~~~nn~~~~[~i~~~~~~~~~[~iini~~~~~ II,llll Illlilff[[ililllinnl'[il,ll[[][i[I][l[[l[i''a[,iilllnllill[i"i','' ~'"'" .............................. TOWN TOWM OF SOUTHOLD ~E' $[C