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Home My WebLink About2854East Side s~illwater Ave~+ ~uthhogue . 9/3~8I a'insuffl f~on%yar~ setback f6~ h~w a~i~. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZOOMING BOAI~D OF APPEALS Appeal No. 2854 by application Dated July 21, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO%VN OF SOUTHOLD To Mr. Michael A. LoGrande 63 Pinedale Road Hauppauge, New York 11788 DATE.ll.f.lZl.~i Appellant at a meeting of the Zoning Board of Appeals on September 3 ~ 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 (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal 1. ~:~J~~l~.~:e~l~,~e~l/hYe,~,~~~X~~ ( ) be grated ( ) be denied pursuant to Article .................... Section .................... Subsection ...: .......... ~ .....para~aph .................... Of the Zon~g Ordinance ~nd the dec,ion of the Bu~d~g InsPector ( ) be reversed ( ) be eF, y~kFeXg~m~ Public Hearing: 9/3/81: Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue, Cut- chogue, NY; bounded north by Madzelan; west by Chituk; south by Stillwater Avenue; east by Barlotta; County Tax Map Item No. 1000- 136-2-4. (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) (e) 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 ( ) be denied and that the previous decisions ef the Building Inspector ( ) be conf/rmed ( ) b~ reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS The Board made °the following findings and determination: Appellant by this appeal seeks an area variance for a reduced frontyard setback from the required 50 feet to 35 feet for a proposed new dwelling with dimensions of approximately 65 feet wide by approximately 40 feet deep. The lot in question contains an area of 18,917 square feet, has road frontage of 100 feet, is an average of 195 feet deep, and fronts along a dredged canal known as Eugene's Creek (a/k/a East Creek), Cutchogue. The New York State Department of Environmental Conservation has restricted the location of the proposed new dwelling to be within 95 feet of Stillwater Avenue, pursuant to Tidal Wetlands Notification Letter dated October 17, 1980, TWNL #15276-0341. The Board notices that the proposed location of the house as shown on applicant's survey dated November 3, 1980 indicates that the northwesterly corner of the house is more than or very near the 95 foot line and the house may have to be turned on a bit of an angle in order to comply with the DEC restriction. The turning of the house on a slight angle would not affect the frontyard setback from Still- water Avenue. The Board recognizes applicant's practical diffi- culties in this proposed project and agrees with applicant and the DEC. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the variance to the zoning ordinance, Appeal No. 2854, application of Michael A. LoGrande be granted as a~lied. Location of Property: East side of Stillwater Avenue, Cutchogue, NY; County Tax Map Parcel Item No. 1000-136-2-4. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. Messrs. Doyen, Douglass, Goeh- '_APPROVED RECEIVED AND /LED BY THE SOUTHOLD TOWN CLEP~ Town Cqerk Town of---~-,th°ld- I LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 commencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, NY; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by _Barlotta; County Tax Map Item No. 1000-136-2-~. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, k~ 11743, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 31&50le Jule Lane, Mattituck, 5~; bounded north by Allsopp, west by OleJule Lane,.south by 01d Jule Lane, Tax Map Item No. 1000-122-5-18. 7:30 p.m Central Drive~ Art. III, Sec dwelling with an insufficient frontyard (a/k/a 3905 Breakwater Road) Mattituck, west by Tsounis. south by Central Drive, Tax Map Item No. 1000-106-3-17; (further known as Cpt. Map No. 1672, Subd. Lot No. ll4). 7:40 p.m. ~pplication of Harry P. Fagan, Jr. and wife, east by Battersby; County Application of Demetrios and Joanne Joannides, 60 Mattituck, ~ for a Variance to the Zoning Ordinance, 100-31 for permission to construct deck/addition to setback at 60 Central Drive NY; b~unded north by Nolan, east by Luthers Road; County Kidd Estates ~00 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct addition with an insufficient rearYard setback at &00 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application ~f Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southold, NY; bounded north by Wsod Drive, west by Clear View Road, south by Lakeside Drive, east b~ Haskins; County Tax Map Item No. 1000-90-4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro~ east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C.-Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for ~ppr0val of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yar8 setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2-8, 18~ 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayle¥, c/o Flower Hill Build- ing Corp. as agent, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, hq; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). P~ge 3 ~ Legal Notice of Hearings - Board of Appeals · Regular Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnert¥, 1530 Fleetwood Road, Cutchogue, MY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12. 9:05 p.m. Application of ~illiam and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area ~and width of two proposed parcels located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Ave., west by Vallely, south by Lindsay, east by Russell; County Tax Map Ttem No. 1000-113-7-4.1. 9:15 p.m. Application of Anthony G. and Helen M. Mowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zo. ning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl% III, .Sec. 100-31; or (b) determining this improvement not to be an addition to the ex~st~no structure under the ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue, MY; bounded north by Fleetwood Road, west by PeGuash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subdivision Map No. 539 Sec. I, Lots Moo 45 and northerly half of 4&; County Tax Map Item No. lO00-110-4-1. 9:30 p.m. Application of John Kowalski, Jr. and Chester Berry~ Jr., c/o ~04 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-T1 for permission to rebuild principal building with ~nsufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by North Fork Bank and Barker, west by Protestant-Episcopal Church, south by Sound Avenue, No. lO00-141-4-part of 28. Dated: August 21, 1981. east by Love Lane; County Tax Map Item BY ORDER OF THE SOUTHOLD TOWI~ BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, August 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, Y~ 11971 on or before September 2, 1981. page 4 - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande" Mr. Richard Posselt Mr~ and Mrs. Demetrios Joannides Mr. and Mrs. Harry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayley, c/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for Anthony G. Nowachek Messrs. John Kowalski, Jr. and Chester Berry, Jr. Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/~%81: Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To. ..d~.. .-~.~.~.~,..~. ...... ~o~,,~, County Tax Map No. 1000 Section ..... ~.h ~ .... Block . .~.~ ....... ~t . .~.~ .... Subdi~sion ~' ~ ~ Filed Map No [ ~ ~ Lo~ No, ~' .~~.~..v~.~ ..... . ....... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N O.~>~ ~""~"t/~ DAT TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).~.~..../~..~.LT.......'~..;....~..'..O....~..~...~.....D~.....of ...... .~.i.~.......~.../..'~'..~.....4~....,,~D.. ............................ Nome of Appellant Street and Number ~~ ~ ~ HEREBY APPEL TO Municipoliw State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~...~".~..~.../...O'.AZ~..~. ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ........ . ........... .............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY .~...~..~..~..~.:~.~.~../...z~..~...~.../.(.~.~..../~...~...~.......~...~...~.:.....~..~...~.~..~ ............... 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 (4~e~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,4/~- -~' Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE oRDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 3~ ~1~ ,~'O'~o'~z~--d ~ z~/~ vicinity of this property and in this use district because ~/'~' immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss · COUNTY OFn~rt ~1~- ) Signature Sworn to this ~0~day o' .......... ~.!y ,~ I B o % Tow~ o~' ,~xau-r~to~.~, N.Y. Vk'/L.L.I~IM$ON /~v~¢a*rt'} ' THE WATER SUPPLY AND.SE ,CONFORM TO THE~STANr SUFFOLK CO, DEPT~ (Si : ' $orve~ye~ ~lov. 3,'~9~' RODE:RICK VAN ~UYL,, P.C ' ~ ' ~.,..; SUFFOLK' COUNTY SER V ICES. FIOR~q.AP CONsTRucTIoN DATE:' SUFFOLK CO. TAX~I DIST. IOOO OWNE:RS ADDRESS:.;::: :.]~ I · COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 ,~, I .,;" ~ , LEE: E. KOPPELMAN December 7, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant w,,,~ cipal File Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba LaJa Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:.lk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VIILI'I~IIJAliiJMf~MO~qlA~. "IG~IW~I/' ii H&UPP.4. LIGI~, ~.. ,.. NEW YOn,( ' · 11788 Southold Town Board_ of Appeals NAIN RnAD- STATE ROAD 25 SDUTHDLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of ~ppeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III, Section 100-31 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 2854 Applicant: Michael A. LoGrande Location of Affected Land: E/s Stillwater Avenue, Cutchogue. County Tax Map Item No.: 1000- 136-2-4 Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway -- Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was aranted construct new dwell- COMMENTS: Applicant ~x~q~F~X~ermission to ing with an insufficient frontyard setback from Stillwater to 35 feet. Copies of Town file and related documents enclosed herewith for your review. Dated: December 4, 1981 Secretary, Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKi Southold Town Board of Appeals MAIN ROAD- ESTATE ROAD 25 ESOUTHOLD, L.I., N.Y. 31973 TELEPHONE (516) 765-1809 September 5, 1981 Mr. Michael A. LoGrande 63 Pinedale Road Hauppauge, NY 11788 Re: Appeal No. 2854 Dear Sir: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, September 3, 1981 concerning the above appeal: BE IT RESOLVED, that Michael A. LoGrande be granted a variance to the zoning ordinance as applied for in Appeal No. 2854. An official determination will be filed with the Town Clerk in the near future and simultaneously forwarded to you for your file. Yours very trUly, CHARLES GRIG0~'IS, CF~IRHAN CG:lk 'oday' s' Date:' Thursda Se~)tember 3, 4embe~rs Abse,lt: if any: none 1981 , ppeal No. .genda Item/~Iatter of: ype of Variance or Appeal: esolution made by: econ ded by: ( ction: ( rove as applied for ( ) Deny as applied for / ( ) Den)' .-' ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) 2854 MICHAEL A. LoGRANDE .. Front~rd setback - new dwelling N/s Stillwater Avenue, ~--fftc~e GCharles ~)~)~ge~ ~.Rob~rt ~ Gerard ( ) ( ) ( )/ ( ) ( ) ( Joseph. ( ) ( ) Approve with the followin9 conditions: (~ubject to County Planniflg referral ( ) Sub,iect:to Blannin9 Board approval (~) Subject to D.E.C. requlations ( ) Other: ndings of the Board are as follows: House may have to be turned on more of an angle to meet 95' DEC restriction from water. REASONS FOR DETERMINATION: DEC restrictions in Tidal Wetlands Letter #15276-0341% ~C~ 2 ' Other: ) Not Within the Character of the Neighborhood ) Granting the Relief Requested is wi%hin ) Variance is Substantial in Relation to Code spirit of the zoning code If so~ %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice, served by denying ( ) ; ( ) ore ofthe Boardf Ayes: ([/~G (,'ffSD (~D (~ GG (~S '. -. Nay: ( ) ( ) () ( ) ( ) ~bstai~:( ) ( ) ( ) ( ) () ~bs~nt: ( ) .() () () () ) Relief is not substantial ) Burden of hardship or difficulty Shown and is unique ( ) Variance will not change character of the neighborhood Interests of Justice served by granting )res: What is the established setback in the neighborhood? (~pplicant may not even need variance. If variance needed, reli~£ ~¢que~L~d may b= COUNTY OF SUFFOLK STATE OF NEM/ YORK Potricio Wood, being duly sworn, soys 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 ...... .~....'~.. ...................... d o y J:ZL.<....~~'~.~.~. ............... 19....~.~ ....... .... LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY ' GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, September 3, 1981 commencing at 7:15 p.m., as follows; 7:15 n.m. Application of Pinedale Road. Haunna~,l~ A~_Y 11788 for a Variance to the ~_,onin~ OrdinanceI Art. IIl~ _Sec. 100-31 for an insufficient frontyard setback for new ,dwelling at the east side of ~Stillwater Avenue, Cutchogue, NY; bounded north lay Ma{lze- ~[an. west b~' Chituk, south §y Stillwater Avenue, east iay ~arlotta; County Fax Ma~ 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a yariance to the Zoning Ordinance, Art. III, Sec. 100-31[for approval of an insuffi4ent rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp, west by Old Jule Lane, south by Old Jule Lan~, east by Battersby; County Tax Map Sworn to before me this ........... .~. ................... day of ....... ......... , Hill Building Corp. as agent, Cutchogue, NY by Richard F. Lark, Esq., for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). 8:S0 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutcho~ue, NY for a Variance to the Zoning Ordinance, Art. III,- Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, loealed at 1530 Fleetwood Road and Betts Street, Cut- ehogue; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of insufficient area and width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west Notar~Public *Lecjal Notices LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY · GIVEN, pursuant to Section of the Town Law and the 267 . ecl k Provimons of the Amenodld ~ Cede of the Town of South , a Regular Meeting ~nd tl~el I following pahlic Ibe held by the Sou Board of Appeals at the South- old Town Hall, Main Road, Soutbeld, NY on Thursday, I September 3, 19~1 commenc- ·ing at 7:15 p.m., as foltews: 1000-10ti-3-17; (further known as Cpt. Kidd Estates Map No. 1572, Sul~l. Lot No. 114). 7:40 p.m. Application of Itarry P. Fagan, Jr. a~d wife, 400 Betts Street,' Cutehogue, NY for a Variance t~. the Zoning Ordinance, Art. III, Sec. 101}-31 for permission to construct addition with an insufficient rearyard sethaek at 400 Betts Street, Cutehogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weies; County Tax Map Item No. 1000-11~-~-9. 7:50 p.m. Application of Thomas and Phyllis Mans, 0 Miehele Terrace, Mnssapequa Park, NY 11702, for a Variance for Approval of Access, New York Town Law Soc. Location of PropertY: 180 Oak- wood Drive, (a/k/a ~ Lake Side Drive North), Southold, NY; bounded north by Wood Drive, west by Clear View Road, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-00 4-3, (further known as Cedar Beach Park Map No. ~, Subd. Lot No. 07l. 7:55 p.m. Application of James Genovese, 020 Lake Drive, Southold, NY for a Variance to the Zoning Ordin- ance, Art. III, See. 1000-31 for permission to construct dock/ addition to dwelling known ss 020 Lake Drive, Southold, NY; bounded north, west, south by Dochiaro, east by Lake Drive; County Tax Map Item No. 10~-50-1-32. 8:05 p.m. Application of Jori C. Rerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval of ~aivrcels in a propnsed sub ision, and for permission to relocate building with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: Pe~ · quash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2- 8, 10, 19. 0:20 p.m. Application of Mary Ray, 375 Factory Ave~ nue, Mattituck, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 1000-31 and 10036 for permission to construct carport/addition with insuffie~ ient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Fac- tory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o Flower Hill Building Corp. as agent, Cutchogue, NY, (Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Art. III Sec. 100-30A for permis- sion to construct add t on and convert building with guest room to dwelling use. Location of Property: Smith Road (pri- vate) at Nassau Point, Cut~ chogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item Nb. 1000-119-1-14, (further known as Nassau Point Subdi- vision Map No. 156, Lot Al. 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleet- wood Road, Cutcbegue, NY for a Variance to the Zoning Ordinance, Art. III, Soc. 10032 for permission, to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue; bounded north by Hansen, west by Betts Street, south by Samies, east by Fleetwood Road; County Tax Map Item No. 1000-137-5ql & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning. Ordinance, Art. III. Soc. 10031 for approval of insufficient area ar/d width of two proposed parcels, located at the south side of Bergen Avenue, MatUtuck; bounded north by Bergen Avenue, west _ _b_y.V.a.l!e.l_y,..so_u_t_h _b_y_ _L i_n_d_s _a .y,_. east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. ApplicaUon of Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100 ll0D for permission to use existing building as an auto- mobile repair shop (an~d/or reestablish preexisUng use to permit use as an automobile repair shop), at 73225 Main - beiucj ~luly Sworn, Road (S.R. 25), Greenport; bounded north by Village of tel' of the Greenpert, west by Wardow- ski, south by Main Road, east ~'t C, reenport, in s,,id by Rutkeski; County Tax Map Item No. 1000-45-3-part of 2. mlnexe~{ is a printed 9:30 p.m. Application of Anthony G. and Helen M. i~olk Weekly Times Nowachek, P.O. Box 355, quash Avenue, Cutchogue NY ............ weeks for a Variance to the Zon ng Ordinance: (a) to construct t. .................. deck/addition to dwelling with an insufficient frontyard set- back pursuant to Article III, E' Soction 100-31; or (b) determ- :~7'.% .............. ining this improvement not to be an addition to the existing structure under the ordin- ances. Location of Property: Corner of Pequ~hoad.AVe~.'/ ~.. and Fleetwood , - ~.: .~..~.. cbegue; bounded north by .................. Fleetwood Road, west by Pe- ................... quash Avenue, south by Gold- smith, east by Schreder; Ray- atone Realty Corp Subd MapI ~ ~ · ' ' · ' ' _-~. ' Dated: August 21, 1981. · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, ,IR., CHAIRMAN 1TA27-3755 I $ u h lcl Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T£RR',' TUTI(ILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki N. Y. S. NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2854. Application of: Michael A. LoGrande Location of Property in Question: Cutchogue, NY County Tax Map Item No. 1000- 136-2-4. E/s Stillwater Avenue, Project Proposed by Appeal Application: New dwelling with insufficient frontyard setback. 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. Permission has been obtained from the N.Y.S. Department of Environmental Conservation pursuant to 6 NYCRR Part 661 requiring this and all structures and construction activities to be within 95 feet of Stillwater Avenue. Septic system is to be placed within 20 feet of road. Dated: August 6, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Posted on Town Clerk Bulletin Board Copy to applicant/or agent Original for ZBA file JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 July 21, 1981 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2854, application of Michael A. LoGrande for a variance. Also included is Notice to Adjacent Property Owners August Barlotta:and Jon R. Chituk, survey of the property, Short Environmental Assessment Form, Letter re: Tidal Wetlands from property owner and N.Y.S.D.E.C., and Notice of Disapproval from the Building Inspector. l~i'~ YOFd~ S~E D~flX,.~T OF ~4VI~0~,~L~L COIIqF21~ATIOi~? P~Nulatory Affair~ Bldg_. 40, S~'£~ - R~Dm 219 Stony Brook, i~ York 11794 (516) 751-7990 RO~E~T P. FLACEE C~,~issia~er Michael A. LoGrande 63 Pinedale Rd. Hauppauge, N. Y. 11787 TW 15276-0341(formerly, Teich) Construct a one family dwelling and assoc, septic system. Deaz Sir: Your recent reque,~t to extend ~ abo%m ~rmit has ~ reviewed oursukunt to 6 ?~ P~t 6~1. It has ]~ dete~ned ~]at ~e ~t ~t~ 0f ~ r~de ~n~ons ~,,~h ~st at ~d adja~t to 3ite at ~e ~ ~at s~ ~it ,~ iss~ ~ not s~s~ly d~g~ ~d the si~ is s~ll s~ahle for ~t~d a~es. ~erefore~ t~he e~2iration date is extended ? 6/30/82 This letter is an amsndment to the original oerrzzt, and as such, ShOuld be attached thereto.; to the revised permit issued 10/17/80 and be kept available at the site whenever work is in progress. All of the conditlor~ mb]l] read_tn ~ ~r]g~:nally written in t-he permit. c. c. 1-File P~gional Permit Administrator Eegulatory Affairs Building 40, Sb%IY Stony Brook, NY 11794 (516) 751-7900 ,Robert F. Flacke Commissioner A COPY OF THIS AUTHORTZATION MUST BE AVAILABLE ON PROJECT SITE victor Teich 33 3~ 166tn RE \' I S£ D TIDAL ~TLA}~OS NOTIFICATION LETTER APPROVAL Dear This is to inform you that we have reviewed the notification letter (or permit application) filed on t~arch ~1, 19~0 and have determined that it will not be necessary to file a permit application (or secure a tidal wetlands permit) to construct a ou~ family dw,?li'[,~ Ju~c~o ~e, YO~: of ~out~AOld, Suff~lL Co~nty~ Ass-ming you have obtained all other necessary permits, you may proceed with your project adhering to the special conditions (if any) found on this letter. SPECIAL C 1. ,.~tl ~gruc~are~ and co~lstruc~lon activi~.c~ Regional ~emit Administrator ~O/t?/~o (Revised) Date Issued Expiration Date cc: U.S. Army Corps of Engineers NYSDEC Law Enforcement - Region I 8. Lo ~rande ~. ~,,u.,i ~I"~'.~],.(),MEI TAL ]IiST[:!]C1 lams: -----~) 'l~--'~ order to ans¥,ar tile questions in this short EAF i~ ~s assumed that the preparer ~}~ use. currently ovo~ob}e ~nfor.,ot~on concernSng the project rind tl~e }~l:e~y ~pacts of the actLon. ]t ~s not expected that additional stud~er,, ~e:;aa~ch o~ other ~avest~gat~ons ¥~$~ be undertaken. (b) if any que~.tJc, n has been ons~ared Yes ~he p~oject may be significant and o co:npleLed Envlron~en~al Assessment Form is necessary. (c) IF all ques~ions have bean ~nsYm~ed No L~ Ls iikely that this project is.net =ignificant. . '.. (d) Environa~ntal I. W~I~ p:'ojec~ ~e~--in ~ large phx~icai chan~e (o the p~ojac~ sl(a or physically a~er more thnn ~0 acres of lend? .................... Yes.~No 2. ltlll there be a major change ~o any un/qua ~ ' .... Yes d · u~,usua} Zend [o~m found on (he s~e? .... . 3. ¥/~ project alter or have a large effect on exlst~ng body of water? ..................... .,, ,Y~ 4. ?ll~l p:'ojec( have a potentially large lmpac~ groundvater quo}~y'~ Yes ~ 5. ?,'llL project slgnLfJcan[~y effect drainage flo~'~ on adjacen( sltes? ......................, Yes 6. Wi}} project affect any threa(an(~d or endangered plant or antaa} specles? ...... Yes~ No 7. ¥1ZiZ project result ino major adverse ' Yes ~ No air quali%)?' '.... ' 8. ~'li~l pro, tec( have o major elf cc( on visual chc~roc%cr o[ %he co~amuni%y or scenic vlews or visLos known %o:be impor~on~ to the community?.. 'Yes F. ¥1111 projec( adversely impact any si~e or .. s(ruc~ure of historic, prehistoric or poleon~o].ogical impor(ance or any si%e dasigr, otad os o critical environmental area by a local agency? ............ ~:...-..~-.v...-.~"~..~'. Yes No 10. ¥/ill projec% have a laojor cFfec~ on exls~ih9 or [ulurc rccreo[ionol opportunities? ......... Yes~No.. 11. ¥/ill projec( rcsul( in .~a3or ~roFf~c problems or. cause o major c[[cc~ (o existing ~ranspor[al~on s~siems? ....................... Yes~ No 12. ¥,'ill projec% .regularly cause objectlonable odors, noise, glare, vibra%ion, or electrical dis(urbc, ncc os a rcsul~ of {he project's ~i ? ' Y ~No' opera' on .... . ................................. 13. ¥1ill projcc~ have any in~poc~ on public health '' or .safety? ......... Yes, ~No direc(l/ causing o growth in permonen( population of more then 5 perceD~ over o one year period o~ hove o mo~or negative effec~ on (he choroc(er oF the community or Yes No neighborhood? 15. Is [here public controversy concerning (he · project? ...................................... , PREPARER'S SI REPRESENTING (Today's Dale) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application Location of Property: W/dE Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. 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, {Si~nature pleasel TOWN OF $OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR AP.EAL No. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .of .......................... Name of Appellant Street and Number ...... /::/~.~.£~.~.~..~ ...................................................... /V~ Vo ' . ................. .'~..,/.~..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 ( ) ( ) (/ Name of Applicant for permit of ..... ........... ..... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~ , ~£/,l;r I-O CO~,I~II~CI- o/gE- I~'qI~/Ly 1. LOCATION OF THE PROPERTY ..~-.~.5...T..~,-~r, .~....,~..i.~...~......'5....-~/....L~...~.,,~.~..?...~J..~.~ .~....~..'. ...... 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 Paragraph of the Zoning Ordinance by number. Do nat 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) (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 ...................................................................... ) ~s requested for the reason that /~;~: ~)~' REASON FOR APPEAL A Variance to Section 280A Subsection A Variance to the Zoning Ordinance 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 '-/-J~e vicinity of this property and in this use district because The hardship created is UNI(~UE and is not shared by all properties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER Or THE D~srmcT because /~O6~z O~ ~¢ ~/'d~ A~ /~ ) SS t ........ COUNTY OF ..~u~'~-- ) Signature Sworn to this ....... f~..O...'~.. ............................. day of ........ ~..~.~ ..................................... 19J) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the lown of Southold : 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 ~ aquest a (Variance) (~aee~uE-,x~q~n) (.~) (the following relief: ~ /~'~'¢,' ~ 2. That the property which is the subject of. the Petition is. located .adjacenLto y~our property and is des- cribedasfollows:/4~' ,~f~'.$- /'/,4A~'~ ~/~0 X~"~o. ~'/~ ~,.'0¢.'4,' ~'~ ~-~..x,'d:4~1~. 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: ~ ~T~ 3~' ~ ~ ~ /~~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article .~ Sectic~ /¢~o-- ~/' 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) 7~5-[809. 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:~ ~ Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P29 2, ,99785 ECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO P.O, STATE AN D ZIP CODE AND ADDRESS OF ~ ~ ~DELrVERyDELIVEREDWITHRESTRICT£[ STATE OF NEW YORK ) COUNTY OFSUFFOLK) /~4,/.Y¢~/~ , being duly sworn, deposes and says thaton' the' c~o day of ~b[~J ,19 L, deponent mailed a true copy of the Notice set forth on the re- verse side h~eof, directed to each of th6 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 ar~sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~/7~9,,~,,~ _ ; that said Notices were mailed to each of said persons by (certified) (registei'e~) ma~l(. y . ,191/I - Notary Pu~ BOARDOF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: ,~,/~. '~//~.,t~ ~. ~/'//T'~/~' YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~) '~;,,: ," ..... k) (the following relief: 3/0 ~'~d~ ~ 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~f//,~P O~' ,,f~'.,.~. /'/,~,',./Z) ',e~/,~O ~/~r ~L/~ -- ~0~ ~~ ~, 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: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section 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-!509. 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 Tewra of Southold and designated for the publication of such notices; that you or your representative have the rt~t to appear and be heard at such hearing. Dated:~~/ Petitioner Post Office Address PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS · P29 2 2 9 RECEIPT FOR CERTIFIED k ~,. I~ INSURANCE COYERA~E PROVIOEO-- NOT FOR INTERNATIONAL MAIL (See Reverse) ~TREET ANDNO PO, STATE AND ZiP CODE ~ SHOW TO WHOM AND ~ ~ ~ ~ ~ -- ~ DATE DELIVERED ~ _ ~LIVERY E ~ DELiVEREOWITHRESTR~CTEI ¢ ~~ ~ OELiVERY STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ,,L/~/ ~d~.~ , being duly sworn, deposes and says that on the ,~0 day of t/~'/-)/ ,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 ,,';/,4'~-v'~,°,,~O,~= ; that said Notices were mailed to each of said persons by (certified)-(~) mail. Sworn to before me this day of 100.0 WtL. L.I,~,Af;~ON ~vc~,:.atrt') .~urve~ec~ Nov. 3, IOIBO RODERICK VAN..~UYL P.C, ~' ' THE WATER SUPPLY AND.SE · CONFORM TO THE~;STANE SUFFOLK CO DEPT; OF..HE~ !: (SI , APPLICANT" SUFFOLK~ COUNTY.'~EPT :SERVICES-- FOR:' AP CONSTRUCTION oNLy ..: t.' SUFFOLK CO. TAX . DIST. TEST HOLES I · Logend Revisions K' i $ ,, /~?? i1 I05