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HomeMy WebLinkAbout2845East Side Indian Neck Lane, Peconic 7/9/8I CA-divide property into Minor Subdivision of four lots and approval of insuff, frontage of Lot I of said lots. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2845 by application DatedJune 24, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James Ro Giambalvo amended to Peconic Bay Gardens, 72 Columbia Road R0ckville Centre, NY 11570 Inc. Appellant at a meeting of the Zoning Board of Appeals on July 9, 19 8 1 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 gra~ed ( ) be de.ed pursuant to ~tlcle .................... Section .................... Subsection .................... paragraph .................... of the Zoni~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) b~ confirmed b~ause Public Hearing: 7/9/81: 7:45 P.M. Application of James R. Giambalvo, ~2 Columbia Road, Rockville Centre, NY, amended to Peconic Bay Gardens, Inc., (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane; south by Pontino and Harvey; east by Richmond Creek; County Tax Map Item No. 1000-86-5-9. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by alt 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 (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be g~anted ( ) be denied and that the previous decisions ef the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspectic., the Board finds and determines as follows: By this appeal, appellant seeks approval ©! insufficient road frontage of 135.16 feet along Indian Neck Lane of one of four proposed parcels, for which appellant states th~ Planning Board has recently approved as a minor subdivision. ?!~ach of the p.~rcels will contain an area of substantially more than 40,000 squar~ feet. The Board agrees with the reasoning of applican . The Board finds that the relief requested s not substantial in relation to the Code requirements; that the relief would not change the character of the neighborhood; that no adverse effect will be produced on available governmental facJ ities of any in- creased population; that the hardship or pract cal difficulty is unique and not self-imposed; and that the internists of justice will be served by granting the relief as requested. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in the application ~i~3 James R. Giambalvo, recently amended to Peconic Bay Gardens, ~I~c., be granted as applied for and SUBJECT TO TH~ FO~.LOWING CONDITIONS: (1) That this matter is subject to referr~ 1 to the Suffolk County Planning Commission pursuant to the rule~' and regulations of the Suffolk County Charter; (2) That this matter be referred to the S~ uthold Town Planning Board for approval. Location of Property: East side of Indian Neck Lane, Peconic, NY; County Tax Map Parcel Item No. 1000-86-5-9. Vote of the Board: Ayes: Messrs. Doyen, : 7.uglass, ~3~w~'~iki and Grigonis. Mr. Goehringer abstained. APPROVED Chairman I~oard ~ Appealsy ' RECEIVED AND FILED BY 'ms , Town of So,~oi_d LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklaw~ Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowley & wife, 745 Cedar Drive, East Marion, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. eO!7:45 p.m. Application of James R. Giambalvo, 72 Columbia d, Rockville Centre, NY (by Richard J. Cron as attorney) for ariance to the Zoning Ordinance, Art. III, Sec. 100-31 for mission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; County Tax Map Item No. 1000-86-5-9. 7:55 p.m. Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; COunty Tax Map Item No. 1000-141-3-26. Page 2 Board of Appeals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed parcel #2, approval of access of proposed parcel #3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Coloniai Corners, Inc., Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. S~uires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map #806, Lot 357; County Tax Map Item No. 1000-111-6-6. 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Dated: June 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN ................................................................ Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...O. cJ.L~.~ .................. 19 ..~l. · File No ................................ To 7~,~.~,~...Z..C~o~ ...... % ~w:&o,,,,~_. ~,~,~ ~,-~,~ .... ~. ~.,.,~. ~ a .............. ..~.~.r~~, t~ ~.. ..... P~s~ T~a~ NOTIC~ t~at you~ a~~d . ~ ...................... ? ..... 7' County ~ax ~ap So. ~000 Sootio~ ... O.~ ..... ~ook ... O.~ ...... ~ot . .~ ~. ...... Subdivision ................. Filed Map No. Lot No .................. ~ ~t~, ~r~t~ ~a d~o~od on t~ ~oilow,n~ ~ou~. ~' .~.. ~.X.~'.~' ~.'. ~ .. ~RT..~...~ ........ ~.~.~.~.t.c2~t¢. ~...F~o~c3~ .... ~.~ ......... ..~.~ .... ~c...~_.t~.~ ..... ~.~ ... Bulldog Inspector RV TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~:Y"~ r~-rr ~, 1981 JA~S R. G~ALV0 ~,,~.: ~~ ~, '(~ ~ b R '~'~ t'~ -~in'Road ~, ~.. y......IQ.~gQ..J.,...QSOR,... ~.~ ............. o~ ............................................................................ Nome o~ AppeHa.m.t a~orney, Street ~md Number ........................... ~.~.~.5~,~. ............................................... P.~.~_.~.r.~ ...... ~s~ A~U ~O ~un~cipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of: THE BUILDING INSPECTOR ON NOTICE OF DISAPPROVAL ~ .................................... DATED ...... ~.~ .......... !..,.~.~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ....... Name of Applicant for permit of ,, !.~.....C..o..!q~.b...t. ~...B.9~.¢! ......... ~ ~..c..k..v..t..!.t..e....c..e..~.c..~.e. ........ ~ ............................. Street and Number Municipality State PERMIT TO USE (X) ( ) PERMIT FOR OCCUPANCY ( ) Minor Subdivision Map of Street Use District on Zoning Map Peconic Bay Gardens, Inc.- 1 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.) Article III - Section 100-31 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 (~(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 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 Ordinance ( ) is requested for tHe'reason that ~,ot designated One on Minor Subdivision Map of Peconic Bay Gardens, Inc. fails to meet therequired width of 150 feet at the 50 foot building setback line. Fo,~m ZBI (Continue on other side) REASON FOR APPEAL Continued 1. S~RjCT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- soryHARDSHIPbecause applicant has secured recent approval from the Planning Board of the Town of Southold of a four lot minor subdivision, all of which lots contaih an area substantially in-excess of the 40,000 sq.ft, area required by the Southold Town zoning Ordinance. In addition, each of the lots in the minor subdivision have 150 feet of width.at the 50 foot building setback line with the exception of Lot #1 which has a width of 135.38 feet. The lot in question contains an,a,rea of 1.960 acres. ThiS is an area which is substantially greater than~ t~at required Under the Southold TOwn Zoning Ordinance. To deny the area variance concerning the width of the lot would cause great hardship and practical difficulty to the applicant. In this regard, it would necessitate restructuring this large area of acreage into three residential lots all of which would be substantially in excess of 2 1/2 acr&s and ~ohtaining widths substantially in excess of 150 feet req~uired by the Ordinance. The variance in the width requirement is not substantial, towit: '135.38 feet in relation to the 150 foot requirement. The granting of the variance would not result in any increased pg~u~gtion dgDsity..4 substantial ~hange iQ the.~eighborhood, WOUl~ not ~ UAE ~rom the granczng o~ the varzance cna wouAa cause no ~ 2. The hardshipcreatedis UNIQUE and isnotshored by oil properties alike in the immediate vicinity of this property and in this use district because the condition affecting ~ot #1 on the minor subdivision map is peculiar, to that parcel and does not have application to other land in the vicinity. * substantial detriment to adjoining property owners. That as heretofore indicated, no feasible alternative exists for the applicant to elimi- nate the need for a variance. On the basis of the foregoing, the interest of justice would be served in this instance by the granting of the variance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject application deals solely with an area variance. STATE OF NEW YORK ) ) COUNTY OF 'SUFFOLK ) nature James R. Glamuaivo Sworn to this .................................. doy of ..................... 19 81 NOTARy PUBLIC, State of New York No, 52'4665418, Suffolk County Cgmrnialion EXpires March 30, 19~ '" formerl?, or $0¢cO M~ert ACRES formerly '9/CHMONo NOTES: to nov~ formerly or ?o~tin° F. stote I. CONTOUR L/NES ,~PMROXiMA~'~O PROIv~ U.S.G.S, CHAt?r. 2. TOTAL AREA = 9, ~ ~CRES ~ 3, THIS MAP PREP~D FROM ~R~ ~ d~N,. $0~ I~G? 8~ VAN ruyl a ~N FOR CLI~N ~tLL' ~ $UFFO~ COUNTY TAX M~P O/~r,(~- SECt.°~ ~0~'..~ ~0~ '~ eURVEY I$ A VIOLATION OF S[CTIO# THE NEW YORK STATE ~DUCATION I REVISIONS LOCATION Scole I ' = ~00' YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. MINOR SUBDIVISION FOR: PECONtC BAY GARDENS, INC. AT PECONIC · OWN or SOU THOLD SUFFOLK CO., N.Y. DEPARTMENT OF PLANNING Town~ of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN October 9, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant W,,n~cipal File Number Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scbtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc.,/ Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown GGN:Jk 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner V~TeRAN$ MEMORIAL HIGHWAY · HAUPPAUGE:, U. '.* NeW YO.X · 11788 Southold Town Board of Appeals MAIN ROAD- ~TATE I~OAD 2S =:r'IUTHOLD, L.I.. N.Y. llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section J00-~ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 2845 Applicant:Peconic Bay Gardens Inc. Location of Affected Land: e/s Indian Neck Lane, Peconic, NY County Tax Map Item No.: 1000-86-5-9 Within 500 feet of: __ Town or Village Boundary Line ~ Body of Water (Bay, Sound or EstuaryRichmond CPeek __ 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. COMMENTS: Applicant is requesting permission to divide property into Minor Subdivision of four 10ts and a~roval of insufficien~ frontage Copies of Town file and related documents enclosed herewith for your review. Dated: 0ot0ber 2, J98J ~(~2)j.~.~ Secretary, Board of Appeals / Addendum to Legal No~lce 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis Inland Homes (for Amelia Vaskelis) Mr. Thomas Crowley Mr. Peter Stoutenburgh (for Mr. Thomas Crowley) Mr. Frank A. Battel Mr. Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr. James R. Giambalvo Mr. James Cooper Mr. Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as arty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr Herbert J. Brown Mr Henr/ Bischoff Mr Thongs F. Mallon Mr Valentine Ruch, IV Mr Albert Schilke Ms Dorothea Shipp Mr & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals June 26, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of James R. Giambalvo (Richard J. Cron as atty.) Location of Property e/s Indian Neck Lane, Peconic, NY~ Lot #1 on Minor Subdivision Map of Peconic Bay Gardens, Inc. as filed with the Planning Board Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Eileen M. Carey, T~mporary Secretary Southold Town Board of Appeals MAIN R{3AD-~TATE RE}AD 25 SI:3LJTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION TET, 7,',' TUT:::LL ROBERT J. D0UGLASS PURSUANT TO GERARD P. GOEHRINGER N .Y. S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki Appeal No. Location of Property in Question: County Tax Map Item No. 1000- f 86-5-9 ,~ ~ Project Proposed by Appeal Application: to divide property into a Minor SubdiVision 2845 Application of: James Ro Giambalvo Indian Neck Lane, Peconic, NY 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. This project as proposed does not appear to be within the jurisdiction of the New York State Department of Environ- mental Conservation. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: July 2, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Town Clerk Bulletin Board Applicant/Agent ZBA file JUDITH T. TERRY TOWN CLERK REGISTRAR Oi VITAL STATISTICS Southold, L. l., N. Y. 11971 TELEPHONE (516) 765-1801 June 22, 1981 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Town Clerk JTT/bn Enclosures Transmitted herewith is Zoning Appeal No. 2845 application of James R. Giambalvo for a variance. Also included are noti£ication to adjoining property owners, notice of disapproval from the Building Inspector, short environmental assessment form, and wetland questionnaire. Judith T. Terr Town Clerk Today' s Date: THURSDAYr Members Absent, if any: Appeal No. 2845 Agenda Item/,~Iatter of: JULY 9, 1981 GIAMB,ALVO, ,Jame~s R. (b~ Richard J. Cron, Attorney) T}~e of Variance or Appeal: To divide property ~nto Minor Subd. of 4 lots & approval of insuff'icient frontage o-~1--~ #1 @ e/s Indian Neck La., Resolution made by: Seconded by: Action: (~Approve GCharles Robert ~awl~l ~eo~% ~ Gerard ose . rlgonls Doug[ass ~oenrmger ( ) ( ( ) ( ) as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the following conditions: Pec., NY (~/) Subject to County Plannin9 referral (F/) Subject to Planning Board approval ( ) Subject to D.E._C. r~ulations ( ) Other: Other: Not Within the Character of the Neighborhood Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denyin9 ( [..)/Granting the Relief Requested is within ( ) ( ) spirit of the zoning code (boVRelief 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 Vote of the Board: Ayes: (~O/CG (/)SD j RD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) .( ) ( ) / ( ) GG (.,')' JS ) ~) ) () ) Notes: LEGAL NOTICE OF HEAHhNOS NOTICE 1S ~ HEREBY. GIVEN, pursuant to Sectimi 267 of the T6wn Law and the Provisions.of the Amended Code'of the Town of South- old, a Regular Meeting and the following public hear~gs will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Bond, Southold, HY on Thurs- day, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vasknlls, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordin- ance, Art. m, Sec. 100-31 for permission to construct dwell- ing with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes'Estates 5ubd.. Filed Map #5357 Lot 22; Tax Map Item No. (c/o Inland Box 117, Mattituck, , Richmond 7:55 of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinattce, Art. Ill, Sec. 100-31' for permis- sion to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north Southold,B ~and State Road 2~; wea~ ~r; south b~y: Brld~e; Cumminga, I~C~ott ist ~: ~ ~ M~P~ Item ~, i~M~ Road, ~th~d (W~llam B. StaSh, 220 M~ic ~hold, ~ as agent) ~r a V~ce to the ~ning ~d~- an~, A~. V~, S~. 1~-71 ~r appmv~ of ~suffi~t ~ea and yard setback of two ~sed p~ls at ~h side of Ma~ Road, ~u~o!d (e~ parcel to DurOck), ~unded no~ by State Ro~ 25; we~ b~ DurOck; ~uth ea~ by Methodi~ ~; County T~ Map Item No. 1~-61-4-7. 8:30 p.m. Appllc~ion of David L. Mudd, No~h Road, ~uthold, ~ ~r a V~ to ~e ~n~g Ord~ce, A~. Sec. 1~-30 A & C, 1~:32 ~r p~ission to ~n~ a~es- ~ ~ed ~th ~sufficient side & rear yard Setbacks at p~pe~y located on the no~ side of C.R. 48~ ~uthold; ~ded no~ by Liables; we~ by ~ms~; ~uth by C.R. 48; ea~ by Mo~s, All~o ~d La, am; County Tax Map Item No. 1~-59-9-~8. .8:~ p.m. Application of M~k & Fr~ces C. Squkes, 88B Vanston Road, Cutch- ague, ~ ~r a Vag~ to the ~n~g ~, A~. Sec. 1~-35 ~r p~ission to e~end e~ing fence (6 feet high) ~to ~ntyard ~ea at 2495 V~on Road, Cut~- ague, ~; N~sau Po~t Subd. Filed Map ~806, Lot 357; Catty T~ Map Item No. 1~-111-6-6. 8:55 p.m. ~A~G of application-Rose D~sker, ~ 5~h StreW, A~. M,, New York, ~ 1~22 (by G~ Han~r Oisen, Esq.) ~r a · V~ to the ~ning Ord~- ~ce, ~. ~, S~. 1~-31 ~r app~val of insuffi~ent area [ ~d wi~h of two pm~sed i p~ls located at Wells Road, ~ Pe~nic, NY; ~ded no~ i by Wells Road; west by ~b~; ~uth by ~chmond ~ Creek; east by Kmeger. Coun- ty T~ Map Item No. 1~- ~-2-10 & 11. [ Dated: June 26, 1981. I ~ BY O~ER OF ~ ~E SO~T~OL~ XOWN i ~ BOA~ OF ApP~LS C~ G~GONIS, JR., ~a~ 1T, 7/2/81 (10) COUNTY OF SUFFOLK ~s: STATE OF NEW 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 sam Long Island Traveler-Watch- man once each week for ...... ~ .... weeks successively, commencing on the .....~... ............................. Sworn to before me this ......... ..~. .................. day of ....... ........... , CLEMENT J, THOMPSON NOTARY PUBLIC, State d New York No. 52-9321725 Residing In SuffMk County Commisd~n Exl~res March ~, 1L 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 n~ 7'~ n m Almlloatinn of tre, NY ( ~ . · divide oromrt~ rata Minor o~st side of Indian N~k 1 ~ne. bv ~h~mn~i w~t hv In.an ~ ~nrveyi' ~n~t hv Rieh- l~m No. 1~-~., ~OUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ...?.~.o.y..~.u..s~ .a.v.s.o..n .................. being duly Sworn, ~rr,~--.t..~,~hat ...h..e... is Printer and Publisher of the SUFFOLK ?:55 p.m. Applicatio~LY TIMES, a newspaper published at Greenport, in said James Co~pec, 8~5 Love I Mattituck, NY for a Varr~ and that the notice, of which the annexed is a printed Io the Zoning Ordinanc~ III, Sec. 100-31 for permhas been published in the said Suffolk Weekly Times to construct deck addit dwelling at 865 Love a each week, ~or . O13..~ ....................... weeks Mattituck, NY; bounded by Love Lane; west by Csively commencing on the ..... 2nd ................. Road 48~ south by Bell .~ .~ ' east by Ashton; Count~ . .. Map Item No. 1000-14 ' -- 8:05 p.m. Applicatil ........ ~.~..~..~.. Phebe M. Bridge Ei ' ~ ................ (Robert W. Oillispie, II~ to before me this . BOX 1112, Southold, ~ agent) for a Varianl ..... ..Tlll;y ...... ~i ~ ~ ~//~'~- Section 280^ Subsectim the Town Law and Varia ........................................ the goning Ordinance, III, Sec. 100-31 for appre insufficient area of pre parcel No. 1, approval ~ufficient area and wi, proposed parcel No. ~ proval of access at pr( parcel No. 3 of three pr~ HELEN K. D EVOE NOTARY PUBLIC, State of New York No 4707878, Suffolk Count~ Term Expires Ma~ch 30r 19~'~ HENRY E. RAYNOR. 3¥.. C~airrnan JAMES WALL BENNETT ORLOWSKL GEORGE RITCHIE LATHAM. Nilliam F. Mullen, Jr. Southold. N.Y. 11971 April 17, 1981 TELEPHONE 765 - 1938 Richard Cron, Esq. Main Road Cutchogue, New York 11935 Dear Mr. Cron: The following action was taken by the Southold Town Planning Board at a regular meeting held April 6, 1981. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Peconic Bay Gardens was submitted to the Planning Board on February 2, 1981, and an application fee of $100 was received on March 4, 1981, and WHEREAS, a public hearing was held on the said subdivision application and plat at the Town Hall, Southold, New York, on March 17, 1981 at 8:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, Now, therefore, be it RESOLVED that the application of Peconic Bay Gardens for approval of said subdivision plat prepared by Young and Young dated October 24, 1980 be approved subject to the following: 1. Consideration of the conditions of the Suffolk County Planning Commission. 2. Variance from the Zoning Board of Appeals for the insufficient width of Lot 1. Yours truly, S~. SHORT E~iyIRONk{ENIAL'ASSESSMENT FORM INSTRUC IONS: ' ' · -.-' -------~) I~ order to answer the questions in thxs short EAF it is assumed ~ that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) 1£ all questions have been answered No ii is likely that this project is (dj significant. Environmental Assessment Will project result"in o large physical change to the project site or physically alter more than 10 acres of land? ........................ 15o Is ther~ publ~o~troversy concernin9 the project .... ./r .... />~..~ ..................... · , YesX REPRESENTING ~s R. Giambalvo' DATE ~y 11, 1981 Yes X No 2. Will there be o major change to any unique or ......... Yes. X NO -unusual land form found on the site? .. 3. Will project alter or have a large' effect on existing body of water?...: ............. Yes X ND 4. Will project have o potenlzally large ii~;~ ' Yes X'No on groundwater quality? ....................... 5. Will project significantly effect drainage flow on adjacent sites? ....................... / Yes,X NQ 6. Will project affect any threatened or Yesx No endangered plant or animal species? ........... . 7. Will project result in o major adverse effect on air quality? .............. - ......... .. .... .. . YesX No 8. Will project have a major effect on visual character of the community or scenic views or. vistas known to:be important to the community?. YesX No 9. Will project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site designated 05 o critical environmental oreo by lo 1 g y? ................ ~' YesX No lO. Will project have o major effect on existing or future recreational opportunities? ......... Yes~ No 11. Will project result in .major traffic problems o~ cause a major effect to existing SX transportation systems? ....................... Ye No 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or electrlcol disturbance os o result of the project's · lion? ' · YesX No opera ..................................... 13. WillProject have any impact on public health or.safely? .... - YesX No directly causing o growth in permanent population of more than 5 perce0t over a one year period or hove o major negative effect on the charoc-{'er o~ the community or X Yes No neighborhood? ................................. ,, No To: Re: Southold Town Board of Appeals Main Road 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 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.* not appear to [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] (X) ( ) ( ) TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. n.T~ l~'~--t~, 1981 · ............. ' .......................... ........................... C...u..t..c...h..o..~..u...e. ............................................... ~,,e.~....~.o...r..k. ...... ~Rt~Y APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON NOTICE OF DISAPPROVAL ~10 [~[ ~3 ~ ~ .................................... DATED ...... .~...a.~ .......... ,,.....]:.9...8..1.. ............... ," WHEREBY THE BUILDING INSPECTOR DENIED TO . JAMES R. GIAMBALVO Name of Applicant for permit of ...7...2.....C..o...~..u.m.b..t..a.... ~..o..a...4 ......... ~.o...c..k.v..t..t...Z..e....C.e...n..c...r..e. ....... ...~.. ............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY .I..t~.~.~:~.~l..~e~..q.k....~.I~3...tl.e.~.~.~e"c~..~.~.1..q....-~.~.'.'..A.~'.'"~g.e..s..~9~p~.~1 Minor Subdivision Map of Street Use District on Zoning Map ~..e..c...°.~.t..~..?. Z..~..a.~.a..?.~.,.....z.~.:..-.....z. ............. 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.) Article III - Section 100-31 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 (b~k(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 Ordinance ( ) is requested for the reason that LOt designated One on Minor Subdivision Map of Peconic Bay Gardens, Inc. fails to meet the required width of 150 feet at the 50 foot building setback line. l~orm Zml (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficultiesor unneces- sary HARDSHIP becau~ applicant has secured recent approval from the Planning Board of the Town of Southold of a four lot minor subdivision, all of which lots contain an area substantially in excess of the 40,000 sq.ft, area required by the Southold Town Zoning Ordinance. In addition, each of the lots in the minor subdivision have 150 feet of width at the 50 foot building setback line with the exception of Lot #1 which has a width of 135.38 feet. The lot in question contains an area of 1.960 acres. This is an area which is substantially greater than that required under the Southold Town Zoning Ordinance. To deny the area variance concerning the width of the lot would cause great hardship and practical difficulty to the applicant. In this regard, it would necessitate restructuring this large area of acreage into three residential lots all of which would be substantially in excess of 2 1/2 acres and containing widths substantially in excess of 150 feet required by the Ordinance. The variance in the width requirement is not substantial~ to wit: 135.38 feet in relation to the 150 foot requirement. The granting of the variance would not result in any increased populat£on demsity. ~ sub~tamtial change i~ the~eighborhood, woul~ not result from the grantzng of the varzance ana wouta cause no 2. The hardshipcreatedis UNIQUE ond isnotshared by all prope~ies alike in the immediate vicinity ofthis property andinthis use district because the condition affecting Lot #1 on the minor subdivision map is peculiar to that parcel and does not have application to other land in the vicinity. substantial detriment to adjoining property owners. That as heretofore indicated, no feasible alterna tive exists for the applicant to elimi- nate the need for a variance. On the basis of the foregoing, the interest of justice would be served in this instance by the granting of the variance. 3 The Variance would observe the spirit of the Ordinance and WOULD NO'I' CHANGE THE CHARACTER OF THE DISTRICT because the subject application deals solely with an area variance. STATE OF NEW YORK ) ss COUNTY OF SL1FFOLK ) '~ Richard J. Cr~ ~s att~rn~ fpr. oames ~. ~lamDa£vo Swom to this .................................. day o{ ...................................................... 19 81 NOTARY PUBLIC, State of New York No. 52-4665418, Suffolk County ~omrnislion EXpires March ~10, ~9~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the~Matter of the Petitiorl of JAMES R. GIAMBALVO, to the Board of Appeals of the Town of Southold TO: GERTRUDE DUCHOW Indian Neck Lane Peconic, N.Y. 11958 JAMES HARVEY 50 Wellesley Lane Hicksville,N.Y. 11801 NOTICE RICHARD A. SCHLUMPF 32 Curtis Path E. Northport NY 11731 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) ,0~.~~X 2. That the property, which is the subject of the Petition is located adiacent to,your I~.rope.rty and i_s des- cribed as follows:. Lot ~1 on .Minor Subdivi~n Map of Peconic ~ay ~ar~ns, inc. as filed with the Plannzn~ Board of the Town of Southold / 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural 4. That by such Petition, the undersigned will request the following relief: Width variance $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are: ARTICLE III - Section 100-31 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 Southo[d 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: 19 81 as atty. CuCchoKue NY 11935 NAME Gertrude Duchow James Harvey Richard A. Schlumpf PROOF OF MAILING OF NOTICF ADDRESS Indian Neck Lane, Peconic, N.Y. 50 Wellesley Lane, Hicksville, N.Y. 11958 11801 32 Curtis Path, East Northport, N.Y. 11731 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: JA~/~: W. FLA~TL~Y , residing at Nattituck~ New York , being duly sworn, deposes and says that on the 15th day of ~ ~)u-~u~z- ,19 151 , 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 Cutchogue ; that said Notices were mailed to each of said persons by (certified) :(:eeabdra~d:~ mail. Sworn to before me day of j-~-~J~ RICHARD J. ROll IqOTARY pUBLIC, State of New york --NO. 52-5861280 ' Suffolk County C, onwnl~ion ExlMres March 30, 19.~ ~is 15th BOARD OF APPEALS, TOWN OF SOUTHOLD , In the Matter of the Petition of : JAMES R. GIAMBALVO : to the Board of Appeals of the Town of Southold : TO: JOHN and HARTRA PONTINO Indian Neck Lane Peconic NY 11958 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) (:flllel;/ek,~x~a:~l~m~/al~Sr~H~k~xeliefc ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Lot #1 on Minor Subdivision Map of Peconic Bay Gardens. Inc.. as filed with the PlanninK Board of the Town of Southold 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and A~_rlcultq~l 4. That by such Petition, the undersigned will request the following relief: Wid th variance 5. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- signed are A~.J.cle TII Sec~/.c~ 100-31 a,nd 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, $outhold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 24, 1981 Petitio.er - James R. Giambalvo by Richard J, Cron, as atty. . Post Off, ce Address Main Road CutchogUe, 'NY 1~1 35'5 NAME PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS John and Martha Pontino P19 3 5 ! B 8 9 0 FOR CERTIFIED MAll. NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL (See Reverse) Tohn & Martha Pontino ST~EET~ID NO zno~_an Neck Lane Peconze ~ 11958 CERTIFIED FEE ~ ~ DEL~W~V ~ ~ SUOW~OW~6m~DD~ ~ SROW TO WHOM ~DATf~NO 1981 7 Indian Neck Lane Peconic, NY 11958 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: James J. Cron , residingat New SUffolk NY , being duly sworn, deposes and says that on the 24th day of June ,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 Cu tc ho~ue (certified) (registered) mail. Sworn to before me this 24th ~/ \ Notary Public / ; that said Notices were mailed to each of said persons by JANE FLATLEY' - NOTARY PUBLIC, State of New York No. 52-4665418, Suffolk County Commi~aion Ex~ires March 30, gP8 MATCH LINE z ,