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HomeMy WebLinkAbout1632 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To '/'~V' .J.777..~. ~.V .............. PLEASE TAKE NOTICE that your application dated . ,.-~2 .~'~.~..~?~ ..... ~., 19 .~.t{.. for permit to construct ..... O./..W.~... ~.~.~.4Z.-.7..../~)'.~4~...~.~.'.~.~./.c~.c.~ .................. at Locat,on of Property ................ ~l ........ X~. ~..'~ ..... ~F/FAVQ~/ ~ House No. ~ · / Street ~amlet County Tax Map No. 1000 Section ./.~ ....... Block . ~ ~ Lot ~[~7 Subdivision... -- Filed Map No. '---' Lot No .................. is returned herewith and disapproved on the following ~ounds ~f~..(-'.~ 5.5./f~,,Of.'r .......... A/~.~ ..x¢o. 7. ~.~. z..~,//2~dc~:~.-~..70..-TA,-~..~.~.',57¢.-,./~c~-;~'~. F.~. o.~.. ~.x~-¢ ~..~x. ~.~.,.. ~:.~... ~..~...x. ¢/.~. z~..~.~ ,....-.-....~ ........... / ................ : ...... ? .~...~x: ........ Bi~ilding Inspector RV 1/80 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 2 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A. Geselle, 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. 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), 100-118E, 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.  25 p.m. App~cation of Frank E. Brophy, 75 Second Street, New Suffolk, NY~or a Variance to the Zoning Ordinance, Article / III, Se~iont00-31, Bulk Schedule, for permission to construct \ / deck addi~n to dwelling with an insufficient front and side yard se~ac~at 75 Second Street, New Suffolk, NY; bounded north by G~hwohl _~ano.; west by ~artin; south by Wetzel, Grathwohl ~oa0~_~;17~2~econd Street, County Tax Map Parcel No. ~:~'~p.m. Application of Ernest E. Wilsber~, 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). ~:~ ~ p.m. Application of Edward R. Yanke, 31 Summit Drive, Smithtown, NY for a Variance to the Zoning Ordinance, Article Page 4 - Legal No~e of Hearing g 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 p.m. Application of Arthu__r M__~. Schwart____~z, M.D. by chard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance( Section 280A, Subsection 3 of New York Town Law, and Article~ V, Section 100-141(B), for approval of access. Location of operty: Right-of-way off Westphalia Road, Mattituck, NY; unded 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. TraveTer-Watchman and Suffolk Times, Inc. 11/16/81. Legal Notice Page 2 Location of property: south side of Island View Lane, Greenport, bounded north by Island View Lane; east by Stemmler; south by the Creek; west by Englehardt. 8:15 P.M. (E.D.S.T.), upon application of Richard Freyherr, 530 Columbus Avenue, East Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to construct dwelling with insufficient living area and side yard. Location of property: west side of Third Street, New Suffolk, New York, bounded north by Kupp; east by Third Street; south by Yetter and others; west by W. Shibley. 8:30 P.M. (E.D.S.T.), upon application of Ruth Sloan Gimbernat, Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 30] and Section 280A of the Town Law, for permission to divide property with insufficient frontage. Location of property: north side of Westphalia Avenue, Mattituck, New York, bounded north by the Creek; east by Worthen; south by Rosanen; and west by Bubier. 8:40 P.M. (E.D.S.T.), upon application of Robert Cooper, Osprey Nest Roa~, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to build addition on existing dwelling and reduced setback. Location of property: s~th side of Osprey Nest Road, East Marion; Lot %9, Map of Cleaves Point, Section I. 8:50 P.M. (E.D.S.T.), upon application of Marcus Bryan and Joanne Bryan, 108 Wedgewood Drive, Coram, New York, for a variance NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk Cotmty, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 10, 1972, on the following appeals: 7:~ P.M. (E.D.S.T.), upon application of Alan Cofgreave, Huckleberry Hill, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: Huckleberry Hill, East Marion, New York, bounded north by Right of Way, Wenk and others; east by other property of the applicant; south by Peconic Bay; and west by LeBar. 7:45 P.M. (E.D.S.T.), upon application of John LaBor, R.D. No: 1, Box 53, Stroudsberg, Pennsylvania, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Section 280A of the Town Law, for permission to divide with less than reqnlred area and 'frontoge on unapproved.road. .... Location o! property: west side of Bay Avenue, East Marion, New York, bounded north by Marion Lake; east by Cotgreave and Wenk; south by Peconic Bay; west by Edwards Estate. 8:00 P.M. (E.D.S.T.), upon application of Michael N. Carlucci, 240-27 Van Zandt Avenue, Little Neck, New York, for a variance in aecordance with the Zoning Ordinance, Article III, Section 300 C-2 and 302, for permission to replace existing accessory building with an enlarged building and reduce side yard. Location of property: south side of Island View Lane, Greenport, boanded north by Island View Lane; east by Stemmler; south by the Creek; west by Engiehardi. 8:15 P.M. (E.D.S.T.), upon application of Richard Freyherr, 530 Cal~mbus Avenue, East Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to construct dwelling with insufficient living area and side yard. Location of property: west side of Third Street, New Suffolk, New York, bounded north by Kupp; east by Third Street; south by Yetter and others; west by W. Shibley. 8:30 P.M. (E.D.S.T.), upon application of Ruth Sloan Gimbernat, Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Section 2S0A of the Town Law, for permission to divide property with insufficient frontage. Location of property: no~'th side of Westphalia Avenue, Mattituck, New York, beended north by the Creek; east by Worthen; south-by Rusanon; and west by Bubler. 8:40 P.M. (E.D.S.T.), upon application of Robert Cooper, Osprey Nest Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 303, for permission to build addition on existing dwelling and reduced setback. Location of property: south side of Osprey Nest Road, East Marion; Lot No. 9, Map of Cleaves Point, Section 8:50 P.M. (E.D.$.T.), upon application of Marcus Bryan and Joanne Bryan, !o~ We~ewond Drive, Coram, New York, for a variance in accordance With the Zoning Ordinance, Article III, Section 301 for permission to divide property With insufficient frontage and area. Location of property: Lots No. 2 and 3, Map of' Birch Hills, Glen Court, Cutchuguc~ New York, Map No. 9:05~P,M:. (E.D.S.T.), upon application of George Ahlers, 855 Eugenes Road, CutchugUe, New York, for a variance in accordance with the Zoning OrdinanCe, Article III, section 301, for permission to build addRion on existing dwelling with less than required rear yard area. Location of property: north side of Eugenes Road, Cutchogue, New York, boanded north by Zabriski; east by Eriksen; south by Eugene Road; west by Ward. 9:30 P.M. (E.D.S.T.), upon application of Ellsworth C. Grathwohl~ Nassau Point Roacl, Cutchugue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sul~eetion I~14, for permission to hold a yard ~le on September 1' and 2, 1972. Location. of property: Lot No. 157, Map of Nassau Point, Cutchpgue, New York. 9:35 P~M~ ;(E.D.S.T.), upon applieatlen of Julia D. Hall, Main Road, Orient, New York, for a Special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on August 12, 1972. Location of property: north side of Main Road, Orient, New York, bounded north by E. Adams; east bY A. Cockeriti; soutlX by Main Road; west by Ri~t of Way and Monroe. 9,.40 P.M. (E.D.S.T.), upon application of John end Adelaide Dabrowski, Mary's Road, Mattituck, New York, for a special exception in accordance . with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for p~,,ission to hold a yard sole on August 26, 1972; rain date August 27, 1972. Location of property: west side of Main Road, Mattituck, New York. Lots No. 32, 33, and 34, Map of Garden Heights, Mattituek. 9:45 P.M. (E.D.S.T.), upon application of Elizabeth K. Froede, Box 125, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on August 19, 1972; rain date August 20, 1972. Location of property: north side of North Road, Southold, New York, beunded north by Sawicki; east by Droskuskl; south by North Road; west by Suwicki. S:50 P.M. (E.D~S.'~.L .upen. application of Anita P~lko, 6075 Pequash Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article HI, Section 300, Subsection B-14; for: permission to hold a yard sale on August 12, 1972; rain date August 13, 1972. Location of property: southeast corner Pequash Avenue and East Road, Cutchugue, New York, beanded north by East Road; east by Bollhaefer; south by Bolthaefer; west by Pequash Avenue. 9:55 P.M. (E.D.S.T.), upon application of Thnlia Ciaputa, Soundview Avenue, Southold, New York, for a special exception in accordance with the Zoning ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on August 26, 1972; rain date August · 27, 1972, Location of property: bonnded~north by Michel; eastby . Right of WaY; south by Donapria; ~by Donapria; Seuthold, New York. 10:00 P.M. (E.D.S.T.), upon application of Mary Cecchial, Lake Drive, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section ILK. 300, Subsection B-14, for permission to hold a yard sale on J August 19, 1972; rain date August 25, 1972. Location of property: .*..D.P?m..aP ........... being duly Sworn, south side of Lake Drive, Southold, New York, bounded north by Lake Drive; east by A. Orr; south by Great Pond; west by Silverstein. 10:05 P.M. (E.D.S.T.), upon application of Harold and Esther Whol, Oak Street, Eugene Heights, Cutchogue, New York, for a special exception in s Printer and Publisher of the SUFFOLK newspaper published at Greenport. in said notice, of which the annexed is" printed fished in the said Suffolk Weekly Times ~ ....... .qn. 9...~. ............ weeks accordance with the Zoning third Ordknance, Article III, Section IlCin~ On ~e .......................... 300, Subsection B-14, for L~72 permission to hold a yard sale on ~' ' ' ~-; '~ L' -~-' ~ ' August 12 1972 rain date August 7'//~f'~ ~ ~ --t ........ 19, 1972. Location of property: '? ..................................... o east side of Oak Street, .~ this . ..~ ....... l Cutchogue, New York, Lots No. 24 and 25, Map of E~gene Heights; Cutchogue. 10:10 P.M. (E.D.S.T.), upon application of G.T.G. Post American Legion Auxiliary, Main Road, Seuthold, New York, for a special exception in accardancie with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold an Antique Flea Market Sale on August 19, 1972; rain date August 20, 1972. Location of property: G.T.G. American Legion, Main Road and Tucker Lane, Southold, New York. 10:15 P.M. (E.D.S.T.), upon application of Goose Bay Civic Association, Oak Avenue, Southold, New York, for a special exception in accordance with the Zoaing Ordinance, Article III, Section 300, Subsection B-14, to hold a yard sale on August 12, 1972; rain date August 13, 1972. Location of property: Cedar Avenue and Oak Avenue, Goose Bay Estates, Southold, New York. 10:20 P.M. (E.D.S.T.), upon application of Old Cove Yacht Club, Old Harbor Road, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sole on August 11, 1972; rain date August 12, 1972. Location of property: Old Cove Yacht Club, end of Old Harbor Road, New Suffolk, New York. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: July 2~, 1972 BY ORDER OF THE BOARD OF APPEALS and Wenk; sout~ by Pecenic R~y; west by Edwards Estate. 8:00 P. M. (E~ST). upon ap- plication of Michael N Carlucci, 246-27 Van Zandt Avenue, Little Nqck, New York, for a variance in accordance with the Zoning O~ce, Article HI, Section 30~ ~:2 and 302, for permission to ~ yeplace existing accessory bu~l~g with an enlarged build- ing~d reduced side yard. Loca- tion. of property: south side of Island View Lane. Oreenpori, boupded I~orth by Island View ~'~Lane ~ast by Stemmler: south :~y thy Creek: west by Engle- 8:1~ !P. M. (ED~TL upon ap- plication of Richard 1~reyhel'r, 930 Columbus Avenue~ East Pat- chogue, New York, fei' a variance in accordance with the Zoning Ordinance, Article III. Section 301', for permission to construct dwelling with insufficient living area and side yard. Location of property: west side of Third Street~ New Suffolk, New York, bounded north by Kupp; east by Third Street; south by Yetter and others; west by W Shibley. plication of Ruth Slean OJm- bern~t~ :Westpl~alia Ro~d, tuek~ New York f~l'~, variance in accordallce with~i~he'zol~ing~ : Ordinance, Article IIL Section 301 and Section 2~0A ef the Town Law, for permission to~ divide property with insufficient front- age. Location of property: north side of Westphalia Avenue, Mat- tituck, New York, bounded north by the Creek; east by Worthen; south by Rosanen: and west by Bubier. 0:40 P. M. IEDSTt, upon ap- plicatior~of Robert Cooper. es- Say York for a variance in ac~ ' ~'cordance with the Zoning Ordi- nance. Article III, Section 303, for permission to build addition on existing dwelling and reduced setback. Location of property: south side of Osprey Nest Road, East Marion; Lot No. 9, Map of Cleaves Point, Section L 8:50 P. M. (EDST), upon ap- plication of Marcus Bryan and J6anne Bryan, 108 Wedgewood Drive, Coram, New York, for ~ variance in accordance with the Zoning Ordinance, Article III, Section 301 tel' permission to divide property with insufficient frontage and area. Location of property: Lots NO. 3 and 3. Map of Birch Rills, Glen Caurt, Cut- chogue, New York, Map No. 4908 9:05 P. M. (EDSTL upon ap- plication of George Ahlers, Eugene~ Road, Cutchogue, ,Hew York, for a variance in accord~ ance with the Zoning Trdinance. Article RI, Section 301, for per- mission to build addition on ex- isting dwelling with less than re- quired rear yard area. Location of property: north side of Eu- genes Road. Cutchogue. New York. bounded north by Zabri- ski; east by Eriksen: south by Eugenes Road; west by Ward. 9:30 P. M. IEDST!, upon ap- plication of Ellsworth C Grath- whoL Nassau Point Road. Cut- chogue. New York. for a special exception in accordance with tim Zoning Ordinance~ Article III, Section 300, Subsection B-14, for permission to hold a y~rd sale on September 1 and 2, 1972. Lo- cation of property; Lot No. 157. Map of Nassau Point, Cutchoeue, New York. 9:35 P. M. tEDSTL upon ap- Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance. Ar- ticle III. Section 300. Subsection B-14, for permi.~ion to hold a yard sale on August 12 1972. Location of property; north side of Main Road. Orient, New York. bounded north by E, Adams; by A. Cockerill; south by Mab~ Road; west by Right of Way and monroe i~ Ordinance, Artlci; IlL Sec- tion 300. Sub~ection B-14, f?r perml~ to hold a yard sale on Au~ ,~ 26, 19'/2; rain date AUgUSt 27, 19'/2. Location of property: bounded north by Michel; east by Right of Way; south by Donapria; west by Don- apria; Southold. New Yorl~ 10:00 P. M. (EDST), upon ap- plication of Mary Cecchlnl, Lake Drive, Southold, New York. for a special exception in accordance with the Zoning Ordinance, Ar- ticle .iIl, Section 300, Subsection B-14, for permission to hold a yard sale on August 19, 1972; rain date August 25, 1972; Loca- tion of property: south side of L~ke Drive, Southold, New York, bounded north by Lake Drive: east by A. Orr; south by Great Pond; west by Silverstein. 10:05 p. M~. (EDST), upon ap- : SUFFOLK ~ ss: qEW YORK Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MA'I-FITUCK WATCHMAN, a public news- J at Southold, in Suffolk County; ond that which the annexed is a printed copy, has been ~said Long Isiond Zmveler-Mattituck Watch- th week for .........~..~...f./..~.... week/ir plication of Harold and Esther ~ommencino on the .......................... Whol, Oak Street. Eugene Heights, Cutchogue, New York. for a special exception in accord- ~.~..~'. ........ , ] " ance with the Zoning Trdinance. f/ /Ti , /7~' ~~ ' ' Article IlL Section 300, Subsec~ tion B-14, for permission to hold a yard sale on August 12, 1972; ................................ rain date August 19, 1972. Loca- tion of property: east side of Oak Street. Cutchogue, New York, Lo~s .N~, 24 and 25,'Ma~ of Eu- gene Heights, Cutchogue. 10:10 P.M. tEDST), upon ap- plication of G. T. G. Post Amer- ican' 'Legion Auxiliary, Main Rc~d. Southold. New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III; Section 300, Subsection B-14, for permission to hold an Antique Flea Market Sale on August 19, 1972; rain date August 20, 1972. Location of property: G. T. G. American Legion, Main Ra~d and Tucker Lane. Southold. New York. 10:15 P. M. (EDSTL upon ap- plication of Goose Bay Civic A~- sociation. Oak Avenue. Southold. New York. for a special exception in accordance with the Zoning Ordinance, Article I~I, Section 300. Subsection R-14. to hold a yard sale on August 12. 19~2: rain date August 13. 1972. Location of property: Cedar Avenue and Oak Avenue. Ooose Bay Estates, Southold, New York. 10:20 P. Iv~. (EDSTL upon ap- plication of Old Cove Yacht Club. Old Harbor Road, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for per- . mission to hold a yard sale on August 11, 1972; rain date August 12. 1972. Location of property: Old Cove Yacht Club, end of Old Harbor Road, New Suffolk, New York. Any person desiring to be heard on the above apDlications should appear at the time and place specified. Dated: July 28, 1972 BY ORDER TP THE SOUTROLD TOWN BOARD OF APPEALS 1T--8-~ orn to before me this .......... ~ ........ day of ................ .._. ............ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 10, 1972, on the following appeals: 7:35 P. M. (EDST), upo~ ap- plicantion of Alan Cotgre~v~ Huckleberry Rill, East Marion, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 901, for permissidn to divide property with less than required area and frantage. Location of property: Huckleberry Hill, East Marion, New York, bounded north by Right of Way, Wenk and others; east by o~ther property of the ap- plicant; south by Peconic Bay; and west by Lebar. ?:45 P. M. (EDSTI, upon ap- plication of John Le Bar, R. D. No. I, Box 53, Stroudsberg, Penn- sylvania, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, SectiOn 301 and Section 280A of the Town Law, for permission to divide with less than required area and frontage on unapproved road. Location of property: west side of Bay Avenue~,,Esst Marion. New ~'ork, bounded north by Marion Lake; east by Cotgreave ' ~J~40 P. M. CEDS~)~ upon ap- p!ication of John and Adelaide Dabrowski, Mary,s Road, Matti- tuck, New York, for s special exception in accordance with the Zoning Ordinance. Article III, Section 300, Subsection B-14, for on August 26. 1972: rein date August 27. 1972. Location of Road. Mattituck, New York. Lots No. 32, 33 and 34, Map of Garden Heights, Mattituck. 9:45 P. M. iEDSTL upon ap- plication of Elizabeth K~ Froede. Box 125. Southold. New York, for with the Zoning Ordinance. Ar- ticle III, Section 300, Subsection B~14, for permission to hold a yard sale on August 19, 1972; rain date August 20, 1972; Loca- ti'on of property: north side of North Road, Southold, New York, bounded north by Sawickl: east by Droskoskl: south by North oad; west by Sawicki. 9:50 P. M. (ED~T), upon ap- n]ication of Anita Pylko. 6075 York, for a special exception in accordance with the Zoning Or- dinance, Article ITL Section 300, Subsection B-14, for permission to hold a yard sale on August 12. 1972: rain date August 13, 1972. Location of property: southeast corner Pequash Avenue and East Road, Cutchogue, New York, b~unded north by East Road; east by Bollhaefer: south by ]]ollhaefer: west by Pequash Avenue. 9:~5,~ P. M. CI~)ST). upon ap- pli.c-a~0n of Thalta Claputa. S~undvtew Avenue, Southold. New York, for a special excep- tion in accordance with the Zon- FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y, NOTICE OF DISAPPROVAL File No ................................................................... Date ........................ ../~-.4~.-~., 19.2..~ To ..................... .... ~.~...g...~ ......... P~...~....~...L_. PLEASE TAKE NOTICE that your application dated .............. ~w......~....~ ...... , for permit to'~'~let~.~.....~ ......... at the premises Ioc~ed at..~.l,...(~,.....(,,,,J ........ ....~...~ .~. :...~....c...,,~.~... ....... ..~...~.L ......... Street "~p~ Map )k.. BlOCk ~ Lot ...... ,~... ..................................... is ;=;-.,.~J: ..... ;,; .... ~ disapproved on the following grounds ....... .................. ~ ....... ~ ......... ~: ........... ~...,.,,...~.......~..,~.~....'...4. ................................ ....................................... . ....... ~ ......... ~..~...z ............................................................... Building Inspector t TOWN OF SOUTHOLD PROPERTY RECORD CARD / ' /-/~-3 3 OWNER STREET VILLAGE DIST. SUB. LOT FORMER_ OWNER, N S W ~PE OF BUILDING RES. --O-~ND SEAS. IMP. VL. ~ IFARM TOTAL DATE Tillable Woodland Meadowland ~ COMM. CB. MICS. Mkt. talue REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH House Plot I , BULKHEAD Total [ j Southold Town B rd.o£ ppeak! MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) ~65-1809, APPEALS BOARD MEMBERS CHARLES GRIGON1S, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER October 20, 1981 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 1632 Location of Property: Mattituck, NY Right-of-Way off WestphaLia Road, Dear Mr. Cron: With reference to our discussion concerning the access road to the subject parcel, please be advised that it is the consensus of the board members taken at a Regular Meeting held October 15, 1981, that the access road be improved according to the attached specifications, which are normal conditions placed by this Board in approving access roads. CG:lk Enclosure cc: Dr. Arthur M. Schwartz, M.D. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN Southold Town Building Department RESOLVED, of access to one approved subject that rights-of-ways, private roads or other means or more parcels of land or buildings be to the following requirements: Such access road shall'have a width of not less than 15 feet. Such access road shall be cleared of all trees, brush and other obstructions t'o a width of 15 feet. Such access road shall be improved methods: (a) Surfaced with a minimum depth in E~THER of the'following of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and th~n filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter inch stone blend, or in the alternative, oiled with a minimum of four-tenths of a gallon of road oil per square yard. No building permit shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein, have been complied with. ARTHUR M. SCHWARTZ, M.D. 13 Welwyn Road Apt, I-D Great Neck, New York 17021 (576) 487-6oa8 Oct 7, 1981 Dear Mr Grigonis, Firstly, I want to thank you for your patience with my many phone calls to your home concerning the problem of the access-road which comes off of Westphalia in Mattituck. The access-road leads to our propertyl district lO00,section ll3. block09.0 , lot OlO.OO1. And, as of this afternoon I learned from Mr. Hinderman that a "building-permit" has been denied because the road was not found to be suitable for travel of emergency vehicles. From my conversation with you, following the Board of Appeals inspec%ion of the access-road'last Sat morning, Oct 3,1981 my understanding is that a number of trees which line the roads edge make travel difficult. Furthermore, it is as I understand the Boards recommendation that these trees be removed if the road is to comply with the requirements of the Town of Southold. I have talked with other property owners along the road and have written to Mr Charles Berner who is also a property owner 'but has no published phone number. I have the per- mission of the other owners to remove the necessary trees and am waiting to hear from Mr. Berner. At this time, I would very much appreciate the Board ~ the trees which they regard as hazardous for free t~a've~ong the access road. I will then make the necessary arrangements to fulfill the recommendations. Mr. Hinderman had suggested that I mention to you that 280-A of the code had not been followed thru by Gimbernat and that no report is on file. Mr. Roy Stakey is the builder and is ready to proceed as soon as a permit is issued.We are anxious to start and make as much progress as possible before cold weather sets in. I realize the reasonableness of your determination about the road and protection for my hmme and family. Thank you for any further assistance with this matter. H~8-~d~iand Road Dou~laston., N.Y. 11363 ..y 2tours, Arthur M. Schwartz, M.D. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 October 9, 1981 Board of Appeals Town of Southold Main Road Southold, New York Re: Appeal #1632, dated August 26, 1971 Gentlemen: We have received an application for a building permit to construct a one family dwelling on lot approved under Town Law 280a with conditons. Condition #1 stated that access be approved by the Building Inspector. To my knowledge, this was never done, there is nothing in the file to indicate approval at that time from the Building Inspector nor any copy of notice sent out requesting this inspection. Subsequently, on the 22nd of Appeals passed a resolution private roads providing access day of March 1979, the Board establishing requirements for to lands and buildings. I have had to disapprove the application for building permit due to the access road not being approved. I have received several calls from the contractor and owner who can't seem to understand the problem since there are others using this R. O. W. Since the Building Inspector no longer approves these access roads. Please advise as to what I should tell the applicants if they should contact our department requesting issuance of building permit again' '~~~l.~y~~~ .,. ~~Y s truly~ Edward F.~/Hindermann Building & Housing Inspector EFH:jd April 22, 1976 Williamwiokham, Es % Wickham & Lark P.C. Main Road Mattituok, N. Y. 11952 Ret Berner fr. Gimbernat Dear Mr. Wickham= Your letter addressed to Mr. Howard Terry, dated April 15, 1976, re. Gimbernat variance %1632 was turned over to Mr. Gillizpie for his attention. He reviewed the August 10, 1972 minutes which was the date the public hearing was held. A decision was postpone~! to August 24, 1972 and I believe you have a copy of that action. Permission to divide property was granted, as applied for, with access to thkse paroel~ over the present traveled road az described in Young & Young survey dated July 25, 1972, %72-535, subject to the following conditions= Access to be approved by the Building Inspector. Approval of this accesz is also subject to applicant having or obtaining legal access over the route herein approved. Mr. Glllispie also saw the new survey of Young a Young, dated April 5, 1976, J76-166 and stated to me that there is a 15 foot access parallel to the southerly property line; and that the property complies with the zoning regulations of the variance granted August 24, 1972. Yours truly, Marjorie McDermott Secretary WICKHAM &LARK, r,.c. April 15, 1976 Southold Town Board of Appeals Town Clerk's Office Main Road Southold, NY 11971 Attn: Mr. Howard Terry Re: Berner fr. Gimbernat Dear Howard: You may recall that. I spoke to you about this matter previously. I am now enclosing a survey of the property and would like to have a letter from you stating that the prop- erty complies with the zoning regulations of the variance granted July 26, 1972. Very prdially yours, W± m February 11, 1976 William Wickham, Esq. Wickham & Lark Main Road Mattituck, N. Y. 11952 Dear Mr. Wickham= I am enclosing copy of Action of the Zoning Board of Appeals and copy of survey on Appeal No. 1632, Ruth Sloan Gbmbernat, as you requested. Our Town Clerk informs me that the charge for the enclosed copies is $2.00. Sincerely, ~mm Enclosures February 13, 1976 William Wickham, Esq. Wickh~am & Lark Main Road Mattituck, N. Y. 11952 Dear Mr. Wickham~ Enclosed is copy of application to the Zoning Board of Appeals from Ruth Sloan Gimbernat, dated July 26, 1972, Appeal No. 1632. The fee for the enclosed copy is $1.00. Sincerely, :mm Marjorie McDermott Enclosure Secretary TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y. Name of Appellant ............. ..~..I..~...~.f..~..../....~..?....~..~.~ ....................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlL.DING, INSPECTOR ON ............ ...... ........... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY "' 'v Street /4// ~_z./__~e Di§tri~t o,n Zoning Map ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section an~J Pccg~raph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin<:nce or Zoning Mop A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 APPEAL A previous appeal (~ (has not) been made with respect to this decision 4. PREVIOUS 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 ...................................................................... ((~) A Variance to the Zoning Ordinance is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 Form ZBI (Continue on other side) REASON FOR APPEAl_ ~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saryHARDSHlPbecause ~t~' ~Z~,_~¢.~.~_,,¢' -~'~__.4,~~ ~_~7~ 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in tl~_ immedlat~ v~cm~ty of tbs property and ~n thru use dmtnct because ~ ,cc ~¢. ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF Suffolk ) ss Sworn to this ........... 2~;gb. ......................... day of ........ ~14~.y. ...................................... 19 72 Notary Public ~AD~L'fN M. BAK'EIt NOTABY PUBLIC, State o! New York HO. 52-0138~00 - Su~folk County Torm .,~Cl~rea ~ch ~, 1973 C~T YO~ ~ BEFORE SlON~G THI~ I~[~Tr:~'*~ff~ .-THI~ 3~STRU~f SHOULD g~ USED BY LAWYEES OMY. ~ ~DE~, m~de the 22nd d~y o~ August ,~,~,'n hund,~d ~nd seventy-two, ~N RUTH S~ GIVE,AT, residing atAWestphalia Road, ~ttituck, N~ York, pa~ 0! the first pa~. and JOSEPH G · MUNZ, Great Neck Estates, New York, residing at 6 Merrilees Circle, or su~es.so~ Md a~s~ o{ ~e ~0'. ~ the s~on~ p~ {orgy., ~I.L that ~zlaln plot, pi~e or par~[ of land, with the buildings Md imp~vem~ ~t~a eisa..d, Si~ lyi~mt~~ at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ; ~ BEGI~%qINC a~ a point forme~ by the intarsection of the southeasterly corner of the hereinafter described premises with the southwesterly side of land now or formerly of Map of Point Pleasant, file %720, and the northwesterly side of land now or formerly of Kenneth G. Brown, said point being distant the following two courses from the northerly side of Westphalia Avenue: (1) north 70 degrees 45 min- utes 00 seconds east, 551.60 feet; (2) north 70 degrees 45 minutes 00 ~econds east, 253.24 feet to the true point or place of beginning; run~ing thence along the division line between the southeasterly side of the subject premises and the northwesterly side of lands now or formerly of Kenneth G. Brown and lands now or formerly of E. V. Rasa- nen, south 70 degrees 45 miautes 00 seconds west, 253.24 feet; thence north 34 degrees 52 minutes 30 seconds west, 50.98 feet; thence north 14 degrees 48 minutes 50 seconds west, 520 feet to the southeasterly side of Mapes Creek; thence along the southeasterly side of M~pes Creek, on a tie line of north 74 degrees 47 minutes 30 seconds east, 150 feet to land now or formerly of Map of Point Pleasant; and thence along said land, south 27 degrees 08 minutes 00 seconds east, 562.28 feet to the point or place of BEGINNING. TO~ETHER with an easement or right of way 15 feet in width running from said premises to Westphalia Road as created by deed made by LiZzie Y. Meday to William B. Codling recorded in liber 584, cp 549, and in deed made by Lauretta Helen Meday recorded in liber 984 cp 549. BEING part of the same premises acquired by the party of the first part by deed from Freda S. Rau, dated November 27, 1964 and recorded November 30, 1964 in liber 5660, cp 313. TOGETHER with all right, title and interest, if ~my, of the party o! the first lm~ ot, in and ~OLD ~e p~ hereto ~t~ unto ~e ~ o~ the s~nd ~, the h~ or ~ ~e ~y of ~e ~nd ~ ~orewr. A~D ~e ~ of ~e fi~t ~ coven~ t~t the ~ of ~e first ~ ~ not d~e or whe~by the ~id pr~i~ ~ve ~en en~m~r~ in ~y way w~tevtr, ~t ~ afo~ AND ~ ~y of ~e fir~ ~., m ~pli~ y~th S~on 13 of ~ U~ ~w. ~m ~ ~ ~.~ e~ti~ ~ a ~ {~d to ~ appli~ first gor m~ ~ o~ ~Hng m~ ~t ot ~ ~.. the ~me fi~t to ~e ~t of the co~ of the ~provement ~fore uss~ ~y ~ of any o~er ~. ~e wo~ "~y" ~ ~ construed as if it r~d "~i~' whenever ~e s~ of ~s ~ture ~ ~IY~ W~OF, the ~ of the fi~t ~ ~s duly ex~t~ ~is d~ the ~y ~d y~r fi~ a~ve w6tten. / CONSULT YOU. LAWyERQORE SIGNING THIS INSTRUMENT--THIS INSO/V'~ENT SHOULD BE USED BY LAWY'RS ONLY. THI.~ INDENTUI~ made the BETWF. F.~ party of the firat p~rt, and NICHOLAS A. BRUSICH and CAROLE I. BRUSICH, residing at 680 West View Drive, Mattituck, New York 11952 28th day of January , nh~etecn hundred and seventy-seven RUTH SLOAN_ GIMBERNA~T, residing at~ e his wife, 'o'o :~ / i N ~rty of the second part, WlTNF_~ETH, that the party cd the first part, in consideration of Ten Dollars and other valu~.blc consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party o! the second part forever, ALL that certain plot, p~ece or parc. el of land, with the boildings and improvementa thereon erected, situate, lying and being~R at Mattxtuck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~;~ BEGINNING at a monument at the southwesterly corner of premises herein, at the northwesterly corner of land now or formerly of Arthur Penny, said monument being situate North 70° 45' East 451.60 feet from a point on the northerly side of Westphalia Avenue; and from said point of Beginning; running thence along land now or formerly of Charles Berner North 18° 58' 30" West 578.61 feet to the average high water mark of Mapes Creek; thence along a tie line along the average high water mark of Mapes Creek (1) North 82° 15' 40" East 17.79 feet; (2) North 74° 47' 30" East 106.55 feet to land now or formerly of Ruth Sloan Gimbernat; thence South 14° 48' 50" East 520.00 feet; thence still along ].and of Gimbernat South 34° 52' 30" East 50.98 feet to land now or formerly of E. V. Rasanen; thence along land of Rasanen and land of Arthur Penny South 70° 45'. West 100.00 feet to land of Charles Berner at the point or place of Beginning. SUBJECT to and together with the benefits of an easement or right of way 15 feet in width running from premises adjoining on the East to Westphalia Road as created by deeds made by Lizzie Y. Meday recorded in Liber 984 cp 99 as modified by agreement between Stephen C. Bubier and Ruth Sloan Gimbernat dated April 25, 1966 and recorded in Suffolk County Clerk's Office on August 25, 1972 in Liber 7227, page 470. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above descrihed premises to the center lines thereof; TOGETtIER wkh the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part Ires not done or suffered anything whereby the said premises have been encumbered in any way whatever, except a.s aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, coveflants that the party o~ .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for {he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total cd the same any other purpose. The word "pa~y" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNE.~ WHEREOF~ ~he party of the first part has duly executed this deed the day and year first above written. _. . · /~ ~ o.: , 23'118 ./ / /, ! . ~ },'~z~ $ ~{~-. ........ ] Ruth S oan Gxa~;/ernat ~ ~ C 0 R D E D FEE1 ~ 1~?~ L?.T_,ER ~..A.t~£RTSON NICHOI~SA. 131tUSICtt and CAROLE I. BRUSI(TTt, his wife, both residing at 680 Westview Drive, Mattituck, New York 11952 party of the first part, and ROSANNE K. SCtlWA RTZ, ~ residing at 240-11 Maryland Avenue, Douglaston, New York 11362 party of the second part, wITNEsSETH, that the party of the first part, in consideration of .................. TEN and 00/100 ($10.00) ................ dollars, laxvful money of the United States, and other good and valuable consideration paid by the part~ of the second part, does hereby grant and rck. ase unto the part)' of the second part, the heh's or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings aod improvements thereon erected, situate, lying and being ~Xl~e at Mattituck, Town of Southold. County of Suffolk and State of New York. bounded and described as follows: BEGINNING at a monument at the Southwesterly corner of premises herein, at the Northwesterly corner of land now or formerly of Arthur Penny. said monu- ment being situate North 70 degrees 45 minutes East 451.60 feet from a point on the Northerly side of Westphalia Avenue; and from said point of beginning; RUNNING TttENCE along land now or formerly of Charles Berner North 18 degrees 58 ' * mmu.es 30 seconds West 578.61 feet to the average high water mark of Mares Creek; THENCE along a tie line along the average high water mark of Mapes Creek: (1) North 82 degrees 15 minutes 40 seconds East 17.79 feet; (2) North 74 degrees 47 minutes 30 seconds East 106.55 feet to land now or formerly of Ruth Sloan Gimbernat; THENCE South 14 degrees 48 minutes 50 seconds East 520.00 feet; TItENCE still along land of Gimbernat South 34 degrees 52 minntes 30 seconds East 50.98 feet to land now or formerly of E. V. Rasanen; TIIENCE along land of Rasanen and land of Arthur Penny South 70 degrees 45 minutes West 100.00 feet to land of Charles Berner at the po'iht (~r place of BEGINNING. SUBJECT TO AND TOGETBER WITH the benefits of an easement or right of way 15 feet in width running from premises adjoining on the East to Westphaliq Road as created by deeds made by Lizzie Y. Meday recorded in Liber 984 cp 99, as modified by agreement between Stephen C. Bubier and Ruth Sloa. n Gimbernat dated April 25, 1966 and recorded in Suffolk County Clerk's Office on August 25, 1972 in Liber 7227 page 470. MApES__.- forr~erlY .o~ or penn)'