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HomeMy WebLinkAbout2916 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~I~qG BOARD OF APPEALS Appeal No. 2916 by application Dated October 26, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF TIiE TOWN OF SOUTHOLD To Mr. Robert V. Rider, Jr. 1520 Minnehaha Boulevard Southold, NY 11971 Appellant at a m~fing of the Z0n~ Board of Appeals on November 24, 1981 was considered and the actiou 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 ( }Q Request for a variance to the Zoning Ordinance Art. ( ) Article XI, Section 100-11SE the appeal III, Section 100-32 and ~a~ed ( ) be denied pursuant ~ Art~le .................... Sect~n .................... Sub~c~on .................... para~aph .................... of ~e Zoning Ordinance and ~e d~ of the Building I~p~r ( ) be reversed ( ) be co~l~l~n application of Robert V. Rider~ Jr., 1520 Minnehaha Boule- vard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118E 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 Boulevard and Town of Southold. County Tax Map Parcel No. 1000-87-2-40. (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 all properties alike in the immediate vicinity of this property and in the same use district becat~se (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the p~ evi~.d~c.~i~the Building Inspector ( ) b~ confirmed ( ) be reversed. AND FILED BY (SEE EV~ ~OLD ToO~N .CLEP~ G ~ ~R~NGD ' BoP~DG %EFH R~I~G E~sRDA TE FORM ) be denied and CHAIRMAN The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a two- car, one-story garage approximately 24' by 24' by 22' in the front- yard area in the same location as a recently-removed garage. The new garage will be located approximately 91' from the westerly side property line, approximately 135' from the northerly access road and approximately 135' from the easterly property line. Existing on the premises are a dwelling set back approximately 175' from the northerly access road, small accessory building in the front- yard area close to the site of this new garage, and small acces- sory building to the south of existing building. It is the feel- ing of the board that this location is the most practical parti- cularly due to the location of the existing structures and the character of the neighborhood. 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 no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was R~SOLVED, that the application of Robert V. Rider, Jr. be GRANTED SUBJECT TO THE FOLLOWING CONDITION: That the accessory two-car garage be utilized for storage purposes (and not for habitable living quarters). Location of Property: 1520 Minnehaha Boulevard, Southold, NY; County Tax Map Parcel No. 1000-87-2-40. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Sawicki. (Messrs. Grigonis and Doyen were absent.) LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Cutchogue, NY for a Variance Application of Beatrice A. Geselle, Lilac Lane, (by Wickham, Wickham and Bressler, P.C. as attorneys) 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. Jr. 1520 Minne- Rider ~ a Boulevard, Southold, NY for a Variance to the Zoning Ordi- ce, Article III, Section 100-32 and Article XI, Section 100- ~ ~18E for permission to construct accessory two-car garage structure % ~ ~_n_the frontyard area at 1520 Minnehaha Boulevard, Southold, Ny; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; ~o~;H°~o~ ~;M~S~a~e~i~a~.Bi~_~2~? of 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right-of-way off Main Road, Cutchogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area at 1300 Bay Haven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88-4-17. 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-11SE, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7. 8.~5 p.m. Applicatio~of Frank E. Brophy, 75 Second Street, / New Suffolk, NY for ~/~ariance to the Zoning Ordinance, Article \ / III, Sec~on 100~, Bulk Schedule, for permission to construct / deck addit~on~o dwelling with an insufficient front and side _ yard setba~at 75 Second Street, New Suffolk, NY, bounded north by Grat~ohl ~ano.; west by Martin; south by Wetzel, Grathwohl / \ _ ________ v___~0~'~7-e~2~Y7~ecOnd Street; County Tax Map Parcel No. ~'~ 8~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 & ano; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12(& 13). ~0 ~m. Application of Edward a. Yanke, 31 Summit Drive, Smithtown, NY for a Variance to the Zoning Ordinance, Article Page 4 - Legal Notice of Hearing Z.B.A. Regular Meeting to be held November 24, 1981 III, Sections 100-31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. ~[~--O ~p.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to Section 280A, Subsection 3 of New York Town Law, and Article XIV, Section 100-14t(B), for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny & ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. Dated: November 13, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 19, 1981 and forward affidavit(s) of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before Monday, November 23, 1981. Copies have been forwarded on 11/16/81 to: Wickham, Wickham & Bressler, P.C. for Beatrice A. Geselle Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. for Frank and Nicholas Mandaro Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Mr. Edward R. Yanke. Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. TraveIer-Watchman and Suffolk Times, Inc. 11/16/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ........................ , 19 . _' "'~ ....... ~" Street ~ Hamlet County Tax Map No. 1000 Section ... ~.~7 .... Block ... ~ ...... Lot . .O ........... Subdivision .... : ............ Filed Map No ................. Lot No .... ~ ......... i~ ~t~=~a a~wit~ a~a ai~o~a o~ th~ ro.o~ ~o~a~ ~a~.. ~&~ .... ~~.. ~.~a. ~... ~. . RV 1/80 TOWN OF $OUTHOLD, N~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellcmt Street and Number .... ~ ./-,CZ...~...~..,~,.?,. ......... ,), .............................................. ~..:..~.. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ./...~..Z...~.../..~.(. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY //~....~....~.~.~(~..~...~...~.~.~.~.~.~.~./~......~.~.~./:~.....~.Z~.~..-~...~.. Street Use District on Zoning Mop 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 ( ~ VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6:2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ./j~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that ~ ~l~/'t ~ ~--~ ~--"r ~ '~.~, (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe tee spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIST._RICT because COUNTY OF~~Q~ Signature ..... Sworn to this ............... r~ ....................day of .............................. 19 oo . Southo!d Town Board of Appeals MAIN RI3AD ~TATE R~AD 25 ~I3UTHI3LD, L,I., N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER ,~ (~,'~ .JOSEPH H. SAWICKI I~. Rob~'t; V. R:Ldoz~, 1520 M~Lnamhah& Boulova~d Southold, NY 11971 January 20, 1982~ ReT Appeal Ho. 2916 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary TUE y ~ 4.~'.4bsent, if any: _ .. ,,,.~cja ltem/~Iatter of: :?pe of Variance or Appeal: ~esolution made by: Seconded by: A ction: NOVEMBER 24, 1981 ., GCrharles rgoms ( ) ( ) ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) %~ithdrawn without Prejudice ( ) ~%~ Robert .~ Gerard . . ~awlcKi Douglass uoen[lng/gr . Joseph ( ) (~() ( ) ( ~pprove with the followm9 conditions: . ) _Subiect to County Planning referral )_Subject to Planning Board approval )--Subject to D.E.C. req.latfons__( ) Other: Findings of the Board are as follows: ~---~.~--,9 4.6~.~ ( ) ( ) ( ) ( ) (, ( ) ( ) ( ) ( ) Vote Not %~ithin the Character of the Neighborhood Variance is Substantial in Retation to Code Not .in ~haj~._.o. ny .with purposes of the Code Hardship not sufiicient Circumstances are. Not Unique ~' Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying of the Board: Ayes: ( ) CG ( ) SD Nay: ( ) ( ) Abstain: (> ( ) / Absent: ( . ~/' Notes: ( ( ( ( ( Other :. Granting the Relief Requested is within spirit of the zoning code Relief is not'substantial Burden of hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by granting Othem for Special Exceptions () () () () () () COUNTY OF SUEFOLK STATE OF NEVv' YORK ss: Patricia Wood, being duly Sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch_ man once each week for .................... .~. .................. week!s successively, commencing on the ......... .~..c~. ..................... ....................... Sworn to before me this ~c~ day of .......... ~~..: ........... , ~...%..~ the Town Law and the Provi- sions 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 Townl~ Hall, Main Road, Southold~ N.Y. on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: ::., 7:15 p.m. Application of Beatrice A. Geselle, Lilli~ Lane, Cutchogue, N.Y. (by Wickham, Wickham and Bces- sler, P.C. as attorneys) for a Variance to the Zoning Ordin-~O ance, Article III, Sections 100-30A, 100-31 and Bulk' Schedule for approval of insuf- ficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutchogue, N.Y.i Nassau Farms Subdivision Filed Map NOTICE ~HE~Y b~ ~ 1~-122-5-12 (&l ?~e:: EN, pursu~ttoSe~on267of ~ 8~ p.m. Apphcat~on of ~: ::,.,~ .~- ~.~,'.. , ~..~ ,.: ~ward R. Y~ke, 31 Summit Drive, Smithtown, N.Y. ~r a Vadanco to the ~ning Ordin- ance, Article III, Section~ 1~-31 and 100-34 for pe~is- sion to ~nstru~ new dwell~g with insufficient front and side (or rear) yard setback at the - southeasterly ~mer of Wig- wam and Wampum Ways, ~uthold, N.Y.; Nunnokoma Waters FHed Subdivision, Map 5126, ~t 1; County T~ Map Parcel No. 1~0-8~-2-3~' ~ ~g]~ '~.~A~plioation of A~hur M. Schwa~z, M.D. by ~chard J. Cwn, Esq., Ma~ Road, ~utchogue, N.y. for a ' Variance to Section 280A, Subsoaion 3 of New York Town Law, and A.ide XIV, Se~ion l~-141(B), for ap- pwv~ of acfiess. ~cation of .................... ~._.~. ......... ~ ..... Pwpe~y: Right-of-way off; We~phalia Road, Ma~iluck, 1179, Pa. of Subdivision ~t ~ N Y; bounded no~h by How- No. ]05; County T~ Map: ~ ' ' Parcels No. 1000-104-1-16 and 17. p.m. Application of V. Rider, .Ir., 1520 t Boulevard, South- N.Y. for a Variance to the Ordinance, Article III, Section 100-32 and Aticle Xl, 100-11SE for petrols-,. to construct accessory- two-car garage structure in the frontyard area at 1520 Min- nehaha Boulevard, Soutbold, N.Y.; bounded north by Wig- wam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Min- nehaha Blvd. and Town of Southold; County Tax Map Parcel Item No. 1000-87-2-40.Y~. --.7:35 p.m. Application o.f Constance Messina, Box 730 Main Road, Cutchogue, N.Y, for a Variance for approval of access along the westerly side ., of premises located on a right-of-way off Main Road, Cutchogue, N.Y., New York Town Law Section 280-a. Loca- tion of Property: Off Main~: Road, Cutchogue, N.Y.; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108- 3-part of 008., 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, N.Y. 11756, for a Variance to the Zoning Ordinance, Articl~ III, Section 100-31~ Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area ate 1300 Bay Haven Lane, South- old, N.Y.; Bay Haven Sub- division Filed Map 2910. Lot 34; County Tax Map Parcel it e_m_ _ No__. ! O00- S S-_4_-! 7_. ,. ~__. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisioas 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 Read, Southold, NY on Tuesday, November 24, 1981 commencing at 7:15 o'clack p.m. and as follows: 7:15 p.m. Application of Beatriee A. Geaelle, Lilac Lane, Cutchogua, NY (by Wickham~ Wickham and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article HI, Sec- tions 100-30A, 100-31 and Bulk Schedule for approval of insuf- ficient 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 Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article ~I, Section 100-118E for perm~S- sion to construct accesso.ry two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, South- old, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minne- haha Blvd. and Town of South- old; County Tax Map Parcel Item No. 1000-87-2~10. ,~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 Read, Cut- chogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Read, Cut- chogue, NY; Minor Subdivi- sion 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 Barn- yard 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, Sout~old, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88- 4-17. $:~ p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Ave- nue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sec- tioas 100-30A(1), 100-118E, and 100-31 for permission to con- struct addition and alteration to two existing buildings, hav- ing been denied by the bu!ld- ing inspector for the following reasons: (1) two seasonal un- dersized dwelling units exist- ~ng prior to zoning on one lot cannot be permitted as two {yearround] dwellings on one lot; (2) a nonconformingbuild- lng may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- ient side yard. Location of Property: 2370 Bay Avenue, Drivt ~wn,~or a-- Variable to the Zoning Ordin- ance, Article 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 Wig- wam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. 850 pm Appication of ~ , : ' ' - b ' umy Sworn, Arthur M. Schwartz, M.D. Y Rmhard J Cron, Esq, Main , ' '' ;'~'~; for a ae SUFFOLK Road, Cutcnogue, l~ x Variance to Section 2~0A, sub- . . section 3 of New York Town nport, In said Law, and Article XIV, Section . . 100-141(B), for approval of i] ls ~1 pnnted access. Location of Property: , . Right-of-way off Westphalia ceekly Tzrnes Read, Matt(tuck, N,Y_; bounu- ed north by Howard s Branch; ..... weeks west by Berner; south by Penny & uno.; 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 East Marion, NY; bounded 1TN19-3814 north by Baltz; west by Tosca Holding & Realty Corp.; south ..... ~....~:....~....~..~.. .... by Orient Harbor; east by Bay Avenue (Tuthiil's Path) ....................................... County Tax Map Parcel No. 1000-31-16-7. $: 15 p.m. Application of George Alee, Main Read, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 10036 for permission to construct and enlarge perch with a reduction of frontyard setback at 2~A45 Main Read, Cut- chogue, NY; bounded north- west and northeast by Cut- chogue Joint Venture; south- west by Cross; south and southeast by Alee and Main Road; County Tax Map Parcel No. 1000-109-1-7. 8:25 pm. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Matt(tuck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Matt(tuck, NY; bound- ed north and south by Ole Jule Lane; east by E. Wilsberg & uno; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12 (& 13). 8:40 p.m. Application of Edward R. Yanke, 31 Summit No 4707878. Suflol~ ~ount~ Term £xp~res Marc~ 30 19~,.~ -7- March 22, 1979 THE CHAIRMAN: Would you like to postpone it? Are they in a hurray? MR. DOYEN: No, I do not think they are overly concerned with that. I don't think that three weeks will make much difference. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, that the decision on Appeal No. 2425 be POSTPONED until 7:40 P.M. on April 12, 1979. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2527 - Upon application of Robert V. and Annette S. Rider, c/o John Nickles, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property into two lots with insufficient width and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wig- wam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minnehaha Boulevard, Laughing Waters Association, and the Town of Southold; south by Little Peconic Bay; west by H. Smith, Frank Bear, M. Morris and E. Yankee. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: H. J. Smith, Frank Bear, Grace Bitz, Melvin Morris, Edward Yankee. Fee paid: $15.00. THE CHAIRMAN: cation? Is there anyone who wishes to speak for this appli- JOHN NICKLES: I would just like to point out that I am an elected official of the Town of Southold, but I am not appearing in that capa- city, but as the agent of the Riders. I have filed with the Board a disclosure statement with the Chairman. I don't think we have anything to add to our application, but we would be happy to answer any questions the members might have. THE CHAIRMAN: Is there anyone else who wishes to add anything for this application? (there was no response). Is there anyone who wishes to speak against this application? (there was no response.) Does any- one have any questions? MR. TUTHILL: I would just like to see the proposed division. These would be by far the largest lots in the area. MR. NICKLES: That's right, we tried to point that out in the application. THE CHAIRMAN: it? A good portion of this is under water though, isn't '.SOUTHOLD TOWN BOARD OF APPEALS -8- March 22, 1979 MR. NICKLES: If you look at the survey, you will see that it is approximately 250 feet by 550 feet which is above land. Then there is an inlet, which is an extension of Corey Creek that comes in up to the Nunnakoma subdivision. There is then a considerable amount of beach front out on the bay. THE CHAIRMAN: One of the things about looking at maps, but you might find that the actual terrain is quite different than what is on the map. When we were down there we realized ...... MR. NICKLES: Oh, some of it is underwater, but there is enough land left. It would still be in excess of the current requirements. MR. TUTHILL: There is 7-1/2 acres of property. MR. NICKLES: That is the size of the property. The upland por- tion is this area in here and would still be more than enough. MR. DOUGLASS: The main house is on one parcel already. THE CHAIRFLAN: You have an existing house? MR. NICKLES: You will notice the property has a main structure and three out buildings. There are some pine trees planted down the middle that Mr. Hallock planted. Mr. Hallock was an attorney and must have contemplated at some time selling this other half of the property MR. TUTHILL: I don't think they would be this near the line. THE CHAIRMAN: Who built the house originally. MR. NICKLES: Originally, I don't know. John Hallock who was an attoney in Riverhead for years until the time he passed'away owned it. THE CHAIRMAN: Mr. and Mrs. Rider are going to buy the house parcel or are they going to buy the vacant land? MR. NICKLES: They already purchased it, Mr. Gillispie. They pur- chased the entire seven acres. THE CHAIRMAN: You are asking us to set this off? MR. GRIGONIS: There is an access in from Minnehaha Boulevard to this property. THE CHAIRMAN: Minnehaha is a public road? MR. NICKLES: Yes. Also so you have a little of the history. This originally was a 20 foot right-ofrway. I don't know who it belonged to. It serviced this seven acres. In 1946 Mr. Hallock purchased the land the right-of-way was on. So that was a separate right-of-way in off Minnehaha. THE CHAIRMAN: Separately from his original purchase? .SOUTHOLD TOWN BOAP OF APPEALS -9- March 22, 1979 MR. TUTHILL: MR. NICKLES: MR. TUTHILL: that area. MR. NICKLES: MR. NICKLES: Right. So he added another 20 feet by 250 feet onto the property. This right-of-way, by the way, goes up, I don't know the name of this road and out the back of it. It leads out to South Harbor Road. Unfortunately, I don't know what that means. THE CHAIR~N: Is that going to be extinguished? MR. NICKLES: It isn't extinguished? THE CHAIRMAN: Then it is still used? MR. NICKLES: Yes. MR. TUTHILL: It exists on paper, but it is overgrown. MR. NICKLES: No, when they divided Nunnekoma Waters, they could not make a lot where this right-of-way is. They left a space there. I don't think Mr. Rider is concerned about using this right-of-way out thru Nunnekoma Waters. That was my only concern. They have plenty of access. This is the access we are concerned about. There is no described right-of-way that runs through No one has the use of this right-of-way, He owns this property. THE CHAIRMAN: MR. NICKLES: THE CHAIR~N: MR. NICKLES: but Mr. Rider. What about these people along in here? They have their own right-of-way, Wampum Way. I thought you said they came along this way? I'm saying Mr. Rider's property had this right-of-way but then they purchased the land the right-of-way was over. So in effect this is no longer a right-of-way. THE CHAIRMAN: That doesn't mean they can extinguish the access. was just a point of information MR. NICKLES: THE CHAI~4AN: MR. NICKLES: MR. DOUGLASS: the owners of the seven acres. MR. NICKLES: No, they never did have the a right-of-way over this 20 feet of property. chased this additional property. This other It If i understand your question, he bought the land, These people still have a right-of-way over .... These other people have nothing to do with it. The only people who could use that right-of-way were right. This property had In 1946 Mr. Hallock pur- was part of the Mott Estate, 'S~UTHOLD TOWN BOARD OF APPEALS -10- March 22, 1979 and Mr. Mott's property is where the Wampum Way is. THE CHAIRMAN: Hallock then bought this separately? Formerly this was used also to service this area up here? MR. NICKLES: Mr. Hallock used it to come and go out this way - out to South Harbor. THE CHAIRMAN: Legally, or illegally? MR. NICKLES: Legally. MR. TUTHILL: It is described in the legal papers. As long as he is not looking for access on that. THE CHAIRMAN: It is a very simple problem, but I was juSt curious about the history. MR. NICKLES: If this were not a private road, we would not need access. Because it would be a public road, and Mr. Rider would have it. As I understand it the only reason we are asking for approval of access is because We are dividing it, and we need the approval to go from one parcel to the other. THE CHAIRMAN: this other road, That is correct. do you? MR. NICKLES: No, it is private. Because you do not have access over THE CHAIRMAN: These roads were private originally, weren't they? MR. NICKLES: Yes, but I believe they are town roads now. THE CHAIRMAN: Then I think the only thing we have to do is specify what the access has to be. What I am trying to resolve in my own mind is the new requirements that we have on accesses. Here is a case where you can reach this property with a fire truck or emergency vehicle from additional roads. Of course, they are private roads. I don't think we need a condition here concerning drainage, but we will put it in anyway. MR. TUTHILL: As ~ p~actical matter, what part of the access are you saying ~hQuld be surfaced? THE CHAIRMAN: Where it isn't indicated, you can do whatever portion that you want to. MR. TUTHILL: Ail these private roads are black topped. I was just trying to figure out where the stone blend would go. THE CHAIRMAN: You must h~ve a width of 15 feet. MR. TUTHILL: You mean along this right-of-way? · SOUTHOLD TOWN BOAR' dF APPEALS -11- March 22, 1979 MR. TUTHILL: That seems like a waste when you have a road along the boundary of the property. MR. DOUGLASS: They don't have a right-of-way over this property. THE CHAIRMAN: A fire truck or emergency vehicle would be able to use Wigwam Way. MR. NICKLES: There is access to the property from Wigwam Way. I'm sure we have driven that way many times. MR. DOUGLASS: It is not a legal right-of-way. MR. NICKLES: You can use it until someone tells you not to. THE CHAIRMAN: You think this is superfluous, Terry? MR. TUTHILL: As a practical matter, I think it is superfluous. Actually to picture this with a good, hard surfaced road in Wigway Way, although it it private. It seems ridiculous to improve this road which is just a farm road. Who would stop them from using Wigwam Way? MR. NICKLES: The Property Owners Association. THE CHAIRMAN: There may be trees blocking the way also. MR. NICKLES: I think the road is passable. I think brUsh and trees might have to be trimmed back, but the former property owner used it. THE CHAIRMAN: If we approve this at all, it will have to be improved, It will have to accomodate emergency vehicles. As I understand it, some of the vehicles can weigh up to 35 tons. When you get a heavy truck like that on topsoil, it will just sink down. MR. TUTHILL: Chances are that if a truck went in there they would go in Wigwam Way and not even use the right-of-way. THE CHAIRMAN: This is why I say this is an unusual situation since you have two, private rights-of-way along side of each other. One of them needs to be improved, and the other is already improved. MR. TUTHILL: Mr. Rider, did you intend to improve the surface of that right-of-way? MR. ROBERT RIDER: Ray Nine put gravel. right-of-way there. The driveway has already been improved. I had I figured I would have him put gravel on the I would like to keep that private. MR. TUTHtLL: Then you would not object to these requirements? MR. RIDER: NO, it sounded like it was a little more expensive than I thought it would be. '.SOUTHOLD TOWN BOARD OF APPEALS -12- March 22, 1979 THE CHAIRMAN: We have been getting more and more access appli- cations lately, and we have found that we have had to spend more time setting up guidelines for these accesses. How far is your house from this right-of-way? MR. RIDER: About 150 feet of driveway from the right-of-way. THE CHAIP~4AN: Would your driveway be able to handle a fire truck? MR. RIDER: I would say so. MR. TUTHILL: He has gravel there. THE CHAIRFiAN: What I am getting at now is how close to the struc- ture are we going to go? Do you have to come to the driveway to make it accessible for fire vehicles? This is not defined anywhere. MR. RIDER: The driveway comes right to the main structure now. MR. TUTHILL: I would think this section here on the farm road would be more important, but they have this road here, Wigwam Way. MR. DOYEN: They do not have legal access over that. THE CHAIR~iAN: until this access matter is settled. In discussing a lot that has an access which is 1,000 feet long which merely gives access to the lot. Do you require that the right-of-way be improved the entire length? The Building Inspector cannot issue a building permit MR. TUTHILL: This private right-of-way section certainly ought to be accessible winter or summer to fire equipment. MR. RIDER: There is heavy equipment going in and out there now. THE CHAIP~N: for? Do these trucks go over the access you are asking MR. RIDER: No, they go over Wigwam Way. THE CHAIRMAN: Do you have the right to use that? MR. RIDER: I didn't know until tonight that I didn't have access over Wigwam Way. THE CHAIRMAN: I don't think you would be here tonight if you had access over Wigwam Way. MR. TUTHILL: This property goes right up to Wigwam doesn't it? MR. NICKLES: The access he is requesting abuts Wigmwam Way. THE CHAIRMAN: I would say in this case that maybe we could reduce this from 15 feet to 10 feet. MR. DOUGLASS: I would not go along with that. "S'0UTHOLD TOWN BOAR~ OF APPEALS -13- March 22, 1979 MR.NICKLES: Wouldn't it be reasonable to improve the road from Minnehaha Boulevard to this second parcel here? MR. GRIGONIS: That's what I agree with. Up to the driveway. MR. GRIGONIS: I would say from Minnehaha Boulevard up to the division of the property. THE CHAIRMAN: Up to the last 2 or 3 weeks, we have delivered a person to his driveway and then dropped him. Suppose the structure is 500 feet from his driveway. It burns down or an ambulance cannot get down there. MR. GRIGONIS: You can't make a man do that. MR. DOYEN: We are not charged with that responsibility. THE CHAIRMAN: Yes, we are. We are charged under Section 280A to determine what constitutes proper access. MR. DOYEN: Access to a lot or access to a structure. MR. GRIGONIS: If a man lives on the sound and has a driveway to his house that is a mile long you cannot expect him to improve that. We've laid hose for 1500 feet. You would not have any water hook-up for them down there. THE CHAIRMAN: Now if this right-of-way was just improved for the width of the first lot, the rest would be useless, wouldn't it? Be- cause there is no way to get over to the present house. MR. NICKLES: I just said to Mr. Rider that in the future if he sold this property for that price, the new owners would be improving the right-of-way himself. THE CHAIRMAN: If you sell this vacant lot, will you keep the house? o MR. NICKLES: Mr. Rider has no plans to sell the property. MR. NICKLES: We do not want to sell. THE CHAIRMAN: Are you going to live there? MRS. RIDER: We are renovating it now. MR. NICKLES: If you had driven down the driveway you would have seen that the house is all raised up and they are putting in a new foundation. MR. DOUGLASS{ We were there, I have pictures of it. THE CHAI~4AN: Well, let's compromise. We will have him improve it ~'S~UTHOLD TOWN BOARD OF APPEALS -14- March 22, 1979 across the first lot. Of course, if we leave it there, we have a gap between that lot and the driveway to the house. It is all over- grown, right? MR. NICKLES: I have driven down that with my car. THE CHAIRMAN: Take a look. We have pictures there. Have you been over that right-of-way? MR. NICKLES: Yes, I have driven down there. MR. DOUGLASS: Not the one parallel to Wigwam Way. MR. NICKLES: Yes, you can. I have done that. MR. DOUGLASS: Charlie walked in it the other day. Somebody started to make a road out of it at some time. MH. NICKLES: That road has been there for 50 years. That was Mr. Hallock's driveway into his property. THE CHAIRMAN: What we would be requiring here is a road across the headland of the property. You are not using it now to go in and out, are you? MR. RIDER: Yes, sir. THE CHAIRMAN: You used this driveway all winter? MR. RIDER: Yes. I'm talking about this dirt road because %here were trees hanging over that I had to take down. Now I had originally planned to have Ray Nine put gravel down the whole length of the right of-way. When I get through with the construction, I plan to put a tree here. I just have not gotten all the saplings out yet. THE CHAIRMAN: You have been using the Wigwam Way right-of-way. When you finish your construction you are going to plant a ~ree there so no one can come in on your right-of-way, is that what you plan? MR. RIDER: Yes, to make it a little more private. MR. TUTHILL: It looks as though he is on the way to doing what we require now. MR. DOUGLASS: I think he should be required to improve the right- of-way MR. THE run the width of to his driveway. He had planned on doing it anyway. TUTHILL: I agree with that. CHAIRMAN: Charlie, what do you think. The right-of-way would the property along the headland to the driveway. "SOUTHOLD TOWN BOAR~ IF APPEALS -15- March 22, 1979 MR. GRIGONIS: As far as I am concerned, that is enough. MR. NICKLES: You are talking about the entire north end of the property? THE CHAIRMAN: Yes. MR. DOUGLASS: Tie it to the driveway you have now. MR. TUTHILL: On the western end of your property. MRS. RIDER: You want the entire right-of-way improved the way you stated before? THE CHAIRMAN: We gave your husband the specifications. MR. NICKLES: Bob, what do you estimate the cost of this would be? MR. DOUGLASS: What he has had Ray Nine do with the gravel will cost about the same with the 3/4 inch stone blend that we specify. It is easier to put down and will not move around. MR. NICKLES: Stone blend is a mixture of blue stones? MR. DOUGLASS: It is a mixture of blue stone and dust. THE CHAIRMAN: You can put it right on top of topsoil. have to strip the topsoil first. It is harder. You do not MR. TUTHILL: With a gravel base you would never get a pothole in it. MR. DOUGLASS: This stone blend is better. Gravel kicks out from underneath you. This never moves. THE CHAIRMAN: We have looked at quite a few of these stone blend arrangements. They are good. MR. DOUGLASS: I am sure Ray Nine has used it. THE CHAIRMAN: That way you do not have a problem disposing of the topsoil. After investigation and inspection the Board finds that the applicant wishes to divide a 7.48 acre parcel of land into two lots. Each lot will have frontage on a private right-of-way, which runs parallel to Wampum Way. The lot to be created which has the main dwelling on it will have 148.50 feet of frontage and the vacant lot will have 127.95 feet. The applicant also requests recognition of access for these lots due to the fact he is not entitled to access over Wampum Way. The Board agrees with the reasoning of the applicant. Each lot will contain 3 acres in acreage. The Board finds that strict application of the Ordinance would pro- ~UTHOLD TOWN BOARD OF APPEALS -16- March 22, 1979 duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Robert V. Rider and Annette S. Rider, be granted permission to divide property with insufficient width and recognition of access. Location of property: Wigwam Way, Southold, New York, bounded on the north by Wigwam Way; east by Minnehaha Boulevard, ~Laughing Waters Association and the Town of Southold; south by Little ~Peconic Pay; west by H. Smith, Frank Bear, M. Morris and E. Yankee, subject to the following conditions: (1) Such access shall have a width of not less than 15 feet; (2) Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. (3) Such access road shall be improved in either of the following methods: (a) Such access road shall be surfaced with a minimum depth of 4 inches of packed 3/4 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 4 inches. (b) The access road shall have topsoil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4 stone blend. (c) The access road shall be oiled with a minimum of 4/10ths of a gallon of road oil per square yard. (4) Ail work required as hereinbefore set forth shall be performed under the supervision of the Town Engineer and no building permits or certificates of occupancy shall be issued by the Building Inspector until the Town Engineer has certified that such access road has been constructed in accordance with the foregoing requirements. (5) Where the terrain of the land over which such access road is to traverse is such that drainage problems may occur, the applicant shall be required to construct such drainage facilities as may be recommended by the Town Engineer. (6) The Board of Appeals may in passing upon any appeal for approval of access make any reasonable exception as in its judgment it deems appropriate to the circumstances. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. Southold Town Board of Appeals . APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki Appeal No. 2916 Application of: Robert V. Rider, Jr. Location of Property in Question: 1520 Minnehaha Blvd, Southold. County Tax Map Item No. 1000- 87-2-40. Project Proposed by Appeal Application: Accessory two-car garage structure in frontyard area. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The proposed structure is located approximately 225 feet from ordinary high water mark and is forward of the existing house, away from tidal wetland area. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: Copies Nov. 5, 1981. By Order of the to: Applicant/Agent Town Clerk Bulletin Board Appeal File Southold Town Board of Appeals ]uSTRUC7 ! OUS: --'----~) Iii ordo~ t~ an_~uar the questions in ~h~s short EAF it Ss assumed tha~ ~he p~aporer wJ~ use currently ovo~lob]e Ln[orr~o¢~on concerning the project end the .].il:ely imr~cls et the action. 1% is not expected that additional studies, re:;csrch or other investigations will be undertaken. (b) l~ any question has been c.ms'.~ered Yes ~he project mo7 be i:/gnificont ~nd o completed [/nv~ro~,*~entol Assessment Form is necessary. (c) If all questions have been unswered lie it is iii<elM that this projec~ is not slgnlfic~nt. (dj [nvironrn~:ntol to the projccL site or pnym~cal.,y oiler more th,~n lO acre:, of lend? ........................ Yes o 2. [li!l t}:<~re be c mnjor chonge to uny unique or -m~usuol lend foxm found on thu si*~c.,° ..,. ..... Yes. 3. YJill project oiler or he,ge a lorge effect on Yes i ti ' ~7 ~ t 4. Y/ill pro}cci }:ave o pot~:rJ[io].l7 ]o ~ impact ¥C5 ;.. ; bb .... __ on grcundwotcr quol~,yf ...... ~.. 'dro e 5. %','ill projec~ signif~con%ly c[ ec flow on odj(~cen% silos? ...................... Yes 6. %','il]. projec~ effect amy thrco~cncd or cndanoercd plant or animal :;peclcs ...... Yes on oir quality? ............................. Yes 8. ','/ill project hr:ye o meier effect on visual chc:rc:cter of tJ]e corilmuni[>' or ~,cenic views or v~.~Los ~nown io be Jm[or~o~,~ to the commulliiy?. _Yes ~. Will t)rojc~ct odver:;e!y i~poc:t ony site or .. struclure of hisLoric:~ prehistoric or poleonlologicc~l .[mpo~ fence or elD' mite t]usigrmied as o ciitic(:l cnvil'onmen[ol orca by c local agency? ............ *.;..-..-,.v...~"...v. Yes 10. Will project hove a ,,ajar effect on cxlst.ihg or fulurc rccreotiono] opporiunities? ......... Yes 11. Will proj(:ct result in ~ojor traFf.i'c problems or. cause o major ct[oct to existing ./ . trcmsportotion s>,st c~ms? ....................... Yes 12. Will project reou!arlY cause objectionable or~ors~ noise, glare, vibration, or electrical disturbc~:',ce os o result of the project's ~ ~o' operation? ......... ' ............................ Yes 13. Will project },ave on)' ir.?oct on public health or .solo'fy? .................................... Yes 14. Will pPojeci effect the existin9 cornmuniiy by directl7 cauz. ing o 9ro'..'lh in popular.ion of more then 5 percent over a one year period or have o m0jor negative on the character of the community or neighborhood? ................................. Yes ~No 15. Is there public controversy concerning the project? ..... .,~ ............ ~.....~ ...... ~es (Today' s Date) To: Southold Town Board of Appeals Main Road Southo !d, NY 11971 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 appoal 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 fall within the (*) indicate your property does jurisdiction of the N.Y.S.D.E.C.] yours, 7 / ../ :,I . . ../ JUDITH T. TERRY TOWN CLERK i~A.GISTRAR OI VITAL STATISTICS SUFFOLK COUNTY Southold, L. 1., N. Y. 11971 ['ELI(PHONF (516) 765 1801 October 26, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2916 application of Rgbert V. Rider, Jr. for a variance. Also included is notification to adjoining property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval the property. JTT/bn Enclosures from the Building Department; Town Clerk and survey of Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR,, CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI October 27, 1981 Mr. Robert V. Rider, Jr. 1520 Minnehaha Boulevard Southo ld, NY 11971 Re: Appeal No. 2916 Variance to Construct Two-Car Garage Dear Mr. Rider: Recently your appeal was filed for permission to construct a two-car garage in the frontyard area located at 1520 Minnehaha Boulevard, Southold. Please furnish our office with one copy of your proposed building plans at your earliest convenience. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: 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) (5pc:~a: r^~v.,) (~;al .no. mit) (the following relief:"rO 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows~e'e:~ ..-. ~ · . ~ lJ, · . 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:"l~'O ~J~-al~Y' ~J. JO., ,/AJ $. That the provisions of the Southold Town Zonin~ Code applicable to the relief sought by the under- signed are Article ~ ~c~_Lon 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) ?(~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: .. Petitioner Post Office Address P34 ' RECEIPT FOR CERTIFIED NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL S~Nr TO (See Reverse) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIFIED MAIL t NO INSURANCE COVERAGE PROVIOEO-- NOi"FOR iNTERNATIONAL MAiL (See Reverse) SENT TO P STAT~ ZiP CODE POSTAGE 2 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; oo377 ~EIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL (See Reverse) SIREETA , ~ SFATE~ND~ C~DE /'~ 3506588 ~eIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED~ NOT FOR INTERNATIONAL MAIL (See Reverse -~(~'~, ,.O~M~q /) lr~), ' /'~, q , being duly sworfi, deboles and says that oh the ~[~ ~f] day of ~ ~ s~ Aw r~ ,'1 9 ~, deponent mailed a true copy of the Notice set forth on the're- verse si~e hereof, directed to each of the a~ove-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 as[essment roll o,f the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~) .... ~h ~ I~.. Al ~ ,,~ ~ ~ r ~ ; that said Notices were mailed to each of said persons by (certified) (r~i~te~) mail.i ' ' - I ' to~f~r¢ me this ~ ~ ~ Sworn ELIZAB~H ANN NEVILLE ~ ~ARY PUBLIC, State of New York Ho. 52-8125850, Suffolk Co~ Term Expires ~arch 30. 19 '/