Loading...
HomeMy WebLinkAbout2776I580 Hobart Rd., Southold 3/I2/8I CA-approval of insuff, area and width of two proposed parcels each with a residence. TOWN OF SOUTKOLD, NEW YORK ACTION OF THE ZOlqIJNG BOAA~D OF APPEALS Appeal No. 2776 Application Dated January 12, ACTION OF TITE ZONING BOARD OF APPEALS OF THE TOV/N OF SOUTHOLD To William H. Price, Jr., Esq. Attorney for Mr. Frederic P. Rich 828 Front Street, Greenport, NY 11944 1981 Appel/ant at a meetind of the Zoning Board of Appeals on March 12, 19 8 !, was considered and %he action ind~cate~ below was t~ken on your ( ) Reques~ for valance due to lack of access to property ( ) l{eques% for a special exception %u~der the Zoning Ordina/lce C~ Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confhuned becausePublic Hearing: 3/12/81 8:30 -Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road. County Tax Map Item No. 1000-64-3-2. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (won/d) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the sp~it of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and ghat the previous decisions of ~he Building Inspector ( ) be confirmed ( ) be reverse~ CG: lk ZONING BOg-RD OF APPEAI~ FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a Variance for approval of the insufficient area and width of two proposed parcels each with a one-family dwelling~ of 18~718 sq. ft. and 32,290 sq. ft. in area and 20 fto and 156+- wide respectively. Also existing on the premises, on proposed Parcel t are a small screened-in structure and small boat shed. The Board finds that the relief requested in relation to the Code requirements !s not substantial; that if the variance is granted no detriment to adjoining properties will be created; that no detrimental effect is produced on available governmental facili- ties of any !ncreased population; that no substantial change is produced in the character of the neighborhood; that the relief requested ~s within the spirit of the zoning ordinance; and that the interests of justice will be served by the granting of the within variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED~ that Frederic P. Rich, 1470 Hobart Road, Southold, NY be granted a variance to the Zoning Ordinance, Art. III, Sec. 100-31 for the insufficient area and width of the two proposed parcels SUBJECT TO THE FOLLOWING CONDITIONS: (1) That Parcel No. 2 be a m~nimum area of 20,000 square feet and be similar in configuration of the parcels as shown on the survey submitted with the within application dated December 22, 1980, and (2) That no accessory buildings may be converted or built for habitable use. Location of property: 1470 and 1580 Hobart Road, Southold, b~; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road. County Tax Map Item No. 1000-64-3-2. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen (illness). LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, March 5, 1981: 7:30 p.m. Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph-H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Section IO0-30(A),(C) for permission to operate a retail flower shop on first floor of existing building in an'A-Residential District. Location of Property: 52340 Main ROad (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Char~ews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wi'ckham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a ~econd parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheity, Lueckoff; west by Indian Neck Lane; south by Peconic 5ay Gardens; east by Richmond Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters R~ad, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec: lO0-31 for permission to c~hange division line between Lots 295 and 296 to run generally north and south rather than present east and west,at 945 Broadwaters R~ad (a/k/a 100 Wunneweta Road), Cutchogue, NY; Nassau Point Piroperties Sub. MaD 156, Lots 295 and 296; County Tax Map Item ~age 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. 1000-104-11-9. 8:05 p.m. Application of Frederick Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: northwest correr of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Application of Leo and Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cutchogue, ~Y; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Southold, NY (William H. Price, Jr., Esq.) for a Variance to Zoning Ordinance, area and width of known as 1470 and by Smith; by Hobart Road; 8:35 p.m. existing motel 215181). Ro ad , the Art. III, Sec. lO0-31 for approval of insufficient two proposed parcels each with a residence, and 1580 Hobart Road, Southold, NY; bounded northwest southwest by Town Creek; southeast by Creighton; northeast County Tax Map Item No. 1000-64-3-2. Application of North Fork Motel, Inc. to change use to privately-owned units. (Previously advertised 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Dated: February To the Suffolk Weekly Times and Long Island Traveler-Watchman: P16ase publish once, to wit, February 19th (or in the alternative, not later than February 26th), and forward six affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold,NY 11971. (tel. 516-765-1809 or 1802). Copies mailed Tuesday, Feb. 17, 1981 to: Rudolph H. Bruer, Esq. as attorney for John and Mary P~etrodangelo Thomas J. DeBorger Wickham, Wickham & Bressler, P.C., attorneys Richard A. and Janet J. Schlumpf Leo and Lillian Brac for Frederic P. Rich and 'William H. Price, Jr., Esq. as attorney for North Fork Motel, Inc. Frederick Cowan and Company, Inc. A:pplicants at their mailing addresses shown on applications. Siupervisor Town Clerk Bulletin Board was posted on 2/17/81. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE thor your oppliccltion~doted ~'r/'.~....~,.,~,. ...... , 19~, for permit ,o cen. s,r~c ......... ,....o, the premises located /.~.~.~ ~. ~. Map ~..~ ....................Lot ....... ~.~..~ .................. is returned herew th and d sapproved on the fo owng grounds~ff~ ~p.~,~......~,~.....~,~....~~..~...,.....Z~...z... ~ ~ ~ /// /~ ~. ,~-~ ~. ~~.,,,..~ Building In~ector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 7, ........................ of .................................. Name of ApPelk~t Street and Number Southola New York ~Y APPEAL TO Mumicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...D..e...c...e:~....b..?..r.....3..1..:...,l?.8..9. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) (x) Frederic P. Rich Name of Applicant for permit of 1470 Hobart Road, Southold¢ New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DIVIDE ,q, ·r I ~ LOCATION OF THE PROPERTY 1470 Hobart Roa es dentia riculture Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number Do not quote the Ordinance.) Article III ~100-31 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A vARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal-(-~e~)-~has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special oermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sar¥ HARDSHIP becQuse : (a) it is impossible to divide the subject par- cel into two lots of 40,000 square feet~ and (b) because of the location of the two dwelling units on the subject parcel~ it is impossible to have both proposed lots meet the minimum width require- ment and still have both proposed lots border on Town Creek. 2 The hardshipcreatedis UNIQUEondisnotshared by ali properties aJike in the immediate vicinity ofthis property and in this use district because this parcel o£ property has two legal, separate and detached dwelling units now existing on the parcel unlike other properties !n the immediate vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no physical change is contemplated by this request, and no increased use of the property will result. The only change would be that each of the dwelling units would be owned separately by different individuals which will not change the character of this residential district. FREDERIC P. RICH STATE OF NEW YORK ) ) ss By: .~~. COUNTY OF SUFFOLK ) Signatur~ .~..~ WILLIAM H. PRICEr JR. attorney/agent Sworn to this .................................... day of ...........~9~ ........................... ]9 81 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 April 17, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Gounty Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number William C. Mercurio et al. ~"~ederic P. 'P&ch Leo & Lillian Brae 2729 2776 2785 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of AppealsT~5_]~0~ TOWN OF SOUTHOLD Main Road Southold, N. Y. 11971 ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ........ ~.O.~.T. ?.O.~ .~.~.e.~.[~ ............. of the town of .~.Oi~l.t .[~. ? ....................... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Appeal Ne. ~776 Frederic P. Rich by William H. Price~ J'r. ) ~q. 828 ;"rent Street, Greenport, NY ll9,i.l ................ Special permits XX 2~rt. III~ Sec. 100-31 ................ Variances Location of affected land: ..~ :.2:...~.::L~..:.~.J:.¥..:.~.~'.';'.¥.,'..~..::¥..~.'.?.~....~.'::.¥.~':'~.~:....}.~.::::~ZZZ. ZJ.:? ........................ within 500 feet of: (check one or more) X~i, Town or village boundary line, or shore line [,~h ~,10¢*~ ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Approval of [n,~ufficient area and ~,,idth of [wo pa[celss each ',~ith a one-family residence, was 9rartted provided parcel ,~;o. 2 (waterfront rear lot) contain a rnintr;mm area el 20)000 sq. ft. and be with similar coafig-ration as Parcel No. 1, and provided further that no accessory buildings may be converted or built for habitable use. Photocopies o£ file attachecl. Date: .....gl..D...r.i.!...1..0.. ?...1.~?.8..]: .: .............. (s~ned) Linde F. Kowalski, Secretary Title 765-1809 Date received by Suffolk County Planning Commission .................................................................................... File No ................................. LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hear- ings to be held by the Soalhold Town Board of Appeals on March 5, 1981, have been recessed until Thursday, g ul be heard at the same times as previously ad- vertised, at the Southoid Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTROLD TOWN BOARD Ob" APPEALS CHARLES GRIGONIS, JR. ITM12-3642 CHAIRMAN COUI~ITy OF SUFFOLR, STATE OF NEW YORK, ~ ss: David H, Walker " ' ............................ being duly Sworn, says that ... b_e.. is Printer and Publisher of the SUFFOLK WEEKLy TIMES, a newspaper published at Greenport, in said County; and that the not/ce, of which the annexed is a printed COpy, has been published in the sa/d Suffolk Weekb/ Times once in each week, for . . orle ............ Weeks successively COmmencing on ~le 1 day of .... ~a.~.c.h. ~q ...... 19.8..~ , ..... Sworn to before me this 12~;h ................. day of .. /~..a?.q.h .......... .19..8.1., ........... H£LEN K. DF_ VOE NOTARy PUBLic. StYe of New York No. 4707878, Suffolk Cou Term Expires March 30, COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE - - NOTICE..~S HEREE¥ GIVEN, th~ ail of tl~e h~a~ngs to b~-~held by~ th~" S~thold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised at the Southold Town Hall, Main Road, South- - old, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR, Chairman 1~, 3/12/81 (50) Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........... .~. ........................... weeks successively, commencing on the .... )...~... .......................... .................... Sworn to before me this ..... :).....~'. ................... day of ...... ...... , LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Richard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. HENRYE. RAYNOR, Jr.,Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGERITCHIELATHAM, Jr. William F. Mullen, Jr. TO ,D Southold, N.Y. 11971 February il, 1981 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed the application of Frederick P. Rich at a regular meeting held February ll, 1981. It was the decision of the board that such setoff or creation does not constitute a subdivision in accordance with Chapter A106-13 of the Code of the Town of Southold. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By ~{uriel Tolman, Secretary ATTORNEY AT LAW 828 FRONT STREET GREENPORT. N.Y, 11944 January 27, 1981 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Application of Frederic P. Rich Appeal No. 2776 Dear Mr. Grigonis: I am in receipt of your letter of January 26, 1981 concerning submission of the proposed division of property to the Southold Town Planning Board. The proposed division was submitted to the Southold Town Planning Board on December 30, 1980. On January 20, 1981 I met with the Southold Town Planning Board, and they informed me that they were going to wait until the Zoning Board of Appeals acted on the variance application before considering the proposed division, per se. If there is anything that I can do to expedite this matter, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam cc : Mr. A. W. Albertson, Jr. Mr. Henry Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ick~ Pursuant to TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. Buildings are existing--no new construction at this time. ~,p.plicant's ~am~e: Frederic P. Rich. Description of Project: Approval width of two proposed parcels each with 1470 and 1580 Hobart Road, Southold, NY. Appeal No. 2776. of insufficient area and a residence and known as Date and Place of Public Hearing: 3/5/81 at 8:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Secretary to the Board of Appeals, Town Hall, Main New York 11971. Telephone (516) 765-1809, or 1802 Dated: February 12, 1981. Linda Kowalski, Road, Southold, (Building Inspector). Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, JR. TER.": '; T 'J'T .u. '. L L ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Saw~ck~ January 26, 1981 William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 2776 ?Application of Frederic P. Rich Dear Mr. Price: The Planning Board on September 23, 1980 amended certain subdivision sections of the Code in that the term "...subdivi- sion shall not include the setoff or creation of a single lot from a parcel of land, provided that before any such setoff or creation shall take place, the owner shall submit such proposal to the Planning Board for its approval and determination of whether such $etoff or creation constitutes a subdivision...," Chapter A106-13. At a regular meeting of the Board of Appeals held Thursday, January 22, 1981 and after legal consultation, it was the unanimous decision of the members that this matter be referred to the Planning Board by the applicant for compliance with the above, prior to scheduling this matter for a public hearing. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk cc: Southold Town Planning Board SIlO?,T.Ei'IVIROI'hk{ENTAL ASSESSIAtziqi ruwuJ ~ "~ NS.T~UCT I,ONS: . · .~ ~). ]n order ~o ons¥1er the questLons $n Ch sho~t EAF it ~s assumed '~ %hot th~ preparer ¥iill use currently available informo%ion concerning Che projec~ and ~he likely impacts of %he action. I% is no~ expec%ed %ho~ addltiono} s~udies, research or other ~r, vest~go¢/ons ¥~ill be undertaken. (b) If any question has been answered Yes the pro)ecl may be completed Env&ronmen~al Assessment Fo~m ~s necessary· slgniFicant and a (c) If all questions have been answered No it is likely project is not significant. (dj Environmental Assessment 1. Will pro)ecl resuli"'in a large physical change to the project site or physically alter more then 10 acres ofI land?. ....................... . 2. that this X No x NO x No x, No x Nq x. No X No' 'Yes X'No Yes x No 10. Yes x No 11. Yes %'Iill there'be a major change to on~ unique or -unusual land form found on the site? ......... Yes %'1ill projec~ al~er or hove a large' effec% on ' .' ' existing body of woter?...~ ........... ~'Zill project have a potenizally on groundwater quality? ....................... Yes Wlll project significantly effect drainage flo¥~ on adjacent sites? ....................... Yes ~?ill project affect any threatened o~ endangered plant or animal specles? .... Yes ~'lill project result in o major adverse g~eg~'~ '' ality?; f Yes on oi~ qu .... ......... · ..... · ~'lill project have o major effect Oh"visual character of the community or scenic views or vistas known to:be imporlont to the community?. Will project adversely impact any site or structure of hisloric~ prehistoric or paleontological importance or any site designated os a critical environmental aJeo by o local agency? .......... Will project have a major effect on exisling or future recreational opportunities?. ......... Will project result in .major traffic problems oK cause a major effect to existing transportation systems? ....................... Will pro,ecl .regularly cause objectionable odors~ noise~' glore~ vibrotion~ or elec'~ricol disturbance os o result of the operotlon? ..................................... ~Vill project have any impact on public health or.safety?.. - directly causing a growth in permanent population of more than 5 percegt over a one year period o__r have a mo3or negative on the character of the community or neighborhood? ................................. Is there public controversy concerning project? ...................................... 12. 13. 14. 15. PREPARER'S SIGNATURE~ REPRESENTING Frederic P. Rich Yes X No Yes X No Yes x No Yes x No Yes X No DATE January 8 , 1981 January 6, 1981 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Frederic P. Rich Location of Property: 1470 Hobart Road Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) May be located within 300 feet o~ tidal wetlands; however, constructed along the w~ter-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 %he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, FREDERIC P. RICH TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OE BUILDING INSPECTOR APPEAL NO. ~ 77~/ DATE ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)...F.,r.e.~,e,,~,.~,°.....~.,:..,~,°,~ ........................ of ....]:~.?..0....,~,.o,..b..a,.,~,,t,.,.~,o,.,a,,a,. .................................. Name of Appellant Street and Number Sour. hold ..,~,,e,.,w,..~,°,r..~, ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Dec~3er 31w 1980 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) Frederic P. R~ch Name of Applicant for permit of' ....................................... Street and Number Municipality State ~ERMIT TO USE PERMIT FOR OCCUPANCY (x) PEI~MIT TO DIVIDE 1. LOCATION OF THE PROPERTY ....1..~..~...~.~.~..a~...~.R..~..~a.~.~.-.~'~...~.~..?.~..~.'~..?..~.'t:..~.a.~.~'~.~.~e Street Use District on Zoning Mop /v~ap 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.) Artlcle III S100-31 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal,-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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I (a) it ts imposs:Lble to divide the subjeot par-- cel into two lots o£ 40,000 square feet, and (b) bec&use of the location of the two dwelXing units on the subject parcel, it ia impossible to have both proposed lots meet the minimum width require- ment and still have both proposed lots border on Town Creek. 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 this parse1 of property has two legal, separate an~ detaohed dwelling units now existing on the paroel unlike other properties in the immediate vicinity. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no physic&l change ia contemplated hy this request, and no increased use of the property will result. The only change would be that each of the dwelling units would be owned separately by different individuals whieh will not change the character of this residential district. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS FREDERIC P. RICH WILLIAM H. PRICE, JR. attorney/agent Sworn to this ........... ,~)..~.., .......................... day of ............ ~.9...r~- ........................... 19 81 BOARD OF APPEALS, TOWN OF SOUTHOLD IntheMatterofthePetitionof FREDERIC P. RICH totheBoardofAppealsoftheTownofSouthold TO: Henry P. Smith & wf. Douglas F. Creighton NOTICE 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) ffe.~ae~i~l-~x-c-et~t4e~)-(~l~-~4=14-~t~g't-)-~t-h~-f~l+o'w'i~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the North by land of Henry P. Smith & wf., Bounded on the East by Hobart Road, Bounded on the South by land of Douglas F. Creighton, and Bounded on the West by Town Creek 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential Agriculture 4. TbatbysuchPetition, theundersignedwillrequestthefollowingrelief:Division of lot ~nto two parcels of insufficient area (less than 40,000 square feet each) a~d one of which having insufficient width. ~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Article III 5100-31 signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January ~ , 1981 ~ Petitioner By: WILLIAM H. PRICE, JR. attorney/agent Post Office Address 828 FRONT STREET GREENPORT, NEW YORK 11944 LEGAL NOTICE . :~OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, the following matters will be held for public hearings by the Southold Town Beard of Appeals at the Southold Town Hall, Main Road. Southold, NY on Thursday, Mereh 5, fabricating) in.,~f~'e~u siness Dislrlct. Localion ff property: Street and Scht~fl House Road, Culchogue, NY: bounded i northwest by School House j Road; northeast by North ~' Street; southwest by Baxler; ! southeast by Case; County Tax Map Item No. 1000-102-S-9.2. 8:20 p.m. Application of Leo and Lillian Brac~ Nassau Point Road, Cutchogue, NY for a I Variance to the Zoning Ordin- : ance, Art. 111, Sect, 100-31 for c permission to alter property '~ line between Subd. Lots No. 49 P and SO. reducing the lot area ': for Lot $0 and increasing the a lot area for Lot 49 of property m located at the east side of Ol Nassau Point Road, Cutch- ~ ague, NY; bounded north by P~ Eggers; west by Nassau Point Road; south by Blaikie: east by i Peconic Bay: £ ~untv Tax Map 8:30 p.m. Application of ~rederic P. Rich, 1470 Hobart __~ H. Price. Jr., Esq,} for L ~Varlance to the Zoning Ordin-_ "once. Art. Ill. Sec. 100-31 for · approval of insufficient arena ~ano wBltn o! two proposed. '~nd known as 1470 and 1580. Hobart Road. Southold, NY;_ bounded northwest b}' Smithi ,. soulhwest by Town Creek; ~oulheast b~ Creil~bran; north- ~easl by Hobart Road; Tax ~a Item No. 1000-64- 3-2. Inc. to 2/5/81), 12, 1981. CHARI JR., IT, 2/19/81 (t7) COUNTY OF SUFFOLK ss: STATE OF NE'V'/ YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that 1he notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. .~ .......................... weeks successively, commencing on the I c} ................. ....... ':::..: ........... Sworn to before me this ....'..'?..?. .................... day of ...... NotaYy~Public ~.~ CLEMENT J, THOMPSON NOTARY PUSLIr~ S~te d New York No. ~.-~1~5 LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the TOWn of So~Ithold, the following matters Will be held for public hearings by the* Southold Town Board of Ap- peals at the Soufhold Town Hall, Main Read, S0uthold, N.Y., on Thursday, March 5, 1981: 7:30 p.m. Application of John and MarY Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph H.,l)ruer, Esq.) for a Variance to ~ Zoning Ordinance, Art: IIl-,,~S~.e~tion 100-30(A), (C) for perrnmsion to operate a retail flower shop .on fiyst floor of existing build- mgm an A-Residential Dis- trict. Location of Property: 52340 Main Road (S.R. 25), corner ot North Street and School House Road, Cut- chogue, NY; bounded north- west by School House Read; northeast by North Street; southwest by Baxter; south- east by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Application of Lee and Lit!tan Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cut- chogue, NY; hounded north by Eggers; wesl by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. s:.~o n m Annlication of Frederic p. Rich. 1470 Hobart Road, Southold~ NY (William .J/. Pric, e? Jr.. Es-o.) for a Variance to the Zoning Ordi- · rlanee,~.Art. III~ See. 100-31 t'or _ approval of insufficient area being duly Sworn, ~hd w~th of two orooeaed ........ ~l~r. ggll~aeh with a residence. Publisher 0t[ lhe SUFFOLK and known as 1470 and 1580 ~ab~'~YR~hd. ~,,,,*h.la, ~,rv: lished at Greenport, in said bounded northwest by Smith; ~--~'oul~w~st ~y-T0W-ir ~;reel~ :h the annexed is ~x printed ~east by Hobart Rrmd: T,~Tfl_ax~Ma_pitem No. j000~4:3_2, i~J.d Sui/olk Weekly Times 8:35 p.m. Application of weeks North Fork Motel, Inc. to ................... change existing motel use to ...'[.~.'t.~. .................. privately-owned units. (Prey- iously advertised 2/5/81). Dated: February 12, 1981. BY ORDER OF ~ THE SOUTHOLD TOWN .......................... BOARD OF APPEALS CHARLES GRIGONIS, JR., ' ' ' ' CHAIRMAN ~,j, , 1TF19-3629 HELEN K DE VOE NOTARy PUBLIC, State of New York No 4707875, Suffolk County. Term £xp~res March 30, JUDITH T. TERRY TOWN CLERK RI G[STRAR OF VIRAL STATISFICS oFFicE oF TOW~ CLERK town SO "O o SOF OTzK cOUNTY Southokl, L. 1., N. Y. 11971 TELEPItONE (516) 765-1801 January 12, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2776 application of Frederic P. Rich for a variance. Also included are notification to adjoining property owners as follows: Henry P. Smith & Wf., Hobart Road, Southold, N.Y. 11971; Douglas F. Creighton, 320 East 54th Street, New York, New York 10022. JTT/bn Enclosures Judith T. Terry Town Clerk ATTORNEY AT LAW 828 FRONT STREET GREENPORT, N.Y. 11944 Phone (516) 477-1016 January 8, 1981 Mrs. Linda Kowalski, Secretary Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Appeal of Frederic P. Rich Dear Linda: Enclosed herewith please find necessary application forms and documents to place this matter on your calendar. Please inform me of the date when this matter will be on. If you have any questions or need any further information, please do not hesitate to con- tact me. Very truly yours, William H. Price~ Jr. WHP:kam Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD Inthe MatterofthePetitionof FREDERIC P. RICH totheBoardofAppealsoftheTownofSouthold TO: Henry P. Smith & wf. Douglas F. Creighton NOTICE 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) .(-.~.~i~-E-x..eepfi. e~)-.(.~l~.i~-.Pe,~t-)-~t~ok~,~~ ; ). 2. That the property which is the subject of the Petition is located adiacent to your property and is d~s- crihed as follows: Bounded on the North by land of Henry P. Smith & wf., Bounded on the East by Hobart Road, Bounded on the South by land of Douglas F. Creighton, and Bounded on the West by Town Creek 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential Agriculture 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief:Division of lot ~nto two parcels of insufficient area (less than 40,000 square feet each) and one of which having insufficient width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III S100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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 Travcler-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: January ~ , 1981 ~ Petitioner 2 P. RICH By: WILLIAM H. PRICE, JR. attorney/agent Post Office Address 828 FRONT STREET GREENPORT, NEW YORK 11944 PROOF OF MAILING OF NOTICF NAME ADDRESS Henry P. Smith & wf Hobart Road Southold, New York 11971 Douglas F. Creighton 320 East 54th Street New York, New York 10022 PS Form 3800, Apr. 1976  ~'l ~' I OPTIONAL SERVICES I ~ 'i ~' ~ ~l ~:~"r~l: ~ ~1 o RETURN RECEPT SERVCE / ~ ~' ~ [~ m I'~Z' i. Li ~ ~ I I i ~ ,~i~l ~ I o ~i~-~!m I ~<~l ~I ~I I <i ~ I ~ I I ~ ] I I I I I  i i I ~ i ~I I~l i I L ~ ~m STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: KATHY A. MAZZAFERRO , residing at (No 9) Chestnut Road, Southold, New York 11971 , being duly sworn, deposes and says that on the ~441 day of January ,19 81., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by (certified) (.r~e~) mail. Sworn to before me this ~;~h January ,19 81 l~ootary Public / DORIS ~,~, GABLE NOTARY PUBI 'C o! New Suffolk Cou ~, 470159~, T~.cm Expires b'~arch 30, ~' KA~Y' A.- ~{A Z~F]~RRO DEPARTMENT OF PLANNING (516) 360-5513 April 17, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk ~ounty Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number William C. Mercurio et al. ~ederic P. Pd. ch Leo & Lillian Brae 2729 2776 2785 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner TOWN CLERK 765-3783 Building Dept. Planning Bal. 765-2660 Board of AppealST~_] TOWN OF SOUTHOLD Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the Board of Appeals Southtd ..................................... of the town of ...... ~ ....................... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Appeal No. 2776 Frederic P. Rich by ~.,filliam I-l. Price~ Jr., 828 ~'~ont Street, Greenport, NY ................ Special permits XX ..~rt. III~ Sec. 100-3i ................ Variances ............................................................................. .-. :: ........................ Location of affected land: itTC end 15~0 HoL, art P~oe,~ ~,~uth~[~. '~ ' ' '~ within 500 feet of: (check one or more) ................ Town or village boundary I{ne, or shore line '~'~.'t~ ~'~ 7, e~" ................ State or count,/road, parkway or expressway ................ State or count,/park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Appr)vai of ~n,~ufficient ~:~'e~ z~tict width of [wo pa[cels~ eact~ ~qit~ a one-family residence, was 9x'ar~t~ proviJed parcel .No. 2 (watex-front x-eaz lot) cont~n a rninir~.um area el 20~000 sq. ft. aud ~ ~lth similar co~xg~ration as P~cel No. 1, and provided further that no accessory buildings may be convert~ or built for h~it~le use. Photocopies of file attached. Date: April 10, 19S1. (signed) Linde F. Kowalski, Secretary 765-1809 Date received by Suffolk County Planning Commission .................................................................................... File No ................................. LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hear- ings to be held by the Southold Town BOard at' Appeals on March 5, 1981, have been recessed until Thursday, March 12, 1981, which said hearings wilt be heard at the same times as previously ad- vertised, at the SouthoJd Towa Hall, Main ROad, Southold, N'Y. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLEs GRIGONIS, JR. ITM12-3642 CHAIRMAN COUNTy OF SUFFOLR, STATE OF I~/EW YORK, ~ ss: ........................... being duly Sworn, says that ... b.e.. is Printer and Publisher of the SUFFOLK WEEKLy TIMES, a newspaper published at Greenport, in said County: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times Once in each Week, for .. olle ......................... weeks successively COmmencing on the 1 2~;h Sworn to before me this 12'1;h I .................. day of .. NOTARy POO£1C, StYe ot New No. 4707878 Suffolk ^ York Term £xp,res ~/arch COUNTY OF SUFFOLK STATE OF NEW YORK LEGAL NOTICE - - '~ NOTI~2E. '.iS :i HEREBY GIVEN, th&i ail 6f tt~e he~4ngs to b~:held ~y'th~' Sb~thold To~ ~ard of Ap~als on March 5, 1981 have been ~ssed unt~ ~ursdny, M~ 12, 1981, which said hen~s w~l be h~rd at the ~me times as previously adve~ised at the ~uthold To~ Hall, Main Road, ~uth- - old, ~. Dated: March 5, 1981. BY O~ER OF THE SOUTHO~ TO~ BOA~ OF APPEALS CHARLES GRIGONIS, JR. ~ai~an 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 ........... .~. ........................... weeks successively, commencing on the .... )...~.. .......................... Sworn to before me this ..... :)...~.. ................... day of ...... ~~ ...... , 19...?...~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Richard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. HENRY E. RAYNOR, Jr.. Chairman ,]'AMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. W±ll±am F. Mullen, Jr. TO D S1 Southold, N.Y. 11971 February 11, 1981 TELEPHONE 765-1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed the application of Frederick P. Rich at a regular meeting held February 11, 1981. It was the decision of the board that such setoff or creation does not constitute a subdivision in accordance with Chapter A106-13 of the Code of the Town of Southold. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD / ~ By ~Uriel Tolman, Secretary ATTORNEY AT LAW 828 FRONT STREET GREENPORT. N.Y. 11944 January 27, 1981 Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Application of Frederic P. Rich Appeal No. 2776 Dear Mr. Grigonis: I am in receipt of your letter of January 26, 1981 concerning submission of the proposed division of property to the Southold Town Planning Board. The proposed division was submitted to the Southold Town Planning Board on December 30, 1980. On January 20, 1981 I met with the Southold Town Planning Board, and they informed me that they were going to wait until the Zoning Board of Appeals acted on the variance application before considering the proposed division, per se. If there is anything that I can do to expedite this matter, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam cc : Mr. A. W. Albertson, Jr. Mr. Henry Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals MAIN ROAD-BTATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUT:',', LL ROBERT J, DOUGLASS GERARD P, GOEHRINGER Joseph H, Sawicki Pursuant to TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to. the environment. Buildings are existing--no new construction at this time. ^p.plicant's Name: Frederic P. Rich. Appeal No. 2776. Description of Project: Approval of insufficient area and width of two proposed parcels each with a residence and known as 1470 and 1580 Hobart Road, Southold, NY. Date and Place of Public Hearing: 3/5/81 at 8:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalsk{, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: February 12, 1981. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Saw~ck~ Southold Town Board of Appeals MAIN ROAD- BTAT£ RI~AD 25 SDtJTHOLD, L.I., N.Y. 'l'lCJ'7~l TELEPHONE (516) 765-1809 January 26, 1981 William H. Price, Jr., 828 Front Street Greenport, NY 11944 Esq. Re: Appeal No. 2776 /Application of Frederic P. Rich Dear Mr. Price: The Planning Board on September 23, 1980 amended certain subdivision sections of the Code in that the term "...subdivi- sion shall not include the setoff or creation of a single lot from a parcel of land, provided that before any such setoff or creation shall take place, the owner shall submit such proposal to the Planning Board for its approval and determination of whether such setoff or creation constitutes a subdivision...," Chapter A106-13. At a regular meeting of the Board of Appeals held Thursday, January 22, 1981 and after legal consultation, it was the unanimous decision of the members that this matter be referred to the Planning Board by the applicant for compliance with the above, prior to scheduling this matter for a public hearing. Yours very truly, CHARLES GRIGONIS, CHAIRMAN JR. CG:lk cc: Southold Town Planning Board thi'~'short EAF it is assumed that th~ preporer tlill use. currently ovoiloble information concerning the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If oil questions have been answered No it is likely that this project is not significant. .. -: (d) Environmental Assessment ~. Will project result in a large physical change " to the project'site or physically alter more f land? Ye N than 10 acres o ........................ s x o 2. Will there'be a major change to any unique or -unusual land form found on the sit&? .......... Yes X NO 3. Will project alter or have a large'effect'on . existing body of water? ....................... Ygs. x 4.. Will project have a potentially large impact , on groundwater quality? ....................... Yes No 5. Will project significantly effect drainage flo~ adjacent sites? '.,. Yes x 6. ~9ill project affect any threatened or endangered plant or animal species? ........... Yes x. No 7. Will project result in o major adverse effect .'. quality? ~ Yes X No' on air ..... ......... - ............... 8. Will project have a major effect Oh"visual character of the community or scenic views or. vistas known rathe important to the community? 'Yes X'No D. %~ill project adversely impact any site or .- . structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental area by local agency? ........... ...... Yes x No 10. Will project have a major effect on existing or future recreational opportunities?. ......... Yes x No '11. Will project result in.major traffic problems a~ cause a major effect to existing · transportation systems? ....................... Yesx No 12. Will project .regularly cause objectionable odors, noise,' glare, vibration, or electrical result of the project' X disturbance as a s . operation? ' Yes No 13. Will Project have any impact on public health or.safety? .................................... Yes × No 14. Will p~oject affect the existing community by ' directly causing o growth in permanent population of more then 5 percegt over a one year period or have o major negative effect on the charoc-~er of the community or neighborhood? ................................. Yes × No ~s there public controversy concerning the project? ...................................... Yes x No 15. PREPARER'S SIGNATURE~ REPRESENTING Frederic P. Rich DAZE January 8 , 1981 January 6, 1981 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Frederic P. Rich Location of Property: 1470 Hobart Road Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) May be located within 300 feet o~ tidal wetlands; however, constructed along the walter-lying ~dge of this property is a bulkhead in very good condition and at leas~ 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 i~ 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 ~he best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, FREDERIC P. RICH By: .~lce, -'--~,',, '~,, ~, -~ &~35'~ / ~79' S[CTION %20~ OF THE NEW YO~K STATE I.i F. Or~ '_~ $ 2. SA(c) NAME PROOF OF MAILING OF NOTICF ADDRESS Henry P. Smith & wf Hobart Road Southold, New York 11971 Douglas F. Creighton 320 East 54th Street New York, New York 10022 STATE OFNEW YORK ) COUNTY OFSUFFOLK) SS.: KATHY A. MAZZAFERRO . residing at (No 9) Chestnut Road, Southold, New York 11971 , being duly sworn, deposes and says that on the ~c~'q41 day of January ,19 81 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold ; that said Notices were mailed to each of said persons by (certified) (.r.~.,g~e.d-) mail. Sworn to before me this c~.~ da~f January ,19 81 Notary Public ,' g0PdS [,]. GADLE NOTRRY PUBi'C ' ot New Suffolk Co~ ~. 4701594j:. IJ~zm Expires N~arch 30, P19 402s038 RECEIPT FOR CENriFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Mr. Douglas Creightoz STREET AND NO 320 E. 54th St. PO STATE AND21~CdDE New York, NY 10022 ~ SPECIAL DELIVERY ~'~RE~T RICTED DEliVERY ~ ~ SkO~ iO WHOM DATF ~ ~ -j r)EUVERY _~ ~ SH6WTOWHOMANDnArE SHOW TO W~lObl DA~E AND 1/8/81 P19 RECEIPT FO-R CS'ATIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) [~7~°Henry p. Smith ~YREET%ND NO Hobart Road AND ZIP CODE NY 11971 CERTIFIED FEE ¢ ;IAL DELLVERY TF IE EDDELIVER~ SHOW TO WHOM AND ¢ SHOW T0 WHOM DATE AND ADDRESS OF DELIVERY DELIVERY 1/8/8z © N/F EC4/.,.NA~D T' L..__.j L~ ~.A:_E AS NOT E~ E1 MOHUMENT