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HomeMy WebLinkAbout2855, 3I~50le Jule Lane,_ Maktituck 9~3~ 9/I2/8I new dwellin~ TOWN OF SOUTKOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2855 by application Dated jUly 27, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Richard Posselt 23 Fairmont Street Huntington, NY 11743 Appellant at a meeting of the Zoning Board of Appeals on September 17, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ Request for a variance to the Zoning Ordinance Art. II I, Sec. 100-31 ( ) the appeal 1. :~M~'~-a~n~XX(~I~g~:~Xr.7~K~hX~N.F~XI~yeI~K~X~X~~XaX~./~iX~tion ( ) be ~anied ( ) be de,ed pursuant to Art~le .................... Sect~n .................... Subsect~n ....... ~ ............ para~aph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~~ Public Hearing 9/3 & 9/17/81: Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp; west by Ole Jule Lane; south by Ole Jule Lane; east by Battersby; County Tax Map Item No. 1000-122-5-18. (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 urmecessar~ (b) The hardship created (is) (/s not) unique and (would) (would not) be shared bY all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant seeks permission to construct a new dwelling at the southerly end of Ole Jule Lane, Mattituck, with a rearyard setback of not less than 15 feet, established frontyard setback of approximately 40 feet, and sideyard setback of approxi- mately 50 feet. The premises in question contains an area of 16,120 square feet and has been in single and separate ownership since 1964 according to information supplied from the Assessors of the Town of Southold. The Board agrees with the reasoning of appellant. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief would not change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any increased population; that the practical difficulties are unique; and that the interests of justice will be served by granting the relief as requested. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Richard Posselt be granted a variance to the zoning ordinance, Article III, Section 100-31 as applied for in Appeal No. 2855, provided that the setback from the easterly property line (currently abutting Battersby) be not less than 15 feet. Location of Property: 3145 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel Item No. 1000-122-5-18. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehe' ringer, Sawicki and Grigonis. APPROVED RECEIVED AND FILED BY TIlE SOUTHOLD TOWN CLERK DATE /m/2//$/ HOUR k, Town o~ So'Stl:.cld LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 com3nencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, NY; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. H7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, untington, k~ 11743, for a Variance to the Zoning Ordinance, Art. III, Sec lO0-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp, west by 01eJule Lane.,south by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of ~LQ~~, 60 Central Drive, Mattituck, ~ for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, NY; b~unded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. ll4). 7:40 p.m. ~pplication of Harry P. Fa~an, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct addition with an insufficient rearYard setback at 400 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application Of Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park, h~ 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southold, NY; bounded north by Ws~od Drive, west by Clear View Road, south by Lakeside Drive, east b~ Haskins; County Tax Map Item No. 1000-90-4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of ~ames Genovese~ 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro. east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C.-Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2-8, 18. 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys C. Bayle~, c/o Flower Hill Build- ing Corp. as agent, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, hq; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-Il9-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). ~age 3~ egal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12. 9:05 p.m. Application of William and Ann Zoldess~, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. IIi, Sec. lO0-31 for approval of insufficient area and width of two proposed parcels located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Ave., west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-I13-7-4.1. 9:15 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Z~ning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl% III, Sec. 100-31; or (b) determining this improvement not to be an addition to the existing structure under the ordinances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cutchogue, NY; bounded north by Fleetwood Road, west by Pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subdivision Map No. 539 Sec. I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. 9:30 p.m. Application of ~ohn Kowalski~ Jr. and Chester Berry~ Jr., c/o 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for permission to rebuild principal building with %nsufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by North Fork Bank and Barker, west by Protestant-Episcopal Church, south by Sound Avenue, east by Love Lane; County Tax Map Item No. 1000-141-4-part of 28. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD T0%~ BOARD OF APPEALS CH~RLES GRICONIS, JR., CHAIR~N Instructions to newspapers: Please publish once, to wit, Thursday, August 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before September 2, 1981. page ~ - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande" Mr. Richard Posselt Mr~ and Mrs. Demetrios Joannides Mr. and Mrs. Marry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayley, c/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for Anthony G. Nowachek Messrs. John Kowalski, Jr. and Chester Berry, Jr. Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/2~/81: Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ............... .,~..U.L. )[...~., 19.~. J. File No ................................ To ....-~.! .~./~..~..7~. ~. ~c9 9 ~ E LT ...... ~..~.~.!~..~.~ .... ~. .........................HU~ ~ ~,2 h~.?~- It PLEASE TAKE NOTICE that your application dated ............. ~9~I ~... ~ 19 ~. }. for permit to construct .... ~.(6)..~.L:I:..hi..G-. ......................................... at Location of Property ~1 ~" d~kE' ~JU/-&- /_.~q&/k-- /'~/¥..-~..~..~?..t~.., ~t~e Ho] ....................... 'S't~e~i .................... Hamlet County Tax Map No. 1000 Section ... {..~..~ ..... Block ...... 5 ..... '.~ Lot . ( .~. .......... Subdivision ................. Filed Map No ................. Lot g~o .................. is returned herewith and disapproved on the following gr;~nds....'~4~.... '~P...~.. ~ ........ .c~.......~.....~¥ ~ ~ ~e.'.~~..~.....~e...~.~/.....~...~.... .~ ~.~.... ~.~:.. ~.... ~.~...~...~......~....~ ~. ~~ ....... .... .... ........ ~HE ~/~ ~ p5 .......... av~/eo E ' A~ ~ O~P TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Huntington ....... ~.;.~.; ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ?/8/~1 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Richard Passel t of 23 Fairmont St., Huntinston, .Y. Street end Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct dwelling 1. LOCATION OF THE PROPERTY .3.].?c-~...q!..e....$.1~..L.e....~.~.~.e. ...................... ~).~.~(J.~..?..0..0. ............... Street Use District on Zoning Map Sec,/122 Block 5 I~ 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.) Art. Ill 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been 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 ................................. Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zon!ng Ordinance X)' A V~rlrance t]~ Art~- III 100-31 ,s requested for the reason that & dweqling can be constructed properties. conforming to surrounding ~orm ZBt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Property was bought and paid for F~ee and clear with the verbal understanding (from a local Rea~) 2hat the progerty w~s read~.ly bui!d~b]e without the need of a variance. The money invested re~:resents a substantial amount of life savinq's. 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because ~ shape of the property does not let it be defined as a corner lot; therefore, I do not have the required minimum re~.r yard. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because We co~zld reposition the dwelling ~nd it would conform to the rest of the ~eighborhood. COUNTY OF -,~ ut'i~-I<' ) Signature Sworn to this ................ ..,~.....~.. .................... day of ....... k~...~...~.?,. ...........................i .....19 ~>/ .~' EUGt~3J~' J. ECl<ER Notary Public, State of New York No. 30-1069835 Qualified In Nassau County,~ .Commission ExpiresMar~O, 19~g' ~-~ ...... YOUNG & YOUNG SURVEY FOR FRANK X. BATTERSBY ~ MARGOT R. BATTE RSBY MATTITUCK SCALE, I"= 40' ~~¢~} ~ COUNTY OF SUFFOLK~' DEPARTMENT OF PLANNING Town of Southold Board of Appeals (516) 360-5513 December 7, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~plicant Municipal File Number Michael A. LoGrande Richard Posselt Donald J. Finnerty Toba Laja Orro Lemore Adamson Alan A. Cardinale Mr. & Mrs. Warren Hufe, Jr. Peter & Patricia Lenz 2854 2855 2861 2882 2888 2889 2890 2892 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board o Appeals MAIN ROAD- STATE ~OAD 2S '::::OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ~C~ Variance from the Zoning Code, Article III, Section __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 2855 Applicant: Richard Posse!t Location of Affected Land: ~J~5 01e Jule Lane~ ~attituck County Tax Map Item No.: 1000- 122-5-18 Within 500 feet of: __ Town or Village Boundary Line I~ Body of Water (Bay, Sound or Estuary) James C~eek __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or __ Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting Copies of Town file and related documents enclosed herewith for your review. Dated: ~mber /~ ~9~1Secretary~'~, ~o~ar~ o~f~p~p~ls MEMORANDUM FOR THE FILE: 9/5/81 - Richard Posselt brought in survey dated 1951 showing setbacks of neighboring houses and has advised the secretary that he will be using his original house setbacks as applied for. (At the hearing Mr. Posselt was contemplating changes in the position of the house.) His hearing has been recessed till September 17, 1981 at 8:15 p.m. Linda $outhold Town Board o£ Appeals MAIN ROAD- STATE ROAD 2=. =.nUTHnLD, L.I,, N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI September 4, 1981 Mr. Richard Posselt 23 Fairmont Street ~ Huntington, NY 11743 Re: Appeal No. 2855 Dear Mr. Posselt: This letter is to confirm that your variance application has been recessed until Thursday, September 17, 1981 at 8:15 o'clock p.m. for public hearing. Please keep our office advised of any changes in your proposed plans concerning this variance. Yours very truly, ~ - . CHARLES GRIG~O' S,~J. ~ CHAIRMAN (By Linda Kowalski, Secretary) SrEL.~r~UTHr'ILD 5-266D TOWN nF -~OLITHOLD 0FFIOE rlF BUILDING INSPEOTOR TOWN [~LERK'S OFFICE SOUTHOLD, N. Y. August 28, 196~ Termimi & Siegel, Builders Hampton Bays, N.N. ATTN: Alexander Termini Dear Sir; Enclosed please find building permit for ~zilek as requested. Please be advised that the former owner of this lot (Lethen) appears to have left himself an undersized lot which will be unusable and unsaleable. At some future time he may wish to make an adjustment with Mrzilek to take back some of this lot in order to get the required area for his remaining parcel. Yours truly Building In~ COUNTY OF SUFFOLK STATE OF NENV YORK Patricio 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 ..... ?)....~. ....................... day ~-~...__~~"~ ............ 1~9...~---'..} LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, September 3, 1981 commencing at 7:15 p.m., as follows; 7:15 p.m. Application of Michael A. LoGrande, 63 Pinedale Road, Hauppague, NY 11788 for a Variance to the Zoning Ordinance, Art. III, See. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwat~r Avenue, Cutchogue, NY; bouJlded north by Madze- lan, wesJ by Chituk, south by Stillwate~ Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. ,7:25 p.m. Application of ,Richard Posselt~ 23 Fairmont- Street. Huntintrtom NY 1 ~ 7431 ,for a Variance to the, Zoning J)rdinance~ Art. IIl~ Sec. ,100-31 for approval of an insufficient rea~,ard setback for new dwelling at 3145 Ole ,3ule Lane, Mattituck, NY; ~ounded north b}' Allsopp, jwest by ,Old Jule Laner south~ by Old Jule Lane. east by ,Battersbv; Count}, Tax Map. ,Item No. 1000-122-5-18. 7:30 p.m. Application of Sworn to before me this .......... .x. .................... day of 19...~. Hill Building Corp. as agent, Cutchogue, NY by Richard F. Lark, Esq., for a Variance to the Zoning Ordinance, Art. IlL Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook, west. south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutcho~ue, NY for a Variance to the Zoning Ordinance, Art. Ill,' Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Botts Street, Cut- chogue; bounded north by Hanson, west by Botts Street, south by Samios, east by Fleetwood Road; County Tax Map ltem No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of insufficient area and width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west by Vallely, south by Lindsay, east by Rassell; County Tax Map Item No. 1000-113-7-4.1. Legal Notices LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Seathold Town Beard of Appeals at the South- old Town Hall, Main Road, Seuthold, NY on Thursday, September 3, 1981 commenc- ing at 7:15 p.m., as follows: 7:15 p.m. Application of Michael A. LoGrande, 63 Pine- dale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwator Avenue, Cutchogue, NY; bounded north by Mad- zelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. cLw~llin~ nf CLl~ nla i,de Lapel. Mattituek. NY: bounded north o OI f, 7:30 p.m. Application of Demetrios and Jeanne Joan- hides, 60 Central Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct' deck/addition to dwelling with'an insufficient frontyard setback at 60 Cen- tral Drive (a/k/a 3905 Break- water Read) Mattituck, NY; bounded north by Nolan, We~t by Tsounis, south by .Central Drive, east by Luther~ Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114L 7:40 p.m. Application of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts Street; Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110.6-9. 7:50 p.m. Application of Thomas and Phyllis Mans, 6 Michele Terrace, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oak- wood Drive, (a/k/a 505 Lake Side Drive North), Seuthold, NY; bounded north by Wood Drive, west by Clear View Road, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-90. 4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Seuthold, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100.31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8;05 p.m. Application of Jon C. Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinaries, Art. parcels in a proposed sub division, and for permission to relocate building with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: Pc- quash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Read, east by Jezek; County Tax Map Items No. 1000.137-2- 8, 18, 19. 8:20 p.m. Application of Mary Hay, 375 Factory Ave- nue, Mattituck, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct carport/addition with insuffic- ient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mi{is, east by Fac- tory Avenue; County Tax Map Item No. 1000.122-6-6. 8:30 p.m. Application of Gladys G. Bayles, c/o F{ower Hill Building Corp. as agent, Cutchogna, NY, (Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A for permis- sion to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Read (pri- vate) aJ Nassau Point, Cut- ehogue, NY; bounded north by Ahrens, Smith Read and Cook, west, south and east by the Bay; County Tax Map Item No. 1000.119-1-14, (further known as Nassau Point Subdi- vision Map No. 156, Lot A). 3:50 p.m. Applioation of Donald J. Finnerty, 1530Fleet- wood Road, Cutehngue, NY for a Variance to the Zoning Ordieanee, Art. III, See. 100-32 for permission to construct addition to accessory building in the frontyard area, leeated at 1530 Fleetwood Read and Betts Street, Cutehogue; bounded north by Hansen, west by Betts Street, south by Samies, east by Fleetwood Read; County Tax Map Item No. 1000.137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Varianea to the Zoning. Ordinance, Art. III. See. 100-31 for approval of insufficient area arid width of two proposed parcels, located at the south side of Bergen Avenue, Mattituek; bounded III, Sec. 100-31 for approval of north by Bergen Avenue, west insufficient area and width of by Vailely, south by Lindsay east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, See. 100- llSD for permission to ese existing building as an auto- mobile repair shop (and/or reestablish preexisting use to ..... being duly Sworn. permit use as an automobile repair shop), at 73225 Main blisher o! t.he SUFFOLK Read (S.R. 25), Greenport; bounded north by Village of heal at Greenport. in said Greenpert, west by Wardow- ski, south by Main Read, east the annexed is a printed by Rutkeski; County Tax Map Item No. 1000.45-3-part of 2. d Sutgolk Weekly Times 9:30 p.m. Application of Anthony G. and Helen M .................. weeks Nowachek, P.O. Box 355, quashAvenue, Cutchogue NY for a Var ance to the Zon ng ........................ Ordinance: (a) to construct deck/addition to dwelling with- an insufficient frontyard set- back pursuant to Article III, ' ............ Section 100-31; or (b) detorm- ~ ining this improvement not to ' ' i be an addition to the existing · j structure under the ordin- ~...~. ,L..~//..p~<.. anees. Location of Property: ~ ........... Corner of Pequash Avenue ' and Fleetwood Read, Cut- ........................ chogue; bounded north by Fleetwood Read, west by Pc- quash Avenue, south by Go}d- HELEN K DE V0E smith, east by Sehreder; Ray- R¥ PUBLIC. Siae o~ New atone Realty Corp. Subd. Map) 4707878 Suffolk Counlv No 539, Section I, Lots No 45 rx ,r s'March 3n lq ~--~ and northerly half of 44; Coun- ty Tax Map Item No. 1000-110- 4-1. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TA27-3755 MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER N. Joseph H. Sa~ricki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2855. Application of: Richard Posselt Location of Property in Question: 3145 Ole Jule Lane, Mattituck County Tax Map Item No. 1000- 122-5-18 Project Proposed by Appeal Application: New dwelling with an insufficient rearyard setback. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question appears to be located within 300 feet of tidal wetlands area, but the wetlands area is sepa- rated by a road or similar type of barrier. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: August 6, 1981. Copy to: Town Clerk Bulletin Board Applicant or his Agent Original in ZBA file BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS JUDITH T. TERRY TOWN CLERK REGI$1RAR OF VITAL STATISTICS FOWN OF SO.HOLD SUFFOLK cOUNTY Southold, L. 1., N. Y. 11971 TELFPItONE ($16) 765 1801 July 27, 1981 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2855, application of Richard Posselt for a variance. Also included is Notice to Adjacent Property Owners Mr. & Mrs. Frank Battersby and Edgard Allsop, Short Environmental Assessment Form, Tidal Wetlands letter, surveys of the property and Notice of Disapproval From the Building Inspector. that t,~e preparer ~i!1 uso currently available infor~:~ation concerning the project and thc lit:el7 im~c'[s of the actinn. It is not expected that additional stodicr., re:;c~rch or other investigations will be undertaken. (b) If cn7 quay. lion has bccn ons'.rorcd Yes the project may be ::i!~,ificonL ..md o co:a;~l,Led [{~vlronraentol Assessment Form is necessary. (c) If ail quez~Lions hove been onsv/ered Ho it i5 likely that this project J:, no[ significant. Environmant(:l As:;cssr.~eni ' ' to ~}lc: projoc[ site' or pnys~col.y' ' ~ alter more ~N t' ~m 10 ocrey, of lcmJ? ....................... Yes 2. Ui!i t},cre bo o mn jar change ia any unique or .u~,usuol le~d fn~m found on the s~,e~ ........ Yes ~ ¥/ill pro~,::ct oiler or hove o large effect on exisfin9 body of wotorT ..................... Yes 4. ~'/ilt p;ojoci have o potentially large impoc~ om 9roun(l',zo'ter quoll.y~ ..................... Yes 5. ¥,'tll project sionificontly cf'fact dro~nooe flow on odjc~ccn[ siLc~? ...................... Yes 6. ¥/ill projec[ affect any threatened or cndon~crcd plant or or~imol species? ...... Ye5 ~o ir q~ li'y~ Yes ~o 8. ¥Iill project h(:ve o mojor effect on visuol cbc;roe-itt of the cot,muni[y or scenic views or vistas known in be Jmporiar,f ia the community?.._ Yes. ~o 9. Uill project odverse!y impact ony site or .. r. iruclure of hit. torte, prell.istoric or po.leonio!.ouicol imporlonce or ony sJ. te de~ignoLed os a critical environmental oreo 10. Uill proj~:ct have o ,,ojo~ effect on exis~inO Yes''' / or fu[ure recrootiono] opporiuni~ies? ......... 21. Uill projcc¢ result in .meier traffic problems or cou::e a meier cfr'cci to existing tranr, pr~rtotlon sy~'t,:mr~? ....................... Yes~No 12. ¥,'ill project regu!c:rly cause objectionable odor~, noise, glare, vibration, or elcctric61 disturbo:]cc 05 n result of thc project's opera [ let,? ' Yes~o 13. l'lil! project [,c~ve on). ir.~poc[ on public "ely? Yes lg. ¥/il! p~oject c~[fect thc e>;isiing community [>y--' directly tour. in9 ~ 9rowth in populalion of more than 5 percept over o one year period or have o mojn~ negative effect on the chorocier of the community or nelohborhood? ................................. Yes 15. Is there public controvcrsy concerninO tko '' proj-ctV Yes (Today '/m~ Dance) To: Southold Town Board of Appeals Main Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ?OWN OF SOUTHOLD, NEW YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,~'6~',',',',',',',',',~ . DATE ........................ TO THE ZONING BOARD Of APPEALS, TOWN Of SOUTHOLD, N. Y. ], (We) .... ~.~r..a....~.o..~..~.~ .......................... of ...~).....P.~..~..~...~.~...., ................................... Name of Appellant Street and Number ................... ~.q.~..~..n.g.'9..o..n.. ........................................................ ~.:.~.: ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ ~../..8.../..8.~ ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Nome of Applicant for permit of ............ ~ ~...~,~ ~.r..~.o...n.~;...s.~.,..~...~.u...n. ~.Ln. ~ .o...n. ~ ...,.J... .......................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct dwelling 1. LOCATION OF THE PROPERTY ..3..~.~...0..~.e.....~.,,u.~.e.......L~...~...e. ..................... .~.~..0.,0.,q .............. Street Use District on Zoning Map ................. i?. ..................... 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.) Art. III 100-31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Lows Art. 16 Sec. 980A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]~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 ( ~ A Variance to Art. III 100-31 is requested for the reason that A dwelling can be constructed conforming to surrounding properties. ~orm z1~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce procticaldifficultiesorunneces- so~ HARDSHIP becau~ Property was'bou&ht and paid for ~ee and clear with the verbal understanding (from a local Reat~'~-~) that~'-~'~ property was readily but~.]able without the need of a variance. The money invested represents a substantial amount of life savings. 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 The shape of the property does not let it be defined as a corner lot! therefore, I do not have the required minimum rear yard. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because We could reposltion the dwellir~ and it would conform to the rest of the ~ighborhood. STATE OF NEW YORK ) ) ss COUNTY OFSo/~ ) Sworn to this ~/'Y day of ...... Notary Public, State of New Verk No. 30.1069835 Qualified in Nassau Courl~y~ Commission Expires Mat~O, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance! (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Peri,on, the unders gned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ,/O o -- ~ ! 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 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: '-~ J :L~ I ~ ~ Pos Office Address~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Ed~a~ ,%qlsopp & '1fie ~79~ Ole~!ulane M%tt~tuck, N.Y. 119J2 .[ U.S POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM MAY 1976 3817 ~GPO: 1977~750-851 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.; ~L/v~/Tr 4,'G ?,'~' ~'~ '~'J ~/- f, , being duly sworn, deposes and says that on the ~L/~ day of ~-(/c_ '~ ,19 f'( , 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 oppRsite 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 Soutl~old; that said Notices were mailed at the United States Post Of- Sworn to before me this day of q~/~y % ,19 ~_ ELI G E N ~t~/J: ECKER Notary Public, State of New York No. 30-10~9835 ~ualifled i~ Nasg~J County~ Oo~rnl~si~a [xpires Mar ~0 ~TTIT~ ~al~ : 40'= I" RODERICK VAN TUYL, LICENSED LAND SURVEqFORS G~E£NPORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL HS NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. (st , API~.ICANT SERVICES -- FOR APPROVAL OF CoNsTRucTION oNLy DATE: , , , H. S. REF. NO.: APPROVED: , ~jlrFOLK Co. TAX MAP DESIGNATION: DIST. SECT. BI~OCK PCL OWNaS~ SEAL ' SUFFOLK CO. HEALTH DIPT. AHI~OVAL H.S. NO. THE WATER S~Y ~ ~Wq DI~AL ~NFORM TO THE STA~AR~ ~ T~l ~FFOLK CO. DE~. ~ HEA~TH ~RVICE[ i SERVICES -- FOR APPROVAL oF I ~T~ ~LY I 5 6 2 3.1 4.4A[ c) 3.2 5 55 34 2:c 138A(c) 44.2 3.0A(c) 6,,I 5.2~c ) 7.8 7.0A(c) f44