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HomeMy WebLinkAbout2923 // TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2923 by application Dated November 9, 1981 ACTION OF TI{E ZONING BOA~{D OF APPEALS OF THE TO~N OF SOUTHOLD To Mr. Ernest E. Wilsberg Box 1429, 4175 Ole Jule Lane Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on November 24, 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 (X) Request for a variance to the Zoning Ordinance Art. ITT, Sec. ( ) the appeal 100-32 I. Sl~k~-,Xlgi~gk~Kk'~:~X~w~5~:F,~!~mw~LXYzF,~X~illl~XN~X~on ( ) be ~a~ed ( ) be denied pursuant to Article .................... ~ction .................... Subsect~n ....................paragra~ .................... of the Zoning ~dinance and the d~on of the Building Iuspector ( ) be reversed ( ) be ~X~use Application of Ernest E. Wilsberg, 4175 Ole gule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) with bathroom facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bounded north and south by Ole Jule Lane; east by E. Wilsberg & ano.; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12 and 13. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district 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 therei that the pi GG: lk FORbI ZB re, it was further determined that" the rSques' SOUTHOLD TO%~ CLEBK ~rd P. Goe~in~er~hairman ING BO~ OF ~ ed variance ( ) be granted ( ) be denied and confirmed ( ) be reversed. By this appeal, applicant seeks permission to construct a 24' by 40' accessory building in the frontyard area off the south side of Ole Jule Lane with a minimum setback of 50 feet. The subject premises contains two frontyard areas and has a width of approximately 210 feet and a depth of approximately 276 feet. The placement of the existing one-family dwelling leaves the only feasible building area to be frontyard or side- yard area, which in either case still requires a variance. The character and location of this parcel lends itself to the prac- tical difficulties in this appeal. The board agrees with the reasoning of applicant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the application of Ernest E. Wilsberg, Appeal No. 2923 be GRANTED SUBJECT TO THE FOLLOWING CONDITION: That the subject accessory building applied for not be utilized for habitable living quarters. Location of Property: 4175 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-5-12 and 13. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer and Sawicki. (Mr. Grigonis was absent.) \/~ LEGAL NOTICE Law ~I~e I~r~ n tth~I~N u~dt~o~C~O~h o of~6~ ~ the Town Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A. Geselle, Lilac Lane, Cutchogue, NY (by Wickham, Wickham and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A, 100-31 and Bulk Schedule for approval of insufficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part'of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. 7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minne- haha Boulevard, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 and Article XI, Section 100- l18E for permission to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, Southold, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minnehaha Blvd. and Town of Southold; County Tax Map Parcel Item No. 1000-87-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right-of-way off Main Road, Cutchogue, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area at 1300 Bay Haven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88-4-17. 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-118E, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7. 25p.m. Ap~ication of Frank E. Brophy, 75 Second Street, New S~olk,~ for a Variance to the Zoning Ordinance, Article III, ST~.~.o ~00-3.1, Bulk Schedule, for permission to construct deck ad~'on to_~welling with an insufficient front and side yard ~ba~_~at 75 Second Street, New Suffolk, NY; bounded north by G~atnwon± ~ano.; west by Martin; south by Wetzel, Grathwohl & a~o.; east b~Second Street; County Tax Map Parcel No. 1000-117-10-20.7. Application of Ernest E. Wilsberg, 4175 Ole Jule / Lane, Mattituck, NY for a Variance to the Zoning Ordinance, ~ Article III, Section 100-32 for permission to construct acces- > [cory building (garage) with bath room facilities in.the ~ bfrontyard area at 4175 Ole Jule Lane, Mattituck, NY, bounded ~ north and south by Ole Jule Lane; east by E. Wilsberg & eno; ~ west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel / ~ p.m. Application of Edward R. Yanke, 31 Summit Drive, Smithtown, NY for a Variance to the Zoning Ordinance, Article Page 4 - Legal No~Oe of Hearing Z.B.A. Regular Meeting to be held November 24, 1981 III, Sections 100-31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. ~.~ '~p.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to Section 280A, Subsection 3 of New York Town Law, and Article XIV, Section 100-141(B), for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny & ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. Dated: November 13, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 19, 1981 and forward affidavit(s) of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before Monday, November 23, 1981. Copies have been forwarded on 11/16/81 to: Wickham, Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Mr. Edward Ro Yanke. Wickham & Bressler, P.C. for Beatrice A. Geselle for Frank and Nicholas Mandaro Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. Traveler-Watchman and Suffolk Times, Inc. 11/16/81. ................................................................ X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Location ofPro e~ ~'/7 '~ p y ....~....- .................................................... 7.. Hou~ No. St~t Hamlat County ra~ M~p No. lO00 S~tion ....... 4~ .~. alo~ ........ C.... ~t ...(~ ~. (~.. Subdivi~on ................. Filed Map No ................. ~t No .................. is returned he.with and disapproved on the follow~g ~o~ds . .~.~ RV 1180 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. NO. 4 9 4 3 ........ Name of Appellant' Street and Number ............ ~-~;~..~..).~.~J~, ...................................................... ~ ......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED 0~J ~., ~l~f;U'~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .... ........ ......... ( ~RMIT TO usEStreet and Number Municipality State / ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..~'..~.~/~.....O.j,,.{~..,~...~.. L,:~....L..~Ir,. .............................. Street Use District on Zoning Map ........... ................................. ................ Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph af the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for ('~)' A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop· 62 Cons· Laws Art. ~6 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 o 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 is requested for the reason that l"orm z~l ."° (C~ntinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............. .C~..~ ................... day of ......... ~ .......... ~9¢' ! NotarY/ Public FORM I'JO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOW,N HALL SOUTHOLD, N.Y. 1i"271 TEL.: 765-1802 Examined ................ , 19... '\ti'roved ................. 19 . . . Permit No ............ D~r:approved a/c ....... ; ............................. Application No ............... (BuiMing Inspector) ; APPLICATION FOR BUILDING PERMIT Date ....... I .I.~..(o ......19~ INSTRUCTIONS a. This application must be comuh.'tclv. . filled in by typewriter or in ink and submitted in triplicate to thc Bm' ",': b::,pector, w~tl..~ sets of plans, accurate plot pl:m lo sc.fie. }:ce accc. rdmg to schedule. b. Plr:t tqan showing location of lot and of buihlings on premises, relationship to adjoining premises or pub!it st:'e or area.c, ,'md bivip4; a dctai!cd description of layout, of property must be drawn o~; tit. cl.',*.-,~,a.-a which is p~r.~ * of t,,s', ~"', c. The work covered by this ;topi;cat o ~ may ,- ' *" · ' ,o[ be commenced b~ ~orc ~souance of Building Permit d Upon upprc.'al of this application, the ~ ;1"; o .itl cmL-, Inspector will :ssue a Building Permit to the almlicaat. Such per: slml[ b,c kept on the premises availaE!e for inspection throughout thc work. c. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan · :!mil have been grant.:.d by the B::ilding Inspector. APPLK;ATION 1S ]!!£REBY MADE to the Building Dcpartmcp. t for the issu:mcc ora Building Pen'nit pursuant to t Building Zone Old;nat ce of t c Tow 'of Soutl'~o! t, St ffo~k Corn ts' Ne,,',' York a,,,~ ~? ',' .... ;.-,},~.. ~.,,,,¢ r~ ...... .xcgul t o :s, for t e co s rt chon of btuldmgs, addit OhS or a to;at OhS, or for removal or demolition, as herein describ~ I'he applicant', '~'~-k...cs to con:ply with all a ~phca~:le' laws, ordinances, buildir:g code, housing code, and regulations, :mci re!mit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicam, or name, J~ a corporation) (Mailit'aL-'/address- of applicc[nt) J' State whct]ter app!icap, t is owner, lessee, agent, architect, e~]git!cer, general con,,:-nctor, electrician, plulrlber or (as on the tax rc!l or latest d':ed) ':i applicant is a corporal;on, siana;urc of dui:,' authori;:ad cft'~ct:r. (Name and title of corporate officer) Builder's License No .......................... Plumber's L,~em. No ......................... Electrician's License No ....................... Odter Trade's License No ..................... .. I. Location of land on which pro;,osed work ,,'ill be done. .~Lr..;.b.X¢...L..~.. !touse Number Street liamlet County Tax Map No. :r ~; ................ ,o00S....on .. I&~ Block .... ~. . Lot ..... /.~ ....... Subdivision ................................. ,:' , . .... ~ .lcd Mat~ No ............... Lot .............. (Name) 2 State existing use :md occupancy of premises and inteoded u~c and occupancy of proposed ccnstrucfion: a. Existing use and occupancy ....... ~ ~. ~% ......................... b. Intended use and occup:mcy ...... ~X~.~...¢~.W~;~.~ ..................... Repair .............. Removal .............. Dc;nolirlon .............. Other Work .............. (Description) ,~ ........ , .- ~..I.~."~ ~.~'.t? .... · ...... ar;.. C~t ....................... jr.. ......................... .-... (to be paid on filing this application) : If dwelling, number of dwelling units ............... Nttmber of dwelling units on each floor ....... ; ....... If ~:arage, number of cars ....o~ ................................................................. if business, commercial or mixed occupancy, specify ~,¢tnre and extent of each type of nse .................... :. Dimensions of existing structures, if an3': Front ..... ~O ........ Rcar ... ¢.~. ........ Depth . .~P. ......... l leight ............... Number of Stories ..... ~. ................................................ Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ' lteight ...................... Number of Stories. .................... 3. Dimensions of entire new construction: Front ..... Ri.(, ........ Rear .... .q-.t.O ........Depth ...;l.~ ......... Height ............... Number of Stories ..... ) ). Size of lot: Front .... [q.{9. .....'.. ........ Rear ..... AZ.t? ............. Depth . . .a,.'3..~'. .............. ). Date (:if Purchase ............................. Name of Former Owner ............................ i. Zone or use district in which premises are situated... ~ ............................... : ................. !. Does proposed construction violate any zoning law, ordiaance or regulation: ...L'~.tp ......................... ~. Will lot be regraded .......... · .................. \rill excess fitl be removed from premises: Ye~ Nc I.. Nalne of Owner of premises .................... Address ................... Phone No ............... Name of Architect ......................... ... Address ................... Phone No ............... Name of Contractor .......................... Address ................... Phone No ............... PLOT DIAGRAM Locate clearly and distinctly all et ildings, wimlher existing or proposed, and. in,.!icate ,'dl set-back dimensions fron roperty lines. Give street and block number or description according to deed, and show street names and indicate whethe terior or corner lot. FATE OF NEW'~ORI~,/ . / ~ S ......... :"_....../_! .-k..P~,~.ff. - t.~..'f-~..c'~.~.~ ...... being duly (Name ofindividuar signing contract) I )ore named. sworn, deposes and says that he is the applicon e is the ......... ',P.~.~ ~,.~ P_~ ..................................................................... (Contractor, agent, corporate olTicer, etc.) .r said owner or owners, and is duly authorized to perform or have performed thc said work and to make and file thi ~plication; that all statements contained in this application are true to thc best o£his knowledge and belief; and that th~ ork will be performed in the manner set forth h~ the application filed therewith. xom to before m~'_' '- [J -.-' _.-- "'LS .......... otarv puh}i~-/9'4~ '--- /' '-~'-~--~ -- -, ,~ .............................. L~OLBI~, ... . ~ ~ Notary Public, State of ' . No. 52-0344963 Suffoll~l~ountyd~.a2, ~ ~ (~,lgnature of applicant ] IlS TL'UCT I OH}.: -~-----~) In order t; ans~or the questions in ibis short EAF ~.t is assumed that the preparer ~'~ill uso currently available infor~:~a¢ion concerning the pro~ect and the lihcly ir.q)~ct5 of the action. It is not expected that additional s~udics~ research or other investigations will be undertaken. (b) 1~ any question has been ans'.~ered Yes the project may be ~ignificant and o completed Eavironaen~al Assessment Form is necessary. (c) If oil questions have bean gnswered Ho it is Iii<ely that ct is not significant. ... Pr°Je(d) Environm~n~t ,,s~c .... 1. ~'Ii-l-I projecL zesu'~-'-in o large physical chon~e ia ihe pz-ojecL site az physically alter more thnn ~0 acre.s of land? ..................... Yes ~ No 2. ~'1ill there be a major chc~nge to any unique ;~ ' -unusual lead faire found on fha site?. . existing body of wafer? .................. ~.. Yes~ No 4. ~'lill pzo]ect hove o potcn'Liol~y large impoc ' ' ........... 5. ~'lill project ~i~n~r~c~ntZr ~fF~ ~o ~ flow on od3acent sites? ....................... Yes,~ No. 6. l'.'ill pro3ect affect any ~hreatened or endangered ploni or on,mol species? ..... Yes No 7. %'lill pzo3ect result in o major adverse oFr i-['" on air qua.Ii ,9 ........ Yes_~ No t> .................. bi,u;i' ' 8. %'/ill prc, 3ect have o major effect on chc~rocier of ibc cornmun[[y or scenic views or visLos known to:be imporlor,~ ~o Lhe communily?... F. i'/ili project adversely iapoct ony site or s¢ruclure of histaric~ prehistoric or poleonto~.og:icul importonce or any sit. e designated os a cliticel environaentoi erea by a local agency? -: .-..-. ; ....... Yes ~ 10. ~ill pro~ect have o motor elf cc( on exis¢in9 or fu[urc recreolion~l opportunities? ......... Yes.~ No 11. ~'l.ill project resul~ in ,~o)or troff~c problems o~ cot,~e o major effect to existing ~ronsportotlon systems? Yes ~ No 12. I'till project regularly cause objectionable odors~ noise, glare, vlbratlon~ or e~cctricol disturbc~nce os o result of the project's tiaa? · Yes~ No 13. ~'/ill pro)cci have any i~poct on public health or safetyv ~esX No 14. ~'/ill p~o~ect of fcc( the exlstin9 community by direc(l/ causing o 9ro',.r(h in permcncnt popolo¢ion of more (hon 5 perce(~ over o one ycor period or hove o mo~or negative on [he charo~r of the cotnmuni¢y or neighborhood? ................................. Yes, ~, No 15. Is ~bcre pu[~lic con[roversy concerning ~he PREPARER'S SIGIqAIURE REPRESEI,IT I NG (Today's Date) To: Southold Town Board of Appeals :.lain 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, ~Signature please) cs K JUDITH T. TERRY TOWN CLERK REGISTRAR O1: VITAL STATISTICS Southold, L.I., N. Y. 11971 TELEPHONE (516) 765-1801 November 9,1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Wilsberg for a variance, owners; Short Environmental Wetlands Land-Use; Notice survey of the property, JTT/bn Enclosures Assessment Form; Letter relative to N.Y.S. of Disapproval from the Building Department; Zoning.Appeal No. 2923 application of Ernest E. Also included is notification to adjacent property Tidal and Judith T. Terr~7 Town Clerk Today's Date: TUESDAYr NOVEMBER 24, 1981 Merobers Absent, if any: Appeal No. Agenda Item/Matter o£: / ' ~ar~es ~erue ~Rob~rt · ( ) ' (') ( ) (~.- / . ( ) Resolutiou made by: Seconded by: ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) 'Withdrawn without Prejudice ( ) ve with the following conditions: Subiect to County Plannind' referral .,Subject to Planning 8oard approval Subject to D.E.C. regulations ( ) Other: Findings of the Board are as follows: Other: ( ) Not ~v'ithin the Character of the Neighborhood ( ) Granting the Relief Requested is within ( ) Variance is Substantial in Relation to Code Not .in t~ ~m3~._gny _with purposes of the Code Hardship not sufticient Circumstances are. Not Unique %~ill set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: ( ) CG Nay: ( ) Abstain: ( ) Absent: (,~ ( ( .( Notes: ( ( spirit of the zoning code ( ) Relief is not substmntial ( ) Burden of hardship or dif£iculty Shown ( ) Circumstances are unique ( ) Variance will not change character of the neighborhood ) Interests of Justice served by granting ) Othe~ for Special Exceptions ( ( ( () () () () () () ~nq seueueq lJulol~ ut, ,al:~ a~essau: aq1 ~ a~aq Zul:l ll~.lS 'uaa~oIleH uo ease I: .~an~ aq3 uT set~ ~eql ~ I:IOD :~1-~.1'. I~O~I rOl~II~IC '~III]90lti 'SlIIO'I ";L~ -l~Ilti ~gl80DTII~ 'llclO~ -bl~ (I~q~[¥'l''~ Hi;fill -'l~I~.i'~I"~ -Dhll&,.,lIl,I,~ 0g~/0( eo!l!un:j ,odd0 LEGAL i~IOT1CE ,~ ; NOTICE IS I~EREBY GIV,-2 EN, pursuant to Section 267 of ~ Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town~D Hall, Main Road, Southold N.Y. on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows:: 7:15 p.m. Appliention Of Beatrice A. Geselle, Lilac Lane, Cntchogue~ N.Y. (by Wickham, Wiekham and Bres, lot; (2) a nonconnforming during ks life to an extent exceeding in aggregate cost S0% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, N.Y.; bounded north by Baltz; west by Tosca Holding & Realtyf Corp.; south by Orient Harbor; No. 1000-~1-1~' ~ 8i15 '~.m~-'A~pli~i~tiofi of George Alee, Main Road, Cut- chogue, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Sections 100-31 and 100-;36 for permission to construct arid enlarge porch with a reduction of frontyard setback at 22448 Main Road, Cutchogue, N.Y.; bounded northwest and north- east by Cutchogue Joint Ven- ture; southwest by Cross; south and southeast by Alec and Main Road; County Tax' Map Parcel No. 1000-109-1-7.~ · '"'8:28 p.m. Application o~, Ernest E. Wilsberg, 4175 ale Jule Lane, Mattituck, N.Y. for a Variance to the Zoning Ordinaqc. e Article III, Section 100-32 for permission to con- struct accessory building (gar- age) with bathroom facilities in the frontyard area at 4175 ale Jule Lane, Mattituck, N.Y.~. bounded north and south by. ale Jule Lane; east by E. Wilsberg and aha; west by Wieczorek, Hunt and Wils- berg; County Tax Map Parcel Nod. 1000-122-5-12 (&13). ~"'~'~i40 p.m. Applcation of Edward R. Yanke, 31 Summit Drive, Smithtown, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Sections~ 100-31 and 100-34 for permis- sion to construct new dwelling with insuft~cient front and side the (or rear) yard setback at southeasterly corner of Wig- wam and Wampum Ways, Southold, N.Y.; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-_3.~c, · '~" 8i50 ~ '~.-~7. - Ai~P Iic ation of sler, P.C. as attorneys) for a Arthur M. Schwartz, M.D. by , Variance to the Zoning Ordin-'):2, Richard J. Cron, Esq;, Main ance, Article Ill, Sections ~ Road, Cutchogue, N Y, for a COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG 15LAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the 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 ..........~..c~. ..................... day ........................ ........ ,.. ......... Sworn to before me this ~c::L, day of .......... ........... , NOT~y ?USLIC, Slate ~ Rew ?0f;: ~3. 52-8321725 ~e~din~ in Suffo k C,:,ua/y ~ Commission E~pices/~rcL .~, ~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Snathold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Tuesday, November 24, 19~1 commencing at 7:15 o'c!ock p:m. and as follows: 7:15 p.m. Application of Beatrice A. Geselle, Lilac Lane, Cutchogue, NY (by Wickham, Wickham and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sec- tions 10~-30A, 100-31 and Bulk Schedule for approval of insuf- ficient frontage and area of two propesed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104-1-16 and 17. 7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article IIl, Section 100-32 and Article XI, Section 100-113E for permis- sion to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, South- old, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minne- haha Blvd. and Town of South- old; County Tax Map Parcel Item No. 1000-57-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right- of-way off Main Road, Cut- chogue, NY, New York TOWn Law Section 280-a. Location of Property: Off Main Road, Cut- chogue, NY; Minor Subdivi- sion of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-10~-3-part of 7:50 p.m. Application of Vita and Ann Navarra, 6 Barn- yard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to conStruct new dwelling with insufficient rearyard area at 1300 Bay aven Lane, Southold, NY; ~ay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 4-17. $:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Ave- nue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-30A(1), 100-118E, and 100-31 for permission to con- struct addition and alteration to two existing buildings, hav- ing been denied by the build- ing inspector for the following reaSons: (1) two seasonal un- dersized dwelling units exist- ing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming build- lng may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- lent side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tesca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path), County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Read, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded north- west and northeast by Cut- chogue Joint Venture; south- west by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7. ,~5:25 p.m. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bound- ed north and south by Ole Jule Lane east by E. Wilsberg & ano; west by W oczorek, Hunt and Wiisberg; County Tax Map Parcel No. 1000-122-5-12 t(& 13). ~,, 8:40 p.m. Application of Edward R. Yanke, 31 Summit Drive, S~" t~own, ~Y for K- Variance ~e Zoning Ordin- ance, Article III, Sections 100- 31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wig- wam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. 8:50 p.m. Application of Arthur M. Schwartz, M.D. by dh9 duly Sworn. Richard J. Cron, Esq., Main Road, Cutchogue, NY for a ~f the S~JF~'OLI~ Variance to Section 280A Sub- section 3 of New York Town .reenport. in said Law, and Article XIV, Section 100-141(B), for approval of ~xed is ~ printed access. Location of Property: Right-of-way off Westphalia k Weekly/ Times Road, Mattituck, NY; bound- ed north by Howard's Branch; weeks west by Berner; south by ......... Penny & ano.; east by Munz; County Tax Map Parcel No. ............... 1000-113-9-10A. Dated: November 13, 1981. BY ORDER OF THE SO THOLD TOWN ........... BOARD OF APPEALS 1TN19-3814 ........ ...... HELEN K DE VOE NOTARY PUBLIC State of New Yo~k No 4707878, Sutfolk Count~. If~rlT~ FxpJies March 30, 19~,~ Southold Town Board of Appeals -21- November 4, 1976 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED, Earl and Elizabeth Keesler, Colonial Road, Southold, New York and Founders Homes, Inc., Main Road, Southold, New York be GRANTED permission to change lot lines, north side Main Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2219 - 9:30 P.M. (E.S.T.) upon application of Ernest E. Wilsberg, Ole Jule Lane, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: south side Ole Jule Lane, Mattituck, New York, bounded on the north by Ole Jule Lane; east by W. E. Miller; south by Zebroski; west by H. & E. Wilsberg. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Harold Wilsberg; Julius Zebroski; Mr. and Mrs. W.E. Miller. Fee paid THE CHAIRMAN: The application is accompanied by a survey made for Ernest Wilsberg, Mattituck, New York, dated March 31, 1971 by Van Tuyl, indicating that these two lots adjoin each other on Ole Jule Lane. One is 100' on Ole Jule Lane and the other is 72'. They extend a distance of, on the westerly line, approximately 336' including land under water and to a private road on the southwest, which would give an area of about 30,000 sq. ft. on the westerly lot and slightly less than that on the easterly lot. Is there anyone present who wishes to speak for this application? $15. GARY OLSEN, ESQ.: As indicated in the application, Mr. Wilsberg subtitled two parcels on Ole Jule Lane with two separate deeds and, as I understand it, he's receiving two separate tax bills. Of course, as you know, if he had taken title in two separate names, we wouldn't have to be here today, but due to the fact that the same names are on the deeds, even though it Southold.Town Board of Appeals -22- November 4, 1976 was two separate parcels there is a technical merger of title between the two pieces, thereby necessitating this variance. Each parcel will run across through the creek to a small piece on the other side near a private road. Each parcel, as yoU've indicated, will be well over 1/2 acre and will have 90' on Ole Jule Lane, and will be in keeping with the general size and shape of the other parcels in the co~unity. By not granting the vari- ance, he would be forced to have an oversized parcel for the com- munity. THE CHAIRMAN: Do all of the parcels run across that dredged creek? GARY OLSEN, ESQ.: I don't know, quite frankly. THE CHAIRMAN: I don't think it matters particularly, I was just wondering. GARY OLSEN, ESQ.: The parcel on the other side of the creek would not, of course, be a usuable parcel for anything other than this. Even the pieces on the northerly side of the canal would be, by themselves, at least 1/2 acre. THE CHAIRMAN: The County Tax Map indicates that this division would be appropriate to and conform to, and in some cases, exceed the surrounding lots on either side of the street. Many of the ones on the other side of the street are smaller than th~s pro- posed division. Anyone present wish to speak against this application? Any questions? (There was no response.) One of these is vacant, right? ROBERT BERGEN: They both are. After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient width and area, south side Ole Jule Lane, Mattituck, New York. The findings of the Board are that this lot division would be entirely suitable and comparable to the size of other lots in the area. The Board finds that strict application of~the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -23- November 4, 1976 On motion by Mr. Gillispie, ~econded by Mr. Bergen, it was RESOLVED, Ernest E. Wilsberg, Ole Jule Lane, Mattituck, New York, be GRANTED permission to divide property with insufficient width and area, south side Ole Jule Lane, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2218 9:35 P.M. (E.S.T.) upon application of Edward and Justyna Slaga, 1140 Bay Avenue, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into two lots with insufficient width and area. Location of property: Wood- cliff Drive, Mattituck, New York, bounded on the north by Bassford, Koehler and Gudson; east by other land of applicant; south by Woodcliff Drive; west by Espensen. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Borg Espensen; Mr. and Mrs. Frank Steele; Mr. and Mrs. Richard Bassford; Charles Koehler; Mary Gudson. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating that the lot with the house on it is approximately 100' from Woodcliff.Drive and ... maybe you'd better describe this, Gary. GARY OLSEN, ESQ.: The piece in question is 200'. THE CHAIRMAN: Oh, this is just a little additional informa- tion here. Does anyone wish to speak for this application? GARY OLSEN: As the application indicates, we wish to divide a parcel of approximately an acre, actually it's a little over an acre, it has 206.09' on Woodcliff Drive, it runs back 208.35' We wish to create two equal parcels having frontage on Woodcliff Drive of 103' each. Each parcel created would be slightly over 1/2 acre apiece. The parcel to the east, directly to the east, has a house on it which is going up now, that's roughly a 1/2 acre piece, and to the east of that is another piece that's roughly 1/2 acre. This is down in Browers' Woods, and the community varies somewhat. There are a number of pieces down in that immediate Southold Town Board of Appeals HAIN RI]AD- BTATE RI]AD 25 BI]UTHI:::]LD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN. JR. T~- R 7, ',' TUT:::LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N.¥ o S. Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2923 Application of: Ernest E. Wilsber~ Location of Property in Question: 4175 Ole Jule Lane, Mattituck. County Tax Map Item No. 1000- 122-5-12(& 13.) . Project Proposed by Appeal Application: bath room facilities in frontyard area. Accessory building with 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 subject premises is separated from the tidal wetlands area of a road or similar type of barrier labeling this matter not within the jurisdiction of the N.Y.S. Department of Environ- mental Conservation. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: Copies Nov. 13, 1981. By Order of the to: Applicant/Agent Town Clerk Bulletin Board Appeal File Southold Town Board of Appeals Southo!d Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER ~, (~la~-~tc~l JOSEPH H. SAWlCKI January 20, 1982 Mr. Ernest E. wil~berg Box 1429, 4175 Ole Jule Lane ~attituok, NY 11952 No. 2923 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : NOTICE : TO to the Board o.f Appeals of the Town of South_~J;I ~_' ADJACEN~T~ ~ TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~-~ ~'~ .'. ~; ~-'~bt.('~'-' _~ ~J-J'~%-- (~LL~ ,'~\.J I ~ L~/~ , 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectic~ ; ~9-~ ~:~-- 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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 public~ti0n of ~hch notices; that you or your representative have the right to appear and be heard at such hearing. ~ Petitioner Post Off, ce Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P28 o oI38 ~ D MAiL RECEIPT FOR CERTIFIE NO NSURANCE COYERAGE pROVlOEO-- ~ NOT FOR NTERNATIONAL MAIL P2.8 6795739 RECEIPT Fo~r~TIFIED MAIL NOINSURANCECOVERAGEPROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STREET AND NO. POSTAGE CERTIFIED FEE ,.u3. SPECIAL DELIVERY ~ RESTRICTED DELIVERY AND ADDRESS OF ~ SHOW TO W~ ~ND DATE ~ ~ DEU~RT~] STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ ~X~ ~ ) ~.~, , being duly sworn, deposes and ~ys that on the ~ day of ~ ~ ~'~ 19 % ~ , deponent mailed a true copy of the Notice set fo~h on the re- vere side hereof, directed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ~smsment roll of the Town of Southold; that said Notices were mailed at the United States Post flee at ~ ~'~.J~ ; that said Notices were mailed to each of said persons by (ceRifled) (registered) mail. Sworn t%~efore me ~is ~ dayof/[~ ,19 No~ Public 4'