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HomeMy WebLinkAbout2924 TOWN OF SOUTHOLD, NEW ¥OILK ACTION OF THE ZO~I~/G BO~LILD OF APPEALS Appe~No. 2924 by application Dat~ Nove~er 10, 1981 ACTION OF T~ ~N~G BOA~ OF ~ OF T~ TO~ OF ~UT~O~ To ~. Edward R. Yanke 31 s~it Drive ~ithtown, NY 11788 November 24, at a meeting of the Zoning Board of Appeals on was considered and the actiou indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1981 the appeal Art. III, Sec. 100-31 and 100-34 1. ~If:~I~CiR~tgNX~Felf~F.~K~It~:~I~X, II~X~igtXXX~IcoY~if,~cn ( ) be ~ted ( ) be d~ied pursuant ~ Article .................... Section .................... Subsection .................... pura~aph .................... of the ~ning ~dinance ~d ~e decision of the Building I~peetor ( ) be revers~ ( ) be %~v~K~dUpon application of Edward R. Yanke, 31 Su~amit Drive, Smith- town, NY for a Variance to the Zoning Ordinance, 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 Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~vould 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 (SEE REVERSE SIDE) (would not) and therefore~.j~_ll~as..fur~b~r deter.-t~ined-.,,tha~.,~ 4he ~e~les t i.~(.~i~IV~D f-kiND I~'lL~tl~ f~I hat the prewous decisions of the Buildin~ Insnectur~2_3 bi ft-iE SOUTiiOLD TO~VN GG:lk FORM ;ed variance ( ) be granted ( ) be denied and confirmed ( ) be reversed. -- ~e2ard P. Goeh~inger//Chairman /'~ . ~ /.,~-~..z...~. aO~IING BOARD OF APPEALS' The Board made the following findings and determination: By this appeal, applicant seeks permission to construct a new, one-family dwelling with deck with an insufficient frontyard setback on each Wigwam and Wampum Ways of 39 feet and insuffi- cient setback from the southerly property line at 26 feet and the easterly property line at 40 feet. The subject premises is a corner lot as defined by Section 100-13 of the code, contains an area of approximately 19,850 square feet, 135.17 feet along Wig- wam Way and 145 feet along Wampum Way. Upon inspecting the premises and immediate neighborhood, the board finds that the average rearyard setbacks are 30 feet and average frontyards set back approximately 50 feet. It is the feeling of the board that the relief requested is substantial in relation to the code requirements and the existing setbacks in the neighborhood, and that the setbacks should be reduced, as indicated below. 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. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the application of Edward R. Yanke, Appeal No. 2924 be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the frontyard setback off Wampum Way be not less than 44 feet, leaving a 35' minimum rearyard setback; 2. That the frontyard setback off Wigwam Way be not less than 39 feet, leaving a minimum setback from the southerly property line of 26 feet. Location of Property: Southeasterly corner of Wigwam and Wampum Ways, Southold, New York; Nunnokoma Waters Filed Subdivi- sion Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer and Sawicki. (Mr. Grigonis was absent.) LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Main Road, Southold, at 7:15 o'clock p.m. Southold Town Board of Appeals at Town Hall, NY on Tuesday, November 24, 1981 commencing 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. 269 Prescott Avenue, Esq.) for a Variance Sections 100-30A(1), Application of Frank Mandaro and Nicholas Mandaro, Staten Island, NY (by Irving L. Price, Jr., to the Zoning Ordinance, Article III, 100-11SE, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec and Main Road; County Tax Map Parcel No. 1000-109-1-7. 25p.m. A~ication of Frank E. Brophy, 75 Second Street, New Su~lk, N~or a Variance to the Zoning Ordinance, Article III, Se~.~.~00-3_1, Bulk Schedule, for permission to construct deck addi~ to dwelling with an insufficient front and side yard se~a~ck ~ 75 Second Street, New Suffolk, NY, bounded north by G~hwohl & ~.; west by Martin; south by Wetzel, Grathwohl & a~'; east by SeCond Street; County Tax Map Parcel No. 1~0-117-10-20.7. %~ Application of Ernest E. 4175 Ole Jule p.m. Wilsber~, Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory building (garage) with bath room facilities in the frontyard area at 4175 Ole Jule Lane, Mattituck, NY; bounded north and south by Ole Jule Lane; east by E. Wilsberg & ano; west by Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12(& 13). · for a Variance to the Zoning Ordinance, Article?  own, NY Application of Edward R. Yanke, 31 Summit Driv~ ~age 4 - Legal No~ of Hearing g ~ Z.B.A. Regular Meeting to be held November 24,--1~981 f~III, Sections 100-31 and 100-34 for permission to construct new ~welling with insufficient front and side (or rear) yard setbac~ 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. ~5~ 9~ p.m. Schwartz, M.D. by Application of Arthur M. 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, Wickham & Bressler, P.C. for Beatrice A. Geselle Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. for Frank and Nicholas Mandaro Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Mr. Edward R. Yanke. Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. TraveIer-Watchman and Suffolk Times, Inc. 11/16/81. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ T o ~-~. gfl,,~... ~..'...~; ,~..~---~. ...... . ~/... ~T~~ :~ ........... . ~~ ~/..~.. ~z~ PLEASE TAKE NOTICE that your application dated . .~.~... (~ ............ 19 ~/ for pe~it to const~ct... ~. ~g ~...~[/~ .................. at Location ofProperty C~ ~~ ~ ~ [~~ ~ ~a07~~. County Tax Map No. l~e S~t~ion ./~ ~ .~] ] ~'1~...~i~ ...... ~' ~~ Subdi~si~~.~~ap No. ~. ....... Lot No ...... ~...k .... ' ~ is returned herewith and disapproved on the follow~g grounds ./~ ~ ~.~Z~.~. ~.. ~.. ~ ~,~ ~.. ~.. :~ ~..~. ~ ~ ~.. ~.:~ ~.: ~../~:~...~~ ~. .... ~: ......... ...... ~.:.~o.:. :~ .... ~~. ~:.: ....... , ................ ~ui~g Inspector RV 1/80 TOWN OF $OUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~, (We~.~Z'~':.'/~....../L......~.~.~' "? ........... of .... .:~Z......~..a.,t.,..~ .... ~.:.,'..'.~ ................... Name of Appellant Street and Number :..~Lr..Z~.~.~ ............................................................ ~Z.../.,. ......... ,ERE~Y ^PP~L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...~.-..~..~.~.~.,.,'a ........... /~L ...... /~./.x...~: ....... Name of Applicant for permit ~ o, ..~z ........ ,~,>.~.~.Z..~.~ ......... ,~.~'.,.:/./~,.~ .......... ..MZ. ........ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ~. LOCATION OF THE PROPERTYC'>..~.:........r.........,.~.....$X.,,~...~..,.,~./.,..,..,..o.... Street Use District on Zoning Map ........ .-~:~.&..?: ................................ /.. ................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio/,r,r,r,r,r,r,r,r,q~nd Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) l-IL-I, ._-:~?ct. t~, '~ 1 ~'- .~ --. t~,e .~ ,Y' 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 Low Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) h~s n~°~t~ been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal wes ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ........................ r ............................................. ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm ~.~Z (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE O- ARACTER OF THE DISTraCT because COUNTY OF ~,~o~,J<-I ss ........ 6,~, ~.,~...~. ......... Signa~J're~ Sworn to this .............. I..O.....~... ..................... day ......................... VALENTINE WALTER STYPE Notary Public., State of New York No. 52-46~ 214~ Ouellfied in Suffolk County Commission Exptre~ March 30, 19 ~ SUFFOLK CO. HI:AL. TH ~. ~VAL. 1 .H.S. NO. STATEM~NTOF-I~H]'EN? SUFF'OCK CO, TAX MAP PST. ~CT. ~K ~ ADD~: C~I~'ORM TO TH~ STANDARDS OF T~I4~ 'i. SV ST E'M$ FOI~ THiS StlO~,F EHVIRONMEIqTAL ASSESSMENT FORI4 INSTRUCTIONS: -- ~ In order to answer the questions in this short EAF i~ is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations ~ill be undertaken. (b) If any question has been answered Yes the pro)ect may be significant and o completed Environmental Assessment Farm is necessary. (c) If all questions have been answered No it is likely that this project is not signifiicant. .. ... (d) Environmental Assessment '' .. 3. 4. 5. 7. 8. Will project result in o large physical change to the project site Or physically oiler more than lO acres oF: land? .................. 10. 11. 12. 13. 15. R E P R E S E N T l NG.B ~,~,-'//-- ~z~ ¥~ill there'be a major change to any unlqu~'~;" Yes.~ No ....... -unusual land form found on the site? .. ¥/ill project alter or have a large' effect'on existing body of water? ..................... , ¥1ill projecl have a potentially large impact on grounclwater quality? ..................... , Yes, ¥till project significantly effect drainage flow on a~jacent sites? ' Yes o ¥7ill project affec! any threatened or endangered plant or animal species? ......... Yes ~No Will project result in o major adverse effect .... quality? %' on air ............................. ¥/ill project have o major effect on visual character of the community or scenic views or. . vistas known to:be imporlont to the community?.,. '¥es.~No YJill project a'dversely impact any site or .- . structure of historic, prehistoric or paleonlological importance or any site designated os o critical environmental oreo t by o local agency? ............ ~:..-v~-'.v.-...~"~..~-.,, Yes~No. ¥7ill project have a major effect on exlstihg or future recreational opportunities? ......... Yes,~No %?ill project result in.major traffic problems oK cause o major effect to ex-isting · transportation systems? ....................... Yes ~' No YJill project .regularly cause objectionable odozs, noise,' glare, vibration, or electrical disturbance as a result o~ the project's operolion? ' Yes ~No YJill project have any impact on public health ' or.safety? ....... Yes. directly causing o growth in permanent population of more than 5 perccgt over a one year period or have a major negative effect on the character of the community or Yes~-,~No .e ghborhood? ......... trig .... project? ...................................... Yes. ~ No DATE. To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of /~/3,~,~7,213 noca~n of Property: C~/C- "~/ 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 i~ 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 b~ 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. [ ] not appear to 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ~STgnature plea~ JUDITH T. TERRY TOWN CLERK REGISTRAR OI~ VITAL STATISTICS Southold, L. 1., N. Y. 11971 November 10, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2924 application of Edward R. Yanke for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey of the property. JTT/bn Enclosures T6day' s Date: TUESDAY Members Absent, if any: _ '. Appeal No. Agenda Item/blatter of: Type of Variance or Appeal: .... Resolution made by: Seco n ded by: A ction: NOVEMBER 24, 1981 GCrharles ~goms ( ) ( ) ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) ~%rae ~Robert ,i Gerard Joseph y%n oougtass t~oenrmge, r (') ( ( ) ( ) (~ ( ) ( ) ( ~Appr,qve with the following condit!ons: ( ) Subject to County Planning referral ( ) Subject to Planninq Board approval ( ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows : /'~O'~.~,F ~/,f;~ g/ ////%~//~F~/,.~ Other:, ( ) Not %v'ithin the Character of the Neighborhood ( Granting the Relief Requested is within Variance is Substantial in Relation to Code Not .in ~haj~._gny .with purl~ses of the Cc:de Hardship not suflicient Circumstances are. Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying spirit of the zoning code Relief is not substantial Burden of hardship or difficulty Shown Circumstances are unique Variance will not change character of the neighborhood ( ) Interests of Justice served by granting ( ) Othe= for Special Exceptions ( ( Vote of the Board: Ayes: ( ) CG (,-'~D- ( ~ ( ~ ('~S Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) ( l.,v./- . ( ) ( ) ( ) ( ) Absent: Notes: EN, pursuant tc the Town Law and the signs of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings v~ilF be held by the Southold Town Board of Appeals at Town~ Hall, Mare Road Southol N.Y. On Tuesday, Novembe~ 1981 commencing at 7~15 2,4,o clock p.m. and as follows: 7:15 p.m. Application Beatrice A. Geselle, Ltl~i Lane, Cutchogue, N.Y. (bY Wickham, Wickham and Br~ sler, P.C. as aRorneys) Varinnco to the Zoning Ordin:~ ance A~ttcle 111, Sections 100.30A; i00:3 l:ahd~BUll~'~ Schedule for approval of insuf. ficient ~l'onta~e and ~ of two proposed pareqls located at the north side of Lilac Lane, Cutchogue, N.Yi 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. Applict Robert V.- Rider, J~ Minnehaha Boulevard old. N.Y. for a Variam Zoning Ordinance, At Section 100-32 and A Section 100-118E fo~: sion to construct a two-car garage structc frontyard area at 15 nehaha Boulevard, .~ N.Y.; bounded north warn Way; west b3 Morris~ Bear, Smith; Hog Neck Bay; east nehaha Blvd. and Southold; County '1 Parcel Item No. 100~ 7:35 p.m. Applil Constance Messioa, Main Road, Cutchol for a Variance for al access along the wes of premises locat right-of-way off Mi Cutchogue, N.Y., ~ Town Law Section 28 tion of Property: , Road, Cutchogue, N. Subdivision of Tut Subd. Lot No. 3; C~ Map Parcel Item No. 3-part of 008. 7:50 p.m. Appli Vito and Ann Na Barnyard Lane, Lewttown, N.Y. 11756, for a Variance to the Zoning Ordinanco~ Articl~ III, Section 100-31:, Bulk Schedule, for permission to construct new dwelling With insufficient rearyard area at 1300 Bay Haven Lane, South- old, N.Y.; Bay Haven Sub2 division Filed Map 2910, Lot 34; County Tax Map Parcel lt~rn_No~. 1000-88-4-~._17. p.m. Application of Edward R. Yanke, 31 Summit Drive, Smithtown, N.Y. for a Variance to the Zoning Ordin- ¢ ance, Article III, Sectmns 100-31 and 100-34 for pennis- sion to construct new dwelling with insufficient front and side (or rear) yard setback at the . southeasterly corner of Wig- wam and Wampum Ways, Southold, N.Y.; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35~ Arthur M. Schwartz, M.D. by Richard J. Cmn, Esq;, Main Road. c~C~utchogu~ ~N.Y. for a Variance to Section 280A, Subsection 3 of New York Town Law, and Article XIV, Section 100-141(B), for ap- proval of aqcess. Location of .. ', Property: Right,of-way off~ Westphalia Road, Matiituck, ...~ N.Y.; bounded north by How- COUNTY OF SUFFOLK STATE OF NEW YORK 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 Count; 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 ......... .~..~. ..................... 19...~...~ Sworn to before me this ~c~ day of .......... ........... , LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southuld, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hail, 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, Sec- tions 100~30A, 100-31 and Bulk Schedule for approval of insuf- ficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutehogue, 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 Ihe Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-11SE 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. 1000-87-2-40. 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 Rood, Cut- chogue, NY, New York Town Law Section 2~0-a. Location of Property: Off Main Rood, Cut- choguc, NY; Minor Subdivi- sion of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barn- yard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area at 1300 Bay ~Raven Lane, Southold, NY; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88- 4-17. 0:00 p.m. Application of Frank Mandaru and Nicholas Mandarn, 269 Prescott Ave- nue, Staten Island, NY (by Irving L. Price Jr., Esq.) for a Variance to the Zonng Ordinance, Article III, Sec- tions 100-30A(1 ), 100-11nE, 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 z6ning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming build- ing may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- ient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by T~ca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path), County Tax Map Parcel No. 1000-31-16-7. 0:15 p.m. Application of George Alee, Main Road, 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 fruntyard setback at 22445 Main Road, Cut- chogua, NY; bounded north- west and northeast by Cut- chogua Joint Venture; south- west by Cress; south and southeast by Alec and Main Rood; County Tax Map Parcel No. 1006-109-1-7. 0:25 p.m. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattithck, NY for a Variance to the Zoning Ordin- ance, Article HI, 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 Wieczorek, Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-i2 (& 13). F8:40 p.m. ApPlication of dward R. Yanke, 31 Summit Drive, ~:~v~,-l, NY for a Varianc~ the Zoning Ordin- ance, Article III, Sections 100- 31 and 100-34 for permission t& construct n~w dwelling with insufficient front and side (or ~ rear) yard setback at the~ southeasterly corner of Wig- ~ wam and Wampum Ways, { Southuld, NY Nunnokoma i Waters FiledSubdivision Map { 5126, Lot 1~ County Tax Map Parcel No. 1000-87-2-35. ~8:50 p.m. Application of g duly -qwoxll, Arthur M. Schwartz, M.D. by Richard J Cron, Esq, Main · . · ~ t~e _UF ..... Rood, Cutchogue, NY for a 1 Variance to Section 280A, Sub- ~.~!1~,~,,~ i,~ ~a,~ sechon 3 of New York Town Law, and Article XIV Section ~ - ,-__ zs ~ printed 106-141(B), for approval of~ access Location of Property' i '" .' weeg~ Times Right-of-way off Westphaha Road Mattituck, NY; bound- i ed north by Howard's Branch; ° ....... weeks west by Berner; south by Penny & ano.; east by Munz; .............. County Tax Map Parcel No. 1000-113-9~10.1. Dated: November 13, 1981. BY ORDER OF ~ ............. THE SOUTHOLD TOWN BOARD OF APPEALS 1TN19-3814 .......... HELEN K DE VOE NOTARY PUBLIC, State of New No 4707878, Suffolk County Term Expires March 30. 19~.~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION TE~,~,'; ......... ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEBRINGER ~N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki ,, Appeal No. 2924 ,Application of: Edward R. Yanke Location of Property in Question: Wigwam & Wampum Ways, Southold County Tax Map Item No. 1000- 87-2-35. Project Proposed by Appeal Application: New dwelling with insufficient front and side (or rear) yard 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 project in question is not located within 300 feet of tidal wetlands. 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: Nov. 13, 1981. By Order of Copies to: Applicant/Agent Town Clerk Bulletin Board Appeal File the Southold Town Board of Appeals $outhold Town Board of Appeals MAIN ROAD ~TATE ROAD 25 $OUTHFILD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONfS, JR. SERGE DOYEN, ROBERT J. DOUGLASS GFRARD P. GOEHRINGFR ,' C~.~'ma.,~_ JOSEPH H. SAWtCKI l~t a~)~,,1 uro. 2924 January 20, 1982~ 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.. your appeal has been approved, please be In the event sure to return to the Building Department for approval of an~. 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 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOW, N OF SOUTHOLD, N~Y. _~ (We) ....... .....o, ....... ....... ............... Nome of Appellant Street on~ Number .......................................................... APPEL TO MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~..~.~.,7~Lz2 ....... ~.~ ........... Name of Applic_a, nt for permit of "'~"'/' ......... ~~'""4"/' L~ '~' 'L/' ' ' ' '~' ' '"47'/'~ ' ' ' ' ' ' ' "'~' ' ' '/t"L Z ' ' '~' ' ff-"~"¢/)' Z~; ~;''~''~''''' Street and Number Municipality PERMIT TO USE ( ) PERMIT FOR QCCUPANCY ( ) /~-z/c~t7~ T~, 1. LOCATION OF THE PROPERTYC~-~.~,..~:~/...~.%'.~...~.~ ....... /.PZZ~.~.~].... . &'JOE Use District on Zoning Mop Street ....~-/..,~. ...................................... / ............... 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.) 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 (has 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 ...................................................................... ( ) (YO ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm ~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because & ~Z//V/~- /~ C;¢)x~',/~,,,/~ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ~,k ) Sworn to this ........... J...O.......~... ..................... day of....~t,~.~..~-z-...~....b...,~....C'. ...................... 19~'t VALENTINE WALTER STYPE Notary Public, State of New Yore No, 52-4612145 Qualified in Suffolk County _ Commission Expires March 30. 19 ~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~it-~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Variancej (Special Exception) (Special Permit) (the following relief: That the property which is the subject of the Petition is located adjacent to your property and is, des- cribedasfollows: ~-0~. f.~t~L,3M~II"/ /./3/// 9- CC~,~/~iF~/v/ &c)~/; ~,~-//'~,~//j~ /~ ~,/ 3. That the property which iL the subject ~uch;Petition is located in the following zoning district: ._/g - 4. That by such Petition, the undersigned.~wil, request the foil,wing relief: ,~-~f D~¥~'~ .~'./~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Articl~e~:~:. /,~o ~-*~/ Sectic~ / o~ 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 th~ matter b~ thee 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:/~h~)h / Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS E. CCE P28 6795893 IPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) POSTAGE - I CERDEiEDFEE ~'7~ ¢ SPECIAL DEUVERY AND ADDRESS OF ¢ m ~ ~ SHO~WHOMANDDATE ~ ~ ~~LIV~yDELIVEREDWITHRESTRICTEO STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~.,-,,',,~',,,~,;.,¥' .AZ, 7' ~ s , being duly sworn, deposes and says that on the /~3 day o~ y~_,~' 19~/ , deponent ma ed a true copy of the Notice set forth on ~e re. vene side hereof, directed to each of the above-named persons at the addresses set opposite thor respectwe namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsm~roll ~he Town of Southold; that said Notices were mailed at the United Statm Post fi~ ~/~ ~//H ~ ~ ; that said Notices were mailed to each of ~id persons by ~er~ (registered)maj'. Sworn to before ~e this day of Notary Public N VALE_NTI~IE WALTER STYI~ otary P~,l~m, State of New York ~, 52-4612149 ~ Q. ua!ffied in Suffolk Cou ~r4y t,emn,a~lon EXl~rs~ Mamh 30, 19 ~.Q. 23°8 2.7A~c) ~.4 A(c~ ~ ~.0 '~ 23*4 2.8 A(C} 2~ 4.1 ~(c~ 22 3~2 A (c)