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HomeMy WebLinkAbout2903LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, November 5, 198t commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Contracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.!. Water Works; south and west by Fishers ISland Development Co.; County Tax Map Parcel item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Commerce Street, C~atham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fi~shers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (l) (2) (3) Location of Property: approval of access, New York Town Law Section 280A; and for permission to construct pool in sideyard area; and for permission to construct ten-foot high tennis court fence. Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Williamson; south by Private Road; west by Bagley; Map Parcel Item No. 1000-3-1-3. Sound; east by County Tax 7:30 p.m. Application of Robert A. and Bettyann Herreros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback. Location of Page 2 - Legal Notic Board of Appeals Regular Meeting of Novembe~ 5, 1981 Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning~O~dinance, Article III, Section 100-32B for permission to construct raised deck on pool with an insufficient sideyard setback at 50550 Main Road, Southotd, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2-13. 7:45 p.m. Application of Wilbur A. B~idwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for parmission to construct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known ~s Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. ~ 7:55 p.m. Application of Richard and Joan Zeister, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III~ Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No._1000-i13-4-9. 8:05 p.m. Application of Thomas J. DeBorger, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. ~Page 3 - Legal N~ce ~ ~ · ~ Board of Appeals Regular Meeting of November , 1981 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: -5100 Private Road off Mill Road, Mattituck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map. Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of DorothY. C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division,, premises described as Pequash Acres Subdivision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for Page 4 Legal No_~ce Board of Appeals Regular Meeting of November 5, 1981 Variances to the Zoninc Ordinance: ' (1) Article III, Sections 100-30A and Bulk Schedule for approval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwell- ing with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Sa!taire Way, Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt- mann, Cox Lane, Cutchogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for permission to construct new dwelling in a V-4 Flood Zone with base floor below~the ll-foot minimum elevation above mean Property: South side of Cedar Point Cedar Beach Park Subdivision Map No. Map Parcel Item No. 1000-90-2-10. sea level. Location of Drive East, Southold, NY; 90, Lot 151; County Tax 9:10 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at~780 Fishermen's Beach Road, Cutchog~e; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. 3age 5 - Legal N~ 2e (Instructions) Board of Appeals Regular Meeting of November 5, 1981 -- 9:15 p.m. Application of Frank Curran,'by P.eter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-~8, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor, below the 8-foot minimum elevation above mean sea level~ in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286,-Lots 26 and part oflLot 27; County Tax Map Parcel Item No. 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, I75. Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum fourLfoot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, Thursday, OctOber 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before November 2, 1981. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ........... '13.-I.. ),:.t..~..~..¢,.~..~.....x,.,:{'~ ,?? ¢~ '//'~ Date ............. .~.~...~....(7.., 19~. /:. PLEASE TAKE NOTICE that your application dated ........................... 19 ..... County Tax Map No. 1000 Section ..... ~/./..~. ....Block ....~.. ........ Lot ~.. ........... Subdivision~/.~'..~,'.~.~,(...t .~. ~.0./.~ited Map No....~..~...~.0. ...... Lot No .... C~. ............ is returned herewith and disapproved on the following grounds.., t Building Inspector RV1/80 THE WATER SU~LY AND SEWAGE DIS~AL ~-?-~1 ~(~ ~ SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SU~OLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL OF NO.: OWNERS ADDRE~: ~AL LAND SU~EYORS L Town of Southold Board of Appeals '",' COUNTY OF SUFFOLK'. DEPARTMENT OF PLANNING (516) 360-5513 January 7, 1982 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. Applicant Municipal File Number · Wilbur A. Baldwin De C~ard & Joan Zeisler s Menakis 2899/ 2903 2910 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner $outhold Town Board of Appeals ~AIN Er=lAD- ~TATE Er'lAD ~5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI January 8, 1982 Philip J. Ofrias, Jr., 737 Roanoke Avenue Riverhead, NY 11901 Esq. Re: Appeal No. 2903 - Richard and Joan Zeisler 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. CHAIRMAN GOEHRINGER, JR. Legal Notices 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 Southold, a Regular Meeting and the following public hearings will be held by the Seuthold Town Board of Appeals at the South- old Town Hall, Main Road, Soathold, NY n Thursday, November 5, 1981 commenc- ing at 7:15 o'clock p.m. as follows: 7:15 p.m. .Application of Isabel DuBois by Gads Con- tracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fish- ers Island, NY; Chooomount Lot 3; bounded north by Mus- sec and Private Road; east by F.I. Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Com- merce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and wnst by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway. by James V. Righter, 58 Winter Street, Boston, MA 02103, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Williamson; south by Privst~ Road: west by l~[~y; Cou~lty Tax Map ParcL~q~tem No. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No M86, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Read, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cut- chogue, NY; more particular- ly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 104-13-2.4. 5 p.m. Application of ard and Joan Zeisler, c/o p J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Rivechead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of twalkways around the perime- ter of applicants' house with reduced froatyard and side- yard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Mao Parcel ~Lltem No. 1000-113-4~ 8:05 p.m. Appllq~'tion of Thomas J. DeBorger, by Ru- dolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk Schedule for per- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- ceeding the maximum per- mitted 20% lot coverage. Lo- cation of Property: North side of North Read, Seathold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 4~; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. 8:20 p.m. Application of William and Margaret Killian, 5100 Private Read off Mill Road, Mattitack, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Sectio0 100-118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Read off Mill Road, Matti- tuck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Mattituck; bounded north by Case; west by Winiarz Es- tate and North Fork Liquor Corp.; south by State Route 25; east by Wickham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates: Trumbull, CT 06611, for a Variance to the Zoning Ordinance, Article III, Sections Bulk Sc~ insuffici, cci in a sion, pr Pequasl~ Lots No. Map Pa: and 100 known; quash NY. 8:45 t Demos duly Sworn. J. Cron,f the Zonk III, S~Ile SUFFOLK Sehedul . . constru~nPor~0 in said an insu Circle ~d is ~ printed Avenue,. ___ bounde(V eegl~..r Times Avenue and Da ....... weeks east by Map P~. ............ 3-11. 8:50 { Willia~ Reckle~--- ........... Grove, ham, I~ the Zc Article and B(..~..~/:~.~. proval. width o and (2) ............. 31 and missim dwelli~ fronty~ Properk of Wa~ sire W~ Estate,~ Lots 1' Map P and 15 9:00 Ronah Heidti chogu: the FI, Law, missic dwelli with ll-foo{ above tion ol Cedar --~-~) 'i~--~ order to onsv~er the questions tn this short EAF J.t is assumed that the preparer vi11 use current}y available ~nfor~:~ot~on concernSng the project nnd the 1i]:el7 ~c~p~c'Ls of the action. ]~ Js not expected ~hat additional studie.~ re~eozch o; other ~nvest~gat~ons wLl~ be undertaken. (b) if on7 quer. t~on bas been ons',~ored Yes the pro)eot may be ::jgnificonL and o compleLed EnviroF, raenta~ Assessment Form is necessary. (c) If oil questions have been ~nswered Ho Lt ts iLkeIy that this pro)eot ~s not ~igniFicont. .. (d) Enviroma~ntol Asser, sment ' J. ?/1l~-prajacL resuZ~("~n o lo~ge physical change to [}m project silo or physically al~er more t:,.n 10 octet, of land? ............. Yes No 2. ~1~11 there be a major change to any unique or -u~,u:ual land Fozm Found on the si~e?. ......... Yes~No 3 ~'lill proje~t ol~er az' hnve a large effect on -x/ existing body of water? ..................... , yps~o 4 Will ps-eject bore a potenti~lly large impoc~ ~ on ground',rater quoli~y? ..................... Yes~No 5 Will project sigr, ifJcon[ly effect dro%noge " '/x~'- fl dj ? . Yes .~NQ o%'t O~ o acen~ ~i~e5 ...................... , , 6 ~'/ill project affect any threatened or cl~dongarcd plant or animal :~pecics? ....... Yes ~No 7 %Jill project result in o meier adverseeFrgg ' ' ' on air quality? ............................... , Yes.~No prnjcct have a major effect on visual clot;roe:tar of iha communi'ty or scenic views or vir. los known to:be important ~o the community?. project oclversely impact any site or structure of historic, prehistoric or poleal,to!ogicol importer, ce or any site ¢]azigr,¢,tad os o c~itic(:l enviz'onmentol area by c local agency? ............ ~:...-..r.v....;..~..v. 10. %'/ill projec'L hove a major cf foci on existiho or fu[urc recreational opportur, ilics? ......... 11. h/il! project result in .major traffic problems or. caur. c o major cf[ecl ia existing 12. %~1ill projccl .regularly coL, se objeclionnble o(~or5, noise, glare, vibration, or elec%ricol disturbance os o result of the project's 13. 14. 15. project? PREPARER'S SIGIIAIUP,~ Yes,~ No Yes~x No operbtion? .... ' ....... . or.safety? .................................... ~es ~No ~'/ill project off act the existing community by directly causing o grovrth in parmoneat population of more than 5 percc{a~ over a one year period o~ have o major negative effect on the character of the community or ~ ~N neJghborhood? ................................. Yes. o ]s there publi~ovcrsy concerning the ,~ ~ ~ No To: Sout!:old Town Board of Appeals :.lain Road $outho !d, NY 11971 Re: Appeal Application of ~ ~ ~/~.~ Location of PrOperty: IOOO- 115 - 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) [ ] ;4ay be located within 300 feet of tidal wetlands; hon./ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; .however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to [Starred items (*) indicate your property does fa].l within the jurisdic~io/~ L~.Y.S.D.E.C.] Legal ~otice of ~ ' ~ ~ ,~earzn~s for Regular Board of Appeals mtg., 11/5/81 On Tuesday, Octoovr 27, 1981, copies to: A. John Cada General Contracting, agent £or Isabel DuBois Mr. Robert ~. ~'~elson Ms. Marjorie S. Dunaway Mr. Jaymes V. Righter, agent £or Marjorie S. Dunaway Mr. & Mrs. R. obert A. Herreros M~. & Mrs. ~fi!liam Rusch h~illiam S. Midgley, Jr., as agent for Mr. Wilbur A. Baldwin M~. Wilbur A. Baldwin Philip J. O£rias, Jr., Esq. as attorney for Richard & Joan Z~isler Rudolph H. Rruer, Esq. as attorney for Thomas J. De Borger Mr. & Mrs. ~,?illiam Killian Mr. Alls_n C. Dickerson Abigail A. ~'~ickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. !'fickham as attorney for l?p]. & Helen Robison' Glenn F. Meidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances M. Frisbie Appeal files ZEA members To%.~n Board members Supervisor Pell Copy to ouffol_~ Times, Monday, Copy to L.I. Traveler-Uatclmnan, inst~ uct~ons October 26, 1981 with instructions Tuesday, October ~7, 1981 with JUDITH T. TERRY TOWN CL~RK REGISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 October 6, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T, Terry, Town Clerk Land-Use; property. Transmitted herewith is Zoning Appeal No. 2903 application of Richard & Joan Zeisler for a variance. Also included is notification to adjacent property owners, Short Environmental Assessment Form, Letter relative to Tidal Wetlands Notice of Disapproval from the Building Inspector; and survey of the JTT/bn Enclosures Town Clerk PHILIP J. OFRIAS, JR, ATTOI~IqEY AT LAW October 2,1981 Southold Town Clerk Main Road Southold, New York 11971 Re: Richard Zeisler Residence File No. X-4969 Dear Mrs. Terry: With reference to the above matter I have enclosed the following: 1. Notice of Disapproval dated September 17,1981. 2. Application to Zoning Board of Appeals dated September 30,1981, (in triplicate) 3. Notice to adjacent property owners with proof of mailing by certified mail. 4. Short Environmental Assessment Form dated September 9,1981. 5. Wetlands letter (form xyz) dated September 29,1981. 6. Five copies of survey dated May 6,1981, showing dimensions of reduced front and side yards. 7. Check in the sum of $15.00 payable to your office as and for the necessary filing fee. In the event there is any difficulty or problem with the enclosed please call me. Thank YoU.~.~.~ ~[ilip J. Ofrias, Jr.~ PJO:so encl. Southold Town Board of Appeals MAIN ROAD- .STATE ROAD 2.5 .50UTHOLD, 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: X~ Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 2903 Applicant: ~ ,~d ~ Jo~ Se~Sl~ Location of Affected Land: ?00 J&~k~ ~g, ~~, ~ County Tax Map Item No.: 1000- ~13-4-9 Within 500 feet of: Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary) ~&~ ~h ~ ~. ~ 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. Copies of Town file and related documents enclosed herewith for your review. Dated: J~%~-y 4, 1982. Secretary, Board of Appeals Today' s Date: Members Absent, if any: THURSDAY, NOVEMBER 5, 1981 Appeal No. Agenda Item/blatter of: Type of Variance or Appeal: Resol'ution made by: Seconded by: A ction: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) Withdrawn without Prejudice ( ) 700 ,Tachs'on L:': cl :, ::"--'.- GCharles $,er~e Robert' ,~ G~rard ~oseph. agoras uo~n Douglass uoenrmger ~aw~c~ ( ~ A~prove with ~he following conditions: ~)(~<~ Subiect to County Planning referral ( ),Subject to Plannin0 Board approval ( ) Subiect to D.E.C. requlations ( ) Other: Findings of the Board are as follows: Other ( ) Not %v'ithin the Character of the Neighborhood ( ) Granting the Relief Requested is wil;hi! Variance is Substantial in Relation to Code Not .in .hg~n...gny Fith purposes of the Code Hardship not suflicient Circumstances are. Not Unique Will set a prece.dent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: (-/YCG (/J'SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) Notes: ( () ) ) ) ) ()/"RD ( ( ( spirit of the zoning code ) Relief is not substantial Burden of hardship or difficulty show~ Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served By grantin Othe= for Special Exceptions ( ) GG ( ) JS () () () () () () the Town Law and the Pro- visions of the Amended Code . of the Town of Southold, Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the 5outhold Town Hall, Main Road, Soathold, N.Y. Thursday, November $, 1981 COmmencing at 7:15 o'clock p.m. as follows: ~',.. 7:15 p.m. Application of. ~"~' ~?~'~ ~ou_und; east bye. Willta~nson;~.~ NOTICE IS HEREBY G1V:~.~'.~; thy Private Road; west EN, pursuant to Section 267 oP .. R~qey; County Tax Map!' Parcel Item Nod. 1000-3-1.3. 7:30 p.m. Application of Robert A. and Bettyann Her- terns, 3000 Delmar Drive, Laurel, N.Y. ' the Zoning ( HI, Section 1, sion to const dwelling witt, fzontyard sett couNTY OF SUFFOLK ss: . Property: 30OI STATE OF NEW YORK Laurel, N.Y.,; Estates Map N Isabel DuBois by Gads Con. County Tax M tractiog, Drawer B. Fishers No. 1000-125.4. . Island, N.Y. 06390, for.ap. 7:35 p.'m. ~ Patricio Wood, being duly sworn, soys that she is the il ptovci of access, New York/ "~qqllllmA. Ruse Editor, of THE LoNG ISLAND TRAVELER-WATCHMAN, Town Law Section 280,A Road, Southold Location of Property: Privet,', Variance to the: o public newspaper printed at SouthOld, in Suffolk County; Road, Fishers Island;' N.Y.;. anco, Article Ill, Chocomount Lot 3; bounded 32B far petmis~ ond that the notice of which the annexed is a printed copy, north by Musser and Privnte sttuct rulsed decl has been published in mid Lc)fig Island Traveler-Watch- [ Road; east by F.I. Water' an insufficient s ' Works; south and west b~ back at ~0550 . man once each week for ................... '% ................... weeks Fishers Island Deveiopmant Southuld, N.Y.; Ix ,u,~..~. ............ Co.; County Tax Map Parcel by Main Road, ea succes$iveiy, commencing Or~ the ................. Item No. 1000-4-5. part of;= south by Christi parcel'S. ' ', Socl~y and Soutl day ' '~"--"~ .... 7:20 p.m. -Application of District; west b) ~. . ............... Robert, W. NelSOn, 17 Cam- Science Society. ( marco Street, Chatham, N.I. M~p Parcel Item N 07920, for approval of access, . 2-13. New York Town Law Section. '7:45 p.m. App 280-A. Location of Property:, Wilbur A. Baldwit Private Road, Fishers Island, liam S. Midgley, Jr N.Y.; Fishers Island Map --~200 Skunk Lane, ¢ ........ ..~... ................. day of Block 16, Lot 12; bounded/ 'N.Y. for a Varian Sworn to before me this north by F.I. Water Works;. :. Zoning Ordinance., east by Private Roadi south~ Section 100-32 for I ........... ..~h..~.a~-..~.. ............... , 19...~.L and west by Fishers Island to construct garag Development Co.; County Tax ~rontyard area. Location of Map Parcel Item No. 1000-4- ' Property:. 172S Nassau Point 5-5.7, · ~ ROad, Cutchogue, N.Y.; more ....... 7:25 p.m. Application: bf~: particularly known as Nassau . Marjorie S. Dunaway, by Point Club Properties LOt No. ' ............ James V. Righter, S8 Winter 1; County Tax' Map parcel ' Street, Boston, Ma 02108, for Item No, 1000-104.13.2.4. a Variance for: 1) approval of _7:SS' e.nL Appltcatioe of CI.EMENTJ. THOMPGON NOTARY PUSU~, Stats al Non York access, New York Town Law Richard and Joan Zoisler. c/o Il0, 52.9321725 Section 280A; and 2) for per- ' P~lfl~, .L Ofvia~ Jr.. Ese.. 737 mission to construct pool in Roan-aka AvenueI Riverheadl ~ Commission Ex,res March 30. 19L~ sideyard area; and 3) for iq-Y- 11901 for a Vartanc;~ t9 ;o~rtm~;~°ntetn°ni~°c~C~eten~,, ~,e~"!e_~ Oedlnn. ce. Articl, ace; ctlon 100-~Jl for anerova] Location oF Property: Private' ~f wcikWays around !,he peri- Road, Fishers Island N Y ' meter Of aflnleants hous~ Fishers Island Map Block 2J,, '"'""With reduced fron~-.;----~ 'k~ · ~sidevard sathn~__~_, at 700 Jack- · ~n Landina. Mn+tl+,,ek N lr ~ _J~ckson I~ndlna SUhdI~a~I~.. · NO. 9. Subdlvhlun Mae: J~io. S21~i Cmm*¥ T~z Man P~sar..c..~.,I l~em No. :05 p.m. Applic,vioa ThOmas J. DeRor~er. by dolph H. Rruer, Esq., Main' - . ~ .... Road, Southold,, N.Y.' for a Variance to the Zoning Ordin;; " anco, Article 1~, Section I00~. 31 and Bulk Schedule for? permission to construct' nev~; dwelling with insufficient front and, side yard setbacks and; exceeding the maximum p~. mttted 20% lot coverage, ~.Location of Property:' North I side of North Road, Southold, N.Y.; bounded north by L.I. SOund; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item n~r~Subdivisio~ Map No. No. I000-44.2.15, 286, Lots 26 and part of Lot 27; 8:20 p.m. Application of ' County Tax Map Parcel Item William and Margaret Ktllian, No. 1000-111.1.16. $100 Private Road off Mill Southold Town Board~ Appeals -18- July 1, 1980 RECESSED HEARING: Appeal No. 2702. Application of ECCLES PRIDGEN, by Horton Construction Co. as agent, New Suffolk Avenue, New Suffolk, New York for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32 for per- mission to construct second dwelling unit on single lot. Location of property: 2410, 2530 Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east'by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. County Tax Map Item No. 1000-128-6-14 and 15. The Chairman reconvened the hearing at 9:05 p.m. MR. CHAIRMAN: application tonight? (There was no response.) On motion by Mr. Douglass, seconded by Mr. Doyen, was RESOLVED, to recess the matter of ECCLES PRIDGEN, Appeal No. 2702 until the next regular meeting of this Board, to wit, July 24, 1980. Is there anyone here to speak on this it Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Goehringer. Absent: Messr. Tuthill. RESERVED DECISION: Appeal No. FL-2. Application of RICHARD ZEISLER, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, New York 11901, for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18A, B for permission to construct basement below the restricted base flood elevation in a special flood hazard zone. Location of property: Jackson's Land- ing, Mattituck; Lot 7 of Map of Jackson's Landing; County Tax Map Item No. 1000-113-4-9. Upon investigation and personal inspection of the premises, the Board finds as follows: The lot in question has an area of 23,495 square feet. tThe plot plan dated April 23, 1980 as amended, submitted to this Board indicates that the area of the lot where the dwelling is to be constructed has an elevation of 7%~ at the lowest point above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in - Zones A and C ~tk a minimum elevation requirement of llfeet. Applicant is proposing to construct basement floor not less than 7%' above mean sea level, and proposes to use basement only for storage, and does not plan to use same for electrical pumps, furnaces or other devices. The dwellings ~b ~outhold Town Board Appeals --~- uly 1, 1980 on lots in the neighborhood of the lot in question are on lots of similar size, and are constructed similar to what applicant proposes in relation to mean sea level elevation. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of slightly more than one-half acre and is contiguous to and surrounded by lots with existing structures at about the same elevation proposed herein. In passing upon this application, the Board has con- sidered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the appli- cable factors contained in Section 46-15B, subdivisions (1) to (11) inclusive of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in excep- tional hardship to the applicant; (3) The grant of the variance will not result in increased flood heights or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Grigonis, seconded by Mr. Goehringer, IT IS THEREFORE RESOLVED, that RICHARD ZEISLER, the ap- plicant herein, be and he hereby is GRANTED a variance from the provisions of. the Flood Damage Prevention Law of the Town of Southold to construct a one-family private dwelling on premises located on the south side of Jackson's Landing Road, Mattituck, New York, said premises being designated on the Suffolk County Tax Map as District 1000, Sectionill3, Block 4, Parcel 9, with the finished basement floor to be elevated not less than 7½' above mean sea level, SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That the basement be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) That the floodproofing requirements be certified by a registered professional engineer or architect as meet- ing the standards set forth in the preceding paragraph hereof; (3) That such certification be filed with the Building Inspector of the Town; (4) That prior to the commencement of the constr~ction, applicant apply for and obtain a Development Permit from the Southold Town Board~I Appeals ,20- eJ%liy 1, 1980 Town Building Inspector, pursuant to the provisions of the Flood Damage Prevention Law; AND IT IS FURTHER RESOLVED, that pursuant to the provi- sions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowes~ floor elevation below the basement flood elevation of not less than 7½' as applied for, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to the applicant, the applicant's attorney, and to the Town Building Inspector. Location of property: South side of Jackson's Landing Road, Mattituck, New York; Lot 7 of Map of Jackson's Landing; County Tax Map Item No. 1000-113-4-9. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Goehringer. Absent: Messr. Tuthill. On motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to approve the following sign renewal requests for a period of one year from the expiration date noted thereon, SUBJECT TO THE FEDERAL HIGHWAY BEAUTIFICATION ACT AND FUNDING LAWS FOR HIGHWAYS, IF APPLICABLE: Appeal No. Applicant 2443 1188 909 889 930 2562 1441 1124 2158 914 887 915 1927 921 905 920 907 Southold Rotary Club, Inc. Pawling Views, Inc. Woodhollow Properties, Inc. Mr. Joseph Cherepowicz Silvermere Bungalows Claudio's Retaurant Messrs. Fred and Harold Reese Greenport Shores Civic Assn. Old Oyster Factory, Ltd. North Fork Community Theatre, Inc. Magic Fountain Port of Egypt Fishing Station Patricia Zeller (Drossos) Mr. R.L. Frazier, Gulf Oil Co. Mr. Philip Loria Mr. Robert De~iaria L. Duell TOWN OF $OUTHOLD, NJ%~' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. A.PE L NO. DATE ~apt~,,L~ 30,1981 1, (We) [{icl%ar~..ar~cl..J. oa-n..~.eisl.er ....... of Q/.o...~l~ilip...J.....Q~ria~,...J.r.,.7.3.7_.lqQDnoke Ave Name of Appellant Street and Number R±verhead ........... .N..;.¥.... ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... D.ep.t~....1.~.,.1.9.J],l. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of c/o P hi 1.ip...J.,...Of.~.i~ ,... $~-o-.. ~..3 ~...R~a ~ke..A~e.0...R.i.~ea~ ~...N...¥ ........ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .~.0.(]...Janksozk. Landiz~g ................................ Zo~e..A ........ Street Use District on Zoning Map 5280 9 '1~'~" ~' ........................................ ~;~"1~i .............. 1000-113-4-9 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 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) (.~r4~) 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 (X) request for o varianCefrom Flood Damage ?revention r,aw and was made in Appeal No....F.Lrr.2 ................... Doted ....Ju.],~..3.~...&.~8.0 ..................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reasonthat The walkways around the perimeter of applicants house have reduced the front yard and the easterly side yard setbacks to less than that which is required. The front yard should be 50 feet but is only 46. The side yard~should be 15 and 20 feet, but are both 15 feet. Fon~ ZB~ (Continue on other side) REASON FOR APPEAL Continued hundred 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ of the fact that when the applicants built their house they tried very hard to maintain the property in as near it's natural state as possible. The lot is slightly over 1/2 acre, and is comprised mostly of sand, meadow and salt marsh. The house is built on the upland portion which is mostly salt, sand and sandy gravel with a smattering of upper wetland schrub~ery Rather than truck in several yards of topsoil to support a lawn (State~ County, and Local permits would probably have been required) or blacktop or pave extensive areas or walkways, applicants choose instead to install a 4' wide wooden walkway around the perimeter of the house, and from the house to the street The top of the wolmanized walkways are only inches above the natural grade, and are becoming bleached by the sun and the rain, are esthetically very pleasing and have enable applicant to maintain the original na~u~ndition of the land. Unfortunatly the walk~ays are adjacent ~o~se, thereby causin? th.e~, to be regarded as a structual extension of the house. An zdentzcial walkway which extend almost 50' from the house to the street has not been regarded as part of the struct- ure because it is not physically attached to the house. The walkway on the easy side of the house is only 15 feet from the property line(rather than the required 20ft.), and the walkway along the front of the house is only 46 feet from the street (ra~her than the required 50 ft.) 2. The hardship created Js UNIQUE and isnotshared by all properties alike in the immediate vicinity ofthis property andinthis use district because of the unicrue topgraphy of applicants property and applicants disire not to ~o change or intrude upon the natural terrain or environment 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the basic purpose of the walkways was to minimize applicants encrochment onto the existing natural s~ate of the land. STATE OF NEW YORK ) COUNTY OF $OFFOT.~ ) Signature ~ Notary Pubi;c C~mmb~on Zx~ee, Mazch BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : Richard and Joan Zeisler : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That Jt is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~l~£x~lrJ~lRk(:~:~at:~a~~Rl~jLq:lX~je~: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 700 Hundred Jackson Landing , Mattituck, New York Lot 9 on subdivision map for Jackson Landing (map number 5280). Suffolk 3. That the property which is the subject of such Pet~ion is located in the following zoning district: ~ ~ ~one 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: rR~u~ ~a~f~rq~ side yard requirement to 15 feet, and front yard requirement to46 feet. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, 5outhold, New York and you may 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 5outhold 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: ~L ~' 1981 Richard and Joan Zeisler Petitioner PosLOU'gce Address_~ . C/O Fn~±lp ,3. U:rlas, Jr., Esq. 737 ~oanoke Avenue NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS William Gasser 1119 Round Swamp Road Old Bethpage, New York 11714 Jackson Landing, Inc. c/o Hurley Box 216 RR1 Wading River, New York 11792 RECEIPT FOR CERTIFIED MAIL--30¢~ I SERVICES ~ ..... W,t~ ~t~ ~ ~ECIAL ~L%VERY (~tra fee requirem PS Form ~ '~ Aug. 1975 NOT FOR INTERNATIONAL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , Sharyn Ofrias . residing at Southold N~_w York , being duly sworn, deposes and says that on the ~c~ay of . ~q~me~.le.e.~ ~)c?'or3,~-~.. , 19 8 1 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riv~rh~ad. New York ; that said Notices were mailed to each of said persons by (certified) (r-egi~t~r-ed) mail. :o:to Notary Public ~ J. OFR/AS, JR. ~%'~T/~' pUBIJC, State of .New York ~%1o. 32-294SI,35 - Suffolk Ceunt¥ C. emmi,~.on Expires March ~, 19~9_~ .? 3~ ~x~ 3~ / I1 %,i! / J! ' -ii ./ ,' h,4,,q 77T't "c~c t< ~' ~ ~ ...... ~ THE WATER S~LY A~ SEWAGE DI~AL ~=~.~ ~ ~._ ~.~ ~ t ~ CONFORM TO THE STANDARDS OF THE ~ .z~/ x ~ '~. /¥ j ~ .~ ~ SUFFOLK COUNTY g[~. ~ H~ALTH R~E~IGK VAN TUYL,~C. ~wa~e~ ~, ti, l~Tf, , GREEN~RT NEW YORK SEE SEC NO 106 ~ MATCH . Z LllJE oF LILCO ~L~ _CO