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HomeMy WebLinkAbout2872 TO%VN OF SOUTHOLD, I~EW YORK ACTIO~ OF TIlE ZONING BOAI~D OF ~kl'PEALS Appea/ No. 2872 by application l)at~d August 17, 1981 ACTION OF THE ZOt~ING BOARD OF ~PPEALS OF THE TOV~N OF SOl/TI{OLD To Mr. and M_rs. Willia~m Zoldessy- 1560 Pelham Parkway Bronx, NY 10461 DATE.....ll=..12YS1 Appellant ai a meeting of the Zoning Board of Appeals on September 3, 1981 was considered and the action indicated below was Iaken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the ZonLng Ordinance (X) Request for a variance to the Zoning Ordinance Art. II I, Sec. ( ) 100-31 the appeal gra~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... p~agraph .................... of the Zoni~ Ordinance Nd the decision of the Budding Inspector ( ) be reversed ( ) bo ccF~U~x Public Hearing 9/3/81: Application of William and Ann Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7~4.1. (SEE REVERSE SIDE) 2. VAP~IANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~vould not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (wouId) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use districl because (SEE REVERSE SIDE) (c) The variance (does) [does not) observe the spirit of the Ordinance and (would) change, the character of the distric~ because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decision~ of the Bnilding Inspector ( ) be confirmed ( ) be reversed CG: lk FORA,I ZB4 ZONING BOARD OF APPEALS The Board ma~e the following findings and determination: Appellants by this appeal seek a variance to the zoning ordi- nance, Article III, Section 100-31 and Bulk Schedule for permis- sion to re-separate parcels and originally purchased. The subject parcels as shown as two parcels on the County Tax Map (Lots 4 and 2.2), are assessed separately in the Tax Office, and conform with ~he neighborhood as to character, size and shape, having 100 foot f~ontage~along Bergen Avenue and an area of approximately 20,000 square feet. The County Health Department in their correspondence to this Board dated September 23, 1981 state that they would process these as ~wo separate tax parcels and there appears to be a sufficient quantity of water, although the area has a history of nitrate contamination. It is the opinion of this Board that appellants will suffer siqnificant economic lnjury by the appli- cation of our zoning ordinance pertaining tb area and width. In considering this appeal, the Beard determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zonlng code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Willia/a and Ann Zoldessy be granted a variance to the zoning ordinance as applied for in Appeal No. 2872, SUBJECT TO THE FOLLOWING: That applicants obtain approval from the Southold Town Planning Board concerning this proposed subdivision. Location of Property: South Side of Bergen Avenue, Mattituck; County Tax Map Parcels. No. 1000-113-7-4 and 2.2. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED .~m~ ~,o~rd ~.~ ~.O AND FILED BY T~ SOUl,OLD TOWN LEGD~L NOTICE OF HEA~RINGS bIOTICE IS HL~EBY GiVe, pursuant to Section267 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 To~ Board of Appeals at the Southold Town Hall, Main Road, Southold, ~f on Thursday, September 3, 1981 commencing at 7:15 p~m., as follows: 7:15 p.m Application of Michael A. Hauppauge, k~f 11788 for a Variance to the Sec. 100-31 for an insufficient frontyard LoGrande, 63 Pinedale Road, Zoning Ordinance. Art. III setback for new dwelling at the east side of Stillwater Avenue~ Cut~nogue~ ~£; bounded north by Madzelan, west by Chituk, south by Sill!water Avenue, east by Barlotta; County T~x Map item No. I000~136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntmng~on, ~ 117~, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 3!45 Ole Jule Lane~ Mattituck, ~; w s~ by OleJule Lane. ~outh by 01d Jule La~e, 1000-122-5-18o Tax Mac Item No. 7:30 p.m Central Drive~ Art. III, Sec dwelling with bomuded north by Allsopp, east by Battersby; County Application of D_eDe~rio~L_a~d ~o~anne. Jo.~n~ides, 60 Mattituck. ~ for a Variance to the Zoning Ordinance, 100-31 for permission to an insufficient frontyard (a/k/a 3905 Breakwater Road) Mattituck, west by Tsounis. south by Central Drive, construct deck/addition to setback at 60 Central Drive ?~; b~unded north by east by Luthers Road; County Tax Map Item No. 1000-t06-3-17~ (further known as Cpt. Kidd Estates Map No. t672~ Subd. Lot No. 114). 7:~0 p.m. A~plication of_H. arry P. Fag~n~ Jr. and wife, 400 Betts Street, Cutchogue, L7 for a Variance to the Zoning Ordinance. Art. III, Sec.~]00-51~_ . for permission to construct addition with an insufficient rearyard setback at ~00 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Fa~e 2 Legal Notice o£ Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application o~ Thomas and Phyllis Maus, 6 Michele Ter- race, Massapequa Park~ h~ 11762, for a Variance £or Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a~k~a 505 Lake Side Drive North), Southo!d, ~; bounded north by W6bd Drive, west by Clear View Road, south by Lakeside Drive, east b~ Haskins; Celerity Tax Map Item No. 1000-90-4-3, (further k~nown as ~edar Beach Park Map No. 90, Subd~ Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, I~ bounded north, west, south by Dechiaro. east by Lake Drive; County Tax Map item No. 1000-59-1-22. 8:05 p.m. Application of Jon C.-Kerbs, 510 Main Street, Greenport, ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for a~proval of insufficient area and width of parcels' in a proposed sub division, and for permission to relocate building with insufficient yard'setbacks, with yard determination on propose~ lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogu. e, ~; bounded north and west by Fleet, south by Fleet.Neck Road, east by Jezek; County Tax Map Items No. t000-!37-2-8, 18, 19. 8:20 p.m. Application of Mary RaM, 375 Factory Avenue, Mattituck. ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Application of Gladys G. Bayley, c/o Flower Hill Build- ing Corp. as agent, Cutcho~2e~ ~f for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A for permission to construct addition ~d convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, h~f; bounded north by Ahrens, Smith Road ~ud Cook, west, south and east bp- the Bay; Celerity Tax Map Item No. t000-1!9-1-I$, (further ~own as Nassau Point Subdivision Map ~o~ 156, Lot A). Page 3 Legal Notice of Hearings Regular Meeting 9/3/81 - Board of Appeals 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory build- ing in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue; bounded north by Hansen, w~st by Betts Street, s~uth by Samios, east by Fleetwood Road; County Tax Map Item NO. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ahn Zoldessy, 1560 Pelham Parkway, Bronx, NY 10461, for a Variance to the.ZonIng Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and widtk of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue.. west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Sonny Brown, Box 473, Madison Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100-1tSD for permission to use existing building ~s~an'~.automobile repair shop (and/or reestablish preexisting use to permit use as an automobile repair shop), at 73225 Main Road (S~R. 25), Greenport; bounded north by Village of Greenport, west by Wardowski, south by east by Rutkoski; County Tax Map Item No. 1000-45-3- p.m. Application of _Anthony G. and Helen M. Nowachek, P~O. Box 355, Pequash Avenue, Cutchogue, NY ~by.RicL~d ~. L~k,~.) for a Variance ~o the Zoning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Article III, Section 100-31; or (b) determining this improvement not to be an addition to the existing structure under the ordinances~ Location of Property: Corner of Pequash Avenue and FLeetwood Road, Cutchogue; bounded north by Fleetwood Road, west by Pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-110-4-1. Da~ed: August 21, 1981. BY ORDER OF THE SOUTHOLD TOWN BOAR~ OF APPEALS CHARLES GRtGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, Au~gust 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971, on or before September 2, 1981. Main Road, p~rt of 2. 9:30 page A _ Legal Notice o£ Hearings Board o£ Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande~ Mr. Richard Posselt Mr. and Mrs. Demetrios Joannides Mr. and Mrs. Harry P. F~gan, Jr. [.~_. andl~rs.~ Thomas Maus Mr. James Genovese ~. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq. as attorney for Mary Ray Ms. Gladys G. Bayle~, c/O Flower Hill Building Sor~. Mr. Donald J. Finnerty Mr. ~nd Mrs.~ William~ w Zoldessy, ~ ~ ~~~ Richard ~. Lar~, ~s~., attorney for --~~ Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or abou~ 8 81. Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ........... ~ ~'~} 19.~OA To ..~.!.L.L.{.~.~?... .... /. .Y.~. .v. . . .'~/_. ff .~.~/. . . . ~4'.~K. .~ y ................. .... PLEASE TAKE NOTICE that your application dated ............. .X~.0'.L .~{...'.3. ].., 19 ..~./.. for permit to c~a-stract ............................................................ at Location of Property ~;~s~ County Tax Map No. 1000 Section ...... [ ./..~..... Block ........ /. .... Lot . .~7f. :/ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .... kO..-/7..~.,...h~.t.k..k. ........... . ~. ( 6.~.~. ...... .,,/. .s. ¢.~. ~ .,. ~ ,. ~ .? ...... RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~27 D^~./.../...:.....'...r' To THE ZON'NG BOARD aP APPEALS. "'OWN OE SO~T"OLD, N.y. ~"" ~ '"' tr~ '/,. /¢~r/ ......... /. .......... ,., ...................................... 7' .................................................................. r ............. Name of Appella,nt Street and Number .......... ~ .................. · ...................................................................... r ............. APPEAL 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 .!~.~..~.5.:..*.~..~....A. ~.~....~.~:..~.~.~...<.>.7. ....... Nome of Applicant for permit ....................................................Street and Number '/~'~'A'i'~i~ii~ .................... §tc~; ..................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........ ,: ........................................................................................... Street Use ~istrict on Zoning Map ...[P~Z':L~ .................. Z ............. .~.:.i ............... Mop ~o kot ~o. 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) ~een made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~(~'A Variance to the Zoning Ordinance ) ,s requested for the reason that --/ ,. ~.. Po~ Z~X (Continu~ on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because ~ . , > .-/~X/ _ '-/ , , 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 V~riance would observe the spirit of the Ordinance ~nd WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF ~.M/--Y. QRK ) ............ No. 03-6018360 Bronx Countl Cemm. E~ir~s Mamh 30, 1~~ TOWN OF SOUTHOID, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~y~'~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Numar .................................... '~'~'i~i~ ............................................. ~ .......... HE~E"Y APPEL TO THE ZONING BOARD OF APPEALS F~OM TH[ D[¢ISlON OF THE .UILDIN~ INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ,.- ~>_ ~ , ~.~ ~ · ~- o~ ! ~..L:..£:.r.~.:~/.~.e~..~ :'~,~.V. .... :...e..,.::~....f.¥.y...(. ...... (..~L :L~..~ ...... ....... /~uni¢ipality State Street and Number ) PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCATION OF ~E PROPERTY ..... :/.~.~.:.:.':..~..!.:......:.:...'...~.~ ....... ,:,...'...:..:..'...~.~:.'..~...~:~... Street Use District on Zoning Map ... t~t:!..~5. ~. . ~..~.~. ............... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 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 ~ppea] was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (¥")"~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'-/~ ~o~ ~ (Continue 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 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 CHARACTER OF THE DISTRICT because COUNTY OF ~=~- ,.~v ,.~,/7...ss Sworn to this ............................... Z ..~..-. doy of...~ ........... 19g/ ...... ..... ............. Notary Public State of N~" Yor~ No. 03-6018360 Bronx Cour~t~y Comm. Expires March 30, (?oday's Date) lq~'l To: }re: Sout!:old Town Board of Appeals Hain Road Southo !d, NY 11971 Appeal Application of Locaticn of Property: Dear Sirs: In refcrence to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and A~ticle' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal applieation: (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, '(~i-~nh ture p~ase) ~ ~~ j~ o~clc:~ ~o ans,,ar tho questions ~n th~s sho~ EAF J.~ ~ assumed Lho,¢ the preparer vi!1 use currently ovo~oble ~nfor~r~a¢&on concernLng project and thc lihcl7 ' ' zmpocLs ' the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If cay question has been answered Yes the project may be siunlficen! ~nd o compleLed [{nvironmenfal Assessment Form is necessary. (c) If oll questions hove been cnswered 1'4o if is likely %hat this project 5s not significoni. (d) [nvironra~ntal ~sse ..... 1. %','i-1~ project result--in o large physical chon9e to the pz-ojcc[ site or pnyszcal~y alter mare t}',nn 10 acrc~ c,[ lon{~? Yes ~No 2. %'Iilt there bo a major change fo any unique or -m~usuol land fo~m found on the site? ....... Yes,~ 3. %'/ill projec'k alter or },eve a large e~Fect on existin5 bad7 of water? ................... YFs 4 Will project have o poicn'czal_~y lar¢e impocf ] t 1' Yes ~N on Grounc.,.~a er quo zi>,g ............ 5. f/ill project significantly c~'fect drainage .... flow on sdjc~cent site~? .................. Yes ~No 6. ~','ill pro3ec[ affect on>' threatened or endangered plan% or animal species? ....... _ Yes ~No 7. Will pro3ect result in o [{nojor adverse effett ' on air quali¢7? Yes ~No 8. Will project here o mojor effect on visual ' chcJrac:~cr of the ca[,]rnu~]i [y or sconce VSOW5 or vfsLos ~nown to be imporlonf ~o [he communify?.. Yes ~. ~'/]11 t)roject oclversel)' imj)oc[ any si~e or .. 5%ruc~urc of his[aric, prehistoric or [)olcorllo].og.[cal imporlonce or ony sJ.~e dusignotcd os a clilicel cnvJt-on~el~ol orca 10. %'~ilt project have o major effect on existinG or fu[urc recreations] opportunities? ......... Yes 11. %;.[11 project result in .,..ajar traffic problems or. cause o major cfr'cci ia existing lransp:)rtatSon systc:ms? ....................... YeS ~ No 12. %','ill projec~ reguiorl>' cause objectioneble odors, noise, glare, vibration, or electrical dinturbc, nce os o resul~ of thc project's operation? ' Yes ~No 13. %'/ilI project },ave any i~:~poc[ on public health * '[7~ Yes ~No 14. ~/il! p~oject affect thc: exisiin9 community by directly causing o growth in permanent population of more than 5 percegt over o one year period or hove o major neoalive effect on the character of the community or ne]ohborhood? ................................. Yes ~No 15. ]s there public controversy concernino the · project? ...................................... Yes ~No REPP. ESENT I h'G .~ ~tLLIAM ZOLDES% ~, IIN[LL[AN ZOLDESSY '[560 P.ELHA~ PKNY S BRONXt N.Y. 'L560 P.ELHAH PKNY S Southold Town Board of Appeals MAIN RrlAD- STATE: RI:3AD 25 5DUTHDLD, L.I., N.Y. 11¢:J'71 TELEPHONE (516) 765-180g APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki August 5, 1981 Mr. and Firs. William Zoldessy 1560 Pelham Parkway Bronx, NY 10461 Re: Variance Application Dear Mr. and Mrs. Zoldessy: This date Building Inspector George Fisher referred your variance application and related documents for review and filing. It has been noted that the application has not been signed and notarized, and the $15.00 fee was not submitted. Returned herewith is the application in triplicate in order that it may be signed and notarized, and returned to our office together with the $15.00 filing fee as soon as possible. If these documents are received promptly by mail, there is a possibility that the Board may schedule this for a hearing at the next regular meeting (tentatively September 3, 1981). If you have any questions, please do not hesitate to call our office. Enclosures Sincerely yours, Linda Kowalski Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 119'71 TELEPHONE (516) 765-1809 August 5, 1981 Mr. and Mrs. William Zoldessy 1560 Pelham Parkway Bronx, NY 10461 Re: Variance Application Dear Mr. and Mrs. Zoldessy: This date Building Inspector George Fisher referred your variance application and related documents for review and filing. It has been noted that the application has not been signed and notarized, and the $15.00 fee was not submitted. Returned herewith is the application in triplicate in order that it may be signed and notarized, and returned to our office together with the $15.00 filing fee as soon as possible. If these documents are received promptly by mail, there is a possibility that the Board may schedule this for a hearing at the next regular meeting (tentatively September 3, 1981). If you have any questions, please do not hesitate to call our office. Sincerely yours, Enclosures Linda Kowalski Secretary .K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I., N. Y. 11971 August 17, 1981 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2872, application of William and Ann Zoldesgy for a variance. Also included is the following: Notice to Adjacent Property Owners-L. D. Russell, William Lindsay, J. J. Vallely, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and Survey of the Property. HENRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 Novembe~ 10, 1981 Mr. George Fisher Sr. Building Inspector Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the subdivision entitled "William and Ann Zoldessy", located at Mattituck, be processed as a "set-off" 106-13. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By'Susan E. Long, Secretar~ cc: Board of Appeals/ II ' APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD' STATE RrlAD 2S SnUTH~3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Southold Town Planning Board Southold Town Board of Appeals November 4, 1981 Appeal No. 2872 - William and Ann Zoldessy Gentlemen: Concerning correspondence and discussions regarding the above project in which Mr. and Mrs. Zoldessy planned a division of a parcel into two lots located at the south side of Bergen Avenue, Mattituck, our file still remains open pending a determination from you as to whether or not the set-off will be deemed a subdivision thereby requiring the Zoldessies to follow the procedures of the code for same. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk Enclosures COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, U.D., M.P,H, September 23, 1981 Board of/tppeals .1'own ol $ont old Mr. Charles G~onis, Jr., ehman Town of Sonthold Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 2872, Mr. ~ Mrs. Wilt~ Zold~ssy, Proposed Minor Subdivi- sion, Property S/S Bergen Avenue, Mattituek Dear Mr. G~igonis: We are in receipt of you~ letter concer~ing the above. Based on o~r records, there appear~ to be a sufficient quantity of water to serve the two proposed parcels. However, the area has a h~tory of nitrate contamination. Oar records indicate th~t there are two sepulture tax parcets which we would process accordingly. Should you have any fu~ther questions, please fe~l free to contact me. V~y ~ruly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Servic~ RRR: cab Board of App al Memorandum to Board Members: 15, 1981 The Suffolk County Health Department will be following this policy as of this year on matters to be considered by them: If lots are substandar~ (less than 40,000 sq. ft.), and are separate parcels on County Tax I~s and ha~ing sepal~Le deeds, the County Health Department will approve. However, if the quality of water is poor due to nitrates, etc., when applicant does apply for their approvals the County Health Departmant will be requiring applicant · o covenant ~heir deed concerning the nitrates probl~m/n order that all futur~ owners are aware of the problem. if lots are s~bs~an~a~ ~ ehan 40,000 sq. ft.), and are not separate parcels on C~unty T~x M-l.s and dP not have separate deeds, the CoUnty - Health Department will automatically reject same. [Example - Ernest Wilsberg ZBA file 1981] Town approval would not have any effect on their rejection. 3. If the ZBA is leaning unfavorably towards an appeal application, ZBA may. request special consideration on a particular parcel. If the ZBA is leaning favorably towards'an appeal application, Health Department policy indicated in paragraph #1 above can automatically be appli~.in ~onsi~ering approval. · Above information obtained from Royal Reynolds, Public Health Engineer, County Health Dept. 9/15/81, 727-4700. (Reference Zoldessy & Kerbs) Southold. Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBFRS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Mr. and Mrs. 1560 Pelham Parkway Bronx, NY 10461 William Zoldessy Re: Appeal No. 2872 September 5, 1981 Dear Sir: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, September 3, 1981 concerning the above appeal: BE IT RESOLVED, that William and Ann Zoldessy be granted a variance to the zoning ordinance as applied for in Appeal No. 2872, SUBJECT TO THE FOLLOWING: That applicants obtain approval from the Southold Town Planning Board concerning this proposed subdivision. An official determination will be filed with the Town Clerk and simultaneously forwarded to you in the near future. Yours very truly, CHARLES , . CHAIRMAN CG:lk August 27 Sept. 2 Sept. 3 Sept. 9 Sept. 14 ZBA follows Step 3 ~equesting suggestions on possible design or location conflicts under the subdivision regulations from PB. PB requests detailed explanation. ZBA sends PB detailed explanation as requested in order that PB may proceed with Step 4. PB sends ZBA letter without giving any review on possible design or lot line conflicts or location conflicts under the subdivision regulations. PB regular meeting.~ Will Jon Kerbs and the Zoldessy's be entertained? ZBA has already made their final decisions, subject to. PB. August 12, 1981 and prior thereto, Over the past 18 months/the PB has been cooperating and sending back responses to ZBA requests. (Examples: Margaret McGowan PB meeting 8/12/81 p. 3; Northville Industries PB minutes 8/3/81 p. 5; Roy C. Schoenhaar PB minutes 4/6/81 p. 17; Hope P. Smith PB minutes 3/17/81 p. 9; ) what has happened? TO W.:N .O,F? SOUTH.(~LD S t~g FO.L K:-.~ 0 ~-N~T Y $outhold. N.Y. 11071 HENRY E RAYNOR. Jr..Chairman JAMES WALL BENNETT ORLO~¥SKI, Jr. GEORGE RITCHIE LATHAM, Jr. · William F. Mullen, Jr. Mr. Charles Grigonis, Chairma~ Zoning Board of Appeals Southold Town Hall Southold, New York 11971 September 9, 1981 TELEPHONE 765- 1938 Dear Charlie, Regarding your letter of September 3, enclosed please find copies of the procedure we established in 1980. As we have been operating over this format for the past 18 months, I would like to know if you have any changes or alterations. The question of the Kerbs appeal seems to differ from the procedure we have been following. With respect to the Zoldessy appeal, it is my understanding, 1. that under section 106-13 all subdivision blocks pertaining to set-offs, that the lot in question must already fall under the accepted zoning classificatioo. If we were to .consider your proposal, to sections A-3,6,&8 of that section. this further at any convenient time. 3L~*U-?O kbq~"Jl4~ ~ M)~ /~ery truly yours~ Henry E. Raynor, Chairman Southold ~own Plannin9 Board sel I feel it would be in variance I would be glad to discuss Enc. cc: Board Members/ Town Attorney HENRY E. RAYNOR. Jr., Chairman FREDERICK E GORDON J A.~,~E S WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. P~ ~~,RD T O:~--~ ~.O.F~ ~ SO.UTH.O~,D S U. FFQ L !(a'~ U~TY Southold, N.Y. 11971 TELEPHONE 765- 1938 PROCEDURES ~OR SUBDIVISION I~7~LVING THE ZONING BOARD OF APPEALS AND PLANNING BOARD ........................... ~ ........ ~ ........ ~ ..... 7 ......... ~ 1. Denial from the Building Inspector's Office. (Building Inspector to get 12 copies of sketch map from applicant. File applications simultaneously.) Planning Board holds. 2. Application to the Zoning Board of Appeals for variances. Zoning Board of Appeals send to ~lanning Board, if necessary, letter rem~est%n~ suggestions one'over-view of road layout on that property and~onformity with surroumding area as to Rossible desitin or location conflicts under the subdivision regulations. 4. Planning Board response at next meeting to Zoning Board of Appeals request. 5. Applicant proceeds with Zoning Board of Appeals application. 6. Applicant, if granted, proceeds with Plm~ning Board application. Thursday, Sep]~ember 3, 1981 rs Ab-~e,~t, if an)': none ltem/blatter of: 2872 WILLIAM AND ANN ZO~DESSY Variance or Appeal: __ AREA & WIDTH VARIANCE; two Proposed substandard lots ion made by: !ed by: GCharles (v) ' ( ) ( ( ( ( ( Approve as applied for Deny as applied for Deny -' Deny without prejudice- \¢ithdrawn without Prejudice Robert Gerard Ose . Douglass Goehrm§er ( ) ( ) (.)/ ( ) ( ) ( ~Approve with the followin§ conditions: ( ) Subject to County Plannihq referral ~,(k,f'-S'ubiecVto Planninq Board approval ( ) SulJiect to D.E;_C.. regul_ation___~s( ) Other: s of the Board are as follows: Other: Jot Within the Character of the Neighborhood "ariance is Substantial ill Relation to Code f so, %. {ardship not sufficient tardship or Difficulty Not Unique :ill set a precedent in the neighborhood ~rea is already very congested ~terests of justice,seryed b~ denying Granting the Relief Requested is within spirit of the zoning code Relief is not substnntial Burden of hardship or difficulty s'hown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting '. -. '.Nay: ( ) ( ) ( ) () ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) .( ) ( ) ( ) ( ) When were lots created as a subdivision by Zoldessy/when did Zoldessy convey lots separately? II I I APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 BOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 September 3, 1981 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Hall Southold, NY 11971 Re: Our Correspondence dated August 27, 1981 Dear Henry: The Board of Appeals recently wrote to you asking for your determination with respect to the appeals of Jon C. Kerbs and William and Ann Zoldessy. You have indicated that you do not understand what is requested of the Planning Board. With respect to the Kerbs Appeal, this is a proposed sub- division of a parcel of land on the north side of Fleet Neck Road into four substandard lots. As has previously been discussed with you, since the Planning Board must approve this subdivision as a minor subdivision and since the Planning Board may require the lot lines to be established in a minor different than that proposed by Mr. Kerbs, the Board of Appeals believes that before it entertains an application for any variance that may be required that the Planning Board first determine how the lot lines are to be established. If the Board of Appeals proceeds first and grants-variances for certain lot lines and then the matter is presented to the Planning Board for minor subdivision approva%, the Planning Board may not agree with the configuration presented to the Board of Appeals and upon which it has acted. It would seem the better procedure for Planning Board to first review the matter and determine whether or not they will favor- ably consider the subdivision as laid out. Then if variances are required the matter could then be considered by the Board of Appeals. With respect to the Zoldessy Appeal, this involves the Page 2 Planning Board division of a parcel at the south side of Bergen Avenue, Mattituck, into two lots. Under the provisions of Section 106-13 of the rules and regulations of the Planning Board as amended on September 23, 1980, the definition of "subdivision" was amended to provide that the set-off of one lot may not be considered to be a subdivision if the matter is presented to the Planning Board and they approve of the set-off. At the time that this new amendment was made, it was the understanding of the Board of Appeals that whenever it received an appeal involving the set-off of one lot that the proce- dures set forth in Section 106-13 were to be followed and accordingly when such appeals are received they are referred to your Board for a determination of whether or not the set-off will be deemed a subdivision or not be deemed a subdivision. For the above reasons, these appeals~have been submitted to the Planning Board for consideration. Yours very truly, CG:lk Enclosures CHARLES GRIGONIS, CHAIRMAN JR. P D Southold, N.Y. 11971 HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. September 2, 1981 TELEPHONE · 765- 1938 Boar l of Town of Sonlhoifl TO: Mr. Charles Grigonis Jr., Chairman Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: September 2, 1981 SUBJECT: Determination pursuant to Chapter A106-13 Jon C. Kerbs and William Lakowitz, William and Ann Zoldessy Dear Mr. Grigonis: At a regular meeting of the Southold Town Planning Board on Monday, August 31, 1981 at 7:30 p.m., it was the concensus of the Board to return your request for recommendation re: above, for a more de- tailed explanation. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J, DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: N1AIN ROAD- STATE ROAD 25 BOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 August 27~ 1981 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals August 27, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Location of Property Jon C. Kerbs and William Lakowit7 William and Ann Zoldessy N/s Fleet Neck Road and S/.s Stillwater Ave. Cutchogue. 1000-137-2-8, 18, 19 Four-lot proposed subdivision. (merger) S/s Bergen Avenue, Mattituck. 1000-45-3-part of parcel 2 Two-lot proposed subdivision (merger). Thank you for your anticipated cooperation. Yours very truly, . CHAIRMAN CG:lk .P.S. These matters are scheduled for public hearing for September 3, and a reply as soon as possible would be appreciated. Copies of relevant sketches enclosed. 1981, Town Board of APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRiNGER Joseph H. Sawicki August 27, 1981 TO: Mr. Henry E. Raynor, Chairman Southold Town Planning Board FROM: DATE: Southold Town BOard of Appeals August 27, 1981 SUBJECT: Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of Location of Property Jon C. Kerbs and William Lakowitz William and Ann Zo!dessy N/s Fleet Neck Road and S/s Stillwater Ave. Cutchogue. 1000-137-2-8, 18, 19 Four-lot proposed subdivision. (merger) S/s Bergen Avenue, Mattituck. 1000-45-3-part of parcel 2 Two-lot proposed subdivision (merger). Thank you for your anticipated cooperation. Yours very truly, CHAIRMAN CG:lk .P.S. These matters are scheduled for public hearing for September 3, 1981, and a reply as soon as possible would be appreciated. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board of Appeals HAIN RDAD- STATE RI-tAD 25 SrlUTHrlLD,'L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 24, 1981 Mr. Royal R. Reynolds / Public Health Engineer Suffolk County Health Department County Center Riverhead, NY 11901 Re: Appeal No. 2872 Application of Mr. and Mrs. William Zoldessy Location of Property: South side of Bergen Avenue, Mattituck Project: Subdivision into Two Parcels/Less Than 40,000 sq. ft. and less than 150' Road Frontage Dear Mr. Reynolds: Recently, the Board of Appeals received an application for a Variance to the Town Zoning Ordinance for approval of insuffi- cient area and width of two proposed parcels located at the south side of Bergen Avenue in Mattituck as shown on the attached survey. One of the matters particularly of concern~to the Board is whether or not there is ample sufficiency and~ality of water in this area for two dwellings on these two 20,000 sq. ft. parcels. The Board respectfully requests all your comments concerning this proposal. This matter has been scheduled for a public hear- ing at ~he Southold Town Hall for Thursday, September 3, 1981. Thank you for your assistance. Yours very truly, CG:lk Enclosure CHARLES GR~GONIS, JR. CHAIRMAN (By Linda Kowalski, Secretary) Southold Town Board of Appeals MAIN ROAD- ¢~TATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION TERRY TUTI::LL ROBERT J. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER N.Y. S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki Appeal No. 2872. Application of: William and Ann Zoldessy. Location of Property in Question: South Side of Bergen Avenue, Mattituck, NY. County Tax Map Item No. 1000- 113-7-4.1 (incorrectly noted on County Tax Map as Parcels No. 2.2 and 4). Project Proposed by Appeal Application: Insufficient area and width of two proposed parcels. 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 proposed does not appear to be located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: August 21, 1981. Copy to: Town Clerk Bulletin Board Applicant or his Agent Original in ZBA file BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Legal Notices LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the South- old Town Hall, Main Rood, Soothold, NY on Thursday, September 3, 1981 commenc- ing at 7:15 p.m., as follows: 7:15 p.m. Application of Michael A. LoGrande, 63 Pine- dale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue, Cutchogue, NY; bounded north by Mad- zelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck. NY: bounded north b.y Allsopl~, west by Ole Jute Lane, southby Ole Jt/le Lane, east by Battersby; County Tax Map Item No. 1000-122-5- 18. 7:30 p.m.: Application of Demetrios and Jeanne Joan- nides, 60 Central Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art: '.III, Sec. 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Cen- tral Drive (a/k/a 3905 Break- water Rood) Mattituck, NY; bounded north by N01an, west by Tsounis, south by Central Drive, east by Luthers Rood; County Tax Map Item No. 1000-106~3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of Harry P. Fagan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art~ III, Sec. 100-31 for permisSiOn tO construct addition with an insufficient rearyard, setback at 400 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Mans, 6 Michele Terrace, Massapequa Park, NY 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oak- wood Drive, (a/k/a 505 Lake Side Drive North), Southold, NY; bounded north by Wood Drive, west by Clear View Rood, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-90- 4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordin- ar, ce, Art. III, Sec. 100-31 for parcels in a proposed sub division, and for permission to relocate building with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater Avenue. Location of Property: pc- quash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2- 8, 18, 19. 8:20 p.m. Application of Mary Ray, 375 Factory Ave- nue, Mattituck, NY for a Var- iance to tbe Zoning Ordinance, Art. III, Sec. 100-31 and 100-36, for permission to construct carport/addition with insuffic- ient sidayard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Fac- tory Avenue; County Tax Map Item No. 1000-122-6-6. 9!30 p.m. Application of Gladys G. Bayles, c/o Flower Hill Building Corp. as agent, Cutchogue, NY, (Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Art. III~ Sec. 100-30A for permis- sion to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Rood (pri- vate) at Nassau Point, Cut- cbegue, NY; bounded north by Ahrens, Smith Rood and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further known as Nassau Point Subdi- vision Map No. 156, Lot A). 8:50 p.m. Application ' of Donald J. Finnerty, 1530 Fleet- wood Road, Cutchngue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 10032 for permission to construct addition to accessory building in the frontyard area, {crated at 1530 Fleetwood Rood and Betts Street, Cutchogue; bounded north by Hansea, west by Betts Street south by Sam es, east by Fleetwood Rood; County Tax Map Item permission to construct deck/ No. 1009.137-5-11 & 12. addition to dwelling known as ~,L~Apolication of 620 Lake Drive, Southold, NY; ~~, bounded north west, south by 1560 ' ' Dechiaro, east by Lake Drive; ,C, ounty Tax Map Item No. Zoqin~. O,- ' ~Art. IlL x000-59-1-22. Sec. I~R1 f~xr anoroval 8:05 p.m. Application of l~,~li.io~i ~ andr~.flJB~Eilith~f Jori C. Kerbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art Av~ ' '~ound~l HI, s.e.c 10o-31 for approval o~ insufficient area and width of ' Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100- 118D for permission to use existing building as an auto- mobile repair shop (and/or reestablish preexisting use to permit use as an automobile repair shop), at 73225 Main Rood (S.R. 25), Greenport; bounded north by Village of Greenport west by Wardow- ski, south by Main Rood, east by Rutkeski; County Tax Map Item No. 1009.45.3-part of 2. 9:30 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 355, Pc- weeks quash Avenue, Cutchog,u,e, NY .................. for a Variance to the Zoning Ordinance: (a) to construct ......................... deck/addition to dwelling with- L ...... being duly Sworn, iblisher of the SUFFOLK shed at Greenport, in said m the annexed is a printed dd Suffolk Weekly/ Times be an addition to the existing structure under the ordin- . ances. Location of Property: ~.~. ~g.~ .~/...,~_~.. Corner of Pequash Avenue and Fleetw~ R~d, Cut- ' ..................... chogue; beund~ nor~ by ......................... Fl~tw~ R~d, w~t by P~ quash Avenue, sou~ by Gold- smith, east bySchr~er; ~v- D[ atone Realty Corp. Su~. Map No. ~9, S~tioa I, ~ No. 45 andnortherlyhaffof~; Court- sul~olk Cou~y ty Tax Map Item No. 1~11~ {a~ch 30, i9~ ~-1. Dated: Aught 21, 1~1. BY O~ER OF THE SOUTHO~ TOWN BOA~ OF ~PE~ CHARLES GRIGONIS, JR., C~I~N 1TA~-37~ an insufficient frontyard set- back pursuant to Article III ~_; ............... Sect On 100-31; or (b) determ- ining this improvement not to ~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................. .~ ................... weeks successively, commencing on the ..... ~..~. ........................ day ~....~n.~.~'~k~...'~ ......... , 19....~..~ ...... ........ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectior~ 267 of the Town Law and the Provisions of the Amended. Code of the Town of Southold, a Regular Meeting and tho following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, September 3, 19~1 commencing at 7_:15 p.m., as follow~.: 7:15 p.m. A~pplication of Michael A. LoGrande, 63 Pinedale Road, Hauppague, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue, Cutchogue, NY; bounded north by Madze- lan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item N~ 1000-136-2-4. 7:25 p.m. Application of Richard ~Posselt, 23 Fairmont Street, I-iontington, NY 11743, for a Variance to the Zoning Ordinance, Art. IIl, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp, west by Old Jule Lane, south by Old Jule Lane, east by Battersby; County Tax Map Item No. 1000-122-~-18. 7:30 p.m. Application. of Demetrios and Joanne Joan- nides, 60 Central Drive, Mattituck, Ny for a Variance Sworn to before me this \ day of .... ............ , Hill Building Corp. as agent, Cutchogue, NY by Richard F. Lark, Esq., for a Variance to the Zoning Ordinance, Art. IlL Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. 1000-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). 8:50 p.m. Application of Donald ' J. Finnerty, 1530 Fleetwood Road, Cutcho~ue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cut- chogue; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. ,9:05 p.m. Application of ,William and Ann Zcddessv. 1560 Pelham Parkway. Bronx. NY 10461. for a Variance tn the Z~nin~ Ordinance. Art. III. Sec 100-31 for approval of insufficient area and width of !wo proposed parcelsI located ,gt the south side of Bergen Avenue. Mattituck: bo~nded north by Bergen Avenuev west by Vallely~ south by Lindsav. Least by Rassell: County Tax ,Map Item No. 1000-113-74.L 9:15 p.m. Application of Sonn~ Brown. Box 473. Ma{Ii- 0 n ORr 0 MAIN ROAD- STAT£ I~OAD 25 S0UTI-IOLD, /.I., N.Y. 11c371 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI November 13,1981 Mr. and Mrs. William Zoldessy 1560 Pelham Parkway Bronx, NY 10461 Dear Sir: Attached herewith is a copy of the formal findings and de%ermination of the Board of Appeals recently rendered con- cerning your appeal application. In the event your variance request was allowed, please be sure to return to the Building Department for approval of your Building Permit application or Certificate of Occupancy (as may be applicable) prior to any developments. 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, CHARLES GRIGONIS, JR. CHAIRMAN lk Enclosure ~' -? Secretary~ TOWN OF SOUTHOLD, NEW YOR~ 'APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF'APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (w,)/u.:.~t~...~...4.~i...ZP~.y.. ..... of .J.~¢?.....P.,~t~...4e....~s.s.~ ....................... Name of Appellant Street and Number ......'~.~...~.. ~..~.~ ......... ~..~....~. ............. ' '-''"...~.( ................................--~..~...~: ......... HEREBY APPEAL 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 .~.~k~.~ ..'..~.4~....~.~.~.C~.~ 7. .............. Name of Applicant for permit of ~ ~...F.¢~U.~.~...?~.~¥..../.~:~.~......~.~C~......~..y.. ....... f.?.,,q.~..~ ............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY , ....... ............ Street Mop No. Lot No. Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph ~)f the Zoning Ordinance by number. Do not qaote the OrdinanceS) 3 TYPE OF APPEAL Appeal is made herewith for (V/) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art i6 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 o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (1~ A Variance to the Zoning Ordinance ( ) is requested for the reason that .~'/~_..~ ..... ~,. ~",.,. ' Fo~ Z~i (Continue 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 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 CHARACTER OF THE DISTRICT because THE STATE OF NEW YORK ) ) ss COUNTY OF ) Signoture Sworn to this .............................................. day of ........................................................ 19 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha'~ intent on of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ariance~ (Special Exception) (Special Permit) (the following relief: ~ -- 2. That the prope~y wh~Lch is_tl~e s~ubject of the Petition is located adiaceflt to your property and is des- cribed as follows: ~/~ ~(~.e~/ A ~ /L~'~r"~"/~'U~'~'~ /~ [ 3. That the property which is the subject of such Petition is Io~cated in 4. That by ~uch Petition, ~he undersigned will ~eque~t ~he follo~in~ ~elief: I/ /4 Cc °l= the following zoning district: [, $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ar~Lcle ~ ~:Ycic~ [~) '~' ~ / 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 M~ ~oa~z~o~l.d, New York and you may then and there examine the same during regular office hours. ~:~ '~ 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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. Petitioner Post Office Addjess NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~uur~l ¥ uI- SUFFOLK) .... of ~/f ('~- . ?epsys~fsteht % pN~ot r;ehs~[c :ihv; r e- verse side hereof, directed names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre~,t]assess~ent~coll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at /j~/~r~7'-. ~',d~C? ' ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to ~ore ~me th)s.s_,~ day of , ./.~.X~. ~.-/' , Notary Public ¥OLANDA Notar'/ Public 5ta~e o~: New No. 03-60~8360 EronX Count'/ C~mm. Expires March 30, SEE SEC NO