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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZO~G ]~OAILD OF APPEALS
AppealNo. 2700' Dated April 30, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Richard F. Lark, Esq. as attorney for
Robert W. Brooks
Main Road, Box 973, Cutchogue, NY 11935
Appellant
at a meeting of the Zoning Board of Appeals on May 2 2. 19 8 0,
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X)~ Request for a variance to the Zoning Ordinance Art. III,
( )
Section 100-31
the appeal
1. ~,s~IL~I~~X~X~X~~MX~ ) be
~anted ( ) ~ de.ed pursua~ to Article .................... ~ction .................... Subsection .................... para.apb
.................... ~ the Zoni~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) ~
co~irmed became Application of
ROBERT ~. BROOKS, Holmes Road, East Lyme, Connecticut 06333,
by Richard F. Lark, Esq., for a Variance ~o the Zoning Ordi-
nance, Article III, Section 100-31 for approval of insuff±cienC
area, width and setbacks. Location of property: Ninthrop
Drive and Reservoir Road, Fishers Island~ New York; bounded
north by Gada, eas~ by Reservoir Road, soufih by Ninthrop Drive
and Cleveland, west by Silver Eel Cove; County Tax Map Item
No. 1000-9-8-3.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
difficulties or unnecessary
(SEE REVERSE SIDE)
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE REVERSE. SIDE)
and therefore, it was further determined that the requested variance ( ) be granted
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
FORM ZB4
ZONING BOARD OF APPEALS
After investigation and inspection, the Board finds that
applicant is requesting for the three proposed parcels,
approval of insufficient area, 19,060, 14,617 and 15,151
square feet, and approval of insufficient width, 176, 58
and 138.94 feet respectively in order that applicant may
proceed with an application to subdivide the property into
the three lots, each having an existing dwelling. Applicant
is also requesting approval of the setbacks of the existing
dwellings as they will be situated with the proposed lot
lines. The Board finds that the existing dwellings were
built prior to the adoption of the Town zoning ordinance,
and are served by public sewer and water systems. The
Board agrees with the reasoning of the applicant.
The Board finds that the circumstances present in this
case are unique, and that strict application of the ordinance
would produce practical difficulties or unnecessary hardship.
The Board believes that the granting of a variance in this
case will not change the character of the neighborhood and
will observe the spirit of the ordinance.
On motion by Mr. Doyen, seconded by Mr. Tuthill, it
was
RESOLVED, that ROBERT W. BROOKS be GRANTED a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of insufficient area, width and setbacks as applied
for.
Location of property: Winthrop Drive and Reservoir
Road, Fishers Island, New York; bounded north by Gada, east
by Reservoir Road, south by Winthrop Drive and Cleveland,
west by Silver Eel Cove. County Tax Map Item No. 1000-9-8-3.
Vote of the Board: Ayes: Messrs. Grigonis, Tuthill,
Douglass, Doyen and Goehringer.
APPROVED
~hairman Board
RECEIVED AND FILED BY
THw~ SOU'iI{OLD TOWN CLERK
DATE ~_~/~ q~Fo HOUR//. k..qS~¢./~
Town Clerk, Town of Southold
approval of insufficient area. Location of properties:
Lots 9,.11 and 12 at South Harbor Homes, Grange'Road Extension,
Southold; County Tax Map item Nos. 1000-75-4-9,10,12.
9:25 P.M. Application of FRANK and JACQUELINE WEBER,
2030 Jockey Creek Drive, Southold, New York for a Variance to
the Zoning Ordinance, Article III, Section 100-31, for permission
to construct dwelling with insufficient sideyards at property
known as 2030 Jockey Creek Drive, Southold; bounded north by
Jockey Creek Dr., east by Wohlberg, south by Jockey Creek,
west by Blackburn; County Tax Map Item No. 1000-70-5-21.
9:40
East L~me,
Ordinance,
P.M. Application of ROBERT W. BROOKS, Holmes Roa~
Connecticut 06333, for a Variance to the Zoning
Article III, Section 100-31 for apprOval of insuffi-
cient area, width and setbacks. Location of property: Winthrop
Drive and Reservois Road, Fishers Island, New York; bounded
north by Gada, east by Reservoir Road, south by Winthrop Drive
and Cleveland, west by Silver Eel Cove; County Tax Map Item
No. 1000-9-8-3.
9:55 P.M. 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: Jacksons Landing,
Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map
Item No. 1000-113-4-9.
Dated: May 7, 1980. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once, May 15, 1980
and forward 11 affidavits of publication to: Board of Appeals,
Main Road, Southold, NY 11971, before May 20, 1980. (765-1809)
PUBLISHER'S CERTIFICATE
State of Connecticut
County of New London,
)
) ss. New London
LEGA~L _No~ 428-
TOWn of Southold
Neflce of Hearing
Purst~l~! to Section 267 ot the
Town Law and the Provisions of
Ithe Amerlded Code of the Town
of $outho~d, the follOwing mat-
I tars will be held for public hear-
ings by the Board of Appeals,
I Town of Southold, at the Town
Hall, Main Road, Southold, New
York on Thursday, May 22,
1980:
By Order of the
Soufhold Town
Board of Appeals
On this 19th day of May
A.D. 1980, personally appeared before the undersigned,
a Notary l~blic, within and for said County and State,
A.G. Almeida, Controller
newspaper
London, State
sta~s on oath,
Legal
of THE DAY, a daily evening
published at New London, County of New
of Connecticut, who being duly sworn,
that the Order of Notice in the case of
advertisement # 458
a true copy of which
is hereunto annexed, was published in said newspaper in
its issues of the 15th
days of May A.D. 19 8@
Subscrlbed a~s;o;n to before-me thi~ 19th
day of May A.D. 1980.
Notary Public.
pauge, New 'fork 11787, for a edge Way, east by Debany, Ordinance, Article III, Section
south by Little Pecouic ~' w,
Legal Notice.
(continued from page 18A)
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Soutbeld, the fol-
lowing matters will be held for
public hearings by the Board
of Appeals Town of Southold,
at the Town Hall, Ma n Road,
Southold, New York on Thurs-
day, May 22, 1980:
7:35 P.M. Application of
MARINO FARAGUNA, 175
Park Avenue, Berkeley
Heights, New Jersey 07922, for
a Variance to the Zoning
'Ordinance, Article III, Section ·
100-31 for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 5675 Skunk Lane,
Cutchogue, New York; Lot 113
of "Nassa'a Farms" filed Map
#1179; County Tax Map Item
No. 1000-130-2-10.
7:45 P.M. Application of
EMANUEL & VENITA LOR-
RAS, Depot Lane, Cutchogue,
New York for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for permis-
sion to construct addition with
insufficient rearyard setback
at property known as 2135 Bay
Avenue, East Marion, New
York; bounded north by
Schwab, east by Massaro,
south by Vasquez, west by Bay
Avenue; County Tax Map Item
No. 10~)-31-17-4.
0:00 P.M. Application of
VICTOR E. CATALANO, 22
Canterbury Drive, Haul)-
Variance t ; Zoning Ordin-
ance: (a) aLacle III, Section
100-31 for approval of insuffic-
ient road frontage; (b) Article
III, Section 100-31 for approval
of insufficient area due to
proposed change in lot line(s).
Location of property: South
side of Great Peconic Bay
Boulevard, Laurel, NewYork;
bounded north by Great Pe-
conic Bay Boulevard, east by
Prktgen ~outh by Pecouic
Bay and/or Catalano and Es-
tate of A. Cardinale, west by
Croce and Keller; County Tax
Map Item No. 1600-128-6-13.1,
13.2, 13.3.
8:20 P.M. Aol~lication of
FRANK E. BROPHY, Sec-
ond Street, New Suffolk, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
the construction of addition
with insufficient front and side
yard setbacks at property
known as 75 Second Street,
New Suffolk; bounded north
by Grathwohl & Pugsley, east
by Second Street, south by
Woodard and Wetzel, west by
Martin and Third Street;
County Tax Map Item No.
1000-117-10-20.7.
8:30 P.M. Application of
RICHARD and MARY LIND-
SAY, 435 Watersedge Way,
Southold, New York for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
31 for permission to construct
addition with insufficient
froutyard at property known
as 435 Watersedge Way, South-
old; bounded north by Waters-
west by Bourgin; Count3 ~
Map Item No. 1000-88-5-59.
8:45 P.M. Application of
KENNETH STRACHAN, JR.,
Peters Neck Road, Orient,
New York for a Variance to
New York Town Law, Section
280A, for approval of access.
Location of property: Right-
of-way off South Side of King
Street, Orient; County Tax
Map Item No. 1000-274-9.
0:55 P.M. Application of
KENNETH STRACHAN, JR.,
Peters Neck Road, Orient,
New York for a Variance to
the Zoning Ordinance, Article
III, Section 106-32 for permis-
sion to locate accessory build-
ing in an area other than the
rearyard. Location of proper-
ty: Right-of-way off South
Side of King Street, Orient;
part of County Tax Map Item
No. 1000-27~t-9; also referred
to as Lot 2 of Property of
Margaret L. Strachan.
9:10 P.M. Application of
RENE GENDRON, Yeangs
Avenue, Soathold, New York
(by Rudolph H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Article III, Section
100-31, for approval of insuffic-
ient area. Location of proper-
ties: Lots 9, 11 and 12 at South
Harbor Homes, Grange Road
Extension, Southold; County
Tax Map Item Nos. 1000-75-4-
9, 10, 12.
9:25 P.M. Application of
FRANK and JACQUELINE
WEBER, 2030 Jockey Creek'
Drive, Southold, New York for
a Variance to the Zoning
100-31, for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 2030 Jockey Creek
Drive, Southold; bounded
north by Jockey Creek Dr.,
east by Wohlberg, south by
Jockey Creek, west by Black-
burn; County Tax Map Item
No. 1000-70-5~21.
9:40 P.M. Applioati0n fir__.
ROBERT ' W. BROOKS~._.
Holmes Road, East
Connecticut 06333, for a Var-
iaece to the Zoning Ordinance,
Article irl, Secti0ri IO0-~ fdf-~
approval of insufficient area,
width and setbacks. Location
of property: Winthrop Drive
and Reservoir Road, Fishers
Island, New York; bounded
north by Gada, east by Reser-
voir Read, south by Winthrop
Drive and Cleveland, west by
Silver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
9:55 P.M. Application of
RICHARD ZEISLER, c/o Phi-
lip J. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead,
New York 11901, for a Var-
iance to the Flood Damage
Prevention Law of the Town of
Southold, Section 46-18A, B for
permission to construct base-
ment below the restricted base
flood elevation in a special
flood hazard zone. Location of
property: Jacksons Landing,
Mattituck; Lot 7 of Map of
Jacksons Landing; County
Tax Map Item No. 1000-1134-9.
Dated: May 7, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the Pro-
visions of the Amended Code
of the Town of Southold, the
following mat~ers will be held
for public hearings by the
Board of Appeals, Town of
Southold, ~t the Town Hall,
Main Roud, Southold, New
York on Thursday, May 22,
1960:
7:35 P.M. Application of
MAliNe F~.RAGUNA, 175
Park Avenue, Berkeley
Heights, New Jersey 07922,
for a Variance to the Zoning
Ordinance, Article Ill, Section
100-31 for permission to con-
struct dwelling with insuffi-
dent sideyards at property
known as 5675 Skunk Lane,
Cutchogue, Ne~ York; Lot 113
of "Nassau Farms" filed Map
#1179; County Tax Map Item
No. I000-158-2-10,
Avenue, Southold, New York
(by Rudohlp H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, A~tic ,e IE, Section
100-31, for approval of insuffi-
dent area. Location of pro-
perties: Lots 9, 11 and 12 at
South Harbor Homes, Grange
Ro~,d Extension, Southoldl
x County Tax Map Item Nos.
I~ x~00-75-4-9, 10, 12.
1~_25 P.M. Application of
9~IK and JACQUELINE
FRArR, 2030 Jockey Creek
WEB~outhold, New York for
Drivean~ ~o th,e Zoning
a Valced A~icle HL Section
Ordinqor permission to cen-
100-3~dwelling with insuf-
stractsideyards at property
fieie~as 2030 Jockey Creek
kno~, Southold; bounded
Dri by Jockey Creek Dr.,
he'by Wohlberg, south by
oekey Creek, west by Black-
burn; County Tax Map Item
Noi 1000-70-S.21.
9:40 P.M. Appllea$i. on of
ROBERT W. BROOKS, Hol-
mes Road1 East Lyme, Con-
neeticut 06,333, for a Variance
to the Zonin~ ordinance,
approval of insufficient area,
of eroperty: Winthrop Drive
and Reservoir Road. Fishers.
Island) New~Yorkl bounded
north by Gad{/, east by Reser-
voir lXOitU, s?~tn oy VV lnrnrop
Silver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
9:5S P.M. Application of
RICHARD ZEISLER, e/o Phi-
lip $. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead,
New York ~-~901, for a Vari-
ance to the Flood Damage
Prevention Law of the Town of
Southold, S~tion 46-18A, B
for permission to construct
basement below the restricted
base flood elevation in a
special flood hazard zone.
Location of property: Jacksons
Landing, Mattituck; Lot 7 of
Map of Jacksons Landing;
County Tax Map Item No.
1000-113-4-9.
BY ORDER OF
THE SOUTHOLI~ TOWN
BOARD OF APPEALS
Dated: May 7, 1980
IT, 5/1S/80 (206)
CCCJNTY OF SUFFOLK
STAT~ OF NEW YORK
Potricio Wood, being duly sworn, says tha¢ she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
;nd that the notice of which the annexed is a printed copy,
fas been published in said Long Island Traveler-Watch-
man once each week for ............... _~. ...................... weeks
successively, commencing on the ...... /.~...'~... .......................
d y of ...,L_~/../~ ...................... 19 .........
Sworn to before me this ..../~
..............
or
CLEMENT J. THOMPSON
NOTARY PUBLIC, State el ~
~, 52-9321725
~mmi~ion ~Nr~
FORM NO. 3 O
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ~,'f~ t L- ~-~ 19 ~' ~
File No ................................
To .~.. ?..~../~..i.i.~..~. .... .~......'~...0.0..~-~....
...~.. ~9.~... ~.. ~ ~.~.~ .....
PLEASE TAKE NOTICE that your application dated ................. ~. ~ 19 ~Q..
for ~ .........................................................
County Tax Map No. 1000 Section ....... ~ ..... BlocA ....... ~ ...... ~t .. ~. ..........
Subdivi~on ................. F~cd Map No ................. ~t No ..................
Building Inspector
OWN OF SOUTHOLD, NEW' YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ 7~)~)
DATE .......~.~.~../~....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ga~t ....... ~.~.~.~ ...w. ;...~...om...~ ~ ........................... of ........ .k~9. ~. e..s.....~...a..4 ..............................................
Name of Appellant Street and Number
......... ~..a..s..t....~..y.~ ................................................................. Connecticut~............................__,___~4FRFR¥ 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
( )
(x)
( )
Name of Applicant for permit
of ~.ol~e~ ~oa~, L~t L~':n~ Con~ecticut 0~333
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
~orth~est corner oE
1. LOCATION OF THE PROPERTYt~oacb.ancL.P~_-ecvnL=..Euac~ ............
F£uhers Istand; [4aw York Use District on Zoning Mop
Co~ty Tax ~,*a~o ~o. i0O0-~0~-0~-O5
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.)
Article III, ~ection 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (llr¢~ (bns not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
)
x)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
~s requested for the reason that [~et4Ltioner wishes to d~.vide hie ~?ro~erty int~ r~ree inuivictual
plots each ~itJ~ a pre-existin~ dwelling.
P~orm ZB1 (Continue on other side)
REASON FOR APPEAL
Continued 0
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the j~ro£~erty w;tich J.~ t2~e alu~ject of ~is appl£cat~,on
lrre~arly s~ped p~l con~ining 4~,d2~ aq~ feet wi~ 3~.70 fee~ of ~o~d
iron.ge along Re~e~ir ~d ~d 237.~ along ~-~in~9 Drive. ~cated on ~i~
~,~ro~rt~ are ~ee existing single family houses which were b~lt by ~*e ~nited
~tes Army in ~e 1920~ and u~ed as of(zcers qu~rs for ~r~el
at Fort ~right. ~ lns[~ction of the ~re~ses reveals ~t t~ yre~es
selves a~ ~11 as ~e &~ro~ng neig~rh~d are residen~al in o~ra=~er
~ only feasible way to Uivi~ ~im p~rty is as ~e Peti~ion~ propo~e~
It is pro~ed ~t: lot one wall ~nt~n 19,~0 sgua~ feet wit~=l~.03
of frontage ~ong ~servo~r ~a~ lot t~ will conta~ 14,617 sgu~e feet
~?.73 feeU ~ong ~er~i= ~ad~ lot ~ree will ~n~ 15,151 sg~e feet
area ~ith 13u.94 rue: of road f~ntage along Resedit ~ad ~1 as s~mwn on a
~r S~vision Plan of Pro~rty of ~rt W. ~rook~ Ly Ct~dler, Paid,ar
Norwich, ~nnec~cut, amended March, 1980 attached hereto ~s ;~ibit A.
~1 of t~ dwelling~ on ~le premises have ~en recently oocu~ied, but
Pe~tioner no longer wants ~e res~ons~ilfty of ~ln~ing ~ese house~ ~
~lres ~ sell ~em to ~ee indlvid~l ~ohasers. The ~ee d~llings are su~ed
by p~lic sewer ~d water
~ugh the ~visio~ of ~u pre~ses a~ p~ed does not conform ~
(Gont~ued un ~de= at~=h~ here~ ~der
2. The ~ardship created ~s UNIQUE and is not shored by all prope~ies alike in the immediate
vicinity of this property and in t~Js use district because ~e property sought to be
ln~ separate lots was origl~lly ofEicer~ ~arters for the United S~a~ Army
}~rt H. G. ~ri~nt.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because t~e s~roun~Lng neighborhood wes oz~9~ZZ~
by the ~i~ S~l ~y for ~ ~d ~l re~ined i~ resid~ c~r~r.
The ar~ti~c~re of ~a e~s~n9 b~l~ngs is compatible wl~ ~e neig~r~ ~d
will not c~ge ~m exist~g use or c~rac~r of ~e district. VeSt.ar ~a~fic
The n~g~r~d w~ll ~ toaSt.ned ~ i~ ~resent s~a~ as in~v~d~ ~rty o~r~
will ~ res~nsible for ~e ~in~en~nce ~d u~k~ of ~ese &~ro~rties.
%..
CON~ECTICUT
COUNTY OF
ss
April
Sworn to ~his
Robe~:r. W. ~l~re
~0
APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, NY
BY ROBERT W. BROOKS
REASON FOR THE APPEAL (continued)
#1 (continued)
day zoning standards it is consistent with the area and yard setbacks of other
houses in the neighborhood. Although nothing can be done with the front and
rear yards as the buildings are existing, the proposed side yards between the
buildings are reasonable and the only practicable way to subdivide the
property.
DEPARTMENT OF PLANNING
LEE E. KOPPELMAN
May 30, 1980
Town of Southold
Board of Appeals
Pursuant tb 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 dete~nination should not be construed as either an approval or a disapproval.
~pplicant
Municipal File Number
Emanuel & Venita Lorras
Kenneth Strachan, Jr..
Frank & Jacqueline Weber
Mr. Robert W. Brooks by Richard F. Lark, Esq.
2685
2697
2699
2700
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
CH:El PI.A~(NER
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765~2660
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the Board of Appeals . of the town of . Southold
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
Re: Appeal No. 2700
Mr. Robert W. Brooks
by Richard F. Lark, Esq.
Main Road, Cutchogue, NY 11935
................ Special permits
...... ~.... Variances Art. III, Section 100-31
Location of affected land: ~.~.~.qp.~=...n..e..~..~...f.~..~$.n....~....=.9P.~&.~.R..~.s.~e..~X9~9~.~t~.~.~ ...........
within 500 feet of: (check one or more) 1000 - 009 - 0 S- 03
...... ~'.... Town or village boundary line, or shore line Silver Eel Cove
................ State or county road, parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Commgnts: O1~ 5/22/80 permission was granted for in~u:~fici,-?.t area,
w~dth and setbacks as lap~t~ed for, ~_~dinc~s & &cter:~ination
attached) .
D May 29, 1980.
ate: ...................................................
(si=ned)
..... ~.~cr.f~.t,.~.r~. .....................................................
Title
Date received by Suffolk County Planning Commission ................................ ....................................................
File No .................................
TOWN OF SOUTHOLD
SHO<>ENV[RONMENTAL ASSESSMENT ~[~RM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assume~
that the preparer wil! use currently available information concerning the .
project and the likely impacts of the action, It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) If al! questions have been answered No it is likely that this
project i5 no~ significant.
(d)' Environmental Assessment
1. Will project result in
3.
4.
5.
6.
a large physical change
to the project site or physically alter more
than l0 acres of land? ............... · .........
Will there be a major change to any'unique or
unusual land form found on the site? ..........
Will project alter or have a large effect on
existing body of water? ......................
Will project have o potentially large impact
on groundwater quality? ......................
Will project significantly effect drainage
~low on adjacent sites? ......................
Will project affect any threatened ar
10.
12.
13.
14,
15.
Yes x No
Yes X No
Yes X No
· Yes X No
endangered plant or animal species? ..........
Will project result in o major adverse effect
on air quality? ..............................
Will project have a major effect on visual
character of the community or scenic views or
vistas known to be important to the community? .
Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency? ............ ~..~..~...-.",... Yes × No
Will project have a major effect on existing
or future recreational opportunities? ......... Yes × No
Will project result in major traffic problems
or cause o major effect to existing
transportation systems? ....................... Yes x
Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as a result of the project's.
o~eration? .......... ,... Yes X NO
WIll project ~'a~'~['~ ~ health '
or safety? .................................... Yes X No
Will project affect the existing community by
directly causing o growth in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
neighborhood? ................................. Yes X No
Is there public controversy concerning the
'project? ....................... ' ....... Yes X No
Yes, X No
Yes × No
PREPARER'S SIGNATURE
REPRESENTING
DATE April
P
D
HENRY E. RAYNOR, Jr.,Chairm~
FREDERICK E. GORDON
~AMES WALL
BENNETT ORLOWSKI, ~.
GEOROE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
May 8, 1980
TELEPHONE
765- 1938
Mr. Charles Origonis, Chairman
Zoning Board of Appeals
Southold, New York 11971
Dear Mr. Grigonis:
The Planning Board has made a review of the proposed
subdivision which requires area and width variances located
at Silver Eel Cove, said property owned by Robert W. Brooks.
The consensus of the Planning Board was that there should
be some ~mprovement made to the right-of-way which runs past
this property.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Southold Town Board of Appeals
APPEALS OARD
MEMBERS
CHARLES GRIGONIS, JR.~ CHAIRNtAN
SERGE DOYEN, ,JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
To:
Southold Town Planning Board
From:
Southold Town Board of Appeals
Date: May 2, 1980.
Subject: Actions Recently Taken Which~May Involve Your
~ D~partment _~'' ~ ..
Gentlemen:
For your information, please be advised that on May 1, 1980
the following actions were taken regarding matters which may be
before your Board:
Applicant(s)
Appeal No.
Action Taken
PRELLWITZ, Samuel B. 2691 Approved, subject to application
to Board of Appeals for approval of access and favorable decision
thereof; and permitting only main house and proposed dwelling as
applied herein for living quarters. No further dwellings.
TIEBEL, George R.
2688 Denied.
Also, the following ~ariances have recently been filed with
this Board regarding proPer~y which may also be under consideration
before your Board. The Board of Appeals requests whether or not
the proposed layout for each appear to be in accordance with the
standards of the Planning Board (excluding, of course, noncompliance
of the zoning code as indicated in the Building Inspector's Notice
of Disapproval):
ROOKS, ROBERT W. 2700 Area and Width Variance for
three proposes lots at Silver Eel Cove, Fishers Island.
GENDRON, GENE 2698 Area Variance for Changes
in Grange Road Extension, Southold.
CATALANO, VICTOR 2692 Width Variance for Lot, 3;
Area Variances for Lots 2 and 3 due to change in lot line
Sou~hold Town Plannin~oard
~ay 2, 1980
at Peconic Bay Boulevard, Laurel.
during 1974 by Planning Board.)
(Previously acted upon
A response regarding the above noted three variances before
May 22, 1980 will be greatly appreciated.
Very truly yours,
Chairman
By: Linda Kowalski
APPEALS ~OARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD p. GOEHRINGER
0
Southold Town Board o£ Appeals
MAIN RnAD- ~TATE RI'tAD 25 SnUTHI3LD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
May 7, 1980
Legal Advertising Department
The Day Publishing Co.
New London, CT 06320
Dear Sirs:
Please advertise the enclosed legal notice of hearings
at the earliest possible date, but not later than May 15th.
Enclosed is the town voucher which should be filled
out and signed in order that payment may be processed at
the next audit meeting, which I believe is the first week
in June.
If you have any questions, please do not hesitate to
call.
Very truly yours,
Linda F. Kowalski
Secretary
P.S. The notice should be advertised for one week only.
_.~Thank yQu. _ .
o
:K
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
April 30, 1980
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No.
for a variance. Also
as follows: A. John Gada,
Woodddale Road, Greenwich,
JTT/bn
cc:file
eric./
2700 application of Robert W. Brooks,
included are notification to adjoining property owners
Fishers Island, New York 06390; Caroline Cleveland,
Conn. 06830.
Town Clerk
RICHARD F. LARK
April 30,
1980
Mrs. Judith T. Terry
Southold Town Clerk
Town Hall - Main Road
Southold, New York 11971
RE: Robert W. Brooks - Variance for Reservoir
Road Property - Fishers Island, N.Y.
Dear Mrs. Terry:
In connection with the above-captioned matter, I am enclosing
the following:
1. Application for Variance in triplicate.
2. Exhibit A: Map of premises dated March, 1980
prepared by Chandler, Palmer & King.
3. Notice to Adjacent Property Owners with proof
of mailing together with certified mailing
receipts attached thereto.
4. Notice of Disapproval from Building Inspector.
5. Short Environmental Assessment Form.
6. My check payable to the order of the Town of
Southold in the amount of $15.00.
7. Three (3) additional copies of survey of premises.
If all is in order, please place this matter before the Board
of Appeals so a date may be set for a public hearing.
v~rY~r~ your s/~
RFL/mld
Enclosures
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
ROBERT W. BROOKS :
to the Board of Appeals of the Town of Southold :
TO: A. John Gada
Fishers Island, New York 06390
NOTICE
Caroline Cleveland
Wooddale Road
Greenwich, Connecticut
06830
YOU ARE HEREBY GIVENNOTICE: ~
1. lhat it is the intention of the undersigned to petition the Board of Appeals of the lown of Southold
to request a (Variance) (~lli~f. alciqllllL, l~:f;gl~kRil01~Rg (the following relief: To subdivide property
into three lots with insufficient areas, width and/or side yards, each with an existing
dwelling.
2. Thatthe property which isthesubject ortho Petitionislocated adjacentto your property and isdes-
cribed~foUows: North by A. John Gada; East by Reservoir Read; South by Winthrop Drive
and Cleveland; West by Silver Eel Cove.
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural District
4. That by such Petition, the undersigned will request the following relief: To subdivide proper~lky
into three lots with insufficient areas, width, and/or side yards, each with an ~
existing dwelling.
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, Southold, New York and you ma), 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.
Petitionei' Robert W. Brooks
Post Office Address
Holmes Road
East Lyme~ Connecticut 06333
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
A. John Gada
Caroline Cleveland
Fishers Island, New York 06390
Wooddale Road, Greenwich, Connecticut 06830
p~
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
ss.:
Mary Lou Doroski , residing at Peconic Bay Blvd. ~ Laurel, New
Ynrk , being duly sworn, deposes and says that on the 30th day
of April ,19 80 ., 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-
rice at Cutchoaue, New York
(certified) ~r~e~) mail.
Sworn to before me this 30th
day of April ,19 80
Notary Public
; that said Notices were mailed to each of said persons by
Ma Lou Doroski
BARBARA DIACHUN
Notary Public, State of New York
~1~_.o. 52-46353.90 Suffolk County
_on Expires March ~OA 19 8'~,
9.8 A{c)
5 28
1.6A 1.4A(;)
~t.6 A (c)
22
5.~ A(c)
5.6 A.
.\
25°2
26el
1.2A(c)
$
L2A(c)
215 -
%
legend
GUARANTEED TO TITLE GUARANTEE COM PANYAND
ROBERTW, BROOKS IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TITLE SURVEYS OF THE NEWYORK
STA}E LAND.~ "F!TL,E~ASSOCIATrON.
5' 30" W
15.35' /
AREA= 19060 sq. ff.
~ N
~" LOT 2
AREA= 14~617 sq.ft.
LOT :5
AREA = 15,151sq.ff,
AREA = 48,828 *sq, ft.
NOTE: Lo,cation of utilities from field
-- ms,gsu, respla s,al3dninf°rmeti°n from
ex[stmg
COORDINATE DISTANCES ARE MEASURED
FROM U. SI. COAST AND GEODETIC SURVEY
TRIANG U LATION STATION "PROS" *
LOCAT)O N MAP
200 0 200 400
M ~'N OR ~SUBD~t~,K}N PLA~
PLAN OF PROPERTY CONVEYED TO
ROBERT W. BROOKS
WINTHROP DR. 8~ RESERVOIR RD.
FISHERS ISLAND, .NL:W YORK
SCALE ='1 "= 40ft. CHANDLER~PALMEES~KING
NORWICH, CONN.
OCTOBER 1979
ADDITIONS MARCH 1980