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HomeMy WebLinkAbout2727 YOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2727 Application Dated August 4, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary Flanner Olsen, Esq., attorney for applicant Main Road, Box 38 Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on August 28, 1980, the appeal was considered and the action indicated below was taken on your (X~ Request for variance due to lack of access to property New York Town Law Section 280-A ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1. S ~[~~~~~:~Xl~l~[a~XF~F~on ( ) be ~anted ( ) be de.ed pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the Zoni~ Ordnance and the decision ~ the Bulldi~ I~pe~or ( ) be reversed ( ) be co~irmed b~ause Application of Katie ~. Dexter, Park Avenue, Mattituck, NY (by Gary Flanner Olsen, Esq.) for a Variance for approval of access, N.Y. Town Law, Section 280-A. Location~of property: South side of Park Avenue, Mattituck, NY; bounded north by Park Avenue, west by Holman, south by Great Peconic Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by a].l 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) chan~e the character of the district because (SEE REVERSE SIDE). (would net) and therefore, it was further determined that the requested variance that the previous decisions of the Building Inspector ( ) be confirmed ( ) be granted ( be reversed. be denied and ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for approval of access 25 feet wide for the southerly parcel in the proposed minor subdivision of property located at the south side of Park Avenue, Mattituck, New York, and more particularly known as County Tax Map District 1000, Section 123, Block 7, Lot 9. There is presently located on the northerly parcel (Lot No. 1) a one-story frame house with garage; and located on the southerly parcel (Lot No. 2) are a two-story frame house, garage and accessory building. Upon referring this matter to the Planning Board, it appears that the Planning Board does not have any objections to the access road proposed within the subdivision. Upon inspecting the subject property, it is the consen- sus of this Board that the access road proposed is at 1. 25 feet wide and would extend the full depth'of both ~, to Peconic Bay, that applicant's request is practical reasonable, and hereby determine that same be given a c. ditional approval therefor. The Board finds the circumstances present in this case are unique, and strict application of the would produce practical difficulties or unnecessary hardship. The Board believes the granting of a varian( in this case will not change the character of the nei¢ borhood and will observe the spirit of the zoning ordi-i nance. On motion by Mr. Goehringer, seconded by Mr. Doyen it was RESOLVED, that Katie J. Dexter, be granted a var' for approval of access, N.Y. Town Law Section 280-A, TO.THE FOLLOWING CONDITIONS: SUBJECT (1) Southold Town Planning Board minor subdivision approval; (2) The access road shall have a width of not less than 15 feet and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; (3) The access road shall be improved in either of the following methods: (a) Surfaced with a minimum depth of four inches of packed 3/4-inch stone blend so as to afford access for emergency vehicles. Such stone blend may either be applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches, or (b) Shall have top soil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of 3/4-inch stone blend, or in the alternative oiled with a minimum of 4/10thc of a gallon of road oil per square yard. Location of property: South side of Park Avenue, Mat- tituck, New York; bounded north by Park Aenue, west by Holman, south by Great Peconic Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9. APP~0VED vote of the Board: Ayes: Messrs. Grigonis, Doyen,~. ~ Tuthill, Douglass and Goehringer. struct addition to dwelling with insufficient sideyard setback. Location of property: 1850 Albo Drive, Laurel, NY; bounded northwest by Wells Road, southwest by Albo Drive, southeast by Bray Ave. and Butterfield, northeast by Robson; County Tax Map Item No. 1000-126-8-12. 8:30 p.m. Application of Ernest G. Radford, 8220 Main Road, East Marion, NY 11939 for a Variance to: (a) Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, and (b) N.Y. Town Law, Section 280-A for approval of access. Location of property: South side of Main Road, East Marion, NY; bounded north by Main Road, west by Karas, south by Anderson & Smith, east by Gardiner, Dean & Smith; County Tax Map Item No. 1000-31-8-1. 8:45 p.m. Application of Katie J. Dexter, Park Avenue, Matti- tuck, ~ .(by Gar~ Flanner Olsen, Esq~.~ for a Variance fq~. approval of access, N.Y. Town Law, Section 280-A. Location ~f property: South side of Park Avenue, Mattituck, NY; bounded north by Park Avenue, west by Holman, south by Great Peconic Bay, east by Sarkisian; County Tax Map Item No. 1000-123-7-9. .m. Application of Katie J. Dexter, Park Avenue, Matti- tuck, N~f~by Gary Flanner Olsen, Esg~) for a Variance to the Zoning Ordina~oe~ Article III, Section 100-31 for approval of ~tion of property: North side of Park insufficient area. Avenue, Mattituck.; bounded n~o~-~th and west by Chase, south by ~ark Avenue, ~s~ -b-~ ~~'1-~'~t~.'~Inc.; ~ounty~x Map Item No. 1000-123-1-6. 9:15 p.m. Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct tower exceeding height limitations. Location of property: 855 Eugene's Road, NOTICE O~ PUBLIC HEARINGS Pursuant to Secti~,. 267 of the Town Law and the Provi- sions of the Amended Cede of the Town of Soutbold, the following matters will be held for public hearings by the Board of Appeals of the Town of Southold, at Town Hall, Main Road, Soutbold, New York, on Thursday, August 28, 1980: 7:35 p.m. Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Fl. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, Sections 10~-30C and 100-32 for permission to establish guesU play house, an additional dwelling use, on a single per- cel. Location of property: Pri- vate Road, Fishers Island, NY; bounded north by Walk- er, west by Spofford, south by Private Read, east by Private Read and Sorenson; County Tax Map Item No. 1000-3-2-10. 7:50 p.m. Application of Cla- ra Prout, 107 Greenacres Ave- nue, White Plains, NY 10606, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with an insuf- ficient rearyard setback. Lo~ cation of property: 465 Private Road No. 3, Soulhold, NY; bounded north by Jockey Creek, west by Dyer, south by Norris, east by Shecter; Coun- ty Tax Map Item No. 10~0-70- 6-16. 8:00 p.m. Application of Frank E. and Mary Brophy, 75 Second Street, New Suffolk, NY (by William H. Price. Jr.. Esq.), 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. Location of property: 75 Second Street, New Suffolk, NY; bounded north by Pugsley & Grath- wobl, west by Martin, south by Wetzel, Pugsley and Grath- wohl, east by Second Street; County Tax Map Item No. 1000-117-10-20.7. 8:20 p.m. Application of John Reinertsen, c/o William Schonewald, Box 23A, Wells Read, Mattituck, NY, for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for permission to construct addition to dwelling withinauf- ficient sideyard setback. cation of property: 1850 Albo Drive, Laurel, NY; bounded northwest by Wells Read, southwest by Albo Drive, southeast by Bray Ave. and Butterfield, northeast by Rob- son; County Tax Map Item No. 1000-1264~12. 9:30 p.m. Application of Er- nest G. Radford, 8220 Main & Smith, east by Gardiner, Dean & Smith; County Tax Map Item No. 1000-31-8-I. ~.~..8j45 p.m~ Application of ~_K. atie J. Dexter, Park Avenue, ~a~ttituck, NY (by Gary F]an- ~_ner Olsea, Esq.) for a Vari- [~ance for approval of access, N.Y. Town Law, Section 280-A. ~Location of property: Soutfi side of Park Avenue, Matti- 'tuck, NY; bounded north by ~Park Avenue, west by Ho]I- man, south by Great Peconic ~Bay, east by Sarkisian; Coun- ty Tax Map Item No. 1000-12: 7-9. 8:55 p.m. Application of Katie J. Dexter, Park Avenue, Mattitack, NY (by Gary Flan- ncr Oisea, Esq.) for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area. Location of ' North side of Parkpr°perry' Avenue, Matti- tuck; bounded north and west by Chase, south by Park Ave- nue, east by Sark Equities, Inc.; County Tax Map Item No. 1000-123-1-6. 9:15 p.m. Application ,of George Ab]ers, 855 Eugene s Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 32A for permission to con- struct tower exceeding height limitations. Location of pro- perry: 855 Eugene's Road, Cutchogue; bounded north by Zabriski, west by Ward, south by Eugene's Road, east by Erickson; County Tax Map Item No. 1000-97-2-18. 9:30 p.m. Applieatiea of Francis J. Murphy, Box 84, Main Road, Mattitunk, NY for a Variance to the Zoning Ordinance, Article VII, See- tion 100-71 for approval of the construction of portico with an insufficient frontyard setback. Location of property: 8700 Main Road, Laurel, NY; bounded north by Main Road, west by Redden, south by Mur- phy & Old Main Road, east by Old Main Road; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 19~0. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA2~.-3503 ~ 'NTY OF SUFFOLK, TE OF HEW YORK, ~ ss: J ~.~..GU..~.~..~.~..0.I~. ................... being duly Sworn, that .~..~.... · is Printer and Publisher of the SUFFOLK EKLY TIN~ES, a newspaper pubtished ~t Greenport, in said ~tw and that the notice, of which the annexed is a printed D has been published in the said Suffolk Weekly Times in each week, for .... .07..~. .................. weeks .~ssiveiy commencing on the . ..~.~.s.~ ................... of . .AI~.'~. ............ 19.~0. ~ to befoze me this .2.'I.s'I; ..... HELEN K. DE VOE NOTARY PUBLIC, State of New York No 470751~, Suft~lk County Term £xp~res March 30. 19~/ NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of South- old, the following matters will be held for public hearings by the Board of .Appeals of the Town of Southold, at Town Hall, Main Road, Southold, New York, on Thursday, August 28, 1980: 7:35 p.m. Application of Harry O. Hurlburt, Jr., 7014 Sheaff Lane, Ft. Washington, PA 19034, for a Variance to the Zoning Ordinance, Article III, Pubi~c Works, south 'bf~.~ derson & Smith, east by Gardiner, Dean & Smith; County Tax Map Item No. 1000-31-8-1. ~:~i5 p.m. Application of ~.~atie J. Dexter, Park Avenue, ~ ~-l~ttituck, NY (by Gary l~la~ner .Olsen, Esq.) for a ~.~Variance for approval of f~'ccess, N.Y. Town Law, [ [-S-ecii°n 280-A. Location of ~ '~30/)erty:m'-- South side of Park [ ded north by Park Ave- '~-'/~; West by HOlman, south by il~'at. Peconic Bay, east by ~J~isn; County Tax Map . Iltem No. 1000-123-7,9. ~'-gi'gg P.m. ApPiicati°n of Katie J. Dexter, Park Ave- nue, MattituCk, NY (by Gary Fianner Olsen, Esq.) for a Variance to the Zoning Ordin- ance. Article III, Section 100-31 for approval of insuf- ficient area. Location of pro- perty: North side of Park Avenue, Mattituck; bounded north and west by Chase, south by Park Avenue, east by Sark Equities, Inc.; County Tax Map Item No. 1000-123- 9:15 p.m. Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100-32A for permission to construct tower exceeding height limitations. Location of property: 855 Eugene's Road, Cutchogue; bounded north by Zabriski, west by Ward, south by Eugene's Road, east by Erickson; County Tax Map Item No. 1000-97-2-18. 9:30 p.m. Application of Francis J. Murphy, Box 84, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of portico with an insufficient frontyard setback. Location of property: 870£' Main Road, Laurel, NY; bounded north by Main Road, west by Rodden, south by Murphy & Old Main Road, east by Old Main Road; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T, 8/21/80 (17) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISI_AND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk County; ~qnd that the notice of which the annexed is a printed copy, r. os been published in said Long. Island Traveler-Watch- man once each week for ........... ~ ........................... wee~ successively, commencing on the ....~. .................................. Sworn to before me this ....~. ................. ~1¥ ot Notary Public NOTICE OF PUBLIC HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeal. s of the Town of Southold, at Town Hall, Main Road, Southold, New York, on Thursday, August 28, 1980: and~ith; County ':Fax' Map * Item No. 1~. ~;_19 p~.m. Application of Katie 3. Dexter (by Gary ~.nn'er Olsen, Esq.), Park ,.Ayepu.e, Mattituck, NY 11952, · for a ~ariance for approval of '~c'~e~';17N.~r, T°~ L~w, Sec5 ~fi 280'A. LOcation of proper- ty: South side of Park Avenue i',~l~attitack; bounded north by park Avenue, west by Hol~ [ man, south by Great Peconic I?ay, east by Sarkisiaa; Coua- t~ltY._Tax Map Item No. 1000- 1"123.7,9. 9:20 p.m. Application of Katie J. Dexter (by Gary Flanner Olsen, Esq.), Park Avenue, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of in- sufficient ai:ea. Location of property: North side of Park Avenue, Mattituck; bounded north by Chase, west by Chase, .south by Park Avenue, east bY Sark Equities, Inc.; E.~ County Tax Map Item No. 1000-1234:6. r~ 9:30 p.m. Application of Charles J. Witherspoon, Sun- set Lane, Southold; NY for a Variance to: (a) Zoning Ordin- ance, Article III, Section 100- 31 for approval of insufficient area and width; (b) N.Y. Town Law, Section 280-A for ap- proval of access. Location of property: Sunset Path, South- old; bounded north by Burns, west by L.I. Sound, south by Offenheiser, east by Sunset Path; County Tax Map Item No. 100Q-54-4-33. 9:45 p.m. Application of George Ahlers, 855 Eugene's Road, Cutchogue, NY 11935, for a Variance to the Zoning 1 Ordinance, Article III, Section ; 100-32A for permission to con- struct tower exceeding height limitations. Location of proper- ty: 855 Eugene's Road, Cutch- :. ogue; bounded north by Zab- riski, west by Ward, south by t Eugene's Road, east by Erick- son; County Tax Map Item No. 1000-97-2-18. 10:00 p.m. Application of Francis J. Murphy, Box 84, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of portico with an insufficient frontyard setback. Location of property: 8700 Main Road, Laurel; bounded north by Main Road, west by Rodden, south by Murphy and Old Main Road, east by Old Main Road; County Tax Map Item No. 1000-127-7-6.2. Dated: August 14, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 8/21/80 (1) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed crt 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 ~$?~;~ ~ ~tj"; t~uccessively, cornmenci _rig on the ...... ..~....  rtm. this ........................ day ut ..................... 19.~...... NO, $ .~ '~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date .. ., ~.~ ~?.~ ~.~ ........ ~xt~..TC~/c ~.'¥ / / ~:z~ I ~ / PLEASE TAKE NOTICE that your application dated .................................................... , 19 ........ for permit to ~ ........................................at the premises located at ...~L.~.~ .............. 6..~.~. ................... Street ' I Map .................................... Block ............................................ ~ot ................................................ is returned herew,th and dlsappr~d on the follow, ng grounds ........................ ~ ................................ Building Inspector PI TO ,D HENRY E. RAYNOR. Jr.. Chairmsn FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKL Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 August 28, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board has reviewed your referral in the matter of the approval of access for Katie J~ Dexter. The layout appears to be in accordance with Planning Board standards as lots meet the minimum standards with regard to width and area. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOW~NING BOARD By M~h~i~l Tolman, Secretary Planning Board O -2- Augu~ 29, 1980 . On motion made by Mr. Orlowski, seconded by M~r. Latham, ~t was RESOLVED to approve the sketch map of the minor subdivision of Thomas V. & Edith M. Perillo located at Laurel, said map dated July 14, 1980. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham On motion made by Mr. Orlowski, seconded by Mr. L~tham, it was RESOLVED to set 7:30 p.m., Monday, September 22, 1980, at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of property of Thomas V. & Edith M. Perillo located at Laurel. Vote of the Board: Ayes: Razor, Gordon, 0rlowski, Lath~ The members present reviewed the open development area granted by resolution of the Town Board in 1958 to Fishers Island Estates. The Board will meet at 2:00 in the afternnon with Jansen Noyes, President of Fidco. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED to recommend to the Southold Town Board approval of the petition of John J. Miesner, Jr., requesting a change of zone from "A" Residential and Agricultural District to "B-l" General Business District on property located at Cutchogue, New York. Vote of the Board: Ayes: Raynor, Orlowski, Latham, Gordon ~illiam C. Mercurio a~d others referral from the Zoning Board of Appeals. The further division of this property is not in accordance with the standards the Planning Board would be considering. The property was subdivided in 1976 without approval from the Planning Board. Katie J. Dexter referral from the Zoning Board of Appeals regarding approval of access. The layout appears to be in accordance with Planning Board standards as lots meet the minimum standards with regard to width and area. Katie J. Dexter referral from the Zoning Board of Appeals for lots of insufficient area. Because the reduction in the lot area is within ten percent of that required by the Code of the Town of Southold Bulk and Parking schedule, the Board would look favorably on this division. qOWN OF SOUTHOLD, NEW YORK~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ,a'~7~7 D^T,: ......... Nome of Appellant Street and Number .......... M~tXtagk ................................................................ Municipality ..~e.~..Y. ork ...... HEREBY APPEAL TO 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 {rig.. nu~b.e~. ).. l~z~k. ~,.v.e n- e ............ ~J~£tac,k ............. ~w...Yoz'.k .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY SouGh side of Park Avenue A-Residential].Agricul~ural Street I1~ District on 'Zoning Map District 1000; Section 123; ]~Dck Ti Parcel 9 Als.o.~ho.w~x.a.$..Lo.t..7.,...]~rt.of.L~aL.8,...Map of Maratooka Park, Map No. 450. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~s~l (has not) been 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 is requested for the reason that laorrn Z~l (Continue on other side) REASON FOR APPEAL O Continued 1[ STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant is the owner of bay front property containing a total of 2, 668 acres. Applicant seeks to divide the subject premises into two parcels with Parcel 1 having frontgage on Park Avenue of 171 feet and an area of approximately 47, 400 square feet. Parcel 2 ~ould have no frontage on a public rOad but would have the right to cross over a strip 25 feet wide over Parcel 1 to obtain access to Park Avenue and would have a total area of approximately 68, 700. square feet. 2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate vicinity of this property and in this use district because the lots to be created wouId meet and in fact e:~ceed the area requirements. However, Parcel 2 requires an Access Variance under Section 280 A of the TownLaw. There is presently a residence on Parcel 1 and another residence on Parcel 2. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots to be created are generally in keeping with the size and shape of other parcels in the community. STATE OF NEW YORK ) ) COUNTY OF SUP~'OT'K) ss Gary Flanner Olsen, Esq. Sworn to this ............. .2..9..t.,h. ......................... doy of ....... Jify. ........................................ 19 80 NotoryO~ublic CHERIE LYNN RUSSELL NOTARy PUBLIC, State of New Yorl~ ,~ll~on .Exp,res March 30, 0 Southold Town Board of Appeals SnUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBC,qT W. C~LL:C?IE, JP.., CHARLES GRIGONIS, JR.t ch airmaTt SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer August 5, 1980 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road $outhold, NY 11971 Re: Appeal No. 2727 - Application of Katie J. Dexter Location of Property: South Side of Park Ave, Matt. Dear Henry: The subject variance application requesting approval of access has been recently filed with our department. Inasmuch as the subdivision proposed will require approvals from your Board (and the right-of-way being within the subdivision), we request: (a) whether or not the proposed layout appears to be in accordance with the standards you would be consi- ering; (b) that you submit your comments as early as possible. Sincerely yours, CG:lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN 0 0 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2727. Application of Katie J. Dexter, by Gary Flanner Olsen, Esq., Main Road, Box 38, Mattituck, NY 11952. Location of Projec__t: 1000-123-7-9. SOuth side of Park Avenue, Mattituck. Permission Requested: Section 280-A. Approval of access, N.Y. Town Law, Date of Public Hearing: August 28, 1980 at 8:45 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, &other documents as may De required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, $outhold, New York 11971; tel. (516) 765-1809. Dated: Copies to: August 14, 1980. Applicant's attorney. Town Clerk Bulletin Board Supervisor's Office County Planning Commission K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 August 4, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2727, application of Katie J. Dexter for a variance. Also attached is short environmental assess- ment form, Notice of Disapproval from the Building Department and Notice to the following neighbors: Bud G. Holman, Isabelle F. Sarkistian. O O GARY FLaNNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUC~. LONO ISLAND~ NEW YORK 11952 · PHONE 516 298'4844 July 31, 1980 Re: Minor Subdivision (2) Katie J. Dexter File # 2 811 Gentlemen: Enclosed please find the following: 1. Variance Application for Katie J. Dexter for property located on the North side of Park Avenue, Mattituck, New York. 2. Variance Application for Katie J. Dexter for property located on the South side of Park Avenue, Mattituck, New York. Six (6) copies of each Map. 3. S.h. ort Form Environmental Assessment Fo. rm St~ 4. Filing Fee of $30.00 i.e. ,15.00 6.5' Notice to adjoxnmg-- land owners, per Appheati~.// //~ Very truly~ours, ~/ GFO/cl~ ~ Encs. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 TOWN OF sOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FOR~ iNSTRUCTiONS: -- (a) in' order to answer the questions in this short EAF that the preparer wil! use currently available information project and the likely impacts of the action, it is not additional studies, research or other investigations will be (b) if any question has been answered Yes the proj significant and a completed Envlronmenta] Assessment Form ~s (c) If ail questions have been answered No it is likely project is not signif£cant. (d) Env£ronmenta] Assessment ]. ~il~ pro)ect result in a large physical change to the project site or physically alter more than ]0 acres of land? '' Yes~ No 2. Will there be a major change to any unique o~ '. unusual ~and form found on the site? ....... 3. Wi]] project alter or have a large effect on existing body of water? ................. 4. ~l]] project have a potentially ~arge iml . . on groundwater quality? ..................... 5. Wi]] project significantly effect drainage flow on adjacent sites? ................. 6 Wi]] project affect any threatened or endangered plant or animal species? ..... 7. il] project result in o major odver . on air quality? ..................... 8. W~l] project have a ma~or effect on character of the community or scenic views vistas known to be ~mportant to the commune* ~. W£11 project adversely impact any site structure of historic, prehistoric or paleontological importance or any site designated as a critical environmentaJ by a local agency? ............. ~ ....... ]0. ~i]] project have a major effect on e~ or future recreational opportun~t~es?..- l~. ~i~] project ~esu~t in major traffic J or cause a major effect to existing t~ansportation systems? ....... . ....::'' ]2. W~l] project regularly cause objectionable odors, noise, glare, vibration, or e~e~ disturbance as a result of the proJect~s ]3 W~l] project h e n ct o Yes~ No or safety? ......................... ]4. Wi~] project affect the existing community by d~rect]y causing a growth In permanent population of more than 5 percent over a one year period or have a major nega¢ive effect the community on the characte~e~f or neigh ~ .... r t · ' · ~borhood? /_..t ..................... .......... Is there pub (ic coJntroversy concerning h ,. , ...... , ................ .. ' . ~'"'~'~'-' ~ ,-~ ~'- - ~ · DATE BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of KA TIE,U. DEXTER to the Board of Appeals of the Town of $outho~d TO: Bud G. Holman Isabelle F. Sarkistian NOTICE YOU ARE HEREBY GIVEN NOTICE: 1; That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Jtl~J--~I~I~:L~Ji~igJ~~:o~i~(the following relief: Access Yariance under Section 280 A, S~absection $ Town Law ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Nn~'~h by Pn~'k Avenue: East by Sark Eauities: South by Peconic Bay; We~t by Rud ~. T-Tolrnan 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural / R es id e ntial 4. That by such Petition, the undersigned will request the following relief: .~¢ce$s Variance under Section 280 A Town Law 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: N / A 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 may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must befl~q~l~ the matter by the Board of Appeals; that a notice of such hearing must be published at least fivefl~ys prim] to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watc~tnan, new, pap.ers published in the Town of Southold and designated for the publication of such notices; that )/ou or you/re]~/esentative have the right to appear and be heard at such hearing. ~/.,// //// Katie J. Dated: .Tulv 29. 1980. · ~ · J.~r:e~///~ / Post Office Address P.O. Box 88. Main ~oad M~ttituek. New yo~k 11052 NAM~ PROOFOFMAILING OFNOTICF ADDRESS Bud G. Holman 60 Sutton Place Sou th New York, New York 10000 Isabelle F. Sarkistian RECEIPT FOR CERTIFIED MAIL / P.O., STATE AND ZIP CODE New York, New York 10000 OPT ONAL SERVICES FOR ADDITIONAL FEES I RETURN 1. Shows to whom~te delivered .......... ' ' RECE,PT SERVICES r With restricted deliver~ . R~SE~I~ALCT~vEE~yVE(~eYxtro fee require') % Gould-Meseraau Co. th Street New ~gork t POSTMARK SENT TO OR DATE Bud G. Holman STREET AND NO. · PS Form NO INSURANCE COVERAGE PROVIDED-- (See Jan. 19763800 NOT FOR INTERNATIONAL MAIL RECEIPT FOR CERTIFIED MAIL SENT TO POSTMARK Iaabelle F. SarkiStian % Gould- ORDATE STREET AND NO. Mesereau Co. 35 Vge~ 44th ~tree~ P.O., STATE AND ZIP CODE ~thlo~W York RE~URN I~ [ Shows to w~orn-i~d date delivered .......... With restricted delivery . RECEIPT 2. Shows to whom, date and wh~re de ver~ SERVICES With restricted delivery .. -RiSTRICTED ~'~__ SPECIAL DELIVERY (extra fee required) ......................... " PS Form NO INSURANCE COVERAGE PROVIDED-- ;~.e?~ sMe) Jan'19763800 NOT FOR INTERNATIONAL MAIL ~-am: ]9~s-0-591-452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: rhe~-ie T,ynn Russell , residing at (no number) Bergen Avenue M'attituck. NT , being duly sworn, deposes and says that on the _~ day of -T-ly ,19 80 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each DE,he above,named persons at the addresses set opposite their respective names; that the addresses set opposite the ~Ames 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- ; that said Notices were mailed to each of said persons by rice at Mattituck, Newark Sworn to before ~ ~/his 2~th/ day of .Tuly /./ ~80 ~-- Not ~ Public / Cherie Lynn Russell GARY FL~NNER O[SEN Notar/ Pubhc, State of New Yor~. No. 52-2959600 Qualified in Suifolk County Te~m Expires ~ 30, MATCH NO, SEE SEC NO SEE MATCH SEE SEC. NO, I3'4 p[C ,1 _/