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TO~N OF SOUTHOLD, NEW YORK
ACTION OF 'r~lE ZONLNG BOARD OF APPEALS
AppealNo. 2728. Application Dated August 4, 1980
ACTION OF TI{E ZONING BOARD OF APPEALS OF ~ TOV~N OF SOUTHOLD
To Gary Flanner Olsen, Esq.
attorney for applicant
Box 38, Main Road, Mattituck, NY 11952
...!.o./...8.Z ,8..o
AppeLant
at a meeting of the Zoning Board of Appeals on
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
~()~ Request for a variance to the Zoning Ordinance Art I I I ,
( )
September 25, 1980, the appeal
Sec. ]00-3]
1. ~:I~[XEX~q~FIO~yX~Fut~X~fX~<B~d~X~av~XSe~~~ption ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decislon of the Building Inspector ( ) be reversed ( ) be
xa~m~r~X~e Appl ication of
Katie J. Dexter, Park Avenue, Mattituck, NY (by Gary Flanner
Olsen, Esq.) for a Variance to the Zoning ~QF, dinance~ Article
III, Section 100-31 for approval of ins~f'fi~'e'nt 'h~e~'. Lo'ca-
tion of property: North side of Park Avenue, Matti,~uck, NY;
bounded north and west by Chase; south by Par'k Avenue; east
by Sark Equities, Inc; County Tax Map Item No. 1000-123-1-6.
(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
(SEE REVERSE SIDE)
difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the fmmediate 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) (would not)
change the character of the district because .
(SEE REVERSE SIDE)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
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
approving the insufficient area of two proposed parcels,
zoned residential-agricultural, to wit, 37,500 square feet
each and having 150 foot road frontage.
The Board finds and determines that the relief requested
in relation to the Code requirements is not substantial;
that if the variance is granted no substantial detriment to
adjoining properties will be created; that the interests of
justice will be served by granting the relief requested;
that no adverse effect is produced on available governmental
facilities of any increased population; that no substantial
change will be produced in the character of the neighborhood
On motion by Mr. Grig6nis, seconded by Mr. Doyen, it was
RESOLVED, that Katie J. Dexter, Park Avenue, Mattituck,
NY (by Gary Flanner Olsen, Esq.) be granted a variance to the
zoning ordinance, Article III, Section 100-31 approving the
insufficient area of 37,500 square feet, as applied for, and
subject to applicant's obtaining approval from the Southold
Town Planning Board for the subject minor subdivision.
Location of property: North side of Park Avenue, Matti-
tuck,.NY; bounded north and west by Chase; south by Park
Avenue; east by Sark Equities, Inc.; County Tax Map Item
No. 1000-123-1-6.
Vote of the Board:
Goehringer and Sawicki.
Ayes: Messrs. Grigonis, Doyen, Douglass,
APPROVED
- Cbai~'man Bom'd ~Appeal~'
RECEIVED AND FILED BY
T~iE SOUIHOLD TOWN CLEBK
DATE/0/~/~ HOUR/Z)
Town Clerk, To~ of ~hold
0 0
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, 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.
8:55 p.m. Applica~iqn.of Katie J. Dexter~ Park Avenue~ M~tti-
tuck, NY (by Gary Flanner Olsen, Esq.) for a Variance to th~
Zoninq Ordinanc~.~..A~_i~g!~.~_e_q~_~O~ 100-31 for ~pproval of
~n~mn~ ~r~ I~ocation of property: 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. 1000-123-1-6.
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 OF
PUBLIC HEARINGS
Pursuant to Seciion 267 of
the Town Law and the Pro-
visions of the Amended' Code
of the Town of Southold, the
Bay, east by Sarkisian; Coun-
ty Tax Mab Item No. 1000-
123-7-9.
9:20 .m. A 'Etlon ot
Katie J ' ar
Katie J.
Flanner Olsen, Esq?), Park
for a y~i~.nce to the Zoning
Drdinance, Article iii, Section
sufficient area. Lobatiofi O[
propert}': North side o~ Park
north~.~_~_~_hase, west by
e~st by S~_a~k~... Eqqities, ln_c..
County Tax Map Item No.
1~-123-1-6.
'~; Application of
Charles J. Withersp~n, Sun-
set Lane, Southold; NY for a
Variance to: (a) ~ning Ordin-
ance, A~icle ltl Se~ion 1~-
31 for approval of insu~eient
area and width; (b) N.Y. Town
Law, Se~ion 2~-A for ap-
proval of a~ess. ~cation of
S~set Path, ~uth-
prope~y:
old: boundeI~ north by Burns,
west by L.I~ Sound. south by
Offenheiser, east by Sunset
Path: County Tax Map Item
No. 10~-54-4-33.
9:45 p.m. Application of
George Ahters, 855 Eugene's
Road, Cutchogue, NY 11935,
for a Variance to the ~ning
Ordinance, A~icle IIL Se~ion
1~-32A for permission to con-
stru~ tower exceeding height
limitations. ~cation of proper-
ty: ~5 Eugene's Road, Cutch-
ogue: ~unded no~h by Zab-
rlski, west by Ward, south by
Eugene's Road, east by Erick-
son; County Tax Map Item No.
10:~ p.m. Application of
Francis J. Murphy, Box ~,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, A~icle VII, Se~ion
1~-71 for approval of the
~nstru~ion of ~i~ with an
insu~cient ~ontyard 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. 1~-127-7-6.2.
Dated: August 14, 19~
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
'I
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 -C. outhold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
rES been published in said Long Island Traveler-Watch-
man once each week for ........... J ........................... weeks
successively, commencing on the ..~t~ ..................................
Sworn to before me ,'his ....~f/ ............. day
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
ac-etlon Z~,~t-'~-~oeatToff -0-t~ '
prope~y: South side of Park
Avenue, Mattituck, NY;
bounded no~h by Park Ave-
nue, west by Holman, south by
Great Peconic Bay, east by
Sarkisian; Co~ty Tax Map
Item No. 1~-123-7-9.
~5~ ~.m. Application of
~afi~.~: Dexter, Park Ave-
nue, Mattituck, NY (by Ga~
'Planner Olsen, Esq.) for a
variance to the Zoning Ordin-
'~icle 1II, Section
1~-31 for approval of insuf-
~[~ ar~a. Location of pro~
~rty: North side of Part
A~enue, Ma~ituck; bounded
n0~h and west by Chase,
south by Park Avenue, east by
5ark Equities, Inc.; County
Tax Map Item No. 1~0-123-
9:15 p.m. Application of
George Ahlers, 855 Eugene's
Road, Cutchogue, NY for a
Variance to the Zoning Ordin-
ance, Article Ill, Section
100-32A for permission to
construct tower exceeding
height limitations. Location of
prope~y: 855 Eugene's Road,
Cutchogue; bounded no~h by
Zabdski, west by Ward, south
by Eugene's Road, east by
Erickson; County Tax Map/
Item No. 10~-97-2-18.
9:30 p.m. Application of
Francis J. Mushy, Box ~,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, A~icle VII, Section
1~-71 for approval of the
construction of po~ico with an
insu~cient frontyard setback.
Location of property: 870~
Main Road, Laurel, NY;
bounded no~h by Main Road,
west by Rodden, south by
Murphy & Old Main Road,
east by Old Main Road;
County Tax Map ltem No.
1~-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
Potricio Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVFLER-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 Lanai Island Tr~veler-Watch-
!
man once each week for .......... ~.. ............................ weekz
successively, commencing on the ....~.. ..................................
Sworn to before me. th~ ........................ clOy
or
.............. Notary ~a~blie ~
NOTICE O!~
PUBLIC HEARINGS
Pursuant to Sectio. 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, 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,
1960:
7:35 p.m. Application of
Harry O. Hurlhert, Jr., 7014
Sheaff Lane, Ft. Washington,
PA 19034, for a Variance to the
Zoning Ordinance, Article III,
Sections 100-30C and 100-32 for
permission to establish guest/
play house, an additional
dwelling use, on a single par-
cel. Location of property: Pri-
vate Road, Fishers Island,
NY; bounded north by Walk-
er, west by Spofford, south by
Private Road, east by Private
Road 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, Southold, NY;
bounded north by Jockey
Creek, west by Dyer, south by
Norris, east by Shecter; Coun-
ty Tax Map Item No. 1000-70-
6-16.
0:00 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 Pngsley & Grath-
wohl, west by Martin, south by
Wetzel, Pugsley and Grath-
wold, 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
Road, Mattituck, NY, for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for permission to construct
addition to dwelling with insuf-
ficient sideyard setback. Lo-
cation of property: 1850 Albo
Drive, Laurel, NY; bounded
northwest by Wells Road,
southwest by Alhe Drive,
southeast by Bray Ave. and
Butterfield, northeast by Rob-
son; County Tax Map Item
No. 1000-126-8-12.
0:30 p.m. Application of Er-
nest G. Radford, 8220 Main
Road, East Marion,~ ~ 11939
Law, Section 280-A for ap-
proval of access. Location of
property: South side of Main
Road, East '{arioa.
west'by Con. ,sioner of Pub-
lic Works, 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,
Mattituck, NY (by Gary Flan-
ncr Olsen, Esq.t for a Vari-
ance for approval of access,
N.Y. Town Law, Section 280-A.
Location of property: South
ty Tax Map Item No. 1000.123.
7-9.
- 8:55 p.m/ Aoplication o~
~'Rati6 J. Dexter, ISark Avenue
?Mattituck, NY (by Gary Fla6
~.e_r Qlsen, Esq.) for a Vari.
~p~e to the Zoning Ordinanc~
~Article III, Section 100-31
_approval of insufficient area
Location of property: Nortt
,side "6f Park Avenue, Matti
Auck; bounded north and wes~
.by Chase, south by Park Ave
hue, east by Sark Equities
~.~!c.; County Tax Map Iterr
N0. 1000-123-1-6.
INTY OF SUFFOLK, ]
~ ss:
LTE OF NEW YORK, j
Variance to the Zoning Ordi-
nance, Article III, Section 100-
32A for permission to con-
struct tower exceeding height
limitations. Location of pro-
perry: 8.55 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 ~4,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Sec-
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, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TA21-3503
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
No. 470787J, Suffolk Csunty
Term Expires March 30, 19.~/
side of Park Avenue, Matti-
tuck, NY; bounded north by J0J. N ~USTAV$ON
Park Avenue, w~st by Hol .................................... being duly Sworu.
man, south by Great Peconic SH~
Bay, east by Sarkisian; Court- S that ........ is Frinter und Publisher o! the SUFFOLK
:EKLY TIMES, a newspaper published at Greenport, in said
nty; and that the n. otic~, of which the annexed is a printed
~y, has been published in the said Suffolk Weekly Times
in each week, for . ...0.I~..~ ............. weeks
ossively commencing on tt~e ~ B~
AUGUST 19 80
~rn to before me this .2~l~t .....
- 9:15 p.m. Application of
George Alders, 855 Eugene's y of .. ,~I~.U.~ ......... Iii..8Q I .
Ro d, Cutchogue, NY for a
FORM NO. ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................. Date 4UL~'( ~ 19~:~
PLEASE TAKE NOTICE that your application dated .................................................... ,
for permit to c.~m:~t~--~... ..................................... at the premises located at ....................................
~/~A~ ..~ D st
................................................................ (/~-- feet
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the follow;ng grounds ......... ./..,/~,.~....U....F...~..[..~....E....,/~...,~. .............
)
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS~ TOWN :0F SOUTHOLD,' N. Y.
APPEAL NO. ,~ 7,,~/
.......
Name of Appellant Street and Number
....... ]S~&t, tit;I,L¢.k ................................................................... ~.~...~.9.~ ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Katie J. Dexter
Name of Applicant for permit
of ,.~.n.o...n..u...m...b..e...r.}.....l~..rk Avenue~ ..M..attituck, New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
VARIANCE
1. LOCATION OF THE PROPERTY
Street Use District on Zoning Map
D~ m[c.t..~.~.0.0.;$.~.c ~ica .~ ~.~L]~,~.cl~ .l L ~.-.~r.c. el 6
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.)
Article III Section 100-31 and Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(x) 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. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZBI
(Continue on other ~ide)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
so~/HARDSHIP becau~ Applicant seeks to divide the subject premises containing a
total area of 1. 722 acres into two parcels, each containing 37~ 500 square feet.
Each parcel _would hav~ fr°n..tage on Park Avenue of 150 square feet.
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 each parcel to be created would con-
.tain ,37, 500..square fee.t rather than 40.000 square feet.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because parcels to be created would be generally in keep-
ing with the size and shape of parcels in the neighborhood and would meet all of the
Town requirements other than being slightly under the required 40, 000 square feet,
i.e. each parcel would be 37, 500 square feet.
STATE OF NEW YORK )
) ss
COUNTY 9F SUFFOLK)
Sworn to this .............. ,~,~.,.~.,,. ....................
day of....~ul~ ........................................... 19 80
CNERIE LYWN RURsEI. L
NOTARy PURL C, State of New York
CommiSSion E. xp~re$ A{arc{~ 30, 19~.~
GA~Y FLANNER OL$£N
COUNSELLOR AT 1AW
P. O. 80X 38 · MAIN ROAD · MATTITUCK, LONG 15LAND, NEW YORK 119§2 · PHONE 5~6 298'~844
September 19, 1980
Re: Katie J. Dexter Subdivision
Parcel situate North side of
Park Avenue, Mattituck
Gentlemen:
Please let this confirm that you have reserved decision on the application of
Katie Dexter to divide premises located on the northerly side/o~k Avenue.
In the event a negative decision is to be rendered, I would~i~e an opportunity
to be further heard on this application before a final detepmination/is rendered.
Very truly y ,/
GFO~ra
Southold Town Zoning Board of Appeals
Town Hall - Main Road
Southold, New York 11971
HENRY E. RAYNOR, Jr.. Chalrma.
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
TO D
SLaY
5outhold, 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 insufficient area of property of Katie J. Dexter.
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.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
~~SOUTHOLD T0~LANNING BOARD
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119T1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
ReB[DT W. C'. LLISPIC., J,~.. C', ',A :,~;.~AN
CHARLES GRIGONIS, JR,t Chairman
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
Southold, NY 11971
Re: Appeal No. 2728 - Application of Katie J. Dexter
Location of Property: North Side of Park Avenue, Matt.
Dear Henry:
The subject variance application requesting approval of
insufficient area of two proposed parcels has been recently
filed with our department.
Inasmuch as the subdivision proposed will require
approvals from your Board, we request:
(a) whether or not the proposed layout appears to be
in accordance with the standards you would be considering;
(b) that you submit your comments as early as possible.
Sincerely yours,
CG:lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD p. GOEHRIRGER
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. 2728. Application of Katie J. Dexter, by
Gary Flanner Olsen, Esq., Main Road, Box 38, Mattituck, NY 11~52.
Location of Project:
1000-123-1-6.
North side of Park Avenue, Mattituck.
Permission Requested: Approval of insufficient area of two
proposed parcels, Art. III, Section 100-31.
Date of Public Hearing: August 28, 1980 at 8:55 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 be required.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated-.
Copies to:
August 14, 1980.
Applicant's attorney.
Town Clerk Bulletin Board.
Supervisor's Office.
O
JUDITH T. TERRY
TOW~ CLERK
I~EGISTRAR 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. 2728, application of Katie J.
Dexter for a variance. Also attached is short environmental assess-
ment form and notice to the following adjoining property owners:
Bud G. Holman and Sark Equities.
TOWN OF sOUTHOLD
SHORT ENVIRONUENTAL ASSESSUENT FOR~
INSTRUCTIONS:
- (a) In order to answer the questions in this short EAF it is assumed
that the preparer wilI use currently avaiIabIe information concerning the
It is not expected that
project and the IikeIy impacts of the action.
additionaI 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 aiI questions have been answered No it is likely that this
project is not s£gni~icant.
(d) E~-~ronmental Assessment
I. Will project ~esult 'in a la~ge physical change
~o ~he p~oject site o~ physically al~e~ mo~e
2. Will ~he~e be a majo~ change to
unusual land fo~m found on ~he si~e? .......... Yes~No
3. ~iI1 project alter or have a large e~fect on
ex~st~ng body of water?.. . ...... ,,.Y~s~,,No
4. ~I1 pro,eot have a potentially ~a~ge ~mpac~
li~y? ... Yes X No
on groundwater qua .................... ' "'
fly effec~ drainage
5. ~lI project s~gn~f~can ~e
flow on adjacent s~tes? ...... '''' s ,No
6. W~iI project a~fect any threatened or Yes
endangered plan~ or an~mal specges? ........... ~ ,,
7. W~II pro2ec~ resuit ~n a ma~or adverse ef~e?t
...... ~... ,Yes ~. No
on a~r qualzty? ......................
8. W~ll pro2ect have a major effect on v~sua~
character of the community or scenic v~ews o~
vistas known to be ~mportant to the commun~YT ....
9.W~ll project adversely ~mpact any s~te or
structure of h~stot~c, prehistoric or
paleontological ~mpo~tance or any
designated as a cr~t~caI environmental, area
by a local agency? ............ ~';'' ......
10. ~ll project have a major e~fect on ex~st~ng
or ~uture tecreat~onaI opportunities? ......... ,,,~es ~, No
11. Will projec~ result in major traffic problems
~onspo~o~ion sys~ems? ................. ·
12. Will p~ojec~ ~egulo~ly cause objectionable
odo~s, noise, glare, vibro~ion~ o~ elec~ic~l
disturbance as a result o~ the proJ
operation?
13 Will projec[ have any impact on public health
. Yes ~ No
....
'n ~ro~h in permonen~
directly ~ousz ~ o
populo~i~n ~f mare {hon ~ per~en$ ~ver o on~
year period or have a major negative effec{
community or
on the chara~the ...... Yes~ No
,, g bo ood ..... ..... ....
'TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. 'Y.
APPEAL NO. ~ ]7~, ~
DATE ..... ~.....~. .............
Name of Appellant Street and Number
Municipality
~.~...Y..9~"..~ ........ 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)
I~tie J. Dexter
Name of Applicant for permit
of .......... ............. .............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
VARIANCE
LOCATION OF THE PROPERTY
Street Use District on Zoning Mop
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.)
Article III Section 100-31 and Bulk Schedule
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. ~6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal '!t',~(has 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
is requested for the reason that
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would prOduce practical difficulties or unneces-
sary HARDSHIP because Applicant seeks to divide the subject premises containing a
total area of 1. 722 acres into two parcels, each containing 37, 500 square feet.
Each parcel would have frontage on Park Avenue of 150 square feet.
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 each parcel to be created would con-
rain 37, 500. square feet rather than 40, 000 square feet.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because parcels to be created would be generally in keep-
lng with the size and shape of parcels in the neighborhood and would meet all of the
Town requirements other than being slightly under the required 40, 000 square feet,
i.e. each parcel would be 37, 500 square feet.
STATE OF NEW ~ORK )
COUNTY OF SU'FFOLK)
SS
Katie J.~ Dexter
By:
Signature
Gary Flanner Olsen, Esq.
Sworn to this ......................... ..~.....~. ............ day of....,~ul~ ........................................... 19 80
Notary Public
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
KATIE J. DEXTER
to the Board of Appeals of the Town of Southold
TO: Bud G. Holman
Sark Equities
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) ]~l~e~i~J~L~'~Xthe following relief: Area Variance
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Bud G. Hotman: East by Sark Equities; South by Park Avenue:
West by Holman;
3. That the property which is the subject of such Petition is located in the following zoning district:
A gricu!tur=-! / ~e_oiden ti=_! ~,.
4. That by such Petition, the undersigned will request the following relief: Applicant seeks to
divide property into two I2) parcels, each requiring an Area Variance
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 and Bulk Schedule
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 h d~onthe~atter by the
Board of Appeals; that a notice of such hearing must be published at least five da)~ prior to thp date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchrn/n, ne,wspape~s published in the
Town of Southold and designated for the publication of such notices; that yoL]'or yJ~r r,epr~entative have the
right to appear and be heard at such hearing. /
Katie J. Dex~ite/~ [
Dated: .T,,ly ~..q: 1~80 . By: ~~_..~
Post Office Address
Mattituck, New York 11952
PROOF OF MAILING OF NOTICE
NAME
Bud G. Holman
ADDRESS
60 Sutton Place South
New York, New York
10000
Sark Equities
RECEIPT FOR CERTIFIED MAIL
Gould - Mesereau Co.
wo~t 44th Street
I POSTMARR
I;na~lle F. Sarkistian % Gould-
STREEf AND NO Mesereau
35 West 44th Street
new ,u,
PS Form 3800 NO INSURANCE COVERAGE
~an.~976 NO~ FOR INTERNATIONAL
RECEIPT FOR CERTIFIED MAIL
Bud Go Holman
OD 60 Sutton Place Sou/b-
h--. New York, New York 10000
POSTMAR#
OR OAT[
Z PS Fearn 3800 NO INSURANCE COVERAGE PROVIDED-- (See other
Jan, 1976 ~lOT FOR iNTERNATIONAL MAIL
Cherle Lynn Russell , residing at (no number) Bergen Avenue.
NTattituck, NY . being duly sworn, deposes and says that on the 29th day
of .Tuly ,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 see 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at Mattituck_. New York
(certified) (~gta;~a~a~gmail.
; that said Notices were mailed to each of said persons by
Sworn to befor/.
day of~
~g~ ,~ 29th
Public
Qu~lLfled in Suffolk
Cherie Lynn RuSsell
SEE SEC NO 1~5
SEE SEC NO 5
6
SEE SEC. NO.
P
EcON
I c
t~.O
SION
IYI~ T TTT'LI~ ~
TOWN o~ .~OUTt-IOL.D, N.Y.
- 0
/O~,CrttoN ~t'~P