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Home My WebLink About2747 TOVVN OF SOUTHOLD, NEW YOI~ ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2 7 4 7 Application Da~d September 19, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF~-IETOVfNOFSOUTHOLO To Mr. Char]es S. DeVoe for Mr. Yasar Gucer, applicant, 3630 Orchard Street Orient, NY ]1957 Appellant at a meeting of the Zoning Board of Appeals on 0C t 0 b e r 3 ] , ] 9 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. I I I, Sec. ( ) lO0-31 the appeal 1. S~i~g~i~)~i~i~ffi~r~y*t~4i~xr~e~x~~i~n ( ) be ~a~ed ( ) ~ de~ed pursuant to ~ticle .................... Section .................... S~section .................... para~aph .................... of the ~n~g O~anee and the decision of the Bu~d~g I~pector ( ) be reversed ( ) be co~irmed ~ause Public Hearing held 10/16: Application of Yasar Gucer, by Charles S. DeVoe, 3630 Orchard Street, Orient, New York 11957, for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct dwelling with insufficient sideyards at 45 Osprey Nest Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. (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 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 (SEE REVERSE SIDE) (would not) 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. FORM ZB4 ZONING BOARD OF APPEALS After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct new dwelling with insufficient sideyards, 12.23 feet at the west side and 12.97 feet at the east side, for a total of 25.20 feet. The premises in question contains approximately 11,250 square feet in area, and existing thereon at the southeast corner is a small concrete block pit. Upon researching, it has been found that this parcel is known as Lot No. 1 of Cleaves Point, Section I Subdivision, and has been in single and separate ownership prior to acre zoning (1971). 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 the granting of the relief requested; that no ad- verse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Douglass, seconded by Mr. Goehringer, IT IS RESOLVED, that Yasar Gucer by 9ranted a variance to the zoning ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient sideyards SUBJECT TO THE FOLLOWING CONDITION: That the east sideyard maintain a minimum of 15 feet and the west sideyard maintain a minimum of lO feet. Location of property: 45 Osprey Nest Road, Greenport, New York; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. -Chairman Board of peals r I' CEIVED AND BY Town Clerk, To~vn of Southold Page 2 Legal Notice of Hearings Board of Appeals 10/16/80 Meeti ng Application DeVoe,~O Orchard Street, Ori of ~asar ~uce£, by Charles S. ent, NY 11957, for a Variance the Zoning Ordinance, Art. III, Sec. lO0-31 for permission to construct dwelling with insufficient sideyards. Location of property: 45 Osprey Nesk Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. to 8:25 p.m. Application of John J.. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient frontyards. Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cutchogue, NY; bounded north by south by Smith; east No. 1000-104-5-4. Skunk La. (Bay Ave.); west by Murchek; by Haywaters Drive. County Tax Map Item 8:35 p.m. Lane, Orient, NY III, Sec. lO0-31 two proposed parcels. lage Lane, Orient, NY; south by Norklun; east No. 1000-25-1-14 and Application of Dwight A. Horne, 750 Village for a Variance to the Zoning Ordinance, Art. for approval of insufficient area and width of Location of properties: 750 and 800 Vil- bounded north by DeEastines; west and by Village Lane; County Tax Map Item 15. 8:50 p.m. Application of Harry J. and Lillian A. Baglivi, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Location of properties: Nassau Point Road and W~nneweta Road, Cutchogue; bounded north by Alexander and Golden; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000~111-4-32. LEGAL NOTICE ' OF HEARINGS Pursuant to Section 267 of the Town Law a~d 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, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, October 1.6, 19~0: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11956 for a variance to the Zoning Ordinance, Art. VIH, Sec. 100-S0 for petrols- sion to coustruct detached garage in the froot and/or side yard area. Location of proper- ty: 1640 First Street, New Suffolk, NY; bounded north by Schoolhouse Creek; wust by Tuthill; south by TuthiH; east by Uhl and Cutchogue Harbor; County Tax Map Item No. 1000-117-5-46.3. 7:45 p.m. Application of Gus Dourmas, by William H. Price, Jr., Esq., 82~ Front Street, Grsenport, NY 11944 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permi~iou to construct dwelling with insufficient front and rear yard setbacks. Loca- tion of property: Manhar, set Ave. and Landing Lane, Greenport, NY; bounded north by Manhauset Ave.; west by Pitta$ and Grafas; aouth by Grafas and Mylonas; east by Landing Lane; County Tax Map Item No. 1000-43-4-6. 7:55 p.m. Application of Ec- clus Pridgen, by Horton Con- structioo Co., Kourus Road, Box 21, New Suffolk, NY 11956, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient width of a parcel to be ustab- li~hed in a subdivisioo. Loca- tion of property: South side of GreatPeco- Bay Boulevard, Laurel, NY ,unded north by Great Peconic Bay Boule- vard; easl by A. Cardinale Estate and Catalano; south by Peconic Bay; west by KendeL Smith, Bayuk, Carey and Gan- non. County Tax Map Item No. 1000-12&6-14 and 15. 8:10 p.m. ~plication of Ya- -"~-G~er, bp Charles S. De- _~.'~oe, 3~30 Orchard Street Orient, NY 11957 for a Var- ance to the Zoning Ordinance, --A~rt.-TfI~ See~i ~00-31 for per- --m~sion to construct dwelling with insufficient sideyards. Location of property: 45 Os- prey Nest Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Cen- ter. County Tax Map Item No. 1000-356-38. 8:25 p.m. Application of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insuf- ficient frontyards. Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cut- cbogue, NY; bounded north by Skunk La. (Bay Ave.); west by Murchek; south by Smith; east by Haywaters Drive. County Tax Map Item No. 1000-104-5-4. 8:35 p.m. Application of Dwight A. Home, 750 Village Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for ap- proval of insufficient area and width of two proposed parcels. Location of properties: 750 and 860 Village Lane, Orient, NY; bounded north by DeEas- tines; west and south by Nork- lun; east by Village Lane; County Tax Map Item No. 1000-25-1-14 and 15. 8:50 p.m. Application of Harry J. and Lillian A. Bagli- vi. Nassau Point Road, '.",t- chogue, NY for a Varianc~ the Zoning Ordinance, Art.. Sec. 100-31 for approval ot insufficient area and width of three proposed parcels. Loca- tion of properties: Nassau Point Road and Wunnaweta Road, Culchogue; bounded north by Alexander and Gold- en; west by Wunnaweta Road; south by Horowitz; easl by Nassau Point Road; County Tax Map Item No. 1000-111-4- .32. 9:00 p.m. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 10~, Mattituck, NY 11952, for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32,for permission to construct swim- ming pool in frootyard area. Location of property: 3440 Nassau Point Road, Cut- cbogue; hounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Poinl Road; County Tax Map Item No. 1000-111-4-32. 9:10 p.m. Application of Charles Sidorowicz, 125A Cox Neck Road, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct gar- age in sideyard area. Location of property: 125A Cox Neck Read, Mattituck; bounded northeast by Mattitock Creek; northwest by Mrowicki; south- west by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasso, 1055 Sound- view Avenue, Mattituck, NY for a Variance to the Zon- ing Ordinance, Art. III, Sec. 100-31 for permission to con. struct addition with an insuf- ficient sideyard setback. Lo- cation of property: 1055 Sound- view Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 9:35 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30 for permission to erect an ambu- latory care clinic on residen- tially-zoned property localed at the South side of North Road (C.R. 28; also C.R. 27), Greenport, NY; hounded north by North Road; west by Fen- no; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Section 100-30 for permis- sion to erect an abulatory care clinic on residentially-zooed property located at the south side of North Road (C.R. 28, · also C.R. 27), Grocnport, NY; bounded north by North Road; west by Fenno; south by Fran- sisco; east by Nedeszytko; County Tax Map Item No. 1000-40-3.3.1. Dated: September 25, 19~0. BY ORDER OF THE SOUTHOLD TOWN BOARD OF' APPEALS 1TO9-3531 LEGAL 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 matters will be held for public hearings by the Board of Appeals, Town of Southoid, at Town Hall, Main Road, Southold, New York on Thursday, October 16, 1980: 7:;35 p.m. AppliCation of Leon and Pauline Krementz, uk, Car~on. County Tax Map item No. 1000-128- 6-1_4 .a_nd 15. I 1000-35-6-38. ~ 8'.25 P'm- Apph'cation of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. Ill, Sec. 100-31 for permission to construct dwelling with insuf- ficient frontyards-Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cutch- ogue, NY; bounded north by Skunk La. (Bay Ave.); west by Murchek; south by Smith; east tory ~are c~linic ially-zoned property ioe~ted at the South side of Nm~ R.oad (C.R. 28; also C.~t. ~27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransisco; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.t. 10:00 p.m. Application of Fanny Bei~ten Community Health Center, ~P.O. Box 659, Greehpert, NY for a Variance to the Zoning Ordinance, Art. III, Section ,100-30 for per- mission to ere? an ambulatory care clinic on residentially- zoned Property located at the south side of North Road (C.R. 28, also C.R. 27), Greenport, NY~ bounded north by North Road; west by Fenno; south by Fransi/~o; east by Nedoszytko; County Tax Map Item No. 1000-40-3-3.1. Dated: September 25, 1980 BY ORDER OF THE SOUTHOLD TOWN ~ BOARD. OF APPEALS IT, 10/9/80 (10) 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 at ~outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long/Island Traveler-Watch- man once each week for ........... /... ......................... weeks successively, commencing on the ..~'.. .................................. Sworn to before me this .Z.~. ................. day o? No~ Public ""/ CLEMENT j. 7HO~PSON NOTARY PUBLIC, State of New ;~. 52-9321725 t~esiding in 8~k ~u~ty FOI~M NO. 3 0 " TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ............................. ...~..t/.~.~ ................ , ....... To ...................................... ~.; ............................... PLEASE TAKE NOTICE that your application dated for permit to construct ....................................... at the premises located at .................................... returned herewith and disapproved on the follow~ng grounds .,./.~.~.~.~.(,~,~.(~f..~ ...................... Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19... Approved ................ , 19... Permit No ............ Disapproved a/c .................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ,7 Date .... ~.~. · .'~. ........ 1 .9~-.O a. This application must be completely ~led in by typewriter o~ Inspector, with 3 sets of plans, accurate plot plan to scale. Fee accordinl b. Plot plan showing location of lot and of buildings on premises, or areas, and giving a detailed description of layout of property must 1 cation. c. The work covered by this application may not be commenced bef, d. Upon approval of this application, the Building Inspector will iss shall be kept on the premises available for inspection throughout the wm e. No building shall be occupied or used in whole or in part for any shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department fox Building Zone Ordinance of the Town of Southold, Suffolk County, Ne' Regulations, for the construction of buildings, additions or alterations, The applicant agrees to comply with all applicable laws, ordinances, buil admit authorized inspectors on premises and in buildings for necessary ins . (Si~ature of applicant, or name, .... :~: . . . r-. ~ .... ~. ~] .......... ....... ............................. N~e of owner ofpremises y~.~.. '~ ~' ' '(~;~n "? If applic=t is a c°~°nti°n' signa~re °f duly auth°~ed °fficer D ~ ' (Name and title of co,orate officer) , ~ ila,e Li ,n , No.../.q.J ................. Plumber's License No~ ........................ Electrician's License No ....................... Other Trade's License No ....................... 1. Location of land on which proposed work will be done .................................................. House Number Street Hamlet County Tax Map No. 1000 Section . ~ ........ Block .................. Lot Subdivision .~.~ ........ (iq'a~)'' ' bc.v ! ....... riled Map No..~. 77., .:~'.. .... tot../. ............ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy //~e~,,~-~-- b. Intended use and occupancy ~,~./~.~.~ff-~ /~o Nature of work (check which applicable): New B. ~ilding~ .... Addition .......... Alteration'. .... ' ..... Repair .............. Removal ......... 4.~:,. lYem'Olition ..... ~. ........ Other Work ............... (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) $. If dwelling, number of d eliing units ............... Number of dwelling units on each floor ................ If garage, number of cars ...~..?.c? ................................. ~ .............................. 6. If business, commerciai or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...... . ................ Number of Stories ....... ~ .............. Dunans~ons ~f entire new construction: Front . ~.~..... ~.. ..... Rear .. ~'~......2.-. .... Depth ~.,~'..? ........ Height ... ~. .......... Number of Stones .... ~ ................................. ? ............... Size of lot: Front..?,~'./. ............... Rear..~.~'..~ ............... Depth ~.~.o ................. Date of Purchase ............................. Name of Former Owner'~...~.'~. ?...~..-~..Y~...~-~.. ............ Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: ................................ [1 lot be regraded .. ~..e..~.: .......... .; ......... Will excess fill.be removed from premises: ? Yes No me of Owner of premises' ~..f.~.. q me of Architect . ..~?. ff..~..~..,~...~.e: .......... Address .... ~..,~; .%~ .,~,~,~,~,~,~,~,~,~...,~.7-.... Phone No?. ??..~..~. ....... me of Contractor f___g,~t ~ .. Address $(vJe..0~..~.?~.~...~.~-. O~Phone No.~...~..~..Y~.. ~>.. 9. 10. 11. 12. PLOT DIAGRAM ~1 clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from maes. Give street and block number or description according to deed, and show street names and indicate whether )r corner lot. STATE OF NEW YORK, COUNTY OF ................. S.S ...................... ........................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the .......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ..................... ,19 ... Notary Public, ................................. County (Signature of applicant) O O TOWN OF $OUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ 7Y ~7' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ................................................................................... ._. ...................... ~ ................ ~.....-'~..-.. Name of Appellont Street and Number ................ ~.~..~.....~./..¥ ..................................................... ~.....-~./., .......... ,EREBY APPEAL TO Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ~ -- '~'-~- °e- c~ of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ...... .......................... Name of Applicant for permit .... :~.. ,,. .o...~.~. .x./.. .~ . .c.. ............ ~.:.c. ...,..~ ~. ......... ,. .~. . ~..... .~ ~.~. .?.. ~. . . Street and Number Municipality State 1. LOCATION OF THE PROPERTY /~'.~5' ..~...-~..*'..~..~.~..~"' ~J.- .~ ,,'~--..-( ........... st"-";;'~' ...................... O'~"'6i~;i~"~"~i~"~ 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 ( Z}'""'A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~'~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orrn ~.]B1 (Continue on other sid~, O O REASON FOR APPEAL Continued sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 ~7'~ -//- /~.~ _$ .~u~... <z~~:~ .e~V 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTraCT ~ecouse STATE OF NE~YOR~( COUNTY O~~ ss ~'"~'"~""'""~'"""~"'~Signature ....................... Sworn to this ................ /...~...~. ............... day of.....~...~-~....~..~.. ................ ELIZABETH ANN NEVILLE NOTkRY PUaLICState of New York No. 52.8125850. Suffolk Term £xp~res March 30, 19 cyan~ ~m ~ Vmt. LA~m ~" omsi~lCV ~m. LO'I'~ / FORMER OWNER W ACREAGE IMP. TOTAL DATE LAND JO00 F, mm Tillable ! Tillable 2 Tillal~te 3 Woodland Swampland Brushland Hous~ Plot 'l Total BUILDING CONDITION BELOW ~emamcs ~ 7/2 ,,/7~ ~, //NC' /~ ,c. FRONTAG~ ON WATER Velue Pe~ Acm 9ULKHEAD DOCK Tr~ar TrJ.~ar APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T 7-.;'1.:'1. ;' ROBERT J. DOUGLASS G~0RARD ,P. ,(~ 0E H..R iNi~EI~. sepn Ii. baWlCK1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 March 4, 1981 Mr. William Manners 9 Eaton Road New Hyde Park, NY ll040 Re: Appeal No. 2747 - Application and Decision of Yasar Gucer Dear Mr. Manners: You have requested that this Board write to you concerning a variance granted to Yasar Gucer on October 31, 1980. Appar- ently your concern is that the Board permitted the sideyard adjacent to you be reduced to l0 feet and that you now wish to lodge an objection to the Board's decision. Anyone who objects to a decision of the Board of Appeals has a right to appeal to the Supreme Court seeking a review of the Board's decision. Such an appeal must be made within 30 days of the Board's filing of its decision. In view of the fact that this time has long since expired, there is nothing that this Board can do concerning your objection. Yours very truly, IIo o CHARLES GRIGONIS, 'CHAIRMAN JR. 77-o/9'5 On Tuesday, March 3, 1981 10:00 a.m. William Manners, adjacent property owner to the west of Yasar Gucer came in and asked the Board to consider his objections as followS: Mr. Manners says: He was in to review the application of Yasar Gucer during October 1980, right after the public hearing was held but when the deci- sion was still pending. At that time he saw that the applicant was proposing 12.23' at the neighbor's side (west), and 12.97' at the east side, for a total of 25.20'. The minutes of the public hearing did not indicate that the Board was considering any changes, especially down to 10' on the neighbor's side (west). Mr. Manners said he did not state any objections because he did not object to the application as proposed. Today he said he found that Yasar Gucer is putting the house closer to his house (10'), and does object to the changes made by the Board. Mr. Manners says he had the understanding that a lot of that size should have a minimum sideyard of 15' and with a reduction of 25%, which would require a minimum of ll.3' and not less. Mr. Manners asks that the Board consider the above objections, possibly changing to make a minimum of 11.3' on his side. Letter in response.requested. 3/3/81 lk sent 3/4/81 p.m. Letter/from ZBA to Mr. Manners dated 3/4/81 with Town Attorney 3/3/81. after consultation Called Mr. Manners 3/4/81/telling him particulars letter, which would be forthcoming 3/4/81. of Board's Mr. Manners came in the Office on 3/10/81 and spoke to Mr. Hindermann about events as they occurred on this file. Building Inspector told him he agreed with Mr. Manners in that he looked like he was being duped and that he could try to get an injunction; and Mr. Manners gave ZBA secretary letter dated 3/7/81, copies of which were sent to ZBA members and Town Attorney on 3/11/81. Copies of file documents were sent to Town Attorney on 3/12/81 a.m. Southold Town Board of~ppeals -8- October 16, 1980 Vote of the Board: Ayes: Goehringer and Sawicki. Messrs. Grigonis, Doyen, Douglass, PUBLIC HEARING: Appeal No. 2747. Application of Yasar Gucer, by Charles S. DeVoe, 3630 Orchard Street, Orient, N~57, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient sideyards. Location of property: 45 Osprey Nest Road, Greenport, NY; bounded north by Osprey Nest Road; west by Manners; south by Paulisen; east by Dawn Estates Shopping Center. County Tax Map Item No. 1000-35-6-38. The Chairman opened the hearing at 8:13 p.m. by reading the appeal application, showing notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map and survey of this property showing the house. He has a 35' setback from the street and has 12.23 sideyard on one side and 12.97 on the other. Is there anyone here that wishes to speak for this? Mr. DeVoe, did you have anything you wanted to add to the application? MR. CHARLES DEVOE: I think everything is there. The young lady was very helpful in this. MEMBER GOEHRINGER: Can you tell me, Mr. DeVoe, how big the house is, square-footage wise? MR. DEVOE: Probably around 2,200 square feet. MEMBER GOEHRINGER: The maximum lot coverage would be 2,250 square feet. MR. CHAIRMAN: Are there any other questions 'from any of you fellows? (Negative) We're checking, you know you're permitted by the ordinance to build up to 20% of the lot coverage. You're allowed 20% of coverage with buildings on a lot. MR. DEVOE: That I didn't know. MEMBER GOEHRINGER: The lot is a little bit more than ll,O00 square feet. MR. DEVOE: I was going to say, I think it's the width of the building is out of line-- MEMBER GOEHRINGER: No. But you have a 20% lot coverage. You can't cover any more than 20% of the lot. Southold Town Board ~Appeals -9- OctOber 16, 1980 MR. DEVOE: Oh, you can't? MEMBER GOEHRINGER: Maybe he could get back to us with exactly what the square footage is-- MR. CHAIRMAN: If there are no other questions from anyone, I'll offer a resolution reserving decision on this, closing the hearing, and you could bring in maybe the actual footage of the house. Leave it with Linda. MEMBER GOEHRINGER: I'll second it. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was matter actual RESOLVED, to close the hearing and reserve decision in the of Yasar Gucer in Appeal No. 2747, pending receipt of the square footage of the proposed structure. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. ~' )and PUBLIC H~BI.NG:. Ap.peal NR,.~74~. Application Of John J. Ethel Moon, mu~ Llp~on Lane, wlmmls~on Park, NY 11596,~ a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for permis- sion to construct dwelling with insufficient frontyards. Location of property: 6520 Skunk Lane and 80 Haywaters Drive, Cutchogue, NY; bounded north by Skunk Lane (Bay Avenue); west by Murcheck; south by Smith; east by Haywaters Drive. County Tax Map Item No. 1000-104-5-4. The Chairman opened the hearing at 8:29 p.m. by reading the appeal application, showing notice of hearing and affidavits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining pcoperty owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey and copy of the County Tax Map showing this property and the area surrounding it, and the map~they have a.lot that's 150' on Haywaters Drive and 75' on Skunk Lane. They're building the house approximately 28 by 60' And they have a setback of 35.1' on Skunk Lane, 35' on Haywater~ Drive. I can't make out this one, it looks like 55' on it, it would be the west side. Is there anyone here that wishes to speak for this application? MR. JOHN MOON: I'm John Moon. } MR. CHAIRMAN: Is there anything that you to the application? would like to add ~//, THIS INDENTURF.~ made the 25th day of August , nineteen hundred ~s~vent~tw~ . ~'/ i BETWEEN DONAL~ H. CROWLEY and ELAINE M. both residing at 27 Donald Street, New York party ofthefirst part, and DOMINICK CAIAFA, residing at 119 Wellington.1 Garden City, New York CROWLEY, his wife~ East Williston, ' '~ party of the second part, -.. ' ,...~,~ .~ ~'.~_" ALL ~t certain plot, pi~ or ~rcel of ~nd, ~--"._ lying a~ ~in[ in "'- ? ''? h~'~ · "-- ~ ~ East-~rion, ~ of ~u~-C~~~-fe~,'_ ........ State of N~ York, known and described as ~t %1 and'930 on a certain map entitled, "Map of Section 1, Cleaves ~int" fil~-'in th'e ~fice of the Clerk of the .County of Suffolk at Riverhead,~, N~ York,.~as map %2752 on Sept~er 10th, 1957. TO~, E.THER with' all riglit, title and interest, if any, of the party of the first part in and to any Streets and · ~,~ ~, st pan m aha to saia premises, TO HAVE AND TO HOLD the pt~mises herein granted unto the party of the second part, the heirs or s~.'cessors ~d assi~,ns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done,or suffered nnythin~ whereby the sa~d premsses have been encumbered m any way whatever, except as aforesaid...' tAheNiDrJthe pa~rty...o, the. ir.s., part, !~n co?. pii~.nce w. ith Section 13 of the Lien Law,,coven~ts thai the party o! eration ''' ace'ye ,~.e .~.o.~,s. ie~,:,onj?.r.t, hl~..cunveya..ce a. nd ~dl hold .the n&,ht to receive the same first t~ttheund t~n~nt'[F"~' .......ur.m~. purpose o, paying tne. co~t of the improvement any other purpose. PaY the cost ot the ~mprevement before usmg any part of the iolil of The word "party" shall be construed as if it read "lmrties" whenever the sense of this isdentu~ so requires. IN WITNESS %%TIF.~OF, the party of the first part ]ms duly ex~.'utt, d this deed the d~y md written. "' Donald H. crowley.~ Elaine N. Crowley. ,CONSULT YOUII LAWYFA IEFORI SIGHIHG THIS INSTRUMENT--THIS INSTRUMENT SHOULD mE USED BY ~WYERS ONLY. I'~ ~0 THIS INDENTURE. made ~e 2lst Say of July , nineteen lmndred ~d' Seventy ~ ~; B~EEN ~ DA~,~ ~TAT~ BUILDERS OOP~OIL~T!ON, a domestic corporation ~' organized under the laws of the State of New York, with prin- cipal office at 14 Dawn Drive, Centereach, New York, 11720 ~y of the fi~t pa~, and DON~D H. CRO,4LEY ~ ~A~IE I4. C~OJL~Y, his wife, both residing at 27 Donal.~,!S~rSe~; E~'st ~il]iston, Ne~.~York 11596~ WI~N~$i~Y~, ~at the pa~ of the first part, in consideration of Ten Dollars and other valuable con- side~tion paid by ~e pa~ of ~e second ~rt, does hereby grant and release unto the par~ o{ the second part, thc heirs or successors and assi~s o[ the pa~ of the s<ond part forever, . . :. A~ tMt ee~n plot, piece or parcel of land, with the bnlklings and improvements thereon erected, , gmate, l~ng ~d being in ~eEas~ ?~mion, 9own of Sou~hold, OounCy'of.,Suffolk and State of New York~ kno~ and described as Lo't~ ~l"affd t~30 dna certain map entitled, "~p of Section l, ClehF~s'Point", filed in the office of the Clerk of the Co~ty of Suffolk at Riverhead'~ N.Y. as Hap No.2752 on September lO, 1957. [Subject to no building being erected unless plans and spec- ifications have first been approved, in uriting, by the Seller, said approval not to be unreasonably withheld. . This conveyance has been made with ~he uusnimous consent, in ~¢riting, of all the stockholders of the party of the first part. ' . Subject to a ~rchase Noney First Hortgage in the amouut of ($¢000.00) Four Thousand Dollars, bearing interest at tho rate of ~$ per ann~ and said mortgage being; intended to be simulatan- eously recorded herewith. TOGETHER with all fight, title and h~terest, if any, of the party of the first Imrt in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the patty of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the 'patty of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered any- thing whereby the said premises have been eucumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants tlmt the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the porpose of paying the cost of the improvemcn[,. and will apply the same first to the payment of the cost of the improvement before using any t',ar~ 'oje.,i,:' the total of the same for any other purpose. '; ~ The word "party" shah be construed as if it read "parties" whenever the sense of 'ihls ¢i'qdent/ic~"i~o~ .;,~!!~:~!.~, re ulres , ' ~' '.'~i;'.'.' ,~ '~' IN WITNESS WHEREOF, the party of the first part has dnly executed this deed tiled:i}} :~6~ '~'c,kr. fir;st,'. above written. , -. -- --.t.., ,, · o D~. ,, L(/-~.- ~$',~'t' (,V -' k", ?'~ '7~-~: ',j,... ;~:, .,,"., · ~rn,~'d. l~LllldJ{, ,.,C.'~ i'~": :,';,'~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE 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) (Special Exception) (Special Permit) (the following relief: ).. 2. That the property which is the subject of the I(etition is located adjacent to your property and is des- cribed as follows: /_~L .,,~.././ 4~r-~>_S?~,"~.-~" .·'~'·~_S~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: · 4. That by such Petition, t. he undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ,4 r F //--'7' /o o - ~/ 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 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. Dated: 2-/--~- ~ Petitioner Post Office Address NAME PROOFOFMAILING OFNOTICF ADDRESS William Mannoes Henry Paulisen Mr, T.B. Kaplan 9 Eaton Road, New Hyde Park, N.Y. 11040 Maple Lane, Box 152, East Marion, N.Y. 1193g D~wn Est. Shopping Ctr~,14 Da~ Dr., Cen* .... STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: .... ro 7 ,beingduysworn, de osesand sa sthat ' of . ._._r~'~_ ~mCJ~L. r . .1~ .b / '.e~-~ verse sine nereor, alrectea to each of the above named ....... ~A _~_'-P-Y_ _ . set f.. ......?; .... . names, that the addresses set opposite the names of salc?;~;';~n;~a;;~l~;~;rSeeSs;e:to~PsPa~l~ee;shoeln[ 2SsPl~oCtwi~leon the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- `rice at ~ ~ ~ ~(~k~c> (' ~_~ , ~ ~ y, ; that said Notices were mailed to each of said persons by ~certified) (registered) mail. Sworn to-before me this { ~ ~(~ day Notary Public / ELIZABETH ANN NEVILLE NOTARY PUBLIC,State of New York No. 52-8125850, Suffolk Coorlp/.~% Term Exp,res March 30. ]9~:::' / 0 0 Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.i CHAIRMAN SERGE DOYEN, JR~ TYPE II ACTION DESIGNATION ROBERT J. DOUGLASS NEGATIVE DECLARATION ~u','-u,. OF NO SIGNIFICANT EFFECT ON THE E~IRONMENT 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. 2747. Application of Yasar Gucer, 45 Osprey Nest Road, Greenp0rt, NY. Location of Project: 45 'Osprey Nest Road, Greenp0rt. Permission Requested: sideyards. New dwelling with insufficient Date Of Public Hearinq: 0ct0ber ]6, 1980. 8:]0 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: September 25, 1980. Posted on Town Clerk Bulletin Board. Copies to applicants. JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 19, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2747 application of Yasar Gueer by Charles DeVoe for a variance. Also included are notification to adjoining property owners as follows: William Mannoes, 9 Eaton Road, New Hyde Park, N.Y. 11040; Henry Paulisen, Maple Lane, Box 152, East Marion, N.Y. 11939; T.B. Kaplan, Dawn Est. Shopping Center, 14 Dawn Drive, Centereach, N.Y. Judith T. Terry Town Clerk JTT/bn ~EnCl~ares 0 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately __ feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (o) In' order 'co answer the questions in th£s short EAF it is assumed tho~ the preparer will use. currently available information concerning the project end the likely impacts of the action. It is not expected that additional studies/ research or other investigations ¥1ill be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is not significant. (d) E'nvi,ronmental Assessment t. Will project resul¥"in o large physical change to the project slte or physically alter more than 10 acres of land? ........................, Yes. ,,,,, o 2. Y/ill there be o major change to any unique or .unusual land form found on the site? ........... Yes/NO 3. %lill project alter or hove a lar§e' effect on existing body of water? ......................., Y95, 4.. %~ill project hove o potentially large impact Yes ~.~No on Groundwater quality? ....................... 5. Will project significantly effect dro%noGe flow on ?djocent sites? ....................... ,-,,Yes,~/NQ. 6. Will pro3ect affect any threatened or endangered plant or animal species? ........... ,, ,Yes ~o, 7. ¥]ill project result in o major adverse Yes on air quality? .............. · ................. 8. ¥1ill project hove o major effect on visual character of the community or scenic views or ¥istos known to,be impatient to the community? Yes/No,_ ~. Will project adversely impact any site or .' · structure of historic, prehistoric or paleontological importance or any site designated as o critical envlronmentol oreo by local agency? - ....... ...... . Yes~'/N°, 10. %~ill project have o major effect on existing or future recreational opportunities? ......... Yes?''/N°, 11. %~ill project result in .major froffic problems o~ cause a major effect fo exlsfing transportation systems? ....................... Yes 12. %~ill project .regularly cause objecfionoble odors, noise, glare, vlbrofion, or electrical . disturbance 05 o result of the pro ec s o' operation? ......... ' ............................ · , Ye~N_ 13. %till project have any impact on public health or.safety? .................................... Yes~o 14. Will projec~ affect the exlsfinG community by directly causing o ~rowfb in permanent population o{ more then 5 perce~f over o one year per~od o~ hove o major negofive on fhe chorocfer of fhe community or neighborhood? ................................. Yes~No 15. Is fhere public controversy concernln~ %he project? ...................................... , PREPARER'S SIGNATURE REPRESENTING_. /~ OTTO W. VAN TUYL 8: SON Jan. 8, 1958 Areas of lots,in .oection One-Oleaves Marion: N.y. Point" at ~.~ Lot 1 .... 0.253 acre Lot 2 .... 0~258 " x, 400 SEE SEC NO 036 GULL POND INLEt' (UND£~WAT£R AND Q COUNTY OF SUFFOLK ~c....~.~ SOUTHOLD Real Property Tax Service Agency Count. Center -, IOOO 035 k ' ~ · ' - 'S ' , ~ ' ~'~,~.~ ~' ~'~ I , -- Z~ .... / ~ ~ ~ ' ~ ,/ / ~. ~ / '-' -~--- 4e.~ ~- ...~ / / ~ / ,, '~ :"-. ~o ~ ~."> / /, /.. ~.~'-~',Y zi _,.~.I,~ _,~ . o~~ ,,~ .~' x~ / '~' ~'~'.~'~7'~'w ~;~,~- " ' I/ / ' ~Y ;6, ./ '" -' . ,--. / . ~t~ONL)~E~T , ~. LOCATION PLAN - - " -,/ I / ' '/ / '-' /~. . / · - . . . i'/ DETA'L ......... ~ ~ ,~ ~ . ~ '~ , · ,, ',~. ,,~ ~-* .- CON~'i'R U~ ONLY : APPROVEI~. ,- SUFFOLK I