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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAKD OF APPEALS
AppealNo. 2758 Application Dated October 21, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Rudolph H. Bruer, Esq. (for Jack J. Stukas)
Mai n Road
Southold, NY 11971
DA~S .].]../..2.4~.8 0
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
(X~ Request for a variance to the Zoning Ordinance Art. I I
( )
November 20, 1 980, the appeal
Sec. 100-31
1.
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the' decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Public Hearing: 8:05 p.m. Application of Jack J.
Stukas, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a
Variance to the Zoning Ordinance, Article III, Section 100-3] for
approval of insufficient area and width. Location of property:
North side of Sound Avenue, Mattituck, NY; more particularly known
as Lots 4 and 5 as Minor Subdivision of .Jack Stukas No. 55, and
bounded as follows: north by Gillies; east by Alderman and Mich-
alecko; south by Sound Avenue; west by SheD. County Tax Map Item
Nos. 1000-141-3-1.1 and 1.2.
(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 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
approval of the insufficient area and width of two lots as they
were created and existed in 1971, of 36,197 and 35,488 and
120.00 feet each, respectively. The lots to the west of the
subject parcels are slightly smaller in area and.to the east
are substantially smaller lots in area. All of the lot widths
in the vicinity are an average of lO1 feet.
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. Goehringer, seconded by Mr. Doyen, it was
RESOLVED, that Jack J. Stukas, in Appeal No. 2758, be
granted a variance .to the zoning ordinance, Article III, Section
'lO0-31 approving the insufficient area and width as applied for.
Location of property: North side of Sound Avenue, Mattituck,
NY: bounded north by Gillies; east by Alderman and Michalecko;
south by Sound Avenue; west by Shen. County Tax Map Item No.
lO00-141-3-1.1 and 1.2.
Vote of the Board:
and Sawicki. Absent was:
Ayes: Messrs. Douglass, Doyen, Goehringer~
Mr. Grigonis.
APPROVED
P~CE!VED AND FILED BY
Tt-~ SOU~filOLD TOWN CLT~.'qlC
To~ ~e~k, To~ of So~thold ,
LEGAL NOTICE OF HEARINGS
Pursuant to Section 267 of the Town Law and the Provisions 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, November 20, 1980:
7:35 p.m. Application of Joseph and Amelia Smulcheski, Carole
Road, Southold, NY for a Variance to the Zoning Ordinance,
Article III, Sections 100-31 and 100-32 for permission to
construct garage in the front and/or side yard area. Location
of property: 140 Carole Road, Southold, NY; bounded'north by
Hass, east by Arshamomaque Pond, south by Hrebok, west by
Carole Road. County Tax Map Item No. 1000-52-2-5.
7:45 p.m. Application of Kramer and DePetris Agency, !nc.,
54985 Main Street, Southold, NY for a Variance to the Zoning
Ordinance, Article VI, Section 100-60C(2)(b) for permission to'
place letters (identification signs) on side of building
known as 54985 Main Street, Southold, NY; bounded north and
east by Rich; south by S.R. 25; west by Ryan. County Tax Map
Item No. 1000-62-1-5.
7:50 p.m. Application of Charles and Margaret Mebus, 2145
Wells Avenue (Road), Southold, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to
construct accessory building in side and/or front yard area
at 2145 Wells Avenue (Road), Southold, NY; bounded north by
Benson and West Hill Road; east by Benson; south by Edson and
Wells Road; west by Wells Road. County Tax Map Item
No. 1000-70-4-21.
8:05 p.m. Application of Jack J. Stukas, by Rudolph H.
B, ruer, Esq., Main Roads Southold, NY for a Variance to the
Zoning Ordinance, Article III.. _~r~tinn !nn-.tl for approval
Page 2
Legal Notice of Hearings
Board of Appeals Meeting to be Held 11/20/80
of insufficient area and width. Location of property:
North side of Sound Avenue, Mattituck, NY; more particularly
known as Lots 4 and 5 of Minor Subdivision of Jack Stukas
No. 55, and bounded as follows: north by Gillies; east b~
Alderman and Michalecko; south by Sound Avenue;. west by Shen.
County Tax Map Item Nos. 1000-141-3-1.1 and 1.2.
8:20 p.m. Application of William Hatfield, d/.~/~_~ortheast
Enterprises, Inc., New Suffolk Road, New Suffolk, NY for a
Variance to the Zoning Ordinance, Article VIII, Section 100-81
for approval of parcel to be established with insufficient
area and width at 6725 and 6775 New Suffolk Road, New Suffolk,
NY; bounded north by Withers; east and south.by S~hoolhouse' ~
Creek;west by New Suffolk Road; County Tax Map Item No.
1000-117-5-28 and 29.
8:35 p.m, Application of Richard Anderson, by Gary Flanner
Olsen, Esq., Main Road, Mattituck, NY for a Variance for
approval of access pursuant to New York Town Law, Sec. 280-a.
Location of property: Wunneweta Pond, Nassau Point, Cutchogue,
NY.i bounded north~west and south by Wunneweta Pond; east by
O'Keefe. County Tax Map. Item No. 1000-111-14-29.
9:25 p.m. Application'of James Wheeler, by William H.
Price, Jr., Esq., Front Street, Greenport, NY for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of insufficient area. Location of property:
Southeast corner of Kenney's Road and Chestnut Road, Southold,
NY; bounded north by Chestnut Road; east by Dickerson, Wheeler,
and Conway; south by Dioca, Pierre, and Price; west by Kenney's
Road. County Tax Map Item No. 1000-59-3-10 and 11.
Dated. October 31, 1980. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
LEGAL NOTICE
OF HEARINGS
Pursuant to Section 267 of
the Town Law and the Provi-
sions of the Amended Code of
the Town of Southold, the fol-
lowing matters will be held for
public hearings by the Board
of Appeals, Town of Southold,
at Town Hall, Main Road,
Southold, New York on Thurs-
day, November 20, 1980:
7:35 p.m. Application of Jo-
seph and Amelia Smulcheski,
Carole Road, Southold, NY for
a Variance to the Zoning Ordi-
nance, Article III, Sections
100-31 and 100-32 for permis-
sion to construct garage in the
front and/or side yard area.
Location of property: 140
Carole Road, Southold, NY;
bounded north by Hass, east
by Arshamomaque Pond,
south by Hrebok, west by
Carole Road. County Tax Map
Item No. 1000-52-2-5.
7:45 p.m. Application of
Kramer and DePetris Agency,
Inc., 54985 Main Street, South-
old, NY for a Variance to the
Zoning Ordinance, Article VI,
Section' 100-60C(2) (b) f°r per-
mission to place letters (ident-
ification signs) on side of
building known as 54985 Main
Street, Southold, NY; bounded
north and east by Rich; south
by S.R. 25; west by Ryan.
County Tax Map Item No.
1000-62-1-5.
7:50 p.m. Application of
Charles and Margaret Mebus,
2145 Wells Avenue (Road),
Southold, NY for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permis-
sion to construct accessory
building in side and/or front
yard area at 2145 Wells Ave-
hue (Road), Southold, NY;
bounded north by Benson and
West Hill Road; east by Ben-
son; south by Edson and Wells
Road; west by Wells Road.
County Tax Map Item No.
1000-70-4-21.
8:05 E.m. Application of
~J~e-k-3 i' gtiik'fi~ i 'b~ R~ffOIbh~'~.---
Bruer, Esq., Main Road,
Southold, NY for a Variance to
the Zoning Ordinance, Article
~31 L~ apprmtal
area and width.
~-o p~r~;i--~rth
side of Sound Avenue, Mai:ti:
'{U~k'i Ny; more particularly
7known as Lots 4 ~nd 5 0f Min0~ ~
Subdivision of Jack Stukas No.
.55, and bounded as follows:
north by Gillies; east by Alder-
'man and Mich~lecko; south
-by Sound Avenue; west by
~hen. County Tax Map Item
'- Nos. 1000-141-3-1.1 and 1.2.
8:20 p.m. Application of Wil-
liam Hatfield, d/b/a North-
east Enterprises, Inc., New
Suffolk Road, New Suffolk,
NY for a Variance to the
Zoning Ordinance, Article
VIII, Section 100-81 for ap-
proval of pared to be estab-
lished with insufficient area
and width at 6725 and 6775 New
Suffolk Road, New Suffolk,
NY; bounded north by With-
ers; east and south by School-
house Creek; west by New
Suffolk Road; County Tax
Map Item No. 1000-117-5-28
and 29.
8:35 p.m. Application of
Richard Anderson, by Gary
Flanner Olsen, Esq., Main
Road, Mattituck, NY for a
Variance for approval of ac-
cess pursuant to New York
Town Law, See. 280-a. Loca-
tion of property: Wunneweta
Pond, Nassau Point, Cut-
ehogue, .Nyj bounded north,
COUNTY OF SUFFOLK,
~ ss:
STATE OF NEW YORK, j
Joan Gustavson
...................................... being duly Sworn.
says that ... ~, is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and ~hat the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in eoch week, ~or .~ one ....................... weeks
successively commencing on the .~.~ .....................
day o! . .N.°Y.e..m.b.e..r .......... 19 80
west ana south by Wunneweta
Pond; east by O'Keefe. County
Tax Map Item No. 1000-111-14-
29.
9:25 p.m. Application of
James Wheeler~ by William H.
Price, Jr., Esq., Front Street,
Greenport, NY for a Variance
to the Zoning Ordinance, Art-
icle III, Section 100-31 for
approval of insufficient area.
Location of property: South-
east corner of Kenney's Road
and Chestnut Road, Southold,
NY; bounded north by Chest-
nut Road; east by Dicgerson,
Wheeler, and Conway; south
by Dioca, Pierre, and Price;
west by Kenney's Road. Coun-
ty Tax Map Item No. 1000-59-3-
10 and 11.
Dated: October 3!, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TN6-3547
rn to before me this . 6.~ ......
of ..... No~.emb.er.. 19.80.. !
................. ..............
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
No, 4707878, Suffolk
Term Expires March 30,
LEGAL NOTICE
OF 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, Town. of
Southold, at Town Hall, Main
Roaff, Southold, New York on
Thursday, November 20, 1980:
7:35 p.m. Application for
Joseph and Amelia Smul-
cheski, Carole Road, Southold,
NY jfor a Variance to the
Avenue (Road), Southold, NY;
bounded north by Benson and
West Hill Road; essst ,by
Benson; south by Edson and
Wells Road; west by Wells
Road. County Tax Map Item
No. 1000-70-4-21.
8:05 p.m. App. Lic_afi0n of
Jack J. Stukas, by. Rudolph H.
Bruer, Esq., Main Road~
.~th~ ~_~._ning Ordjn_ap_~,~Article
HI? Section 100~31 for. approval
pf~ipsu__ffi__c_ie~nt a_rrea~M~L_wlath_
Location of property: North
side of Sound.Avenue, Matti-
tuck, NY;, more particularly
Subdivision of Jack Stu~as No
~55,~ ind' bou~fid~' as ~Iiows:
'~¥fl¥ 'bY ;~illies; '-'east by
?lde?man and Michale6ko_;~'~i
south by Sound Avenu~e_s_t_
.~L'b_Z Shen. C°unt~ Tax
Items Nos f 1-~0~- 14-~1 -'~-~. l'~;fid
1.2.
--'-g-MO p.m. Application of
William Hatfield, d/b/a
Northeast Enterprises, Inc.,
New Suffolk Road, New
Suffolk, NY for a Variance to
the Zoning Ordinance, Article
VIII, Section 100-81 for ap-
proval of parcel to be estab-
lished with insufficient area
and width at 6725 and 6775
New Suffolk Road, New
Suffolk, NY; bohnded north by .
Withers; east and SOuth. by
Schoolhouse Creek; west by
New Suffolk Road; County Tax
Map Item No. 1000-117-5-28
and 29.
8:35 p.m. Application of
Richard Anderson, by Gary ·
Flanner Olsen, Esq., Main
Road, Mattituck, NY for a
Variance for approval of access
pursuant to New York Town
Law, Sec. 280-a. Location of
property: Wunneweta Pond,
Nassau Point, Cutchogue, NY;
bounded north, west and south
by Wunneweta Pond; east by
O'Keefe. County Tax Map
Item No. 1000-111-14-29.
9:25 p.m. Application of
James Wheeler, by William H.
Price, Jr., Esq., Front Street,
Greenport, NY for a Variance
to the Zoning 'Ordinance,
Article III, Section 100-31 for
approval of insufficient area.
Location of property: South-
east corner of Kenney's Road
and Chestnut Road, Southold,
NY; bounded north by Chest-
nut Road; east by Dickerson,
Wheeler, and Conway; south
by Dioca, Pierre, and Price;
west by Kenney's Road.
County Tax Map Item No.
1000-59-3-10 and ll.
Dated: October 31, 1980
BY ORDER OF
~TI-IE SOUTHOLD TOWN
BOARD OF APPEALS
1T, 11/6/80 (8)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHiMAN,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............. / ......................... weeks
successively, commencing on the .... ~ .............................
day of,. ..... ~ ............... , ~19....~....
Sworn to before me this ................................ day of
FORM NO. $ 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. ¥o
NOTICE OF DISAPPROVAL
or ~-,~ ~ ~,,~,'~ ........... Z ........... ~ ............. ~ the premises Ioc~te~ ~t ....................................
.~.~.~ .... ~..~ ........................Street . ~~~ ' ·
~ap .................................... ~ ........ ~ ................................. bo~ .~ ................. z ......................... ~s
returned herewith and disapproved on the following gro~ds-. ....... ~....~:~.7...~~...
.......... ~ ................................................................. ~..~ .................. ~ .... ~ .................. ,
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.'Y.
APPEAL NO. ~=~ 7~~::~
DATE . .].. ,0../..2.."1;'.../..8..9. ..........
Name of Appellon.t Street and Number
...... ..W..a...t..c...h..u...n.c,j ................................................................. .N. ew...J...e..r...s..e.~,. ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ..8../..]:..3./..8..0. ................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
JACK STUKAS
Name of Applicant for permit
of ?../. ........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE' :PROPERTY ~..°.?'..~.d.....A..~..e..'.,:,,..~.a..~..i..~.~..c..k.~.....~..:..~....... .... ,A..~.~..e..~.~,.d..e..~.~...~..a. 1
..... Street -Use District On Zoning' Map
Minor Subdivision ~55, jack Stukas Lots4 & 5 ' '
Map No. Lot No.
· a× NaJp desicjnation: 1000 - 141 - 3 - 1.1 & 1.2
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
3. TYPE OF APPEAL Appeal is made herewith for
(~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) -A VARIANCE due to Jack of .access (State_of New York Town Law Chap. 62 Cons. Laws
~ Art. 16 Sec. 280A Subsection ;3
4. PREVIOUS APPEAL A previous appeal (1=~) (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 more than 3 years have elapsed since Southold Town
Planning Board approval of the above-mentioned minor subdivision (9/7/71),
and ~pplican~, at 'this time, desires to divide the subject property into
two (2) buildable lots having approximately 36,000 sq. ft. of area and
120 ft. road frontage each on Sound Avenue.
Form ZB1
(Continue on other side)
REASON FOR APPEAL
O O
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Applicant would be unable to sell the property as
two (2) buildable lots.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property ond in this use district becouse the majority of properties in
~-his use-distric~t, ~ncluding t~e three (3) additional lots in the
aforementioned minor subdivision, do not conform to the 150 foot
road frontage and ,40,000 sq. ft. area requirements of, the ordinance.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because most properties in the area are of: about
t~he same area and width as the subject property, as divided, if not
smaller. The property can adequately handle two residences.
STATE OF NEW YORK
dOUNTY ~OF SUFFOLK
- '~// -J - Signature
Rudolph H.,. Bruer, Attorney for Applicant
Sworn to this., ............................................ day of ................ Q~.Q,b,,e.,,r, ....................... 19 80
I~ARY DIANA FO~TER
~IOTARY PU?IO. St~tn cf Flew York
No. 52-4Gii~2~->!. Su;folk County ~
.~mm.issi0n Expi~cs Niarch 30, 19~2r'/
Board of Appeals
Town of SOuthold
DEPARTMENT OF PLANNING
(516) '360-5513
LEE E. KOPPr"LMAN
DIRECTOR OF PLANNING
Novembe~ 25, 1980
Pursuant to the requirements of Sections 1323 to ].332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
Applicant Municipal File Number
-Joseph & Amelia Smulcheski
L~I~J. Stukas
- Kramer '& DePetris Agency, Inc.
2758
2759
CG"N :Jk
Very truly yours,
Lee E, Koppelman
Director of Planning
b~
CH;EF PLANNER
VETERANS MEMORIAL HIGH~¥AY
HAUPPAUGE, Lo I,, N~:W YOR'K
O ·
TOWN CLERK
Building Dept.
Planning Bd.
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
765-3783
765-2660
765-18~9
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ...B.o..a.r.d..0..f..A.p.p..e.a.l.s. ............... of the town of. Southol d
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Appeal No. 2758
Jack J. Stukas
................ Amendment to the zoning ordinance by Rudolph H. Bruer, Esq.
................ Zoning changes
................ Special permits
..~.X ......... Variances Art. I I I, Sec. 100-31
N/s Sound Avenue, Mattituck. 1000-141-3-1.1 and
Location of affected land: ........................................................................................................................ ,.. °
within 500 feet of: (check one or more)
...~..~..'...-...-. Town or village boundary line, or shore line
X X State or county road, parkway or expressway C R 2 7
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments: Public Hearing held 11/20/80. RlaPm~lal
insufficient area and width as applied for.
was granted for
Date received by Suffolk County Planning Commission
File No .................................
Einda F. Kowalski, Secretary
Title
TO
S~
,D
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr,
Southold, N.Y. 11971
November 13, 1980
TELEPHONE
765-1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The Planning Board reviewed your request for information
regarding the insufficient area and width as originally in 1971
subdivision of Jack Stukas.
The consensus of the Planning Board is that this is an
approved subdivision in the town.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
lman, Secretary
Southold Town Board of Appeals
MAIN RI3AD- BTATE 'ROAD 25 E~EIUTHI3LD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS. JR., cHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
TO:
FROM:
DATE:
Mr. Henry E. Raynor, Jr., Chairman, Planning Board
Charles Grigonis, Jr., Chairman, Board of Appeals
October 30, 1980
Recently, the following matters have been filed and scheduled
for public hearings by this Board for November 20, 1980.
Inasmuch as these projects will require consideration by your
Board, may we have your input concerning same:
Appeal No. 2742 - William A. Hatfield. Insufficient area
proposed 5,600 square feet, and insufficient
width proposed 70 feet. East side of New
Suffolk Road, Cutchogue.
ppeal No. 2758 - Jack J. Stukas. Insufficient area and
width as originally in~1971 subdivision
of Jack Stukas. Lots 4 and 5. North side
of Sound Avenue, Mattituck.
.Also, please advise this Board whether or not you will be classi-
-~'fying these matters as minor subdivisions, and requiring applicant
to follow-up with the procedures set by the Code.
Sincerely yours,
CHARLES GRIGONIS, JR.
'q)~/: Lind~ Kowalski
Secretary
Southold Town Planning Board
-3-
August 16, 1971
/a/~pre~Udolph Bruer, Attorney presented the Planning Board with
_
iminary map for the proposed minor subdivision of Jack
Stukas, property located at the N/S of Soundview Avenue, Matti-
'tuck, N.Y. The map showed a minor subdivision of five (5) lots:
lot no. 1 contained 32,261 sq. ft. of area; lot no. 2 contained
. 34, 877 sq. ft. of area; lot no. 3 contained 34,602 sq. ft. of
area; lot no. 4 contained 36. 197 sq. ft. of area; lot no. 5
contained 35, 498 sq. ft. of area. Ail lots have from 100 ft.
to 120 ft. of road frontage on the N/S of Soundview Avenue.
Upon inspecting this map, the Board found that the property
owners on the S/$ of Soundview Avenue were not shown on this
map. . The Board advised Mr. Bruer that the property owners on
the S/S of Soundview Avenue must be printed'on the map. Mr.
Bruer presented the Planning Board With two' (2) copies of formal
applications for this proposed minor subdivision. Mr. Bruer to
have maps revised and present them at the next meeting of the
Planning Board.
·
Mr. Justin E. Clemens presented the Planning Board with
a preliminary sketch for a proposed minor subdivision of his
property located at the west Side of Platt Road, Orient, N.Y.
The sketch showed a minor subdivision of five (5) lots each
'containing approximately 1.6 acres of area and having 100+ ft.
road frontage on the-west side of Platt Road. The Board advised
Mr. Clemens to have a survey of the propertY made showing all
adjacent property owners and property owners ~cross the street
on ~' .-', east side of Platt Road. Mr. Clemens to have preliminary
ma~:-~' ~ade up and present them at the next meeting of the
Planning Board.
Dominic Aurichio, Attorney appeared before the Planning
Board in reference to the proposed minor subdi~ision of Tendler
& Others, property located at E/S of Ninth Street and S/S of
Brown Street, Greenport, N.Y. The Board was presented with
three (3) copies of revised maps, two (2) copies of formal
application, fee of $50., and letter of intent. The Chairman
informed Mr. Aurichio that several members of the Planning
Board have inspected this property and it was discovered that
a road has been cut through. The Chairman informed him that
a road cannot be cut through in a subdivision unless it is
approved by the Planning Board, and no approval was applied
Notice of Hearings for 11/20/80:
Published in the local and-official newspapers on 11/6/80.
Copies of legal notice mailed to applicants or their agents
on 11/7/80:
Mr. and Mrs. Joseph Smulcheski
Mr. John Kramer, Kramer & DePetris Agency, Inc.
Mr. and Mrs. Charles Mebus
Rudol-ph J. Bruer, Esq., attorney for Mr. Jack J. Stukas
Mr. William Hatfield, d/b/a Northeast Enterprises, Inc.
Gary Flanner Olsen, Esq., attorney for Mr. Richard Anderson
William H. Price, Jr., Esq., attorney for Mr. James Wheeler
Southold Town Board of Appeals
MAIN ROAD- E~TATE ROAD 25 Br'IUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, .IR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
,Joseph H. Sawicki
TYPE II ACTION DESIGNATION
NO~ICE OF NO SIGNiFICANT~EFFECT
UPON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Environmental
Quality Review Act {SEQRA}, Article 8 of the Environmental Conser-
vation Law, and Section 44-4 of the Southold Town Code, the South-
old Town Board of Appeals has determined.the following-described
project is classified as a Type II Action, not having significant
adverse effects upon the environment. Pursuant to Section 617.5{a}
of the New York~State Environmental Quality Review Act, no further
determination or procedure is required herein. This declaration
should not be considered a determination.made for any other depart-
ment or agency which may also be involved or any other project not
covered by the within application.
Applicant has submitted an environmental assessment in the short
form which indicates that no adverse effects, were likely to occur to
the environment.
The subject property is not located within 300 feet of tidal
wetlands.
Description of Project: Applicant, Jack J. Stukas, requests
approval of insufficient.area and width of property located at
Sound Avenue, Mattituck. County Tax Map Item No. 141-3-1.1 and 1.2.
.Appeal No. 2758.
Date andl Place of Public Hearing: November 20, 1980 at the
Southold Town H~ll,'iMain Road, Southold, New York. 8:05 p.m.
Documents on File: Appeal Application, Notice to adjoining prop-
erty owners with mail receipts, Surveys or Sketches of the proposed
project, Notice of Disapproval from the Building Inspector, Notice of
Hearing, Environmental Assessment in the short form, photocopy of the
County Tax Map showing this property and the surrounding area, and
other documents as may be required.
Person to Contact for Additional Information: Linda K°walski,
Secretary to the Board of ApPeal's, TOwn Hall,"Main Road, Southold,
New York 11971. Telephone (516) 765-1809, or 1802 (Building InSpector).
Dated: October 31, 1980.
Copies to:
Applicant or his agent.
Town Clerk's Bulletin Board.
Supervisor, Town of Southold.
~K
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
TO'
October 21, 1980
Southold Town Zoning Board of Appeals
From' Judith T. Terry , Town Clerk
Transmitted herewith is Zoning Appeal No. 2758 application of Jack J. Stukas
for a variance. Also included are notification to adjoining property owners
as follows: Mr. & Mrs. Harry Alderman, Mattituck, N.Y. 11952; Mr. & Mrs. Paul
P. Michalecko, Mattituck, N.Y. 11952; Mr. JosePh Gilles, c/o Ed Gilles, Middle Roa
Box 393, Mattituck, N.Y. 11952; Mr. Jame~Shen, 1 Pike Street, Mattituck, N.Y.
11952.
ud'th T. Terry
Town Clerk
J~.TT~.bn
~ Enclosures
To:
Re:
(Today' s~ Date)
Southold Town ~oard of Appeals
Main Road
Southold, NY 11971
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 ~idal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in yery good
condition and at' leas~ 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.]
Silly yours,
( 2/7s)
UmmOm mTAL ASS SS nm
(a) In order to answer the questions in this short EAF ~s is assumed that the
preparer will use currently available information concerning the project and the
likely impacts of the action. It is not expected that additional studies, research
or other investigations will be undertaken.
(b) If'any question has been answered Yes the project may be significant and a
completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
~ significant.
(d) ~av~-,~nta~ A,ssessmen, t
1.Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ....... · .. · · Yes X NO
2. Will there be a major change to any unique or
unusual land form found on the site? ..... Yes X No
3. Will project alter or have a large effect on
an existing body of water?...... , . . . Yes X No
&. Will project have a potentially large impacu on
groundwater quality? ..... · · ·.-.-- · Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? · · · · · · · · · · · · Yes X No
6. Will project affect any threatened or endangered
plant' or an/mai species? . . . . . . . . . . . Yea X No
7. Will project rest~!t in a major adverse effect on
air quality? .... · · · · · .. · Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? · · · ,, Yes X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site' designated as a critical
environmental area by a local agency? · . . ,, Yes X No
10. Will project have a major effect on existing or
future recreational opportunities? · . · Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems'? · · · · · ....... Yes X No
12. Will project regularly cause Objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? . Yes X No
13. Will project have any impact on public health or
safety? ........... . Yes X No
l&. Will project Affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative effect on the
charact~ of~e Yes X
community or neighborhood?.. , , ,, No
15. Is ~here, ~he pro~ect? Yes X No
PREPARER'S $IGNATUR~~~.~ TITLE: Attorney;
REPRESENTING: Jack J. Stukas DATE: 10/~1/80
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
:
JACK J. STUKA$
:
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) (~1¢~
2. That the property which is the subject of the Petition is located adjacent to your proper%y and is des-
cribed as follows: Lots 4 & 5 on attached photocopy of survey ~Minor Subdivision
for JACK STUKAS at Mattituck, Town of $outhold, New York") dated~August 11,
1971
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
A - Residential
4. That by such Petition, the undersigned will request the following relief: tO divide ~he subject
property (presently considered to be one lot) into two (2) lots, ;shown as
Lots 4 & 5 on the attached photocopy of survey. ~
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 (Bulk, ~rea & parkinq requirements)
' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: ~ctober 21, 1980
Petitioner
Post Office Address
Main Road
Southold, New York 11971
for
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Mr. & Mrs. Harry Alderman
Mr. & Mrs. Paul P. Michalecko
Mr. Joseph Gilles
~Ltdd~mxbad~x~mxx~9~x
Mr. James Shen
Mattituck, New York 11952
Mattituck, New York 11952'
c/o Ed Gilles
Middle Road, Box 393
Mattituck, New York 11952
1 Pike Street
Mattituck, New York 11952'
"'- 0
LU
9L61 'Jdv '008[: uJJo~4 Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Mary Diana Foster , residing at (No %) Mc Cann Lane, Green~ort,
New York , being duly sworn, deposes and says that on the 21st day
of October ,19 80 , deponent mailed a true copy of the Notice set forth on the re-
verse side,hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons-as 'shown on
the current assessment roll of the Town of Southold; that said Notices were mailed ~t the United States Pos~ Of-
fice at .. Southold~ New York ..; that said Notices were mailed to each of said persons by
(certified)' (:~ mail.
Sworn to before me this ' 21st
~.0ctober
Notary Public
BESSIE L. AUSTIN
NOTARY PUBLIC, State of New ~ork
No. 3203050
Qualified in Suifolk County
I~ommission Expires March_ ~_0,, ~
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1.2A(
-IAEL BAKER JR.
~; Y p E 34.H2
Property or R W L,ne
Denotes Common O~ne, Z
Subd,v,s,on Lot Line
Ra:iroad
Stream .. ~
ICounty Line
Town Line
V:lJage L,ne
Block L,m,t
School D~str*ct Line
I. egend
L,gh D,s~.c, Line
SC [ Sewer D,st.,c' Line
F J Hydronl D,sfr,ct Line---- H- - Subd,
---- w- -[Refuse D,str,ct L,ne -R Deed
-- 'L'--- tBl°ckN°' Q I Scale
____.p_ __ Parcel No. 23 i Deed
- S---- Suhd,v,s,o~ BlocUNo. (21) ~Colc~