Loading...
HomeMy WebLinkAbout2758 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,, ~ ? / / / / / /0 / / ? ? ? \ \ \ ~6 ~0 -\ 15 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~