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LEGAL NOTICE OF HEARINGS
Pursuant to Section 267 of the Town Law and Provisions of
the Amended Building Zone Ordinance of the Town of Southold,
public hearings will be held by the Board of Appeals-at the
Town Hall, Main Road, Southold, New York on Thursday, March 20,
1980 on.the foiio~ing:
7:30 P.M. Application of GERARD H. SCHULTHEIS, 3 Detmer. Road,
Setauket, New York for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct dwelling
with an insufficient frontyard setback. Location of property:
Holden Avenue and Dick's Point Road, Cutchogue; bounded north
by Hurff, northwest by Case, south by Dick's Point Road and
Holden Avenue, northeast by Blohme; County Tax Map Item No.
1000~110v~2~9..,
7:45 P,M. Application of HELEN & ANITA McNULTY, by John C.
Diller, Box 39, Laurel, New York, for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for approval of insuffi-
cient area and width of parcels to be established in a proposed
subdivision. Location of property: Peconic Bay Boulevard and
Laurel Lane, Laurel; bounded north by Peconic Bay; west by
Thoet, Ehlers, Teter; south by Peconic Bay Boulevard; e~st~by.
Cha~les J'. McNulty Estate. 1000-145-2- part of 001.
7:55 P.M.
Application of SOPHIE RAYNOR, 17 Sound Road,
Greenport, New York, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for approval of insufficient width
and area of parcels to be established in a proposed minor
subdivision, and for approval of access, New York Town Law
So~-tioi'~. 7.80-A. Locat'ion of,,property:' 6'9035 l:~'orth Road,
Greenport; bounded north and west by Tasker, south by North Road,
Legal Notice of Hearings -2-
March 20, 1980 Meeting
east by Straussner, Sfaelos Realty, Brandi.
Item No. 1000-35-1-7.
County Tax Map
8:05 P.M. Application of ROY C. SCHOENHAAR, c/o Gary
Flanner Olsen, Esq., Box 38, Main Road, Mattituck, New York,
for Variances to the Zoning Ordinance as follows: (1)
approval of insufficient width and area of parcels to be
established in a proposed subdivision, Article III, Section
100-31, (2) permission to reinstate preexisting nonconforming
sideyard Setback, (3) approval of access, New York Town
Law Section 280-A. Location of property: South side of Route
25, Mattituck; bounded north by Route 25; west by Matt Agency.,
Jarzombeck, Roth; south by Mellender; east by Pumillo, Hallock,
Steinhart, Jackson, Bilianos. County Tax Map Item No.
1000-143-2-33.2.
8:20 P.M. Application of ELEANOR RUCH, by Richard J. Cronf
Esq., Main Road, Cutchogue, New York for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for appr6val of
insufficient area and width of parcels known as filed Subdivision
Map of Shorecrest Lots No. 1, 4, 15, 17, 18, and 19 at Arshamo-
maque, Southold, New York. County Tax Map Item Nos.
10_00~52~3~20, 22, 25, 29, 30, 31.
8:35 P.M. Application of JOHN CLIFFORD CORNELL, by Richard J.
Cron, Esq., Main Road, Cutchogue, New York for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for approval
of insufficient area and width of parcels known as filed Sub-
division Map of Shorecrest Lots No. 6, 7, 8, 9 at Arshamomaque,
Southold, New York. County Tax Map Item Nos. 1000-52-3-28, 32,
33, 34.
Dated: March 4, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once commencing
Thursday, March 6, 1980 and forward six (6) affidavits of pub-
lication before March 11, 1980 to: Board of Appeals, Town Hall,
Main Road, Southold, New York 11971. (516) 765-1809.
Legal Notice of~earings
-3-
March~20, 1980 Meeting
Copies personally delivered to:
Long Island Traveler Watchman
Suffolk Weekly Times 3/4/80
3/4/80
Copies mailed to applicants or their agents: 3/4/80
Mr. Gerard H. Schultheis, 3 Detmer Road, Setauket, NY 11733
Mr. John C. Diller, a/c Helen & Anita McNulty
Box 39, Laurel, NY 11948 '
Mrs. Sophie Raynor, 17 Sound Road, Greenport, NY 11944
Gary Flanner Olsen, Esq., Box 38, Main Road, Mattituck, a/c of
Roy C. Schoenhaar
Richard J. Cron, Esq., Main Road, Cutchogue, NY 11935, a/c of
Eleanor Ruch and a/c of John Clifford Cornell _.
Copies:
Posted on Town Clerk Bulletin Board 3/4/80
Given to Supervisor W. Pell 3/4/80
Mailed to Board of Appeals Members 3/4/80
LEGAL NOTICE
OF HEARINGS
Pursuant to Section 267 of
the Town Law and Provisions
of the Amended Building Zone
Ordinance of the Town of
Southold, ~Uvblic hearings will
be held y the Board of
Appeals at the Town Hall,
Main Road, Southold, New
York on Thursday, March 20,
1980 on the following:
7:30 P.M. Application of
GERARD H. SCHULTHEIS, 3
Detmer Road, Setauket, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct dwelling with an
insufficient frontyard setback.
Location of propertY: Holden
Avenue and Dick's Point
Road, Cutchogue; bounded
north by Hurff, northwest by
Case, south by Dick's Point
Road and Holden Avenue,
northeast by Blohme; County
Tax Map Item No. 1000-110-2-9.
7:45 P.M. Application of
HELEN & ANITA McNULTY,
by John C. Diller, Box 39,
Laurel, New York, for a Var-
iance to the Zoning Ordinance,
Article :III, Section 100-31 for
approval of insufficient area
and width of parcels to he
established in a proposed sub-
division. Location of property:
Peconic Bay Boulevard and
Laurel Lane, Laurel; bounded
north by Peconic Bay; west by
Thoet, Elders, Teter; south by
Peconic Bay Boulevard; east
by Charles J. McNnity Estate.
1000-145-2- part of 001.
7:55 P.M. Application of
SOPHIE RAYNOR, 17 Sound
Road, Greenport, New York,
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for approval of insuffic-
lent width and area bf parcels
to be established in a pro_posed
COUNTY OF SUFFOLK.
~ ss:
STATE OF NEW YORK, j
minor subdivision, and for
approval of acc~s, New York
Town ~w ~tion ~A. L~
cation of pro~rty: 6~5 Nor~
R~d, Gr~n~rt; ~und~
north and w~t by Tasker,
south by North R~d, ~st by
Stra~sner, Sfael~ R~lty,
Brandi. C~nty Tax Map~Item
No. 1~3~1-7.
8:05 P.M. Application of
ROY C. SCHOE~AR, c/o
Ga~ Flanner Olsen, Esq.,
Box 38, Main R~d, Mattituck,
N~ York, for Varianc~ to
the Zoning Ordinance as fol-
lows: (1) approval of i~fic-
lent width and ar~ of ~rceh
to be ~blish~ in a pro~
subdiv~ion, Article III, sec.
tion 1~,31, (2) ~rmissi0n to
rei~te pr~xisting noncon-
forming sideyard setback,. (3)
a~roval of acc~s, New
Town ~w ~ction ~A. L~
cation of pro~rty: South side
of Route 25, Mattituck; bound-
ed north by Route 25; west by
Matt Agency, Jarzombeck,
Roth; south by Mellender;
east by Pumillo, Hallock,
Steinhart, Jackson, Bilianes.
County Tax Map Item No.
1000-143-2-33.2.
8:~0 P M Annlieatinn Of
--ard J. C, rnn l~.~n M~in R~
~;utcno~ue. New York for a
· -~ananee to tt~e zoning Ordin-
ance, Article III, Section 100.
31 for approval Of insufficient
area and width of parcels
known as filed Subdivision
Map of Shorecrest Lots No. 1,
4, 15, 17, 18, and 19 at Arsha-
momaque, Southold, New
York. County Tax Map Item
Nos. 1000-52-3-20, 22, 25, 29, 30,
31.
8:35 P.M. Application of
JOHN CLIFFORD COR-
NELL, by Richard J. Cron,
CLXs. No. 52-6086885 Expires M~ch
Esq., Main Road, Cutchogue,
New York for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for approval
of insufficient area and width
of parcels known as filed Sub-
division Map of Shorecrest
Lots No. 6, 7, 8, 9 at Arsha-
momaque, Southold, New
York. County Tax Map Item
Nos. 1000-52-3-28, 32, 33, 34.
Dated: March 4, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TM6-3400
LEGAL NOTICE
OF HEARINGS
Prusuant to Section 267 of
the Town Law and. Provisions
of the Amended Building Zone
Ordinance of the Town of
Southold, Public.hearings will
be held ~by~the Board'of
Appeals ~,'the~ Town HalI~
Main Road, Southold, New
York on Thursday, March 20,
1980 on the following:
7:30 P.M. Application of
GERARD H. SCHULTHEIS, 3
Detmer Road, Setauket, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct dwelling with an
insufficient frontyard setback.
Location of property: Holden
. Avenue and Dick's Point
Road, Cutchogue; bounded.
north by Hurff, northwest by
Case, south by Dick's Point
Road and Holden Avenue,
northeast by Blohme; County
Tax Map Item No. 1000-110-
2-9.
7:45 P.M. Application of
HELEN & ANITA McNULTY,
_hr .-Iah~ C. I~il.t~r_ Rax 39_
reinstate preexlsHng noncon-
forming sideyard setback, (3)
approval of access, New York
Town Law Section 280~A.
Location of property: South
side of Route 25, Mattituck;
bounded north by Route 25;
west by Matt Agency, Jar-
.zombeck, Roth; south by Mel-
lender; east by Pumillo, Hal-
lock, Steinhart, Jackson, Bil-
ianos. County Tax Map Item
; No. 1000-143-2-33.2.
_ 8:20 P.M. Annlica~ion of
ELEANOR RUCH. bv Richar~ff
J. Cron. Eso. Mare Koa~-
~[ [ /' !
Cutcho~ue. N~w ~ork for a
"Variance to the Zoning Ord~n~
ance, Article III, Section 100-
31 for approval of insufficient
area and width of parcels
known as filed Subdivision
Map of Shorecrest Lots No. 1,
4, 15, 17, 18, and 19 at
Arshamomaque, Southold,
New York. County Tax Map
Item Nos. 1000-52-3-20, 22,
25, 29, 30, 31.
8:35 P.M. Application of
JOHN CLIFFORD CORNELL,
by Richard J. Cron, Esq.,
Main'Road, Cutchogue, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
insufficient area and width of
parcels known as filed Sub-
division Map of Shorecrest
Lots No. ~, 7, 8, 9 at
Arsharnomaque, Southold,
New York: County Tax Map
Item Nos. 1000-52-3-28, 32,
33, 34.
Dated: March 4, 1980
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
~T, ~/~/S0~(£yi)
COUNTY OF SUFFOLK
STATE OF NE'~¥ YORK
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,
r, os been published in said Long Island Traveler-Watch-
man once each week for ............ / .......................... weeks
successively, commencing on the ~
Sworn to before me this
Notary Public
CLEMENT d. THOMPSON
NOTARy PUBLIC, State of New
No. 52-9321725
FORM NO. 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
~.o..-..~e....N. .... 7 .............. ~.Z~ ~ ~u~ ~')".
PLEASE TAKE NOTICE that your application dated ......................... ../~...~....~.. ....... ~..,
for permit to ~ ........................................ at tine premises located at ..,~, ................................
..~..E. ...... ~.~.~ ............................ ~ /~T /~~,o~ ~ ~uk'-
~o~ ........ ~.~..~..~ .......... ~,o~ ........................................... ~.-~o,..!?~..L~,.:.~.z,...~.~,..~.~....,~
returned herewith and disapproved on tine following grounds ....(..N'...~...~...~,,./...~....E..../~'...~. ....................
..... ,~.~ ...... .~.~.~.?..~. ....... .~:.~Z~ ............... ~.~Z ..... ~ ....... ?.?..'..~/.. ......................
Building Inspector
TOWN OF'SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
O
APPEAL NO. ~ ~,/~
D^TE. ?..8.°
TO THE ZONING BOARD OF.APPEALS, TOWN OF SOUTHOLD, N. Y. ELEANOR RUCH,b'y
1, X~K.R.ICHARD J' CRON~ as attorne~f Main Road
Nome of Appella,n.t Street and Number
............................... ..C..u...t..c..h...o.~..u..e. ........................................... .N..e...w....Y...o..r...k. ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
NOTICE OF DISAPPROVAL
................................... DATED....'..r r.t .T..-. ~Z....'r...'?.... ~.:.~..". .........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
ELEANOR RUCH
Nome of Applicant for permit
of ~, 54300 North Road Southold New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO SUBDIVIDE PROPERTY
Street Use District on Zoning Map
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New Yo~k Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (l~JX(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 vario~ce
and was made in Appeal No ...... ..:'.~ ..................... Dated ......................................................................
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
!
isrequested'fer'the reasonthat applicant wishes
filed n%9~p of Shorecrest at Arshamomoque
map as it was filed on April 6, 1971,
Office.
to sUbdivide lots. on the
in accord with the smbdivision
in the Suffolk County Clerk's
~orm zmz (Continue on other side)
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sa ry HARDSH I P because
See sheet hereto attached and madera part hereof.
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 the conditions affecting the
filed subdivision lands are peculiar to it and do not have applica-
bility to other land in ~he vicinity.
There are no adjoining subdivisions which would.require the
peculiar type of relief herein requested upon the facts hereinabove
pr~semted.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the area would remain strictly residen-
tial in use and contain land parcels substantially in accord with
those set forth on the filed subdivision map. In addition, and of
great importance as a considera~on for the relief requested, is the
fact that the entire subdivision has been improved with the roads
as laid out on the subdivision map and suitable drainage and sump
area in accord with the Town of Southold specifications.
COUNTY OF SUFFOLK )
Eleanor Ruch
Sworn to this ........ ~..?. .......................... day of..i ........ ~.e..b...r..u."a'.r.Z ......................... 1980
............ ,;;' ' ........ /-- ....................
JANE FLATLEY
NOTARY PUBLIC, State of New Yo~k
No. 52-4665418, Suffolk County~.~
Comrni.~sion Expires March ,30,
REASON FOR APPEAL
1. STRICT APPLICATION OF THE ORDINANCE would produce practical
difficulties or unnecessary· HARDSHIP because a number of lots in
the subdivision have already been conveyed to other parties. In
addition, two of said lots contain impravements to the eXtent of
single family residential dwellings,.~ If full compliance with the
area requirements of the Ordinance were mandated, it would result
insofar as the applicant is concerned with one substantial and
odd-sized lot comprising Lots 18 and 19. With respect to Lots 1
and 4 no further revision would be possible due to the fact that
Lots 2 and 3 have heretofore been granted variances as substandard
lots in order to complete instalation of a sump and drainage area
at great cost to the applicant. As to Lot 15, it is sandwiched
between two lots owned by another party, and thus, could not be
increased in size. Lot 17 has a residential dwelling constructed
thereon and cannot now be . enlarged in size.
It was not until recent date that it was determined that the
subdivision map was not one of those excepted from the provisions
of the Zoningi!Ordinance which required an area for each lot of
40,000 sq. ft. Most of the lots in the subdivision contain 150
feet or in excess thereof of road frontage. Each lot contains an
area substantially in excess of the 20,000 sq. ft. lot requirement
that was in force and effect at the time the map was filed in 1971.
In the light of the foregoing, it is clear that the granting
of the required area and/or width variances requested by the appli-
cant would be in accord with the relief that the Board can grant,
and a fair and just means for the applicant to aVoid the substantial
practical difficulties with the present lot area requirements of
the Ordinance.
DEPARTMENT OF PLANNING
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
To~n of Southold
Board of APpeals
Hatch 31, 1980
Pursuant to the requirements of Sections 1323 to'1332 of the. Suffolk County Ch~rte.r,
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
Dr. Ralph H. Dickinson
Gerard H. Schnltheis
~ita McNulty
John Clifford Cornell
~/~eanor Ruch
2668
2670
2671
2675
2676
f;CN:Jk
Very truly yours,.
Lee E. Koppelman
Director of Planning
C H:Ef' PLANNER
HAUPPAUGE, L. I.. NEW YORK
· 970-2920
VETERANS MEMORIAL ItlGHW&Y ·
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
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..o.f...Apj).e.a..1.s .............. of the town of..SOU]C~h.O.].d ...................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
Amendment to the zoning ordinance
Zoning changes
Special permits
Appeal No. 2~6
Eleanor Ruch
by Richard 3'~ Cron,
Main Road
Cutchogue, NY 11935
Esq.
.~ ......... Variances Art. III, Sec. 10~)-31
Location of affected land: Shorecrest Subd. Lots No. 1 ~ 4 c 15 ~ 17,18 ,. 1.9..,...~,~'.~ik~,~maque,
within 500 feet of: (check ;~;'~;'~;;~) ........... ~'~6'~';'"~;~'~'"'i'~'6'~'~'2'~L'~ ~';'~'~', 2 5,2 9,3 0,31.
X~ Town or village boundary line, or shore line Arshamomaque Pond
.~ ......... State or county road, parkway or expressway C.R. 27
................ 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: Approval of insufficient area and/or width of parcels known
as Shorecrest Subdivision Lots No. 1, 4, 15, 17, 18, 19, which were
not included in the "Exception" list of subdivisions of the Southold
Town Code. Approved subject to Town Planning Board approval.
Date received by Suffolk County Planning Commission
File No .................................
(signed/Linde F. Kowalski
Secretary
Title
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E.
GORDON
`lAMES WALL
BENNETT ORLOWSKI. Jr.
LJC~_,.GEORGE RITCHIE LATHAM, ,Ir.
'-"""- '- ~Cha~ ~ ~ ~ ~ '"' .2 7:.' "- ..: ':',- ::--':~- '
Main Road --:
Cutcho~e, New York 11935' ' - ~
· < - -. .'~ ~ J. : .'_;_i-~
· -Dear ~. Cron: ~...~ :'-~: ..... ....:
Pursuant to conversation with the Town Attorney, the Southold
Town Planning Board has taken the position that the filed
subdivision map of "Shorecrest" is in effect as a valid subdivision.
On the basis of this decision there is no reason to reapply
for any subdivision of lots within this subdivision.
'~Yours truly,
HER/mt
Copy to Building Inspector
Board of Appeals~
HENRY E. RAYNOR, JR., CHAIRMAN
' SOUTHOLD TOWN PLANNING BOARD
WN OF SOUTHOLD '
SHGRT ENVTRONMENTAL ASSESSMENT FORM
,.INSTRUCTIONS:~
(o)' In order to answer the questions in this short EAF it 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 ail questions have been answered No it is likely thai ibis
project is not significant.
(dj Environmentai Assessment
~ '' Will project resul't in a large physical change
to the project site or physically alter more
than 10 acres of land? ........................ _ _yes ,.No
2. Will there be o major change to any unique or
-.unusual land form found on the site? .......... . ..Yes "/No
3. Will project alter or have a large effect on
existing body of water~ ........
4. Will project have a potentially large impact ,
on groundwater quality? .... · ............ ~ ...... Yes:~/NO_._.
5. Will project significantly effect drainage
flow on adjacent sites? ......................... . ,Yes
'~. Will project affect any threatened or /No
endangered plant or animal species? ........... , Yes,
7. Will project result in o major adverse effect &'/No'
on air quality? ............................... Yes
8. Will project have a major effect on visual
character of the community or scenic views or /'/No
vistas known to be important to the community?. Yes
~. ¥~ill project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
Yes No
by o local agency? ............ ~--'~'~'¥"""~'"'''~ . ,.
10. Will project have.a major effect on existing
or future recreational opportunities? ......... , ~es_jNo
11. Will project result in major traffic problems
or cause a major effect to existing
transportation systems? ....................... . Yes,°'/Ne, .
12. Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance as a result of the project's
operation? .................................... Yes. ~_ No
13. Will project have any impact on public health
Yes/No
or.salAry? .............................
14. Will project affect tile existing ~;mmunity
directly causing a growth in permanent
population of more than 5 percent over a one
year period or have a major negative effect
on the character of the community or
Yes Z/No
neighborhood? ................................. ..
15, Is there public controversy concerning the
Yes o
project?..--~ .......................... .
PREPARER'S sIGNATuRE //// ", /
·
~K
JUDITH T. TERRY -
TOWN CI~RK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 1 1971
TELEPHONE
(516) 765-1801
February 28, 1980
To:
F rom:
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2676 application of Eleanor Ruch
for a variance. Also included are notification to adjoining property owners
as follows: Harold & Eve Servin, 138-10 Franklin Ave.,Flushing, N.Y. 1355;
Janine Holder, 88 Peters Ave., Hempstead, N.Y. 11550; Frank A. Battel, 160
Overlook Ave., Apt. 20 B, Hackensack, N.J. 076Q1; Peter Papantoniou&Wf.,
31-33 32nd St., Long Island City, N.Y. 11106; $1fred Caiola & Wf., 2330
Lodoyick Ave., Bronx, N.Y. 10469. ~. ~rry~y~' ' ~T
Town Clerk~
JTT/bn
c~:f~
T
PI D
HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
Southold, N.Y. 11971
March 14, 1980
TELEPHONE
765-1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 10, 1980.
RESOLVED to report to the Zoning Board of Appeals on its
request for an over-view of the property of Eleanor Ruch, known as
lots l, 4, 17, 18 and 19 on filed subdivisio~""map of "Shorecrest
at Arsho_momaque" that the Planning Board finds no objection.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By M~o1 Tolman, Secretary
New York State Department of Environmental Conservation
Regulatory A~fairs Unit
Bldg. 40, SUNY - Room 219
Stony Brook, New York 11794
516-751-7900
Robert F. Flacke
Commissioner
March 18, 1980
Southold Zoning B6ard of Appeals
Southold ToWn Hall
Ma~n Road
Southold, New York 11971
Dear Sirs:
Re: Mc Nulty Subdivision
Since this proposed subdivision fronts on Great Peconic Bay, a Tidal
Wetlands Application will have to be submitted. Minimum lot size will
have to be 40,000 sq. ft.
Re: Zebroski Subdivision
Since this proposed subdivision is adjacent to James Creek and its
associated wetlands, a Tidal Wetlands Application will have to be submitted.
Minimum lot size will have to be 40,000 sq. ft.
Re: Ruch Subdivision
.f This project is more than 300' from Hashamomack Pond
and
its
~rsh
tinge. Therefore, no Tidal Wetlands Application will be necessary for this
proposal.
Very truly yours,
Robert N. Thurber
Environmental Analyst
RNT:ll
cc: R. Thurber
File
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119~1
TELEPHONE (516) 76§-1809
APPEALS BOARD
MEMBERS
CHARLESGRIGONIS, JR~ Chai:rma~
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUG LASS
Gerard P. Goehringer
TYPE II ACTION DESIGNATION
NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
Pursuant to Section 617.13 of the New York State Department
of Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Town Law of the Town of Southold, Section
44-4B, the Southold Town 'Board of Appeals has determined that the
following project is classified as a Type II Action not having a
significant effect on the environment and will not require any
other determination or procedure.
DESCRIPTION OF PROJECT
ApReal No. 2676. Application of ELEANOR RUCH, by
Richard J. Cron, Esq., Main Road, Cutchogue, New York 11935.
Location of Project: Shorecrest Subdivision filed Map
No. 55'84, Subdivision Lots No. 1, 4, 15, 17, 18, 19. County
Tax Map Item Nos. 1000-52-3-20, 22, 25, 29, 30, 31. Stony
Shore Drive, Bayberry Lane, North Road at Arshamomaque, New York.
Permission Requested: Variance for approval of insuffi-
cient w~h '~nd/or area of parcels located in a filed subdivision,
which map was not included in the Town's list of excepted subdivi-
sions. Art. III, Section 100-31.
Documents on File: Appeal Application, Notice to Adjoining
Neigh~-~, 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 Map 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 1197].; tel. (516) 765-1809.
Dated: February 28, 1980.
Posted on Town Clerk Bulletin Board 3/4/80.
Copy to Super=isor W. Pell, N.Y.S. Dept. of Environmental Con-
servation, Suffolk County Health Dept., County Planning Con%mission.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
ELEANOR'. RUCH
to the Board of Appeals of the Town of Southold
NOTICE
TO:
PETER PAPANTONIOU and WIFE ALFRED CAIOLA and WIFE
31-33 32nd:Street ...... 2330 Lodoyick Avenue ' '
Long ISland City~ N.~Yo 11106 ' .' Bronx, New York 10469
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of APpeals of the Town of $outhold
to request a (Variance) ·
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Lot ~ on Map of Shorecrest at Arshamomoque as filed in the
Suffolk County Clerk's Office as Map no. 5584.
3. That the property, which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural
4. That by such Petition, the undersigned will request the following relief: Area and/or width variances
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: Article 3, Section 100-31 and Bulk SChedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of App{a!s; that a notice of such hearing must be published at least five days.prior, to the date of such
.hearing in the'$uffoll~' 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: February 27, 1980 .
HARD J. CRON, as attorney
ost Office Address Main Road
Cutchogue, New York 11935
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
Peter Papantoniou and Wife
Alfred Caiola and Wife
31-33 32nd Street.
Long ISland City, New York 11106
2330 Lodoyick Avenue
Bronx, New York 10469
PS Form 3800, Apr. 1976
PS Form 3800, Apr. 1976
OPI'IONAL SERVICES mo :~
--RETURN RECEIPT SERVICE/ m~ "" m~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
JANE W. FLATLEY ~ . , residing at Mattituck, New York
, being duly sworn, deposes and says that on the _2~ day
of February ,19 gO., 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 at the United States Post Of-
fice at Cutebogue .. ; that said Notices were mailed to each of said persons by
(certified) (registered) mall. ' "
Sworn to before me this 27th
~' RICHARD J. CRON ~
JqOTARY PUBLIC, State of New York
No. 52-5861280 ' Suffolk Counht_
Commission Expires Mamh 30. 19~
· Flatley ~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of - .
ELEANOR RUCH
to the Board of Appeals of the Town of Southold
TO: HAROT.D SERVTN 'and
EVE SERVIN
138-10 Franklin Ave~e
Flushing' New York'~t355
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
JANINE HOLDER
88 Peters Avenue
Hempstead, N.Y. '1:11550
FRANK A. BATTEL
160 Overlook Avenue, Apt. 20B
Hackensack, New Jersey 07601
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribedasfoli°WS: Lot 15 on Map of Shorecrest at Arshamomoque as filed in the
Suffolk County Clerk's Office as Map No. 5584.>
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural
4. That by such Petition, the undersigned will request the following relief: Area and/or width variances
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article 3, Section 100-31 and Bulk Schedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; thata 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: February 27, 1980 ~R Hby
CRON, a t to rney
Post Office Address Ma in Road
Cutchogue, New York 11935
NAME
HAROLD SERVTN and
EVE SERVIN
PROOF OF MAILING OF NOTICE
ADDRESS
138-10 Franklin Avenue
Flushing, New York 11355
JANINE HOLDER
FRANK A. BAT~EL
88 Peters Avenue
Hempstead, New York 115501'
160 Overlook Avenue, Apt. 20B
Hackensack, New Je~,wey 07601-
PS Form 3800, Apr. 1976
I I~S Form 3800, Apr. 1976
RI -~ I rnuem T ~Le, TMARTER FOR FEES
P~Form 3800, Apr. 1976
~1 ~ CONSULT POSTMRSTER FOR FEES
~,~'~* ~ RETURN ,i:CEIPT SERVICE ~ ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
JANE W. FLATLEY , residingat Mat'titUck, New York;
· , being duly sworn, deposes and says that on the 27th day
of February ,19 8 0 , 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 ass_essme, nt roU ,qf~ the ,,ToWn of Southold; that said Notices were mailed at the United States Post Of-
fice at Gutcl%o~9/e '- ~' '~. '. ,' '~.. '.'
..... . :, -,: .. · ~. ; that said Notices were mailed to each of said persons by
(certW~ed) ~qli:~llr~l~) mad. '- ',- *'
Sworn to before me'his . 27th
day of ...F. ebr~ua.~ ,//',..t~ ~0~
ICHARD J. CRON
NOTARY PUBLIC, State of ~ew York
No. 52-586 ~ 280 - Suffolk Count~e~
~ir,~o~j E,v, aire~ March 30, i~Ci~
Richard J. Cron, Esq.
Main Road
Cutchogue, New York
Dear Dick:
~tit
11935
Re:
Map of Shorecrest
This is in reply to your letter of January 2,. 1980 in relation to Shorecrest.
According to my review of the history of this subdivision, the subdivision map
of Shorecrest was filed_in the Suffolk County Clei'k's Office on April 6j 1971,
at which time the lot sizes shown on the map conformed with the then existing
zoning requirements.
The zoning code and zoning map were each amended on November 23, 1971-
to require a minimum lot size of 40, 000 square feet.
Under Section 265-a of the Town Law, any revision of a zoning code which in-
creases the lot area in excess of the lot area shown on a filed subdivision map, _
shall not apply to such subdivision map for a period of three.years after the date_
of filing of such map in- the County Clerk's Office. Accordingly, the increase in
lot area requirements by reason of the November 23, 1971 zoning amendment
would not be applicable to the lots mt Shorecrest until April 6, 1974. (three-
years from the map filing).
By reason of the foregoing, I do not agree with your contention that it was an
oversight nOt to include this subdivision in Section 100-12 as an excepted sub-
division.
The purpose-of excepting the subdivisions ~li'sted in Section 100~12 of the zoning' ,,
code from the lot~areas and lot width requi'raments of the amended code was to ,_
permit development of lots in the listed subdivisions without obtaining variances,
because at that time, such subdivisions ~vere either substantially developed or
substantially sold-out (held in single and separate ownership). In 1971, at the
time of the enactment of the zoning amendment which increased lot areas, Shore-
crest was neither substantially developed nor substantially sold-outo.
Since the current lot size requirements of the code will only apply to lots
in Shorecrest subsequent to April 6, 1974, any lots conveyed prior thereto
and held in single and separate ownership would not be affected. In view of
-2-
this, it.m_.~.~y.:%~ell .be that, only a few contiguous lots still owned by the de~qoper 'P
wilI require' variances.----It is'my recollection ~ha~ the 10ts adjacent'to th~ re-
charge basin have already been granted area variances by the Board of Appeals...
Yours very truly,
RWT :fae
ROBERT W. TASKER
CC:
Messrs. Wm. R. Pell, III, Supervisor
John J. Nickles
Lawrence ]VIurdock, Jr.
George R. Sullivan
Henry Drum
516 704-5100
· January 2, 1980
Town Board of the
Town of Southold
Town Clerk's Office
Southold, New York 11971
Re:
'Map--of~-Shorecres'ty
Si-~uate~at~A=shamomaque
'Southold, New. York,
Map No. 5584
Dear Sirs:
In the course of conveying Lot ~7, on Map of Shorecrest,
an appl~cati'or~was made by the purchaser for a..Certif~cate"of
.Occupancy for vacant land. Much to everyone's surprise, the
app lica tion-for-the-Cer tifica te~ of-Occupancy-wa s'''d isapproved
on the basis that the Map of Shorecrest subdivision did~not-
mee t~the-current-z oning-requir ement s ~of-the -Town- o f-- Sou tho Id .....
That this map was ,not'~one~of-those~excepted under the
Zoning Ordinance is somewhat surprising in that the map-was--~
~iled_prior~to_the~ad opt 10n-of-~he~Zoning- Ordinance-requiring--
_40,000-sqv-,f'Tr-lots-: Apparently, this came to no one's atten-
tion until this present situation.
We believe that this was clearly an oversight on the
adoption of the exceptions listed in the Ordinance. A review
of the history of this transaction' would indicate that some--
~compromise~had~been~-made at the time this map was filed.
In this regard, the--map~had' originally-been~"~prepared "as~one-~
-ha-lf acre-tots-and~-when-the-Zoning'Ordinance requiring
~40,000 sq. -~ft.--lots _went into .effect, ~, the lots ~-were -.-increased
--to two-third -acre size:-'
- 4 !980
'TOWN OF SOUTHOLD
Town Board of the
Town of Southold
O
· January 2, 1980
Page Two
.The Board, I'am sure, is well aware of the fact that sub-
stantial improvements have been made to satisfy the Town of
Southold~with respect to a sump area in this subdivision. We
trust that the~Board-wi-~.l~agree-that~action should_be~,taken~.~o
ist-th~s"subdivis~orr~as~one-'o~he~exceptions~in~.the~Southold___
own-Zoning-Ord'i~an~ at the earliest possible date. You can
&ppreciate, I am sure, that this is absolutely essential in
order to avoid the necessity of appearing before the Zoning
Board of Appeals and securing variances with respect to each
of the lots in the subdivision.
May we kindly have the prompt reply of the Board to deter-
mine what action will be taken in this instance.
Si~
c/jf
cc: Robert W.. Tasker, Esq.
Orig.
Co;':,:s (/ T.C. l/ T.B. A"-,~:7-
Adg. Date
File .....
TOWN OF SOUTHOLD
7~! o} "
19. lA(c)