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TOWN OF SO]~rHOLD, NEW yOKK
ACTION OF THE ZON~G BOARD OF AFPEALS
Appeal No. 2655
Dated December 4, 1979
ACTION OF THE ZONING BOARD OF APPEAJ~S OF THE TOV~N OF SOUTHOLD
To
Mr. Robert Waddington,
Tuthill's Lane
Aquebogue, NY
Jr. (Richard F.
Main Road,
Lark, Esq. AppeRant
Box 973, Cutchogue, NY 11935)
at a meeth~g of the Zoulng Board of Appeals on January 22, 1980,
was considered and the action indicated below was taken on your
(X) Request for variance due to lack of access to property NY Town Law 280A
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31
( )
the appeal
1. ~~XBy resolution of the Boa~ it was determined ~at a special exception ( ) be
granted ( ) be deuled pursuant to ~ticle .................... ~ction .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and ~e decision of the Building Inspecinr ( ) be reversed ( ) be
confirmed b~ause 1/17/80 7:50 P.M. Application of ROBERT WADDINGTON, JR.,
Tuthill's Lane, Aquebogue, New York (Richard F. Lark, Esq.) for
Variances to the Zoning Ordinance, Article III, Section 100-31
for permission to construct dwelling with insufficient frontyard
setback and for approval of access pursuant to New York Town Law
Section 280A. Location of property: Miami Avenue and Soundview
Avenue (private street), Peconic; bounded north by Mathal Realty
Corp. Inc., southeast by Miami Avenue, southwest by Soundview Avenue
(private street) and northwest by Booth. County Tax Map Item No.
1000-67~6~16.
(SEE REVERSE)
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)
practical difficulties
(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)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(SEE REVERSE)
(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.
ZONING BOARD OF APPEALS
FORM ZB4
After investigation and inspection, the Board finds that the
applicant is requesting permission to construct dwelling with an
insufficient frontyard setback of 16 feet and approval of access
off Miami Avenue, an old subdivision street not dedicated to the
Town. The subject premises has two frontyardsinasmuch as it is
considered a corner lot, and is approximately 48 feet in width.
The Board finds that the circumstances present in this case
are unique and that strict application of the applicable laws
would produce practical difficulties and unnecessary hardship.
The Board believes that the grant of a variance in this case and
approval of access will not change the character of the neighborhood
and will observe the spirit of the ordinance.
On motion made by Mr. Tuthill, seconded by Mr. Douglass,
it was
RESOLVED, that ROBERT WADDINGTON, JR., Tuthill's Lane,
Aquebogue, New York by Richard F. Lark, Esq. BE GRANTED permission
to construct dwelling with an insufficient frontyard setback of
16 feet as applied for and BE GRANTED approval of access off Miami
Avenue, subject to the recommendations of the Suffolk County
Planning Commission pursuant to Section 1332 of the Suffolk County
Charter.
Location of property: Miami Avenue and Soundview Avenue
(private streets), Peconic, New York; bounded north by Mathal
Realty Corp, southeast by Miami Avenue, southwest by Soundview
Avenue, northwest by Booth. County Tax Map Item No. 1000-67-6-16.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass and
Tuthill. Absent: Messr. Doyen.
APPROVED
IRECEIVED AND FILED BY
SOm,IOLD TOWN CUmK
DATE//~3/~ HOUR ~ ;J~/~. ~7~
Town Clerk, Town of Southold
LEGAL NOTICE
OF
HEARINGS
Pursuant to Section 267 of Town Law and the Provisions of the
Amended Building Zone Ordinance of the Town of' Southold, New
York, public hearings will be held by the Zoning Board of Appeals
Town Hall, Main Road, Southold, New York on Thursday, Janu-
ary 17, 1980 on the following appeals:
7:30 P.M. Application of 'ROBERT F. LARSON, 72A Nassau Point,
Road, Cutchogue, New York (John M. Czgier, Jr.,'Esq.) for
Variances to the Zoning Ordinance: (a) Article III, Section
100-30(2) (c) for permission to keep pony & horse for personal
use with less than 40,000 square feet devoted to such use on
the subject premises, and (b) Article III, Section 100-32
for permission to construct accessory stable in frontyard area.
Location of property: Nassau Point Road and Bridge Lane,
Cutchogue; Nassau Point Map No. 156A, Lots 130 and 129; bounded
north by Hillmer, west by Bridge Lane, south by Nassau-Point
Road, west by Roche.
7:40 P.M. Application of SOL BERG, 3810 Pine Neck Road,
Southold, New York (John Bertani Builder Inc., agent) for a
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to construct accessory structure in frontyard
area. Location of property: 3810 Pine Neck Road, Southold;
bounded north by Pollert, Gibbons, Hamilton, Conroy, Pulitzer
and Jockey Creek, west by Marchese, south by Pine Neck Road,
east by Jockey Creek. County Tax Map No. 1000-70-6-33.
7:50 P.M. Application of ROBERT WADDINGTON, JR., Tuthill's
LaneI Aqueboque. I New York~ IRichard F. Larkt Esq.) for a
Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to construct dwelling with insufficient frontyard
setback, and for approval of access pursuant to New York Town
Law Section 280-A. Location of property: Miami Avenue and
Soundview Avenue (private street), Peconic; bounded north
Legal Notice of Hearings -2-
January 17, 1980
by Mathal Realty Corp., Inc., southeast by Miami Avenue,
southwest by Soundview Avenue (private street), and northwest
by Booth. County Tax Map No. 1000-67-6-16.
8:05 P.M. Application of EMANUEL M. KONTOKOSTA, (by Richard F.
Lark, Esq.) 26 Court Street, Brooklyn, New York, for a Specia
Exception to the Zoning Ordinance, Article V, Section
100-50B(3), (4) and C(2), for permission to erect 28-unit
apartment complex with 21 motel units and coffee shop. Loca-
tion of property: Shipyard Lane, East Marion; bounded north
by Parkside Heights Co., east by Shipyard Lane, south by
Gardiners Bay, west by Parkside Heights Co.
31, BY ORDER OF THE SOUTHOLD TOWN
Dated:
December
1979.
BOARD OF APPEALS
Instructions.to newspaper(s):
Please publish once, commencing the week of January 1,~ 1980
and forward four (4) affidavits of publication to: Board of
Appeals, Town Hall, Main Road, Southold, New York 11971, before
January 7, 1980.
LEGAL NOTICE
OF
ttEARI~GS
~ant to Seciion 267 of
Town Law and the Provisions
of the Amended Building Zone
Ordinance of. the Town of
Seuthold, New York, public
heatings will be held by the
Zoning BOard-of APpeals,
Town Hall, Main Road,
Southold, New York, on
Thursday, January 17, 1980,
on the following appeals.
7:30 P.M. Application of
ROBERT F. LARSON, 72A
Nassau Point Road, Cutch-
ogue, New York (John M.
Czgier, Jr., Esq.) for Vari-
ances to the Zoning Ordin-/
ance: (a) Article IH, Section
100-30 (2) (c) for permission to
keep pony & horse for
l~ersonal use with less than
40,000 square feet devoted to
such use on the subject
premises, and (b) Article HI,
Section 100-32 for permission
to construct accessory stable in
frontyard area. Location of
property: Nassau Point Road
and Bridge Lane, Cutchogue;
Nassau Point Map No. 1S6A,
Lots 130 and 129; bounded
north by Hillmer, west by
Bridge Lane, south by Nassau
Point Road, west by Roche.
7:40 P.M. Application of
SOL BERG, 3810 Pine NeCk
Road, Southold, New York,,
(John Bertani Builder inc.,
agent) for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
to construct accessory struc-
ture in frontyard area. Loca-
tion of property: 3810 Pine
Neck Road, Southold; bounded
north by Pollert, Gibbons,
Hamilton, Conroy, Pulitzer'
and Jockey Creek, west by
Marchese, south by Pine Neck
Road, east by Jockey Creek.
County Tax Map No. 1000-70-
6-33.
7:50 P.M. Annlication of
ROBERT WADDINGTON .IR.t ,
Tuthill's Lane~ AqueboRue.
'New York, (Richard F. Lark,
Esq.) for a Variance to the/
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct dwelling with
insufficient frontyard setback,
and for approval of access
pursuant to New York Town
Law Section 280-A. Location of
property: Miami Avenue and
Soundview Avenue (private
street), Peconic; bounded
north by Mathal Realty Corp.,
Inc,, southeast by Miami
Avenue, southwest by Sound-
view Avenue (private street),
and northwest by Booth.
County Tax Map No. 1000-67-
6-16.
8:05 P.M. Application of
EMANUEL M. KONTOKOS-
TA, (by Richard F. LarL Esq.)/.
26 Court Street, Brooklyn,
New York, for a Special
Exception to the Zoning
Ordinance, Article V, Section.
100-50B(3), (4) and C(2), for
permission to erect 28-unit
apartment complex with 21
motel units and coffee shop.
Location of property: Shipyard
Lane, East Marion; bounded
north by Parkside Heights Co. ,~
east by Shipyard Lane, south
by Gardiners Bay, west by
Pa~,kside Heights Co.
Dated: December 31, 1979
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEAL.Sd
IT, 1/3/80 (1079~'
C'OUNTY OF SUFFOLK
STALE OF NIPvV YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
3nd that the notice of which the annexed is a printed copy,
r. as been published in said Long Island Traveler-Watch-
man once each week for ................ / ...................... weeks
successively, commencing on the ..... ~.. ..............................
Sworn to before me this ....L. ............... do¥ or
Notary Public
AHTOII~[TTE lt£RKOSKI
NOTARY Pt;gl{C, ?a*~ of New York
ReS~d ~ . b~ ~olk County
~. 52-4500796
~mission Expires March 30, 19~
LEGAL NOTICE
OF
HEARINGS
Pursuant to Section 267 of
Town Law and the Provisions
of the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals,
Town Hall, Main Road, South-
old, New York on Thursday~
January 17, 1980 on the follow-
ing appeals:
7:30 P.M. Application o!
ROBERT F. LARSON, 72A
Nassau Point Road, Cut-
chogue, New York (John M.
Czygie~, Jr., Esq.) for Var-
lances to the Zoning Ordin-
ance:. (a) Article III, Section
100-30(2)(c) for permission to
keep pony & horse for personal
use with less than 40,000
square feet devoted to such
use on the subject premises,
and (b) Article III, Section
100-32 for permission to con-
struct accessory stable in
frontyard area. Location of
property: Nassau Point Road
and Bridge Lane, Cutchogue;
Nassau Point Map No. 156A,
Lots 130 and 129; bounded
north by Hillmer, west by
Bridge Lane, south by Nassau
Point Road, west by Roche.
7:40 P.M. Application of
SOL BERG, 3810 Pine Neck
Road, Southold, New York
(John Bertani Builder Inc.,
agent) for a Variance to the
Zoning Ordinance, Article III,
Section 100-32 for permission
to construct accessory struc-
ture in frontyard area. Loca-
tion of property: 3~10 Pine
Neck Road, Southold; bound-
ed north by Pollert, Gibbons,
Hamilton, Conroy, Pulitzer
and Jockey Creek, west by
Marchese, south by Pine Neck
Road, east by Jockey Cre/~k.
County Tax Map No. 1000-70-6-
33.
7'~fl P ~ Amnllt,~titnn
ROBERT ~/~)DINGTON
OK.. 'l'utl~ilV~
.bo ue,
i~-,,_ wsN I Ior a variance to
the Zoning Ordinance, Article
III, Section 100-31 for permis-
sion to construct dwelling with
insufficient frontyard setback,
and for approval of access
COUNTY OF SUFFOLK,
pursuant tO'New York Town STATE OF NEW YORK. j
Law Section 280-A. Location of
property: Miami AVenue and
Soundview Avenue (private J0~N ~T.~
street), Pec0hie;~ bliffflded ...................................... being duly Sworn,
north by Mathal Realty Corp., ~
Inc., southeast by Miami Ave- says that ........ }s Printer and Publisher of the SUFFOLK
nue, southwest by Soundview
Avenue (private street)~ and WEEKLY TIMES, a newspaper published ~rt Greenport, in said
northwest by Booth." Co--hnty
Tax Map No. 1000-67-6-16, cou.nty~ and that the notice, of which the annexed is u printed
8:05 P.M. Application of
EMANUEL M. KONTOKOS- copy, ~has been published in~ t'.he said Suffolk Weekly Times
TA, (by R/..~rd 'F. Lark,
Esq.) 26 Cou~t~Jt/'eet, Brook- once in each week, ~or ............................ weeks
lyn, New York~ for a Special th
Exception:to ~ Zoning Ord- successiv/;Iy commencing on the ..........................
inance, Ar. tic~e V, Section 100-
50B(3), (.4)~a/ld C(2), for per- .................. January 19 80
mission to erect 2S-unit apart- day of ' ':¥__' ...... ':.l
ment complex with 21 motel
units and coffee shop. Loca ........... 5;/zW'.~ · · · ~ r .......................
tion
of
property:
Shipyard
to be/ore me this ...~. ......
Lane, East Marion; bounded Sw. orn
northb~'.Pa~ide,!teights ~ ........ . 19.~. I /
Co.,...'!~'--~ne, day of .~~~t~,/~i~~)~j~. ~ ~
sou~Yi~.;a~'~'~_ay,~#es t
by l~.r~dd H~,h~.' ~:
Dat~.." ~i~r 31,
' ;~.' BYDRDEROF
TOWN
Bb'iRD OF APPEALS
1TJ3-3381
FORM NO. ~
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
7
File No ................................................................. Dale ........................................................ ,
PLEASE TAKE NOTICE tho' your opplicafion da,ed ....................... ~ ..... ~.C.'~ .... , 19.~.~
for permit to construct .~~[.~ ....... ~at ~h~premises Iocoted a~ ............. ~{~.~/....~-
~ Block
Mop ................................................................................ Lot ................................................ is
returned herewith and disapproved on the following grounds ....... ~.~.~.~f..~.~-~ ..................
Building Inspector
O ·
TOWN OF SOUTHOLD, NL~V YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ..~.e..~.e....z~...e..~....4..,... 1 g 7 g
TO THE ZONING' BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellon.t Street and Number
Aquebogue
Municipality
.~.~.~...¥.9~Y,, .......... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....N,9,.v.e....m]?.e...r....7.,..,1...9.7..9. ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
Robert Waddington
Name of Applicant for permit
of .... .T..u...t~,..i, .1..1..'..s....L.,a..n..e, :....A..q..u..e..b...o..g..u..e. :....N..e..w....Y..o..r..k.. .......................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..M..i...a~...i....A..v..e..n..u..e.....a-9...d....s..°~.u.9....d~..v.~i..e..w.. A..v. gnue¢ Peconig., New York
Street Use District on Zoning Map
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III, Section 100-31 and Section 100-34 and Section 280A of the Town Law
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance: or Zoning Map
(x) A VARIANCE due to lack of access (.State of New York Town Law Chap, 62 Cons. Laws
Art. 16 Sec, 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (~n~) (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)
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that Petitioner wishes to construct~ a dwelli, ng on a .lot with
insufficient front yard .under' the' Current zoning' ordinance On property located at
"Miami AvenUe", peCOnic, New ~ork, and obtain approval of the right-of-way known
as "Miami Avenue", all as shown on attached survey of Van Tuyl & Son dated July 7,
1971, which is attached hereto as Exhibit A.
~'onn
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
so~.HARDSHIP becau~ Petitioner is contract vendee on the subject parcel of land
which is rectangular in shape situated on the corner of "Sound. View Avenue"_ a~d '~Miami
Avenue", Peconic, New York, as they appear on the "Map of Bailey Park" which was filed
in the Suffolk County Clerk's Office on September 26, 1932 as Map No. 1097. "Sound
View Avenue" is shown on the m~p as being 40 feet in w~idth, but ~ reality has never
been developed and is nothing more than a cart path through the woods. "Miami Avenue"
is shown on the filed map as being 50 feet in width; however, it also has never been
fully developed in that approximately 15 feet is cleared to allow vehicular access from
Mill Road to this new road and the two houses currently on this road.
The subject, parcel is an undersized b~ilding plot by today"S zoning standards having
been held in single and separate ownership since March 30, 1938 . The lot itself has'
48.4 feet on "Miami Avenue" with a depth of 140.4 feet. The Building Inspector of the
Town of Southold has ruled that this is a corner lot under the zoning ordinance because
it has frontage on two streets on a filed map. As seen from "Exhibit A" it is highly ~im-
-'probable ~ to construct a modern dwelling on this parcel and co~form to the two, 50 foot
front yard requirements of the existing Zoning Ordinance. Your Petitioner proposes to
erect a two-story dwelling 20 feet by 35 feet and have it front on "Miami Avenue" with a
setback of 50 feet. This would create a rear yard'of 55 feet and it is proposed to con-
~truct the house 16 feet from the westerly property line Which is "SOund View Avenue".
This in essence would leave a side yard, but due to Section 100~34. of the Zoning Ordinanc
it is also deemed a front yard for which a variance is beir~g requested in order to erect
a house on this lot ·
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 although shown on the filed map of "Bailey
Park", "Sound View Avenue" was never developed and the proposed 16 foot front yard will
be in essence a side yard.
3. The Variance would observe the .spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the residential neighborhood has been established for
a Long time prior to the enactment of the Zoning Ordinance of the Town of Southold and
the existing building lots thereon are non-conforming in some respect under the current
Town of Southold Zoning Ordinance. An inspection of the neighborhood reveals it is
basically one of substandard lots by today's zoning standards. By the granting of this
variance and to enable the construction of a home on this parcel will not change the
residential character of this neighbOrhood. Further the granting of the recognition of
access to this lot will not increase vehicular traffic due to the fact that it is a
one family dwelling to be constructed thereon.
) SS ............ . ..........
COUNTY OF SUFFOLK )
Ro ~ ~d~ngton
Sworn to this ......... ~ ................ day of...?:':D~9~ ............................... 19 79
MARY LOU OO~rO~(,~
II01'~ARy PUBLIC, State ef New Yar~
Ne. $2-1000858 Suffolk Ceu.~
Oemmls~ien Expiree March 30, 19'~/
DEPARTMENT OF PLANNING
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
Town of SOuthold
Board of Appeals
January 25, 1980
Purmuant ~o the requirements of'Sections 1323 to !332'of ~he 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
Stephen J. Perricone & Penelope Kousouros
Robert Waddington, Jr.
2587
2655
GGN :Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
CH;EP PLANNER
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L, I., NlrW YOR'K · ~79'2920
TOWN CLERK 765-3783
Building Dept.
Planning Bd.
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-8, Sections 239-1 and m,
the . .~..0.~.~.4..O.f..a.]~).e.a. 1..~ ................ of the town of....S.o.~.t.h..0.1.cl. .................
(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
.... i ........... Zoning changes
Robert Waddington, Jr.
Tu~hill ' s ~ane
Aquebogue, NY 11931
Appeal No. 2655
................ Special permits
..... .X...X.. ..... Variances Town Law 280A, Town Code Art. III, Sect. 100-31
· ocation of affected and:
within 500 feet of: (check one or more) 1000-67-006-16
................ Town or village boundary line, or shore line
................ State or county road, parkway or expressway
................ 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: Applicant was granted approval of access off Miami Avenue
and granted permission to construct awelling with an insufficient
frontyard setback of not less than 16 feet off Soundview Avenue.
Date: ....~/..2..~../...8...O. ............................
Date received by Suffolk County Planning Commission
File No .................................
(signed)
~.~t.~=¥ ............................................................
Title
Standard N.Y.B.T.U. Form 8002 * 9-70-70M--Bargain and Sale Deed. with Covenant affainst ~:3tanror's Acts--Individual or Corporation (single sheet)
CONSULT YOUR LAWYER B E SIGNING THIS INSTRUMENT--THIS INSTF :NT SHOULD BE USED BY LAWYERS ONLY.
296
THI~ INDEN'I~RF~ made the ~ day of ~ , nineteen hundred and SEVENTY-ONE
BETWEEN ALICE BENTI.EY, RESIDING AT 128~ BEACON STREET,
BROOKLINE, MASSACHUSETTS
party of the first part, and
ELI T. KOVIC AND PATRICIA A.KOVIC, HIS
BOTH RESIDING AT 227 TORONTO AVENUE
MASSAPEQUA, NEW yORK
WIFE,
party of the second part,
WITNF.~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the .second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvexgents thereon erected, situate,
lying and being ~Xl~X AT ~)ECONIC, IN THE TOWN OF SOUTHOLD, COUNTY OF
:SU~F'0:LK' AND STATE OF NEW YORK, BEING MORE PARTICULARLY BOUNDED
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER FORMED BY THE INTERSECTION' OF THE
NORTHERLY SIDE OF MIAMI AVENUE (A PRIVATE ROAD) WITH THE
EASTERLY SIDE OF SOUND VIEW AVENUE (A PRIVATE ROAD); THENCE
NORTH 27° 15' WEST ALONG THE EASTERLY SIDE OF SOUND VIEW AVENUE,
140.4 FEET; THENCE NORTH 62° 45' EAST, 45.7 FEET; THENCE SOUTH
28° 00' EAST, i40.4 FEET TO THE NORTHERLY SIDE OF MIAMI AVENUE;
THENCE SOUTH 62° 45' WEST ALONG THE.NORTHERLY SIDE OF MIAMI
AVENUE, 48.4 FEET TO THE POINT OR PLACE OF BEGINNING.
'TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS OVER MIAMI
AVENI~E, EASTERLY FROM THE ABOVE DESCRIBED PREMISES TO MILL I{OAD
AVENUE.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER wkth the appurtenances
and all the estate and rights of the party of the first part in and to said pre.mlses; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first par.t covenants that the party of the 'first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the part~; of 'the first part, in coml~liance with Section 13 of the Lien Law, covenants that the party of
Southold Town Board o£Appeals
SOUTHOLD, L. I., N. ¥. 11~'71
TELEPHONE (516) 765~1809
APPEALS BOARD
MEMBERS
, ,=C~E~T ?;. £!LL!_~P!_=, Jp..,
'CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
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
Appeal No. 2655 Application of ROBERT WADDINGTON, JR.
by Richard F. Lark, Esq., P.O. Box 973, Cutchogue, NY 11935.
Location of Project: Miami Avenue and Soundview Avenue,
Peconic, NY 11958. County Tax Map No. 1000-67-6-16.
Permission Requested: to construct dwelling with insufficient
frontyard setback of 16 feet off Soundview Avenue, Ar~iole~II~
$9. ctzen.19~-~,..~k Sc. he~ule. ~i.~3., for approval of access off
Soundview Avenue, New York Town Law Section 280A.
DQcuments on File: Appeal Application, Notice to Adjoining
Neighbors, Affidavit Attesting to the Mailing of said Notice,
surveys and/or sketches of the proposed project, Notice of Dis-
approval from the Building Inspector, Legal Notice of Hearing,
Environmental Assessment in the Short Form, Section of the
County Tax Map.showing the subject property, & other documents as
may De require~.
Person to Contact for More Information: Mrs. Linda Kowalski,
Secretary, Board of Appeals, Southold Town Hall, Main Road,
Southold, New York 11971; tel. (516) 765-1809.
Dated: December 28, 1979.
N TOWN OF SOUTHOLD ~
SHORT VIRONMENTAL ASSESSMENT F
INSTRUCTIONS:
(a) 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 all questions have been answered No it is likely that this
project is not significant.
(d) Environmental Assessment
l.' Will project resul't in a large physical change
to the project site or physically alter more
than l0 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.× No
3. Will project alter or have a large effect on
existing body of water? ....................... . .Y~s.×,, No
4. Will project have a potentially large impact .
Yes X'No
on groundwater quality? .... · ................... · ·
5. Will project significantly effect drainage
flow on adjacent sites? ......................... Yes
'6. Will project affect any threatened or
endangered Plant or animal species? ............ Yes.× No
7. Will project result in a major adverse effect
Yes x No
on air quality? ...............................
8. Will project have a major effect on visual
character of the community or scenic views or
vistas known to.be important to the community? Yes× No
?. Will project adversely impact any site or
structure of historic, prehistoric or
10.
11.
12.
13.
14.
paleontological importance or any site
designated as a critical environmental area
by 1 1 y? . ,. ..... Yes X No
a oca agenc ............ ~--'-,~-'"- .....
Will project have a major effect on existing
or future recreational opportunities? ......... ., yes × No
Will project result in major traffic problems
or cause o major effect to existing
transportation systems? ....................... ..~ Yes.×..No
Will project regularly cause objectionable
odors, noise, glare, vlbrotion, or electrical
disturbance as a result of the project's
operotlon? ...................................... Yes ×
Will project hove any impact on public health
or.safety? .................................... Yes× No
Will project affect the existing community by
directly causing o growth in permanent
populotion of more than 5 percent over o one
year period or have o major negative effect
on the choroct'er of the community or
borhood? ......... YesX No
neigh id~d;~ ~ ~ ~ ~':'~'';'~ ......
15. Is there publ v rs o c r in he
project? .............................///~ Yesx_ No
DATE December /~, 1979
FORM NO. $
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
To .~-4~ ...... ~ ...........................................................
................. ~. ....... ~ ...... ~..~.... .................. '
............................. ~.~:.......~.......~Z~ ........... ...~...~4~ ~' 9 //~ ~ ~
/ / '
PLEASE TAKE NOTICE that your application dated .............................. ~ ..... ..~.~ 19....Z9
~o~ ~ ~o ~o~,~, ......... ~ ....... o,,~ ~m,~,o~o,~ o, ....... ~.......,~...~...~
..~...~~.....~ .... ~ ...... .(.~~m/~'~',~~~~ -~,~~
Map .... Block ~- Lot is
returned herewith and disapproved on the following grounds ........ ~ .......... ~. ..........
...~~~ .................. ~....~ ....................................................................................................
Building Inspector
RICHARD F. LARK
ATTORNEY At" I. AW
MAIN ROAD - P. O. BOX 9?3
CUTCHOOU£. NEW YORK 1t935
TELEPHON; 516 734-6807
December 27, 1979
Mrs. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
RE: Petition of Robert Waddin~ton for Variance
Dear Mrs. Terry:
In connection with the above-captioned matter I enclose
the following:
1. Application for variance in triplicate.
2. Exhibit A: Map of premises dated August 17,
1979 by R. Van Tuyl & Son.
3. Notice to Adjacent Property Owners with proof
of mailing together with certified mailing
receipts attached thereto.
4. Notice of Disapproval from the Building Inspector
5. Check No. 2452 of Robert Waddington dated
December 13, 1979 payable to the order of the
Town of Southold in the amount of $15.00
If all is in order, please place this matter before the Board
of Appeals so a date may be set for a public hearing.
Very truly yours, ~_
RFL/mld
Enclosures
.K
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
DeCember 17,. 1979
TO: Southold Town Zoning Board of Appeals
From: Judith T. Terry, TOwn Clerk
Transmitted herewith ~s Zoning Appeal No. 265~application of Robert Waddington
f~r:a variance. Also included are notification to adjoining property owners as
follows: Helen E. Booth, Sound View Avenue, Peconic, NeW York 11958; Mathal
Realty Cp., Inc., c/o Kime Avenue, West Isl~p, New york 11795.
JTT/bn
.cc:file
Enc./
Judith T. Terry
Town clerk
F ROM:
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ,ROAD - P. O. BOX 9'731
CUTCHOGUE, NEW YORK 1193g
TELEPHONE (516) 734-6807
I
ATTENTION: Mrs Linda K0wa 1 ski
TO: S0uthold T0wn B°ard of Appea!s
Main Road
MESSAGE
Dear Mrs. Kowalski:
In accordance with your recent
request, I am enclosing a Sh0rt
EnvironmentalAssessment Formsigned
by Robert Waddington in connection
with the above,captioned matter.
Very truly yours,
SIGNED: (mld) (enc.)
REPLY
susJEcT:VarianceapP!ication
of Robert Waddington
DATE:
SIGNED: .........
THIS COPY FOR PERSON ADDRESSED
HISTACOUNT CORP., MELVILLE, N. Y. 11746 FORM NO. SK-2
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
ROBERT WADDINGTON
to the Board of Appeals of the Town of Southold
TO: Helen E. Booth
Sound View Avenue
Peconic, New York 11958
NOTICE
Mathal Realty Co., Inc.
c/o 455 Kime Avenue
West Islip, New York 11795
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) (~ic(~al~:~;x~]~lelt~P~e]~lK) (the following relief: To construct a
dwelling with insufficient front yard & recognition of access. ).
2. That the property which is the subject of the Petition is located adjacent_ to y_our property and is des-
cribed ~follows: North by Mathal Realty Corp, Inc,; East by Miami Avenue;
South by Sound View Avenue; West by Booth
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: To construct a
dwelling with insufficient front yard & recognition of access.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III, Section 100-31, SectiOn 100-34 and Section 250A of
the TOwn Law
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
Board of Appeals; that a notice of such hearing must be published at
hearing in the Suffolk Times and in the Long Island Traveler-Mattitm
Town of Southold and designated for the publication of such
right to appear and be heard at such hearing.
Dated: · November 30 , 1979.
~ust be held on the matter by the
days prior to the date of such
newspapers published in the
'ou or your representative have the
P i Robert Waddington
Post/,Office Address
~Tuthill's Lane
Aquebogue, New York 11931
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Helen E. Booth Sound View Avenue, Peconic, New York 11958
Mathal Realty Co., Inc. c/o Kime Avenue, West Islip, New York 11795
9/~6T "~dV 'O08g tu.~o,,l' ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Barbara Diach~ , residing at SchOol House Road, CutchO.gue,
New York 119 35 , being duly sworn, deposes and says that on the 1-th day
of December ,19 79 , 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-
rice at Cutchocjue, New York ; that said Notices were mailed to each of said persons by
(certified) (g~~ mail.
Sworn to before me this 17th
day of December~ ,19 79
~'o(/ary
MARRY LOU
~TARY PUBLIC, State ef N~ Y~
N0. 52-100~ Suffolk C~ _
~mmission Expires M~ch 30. 1~
g/
Barbara Di achun
UNLESS DRAWN OTHERWISE ALL PROPERTIES
ARE WITHIN THE FOLLOWING DISTRICTS:
SCHOOL 5 SEWER
FIRE 28 HYDRANT.
LIGHT__ 44 WATER
PARK__ REFUSE.
visions
KEY MAP
J 074
I00
20~
(49.5)
i~) COUNTY OF SUFFOLK
Re,z_! Prc, p.rfy ]'ax Service Agen,
. ~ County Center
.. Riverhead, L. I., New York
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