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Home My WebLink About2761 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOAKD OF APPEALS AppealNo. 2761 Application Dated October 31, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr., Esq. (for James R. Wheeler) Front Street Greenport, NY 11944 DATE .1.2L2.l.8..Q Appellant at a meeting of the Zoning Board of Appeals on N 0 V em b e r 2 0, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X)~ Request for a variance to the Zoning Ordinance A r t. I I I , S e c . ( ) 1980, lO0-31 the appeal 1. 8PE~~~)~gslg2~d6Xo~X~~X~X~~~~X~on ( ) be graded .( ) ~ denied p~suant to Art~le .................... Sec~on .................... Subsection .................... p~a~aph .................... of the Zoning Ordinance and the ~c~ion ~ the Bu~ding Inspector ( ) be reversed ( ) be co~medl~a~e Public Hearing: 9:25 p.m. Application of James R. Wheeler, by William'H. Price, Jr., Esq., Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Section lO0-31 for approval of insufficient area, width and/or depth of property located at the southeast corner of Kenney's and Chest- nut Roads, 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 ll. (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 practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the inunediate 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 and determines as follows: Appellant has appealed to this Board seeking a variance for approval of insufficient area and width of two proposed parcels, approximately 26,400 square feet in area of the northerly parcel, and 135' and 100' in road frontage, respectively. Located on the northerly parcel is a small one-family dwelling, and the southerly parcel is vacant. 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 proper- ties will be. created; that the interests of justice will be served by the granting of the relief requested; that no adverse 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. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that James R. Wheeler be 9ranted~a variance to the zoning ordinance, Art. III, Sec. 100-31 for approval of the insufficient area, width and/or depth as applied for. Location of property: Southeast corner of Kenney's and Chestnut Roads, 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 ll. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. J~ AP?ROVED 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 Jos. eph 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, Inc., 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 ~nd 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. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 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 by 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 seuth by ~S'choolhouse 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 northwest 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 tio ~h~e ~99~ ~g~nce~ Article III, Section 100-31 for~ ~~~nsufficient area~JOL~L~2~o~o~ property: Sout~.Q.Q~,.corner of Kenney's Road and Chestnut Road, Sou~hol. d~_ .j~Ly~..~bQu. nded north by Chestnut Road; east by Dickerson, Wheeler, an...._d~:.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 NOTICE IS HEREBY GIVEN, that a public hearing will be held on the 20th day of November, 1980 at 9:25 p,m. concerning' the appeal appli- cation of James Wheeler, by William H. Price, Jr., Esq., Front St., Greenport, NY for a Variance to the Zoning Ordi~ nance, Art. I!I, Sec. 100-31 for approval of insufficient area, width and-or depth of property located at the southeast corner of Kenney's Read and Chestnut Road, Southold; 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: November 7, 19~0. $OUTHOLD TOWN BOARD OF APPEALS 1TN13-3553 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Joan Gus tavson ...................................... being duly Sworn, she says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, .has been published in the said Suffolk Weekly Times once in eoch week, tot ....... o..n.e. ................. weeks successively commencing on t~e ....1.~..~.h. ................. .......November...........t~,.__19,..;80 / d~y -..-.---. ............ Sworn to before me this . .~.3..t.h ..... a.yo~ go .v.e.~..~.e.r. ........ m..8.0.. ............. y.....o... ..... HELEN X. DE VOE NOTARY PUBLIC, Slate of New York No. 4707878, Suffolk Count~ Term Expires March 30, ]9~__~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that a public hearing will be held on the 20th day of November, 1980 at 9:25 p.m. concerning the appeal apPli- cation of James Wheeler, by William H. Price, Jr., Esq., Front St., Greenport, NY for a Variance tO the Zoning Ordin- ance, Article HI, Sec. 100-31 for approval of insufficient area, width and/or depth or property located at the south- east corner of Kenney's Road and Chestnut Road, Southold; bounded north by Chestnut ROad; east by .: :'~ickerS°n,' 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: November 7. 1980 SOUTHOLD TOWN BOARD OF APPEALS 1T, 11/13/80 (10) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long IsJand Traveler-Watch- man once each week for ............. / ......................... weeks successively, commencing on the ..L~. ............................. day~~ ........................ 19....~... /i Sworn to before me this ................................ day of Notary-'~Pu.blic 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 Road, Southold, New York on ~hursday, November 20, 1980: 7:35 p.m. Application for Joseph and Amelia Smui- cheski, Carole Road, Southold, NY ,for a Variance to the Zoning Ordinance, Article IH, Sections 100-31 and 1'00-32 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, VIII, Section 100-81 for ap- proval of parcel to be estab- lish~l with insufficient area and//width at 6725 and 6775 Near Suffolk Road, New Stfffolk, NY; bounded 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 James Wheeler, by William I-l_ NY for a Variance Greenpon, A~icle III, Seaion 1~-31 for - approval ~ o~n~--ffi'~ien~ -a~e~ - · and Chestnut.Ro~d, Sg~old NX~0unded. no~h by Chest-, nut Road; eas! by: Dic~er~ ~eeler, and Conway~ so~th_ .west _by ~enney% _.Co~ Ta_l__Map Item_ No. ~59-3-10 and 11. Dated: October 31, 1980 BY ORDER OF THE SOUTHOLD TOWN ~o~ OF APPEARS 1T, 11/6/~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH. MAN, 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 .~f~.,.~.~ ..................... 19...b..~.. ~_~__ Sworn to before me this ................................ day of CLEMENT J, THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Cemmi~nl Irt S~fofk County ~ Expires March 30, IK~.~ 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 prope~rty: 140 Carole Roc~d, 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) for per- mission t0 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 Well~ 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 We]Is Ave- nue (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 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 100-31 for approval of insufficient area and width. Location of property: North side of Sound Avenue, Matti- tuck, NY: more particularly known as ~ots 4 and 5 of Minor Subdivision of Jack Stukas No. 55, and bounded as follows: north by Gillies; east by Alder- man 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 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 100-8] for ap- proval of parcel to be estab- lished with !~,~ufficient area and width at ~725 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 Taxi Map Item No. 1000-117-5-28 and 29. , 8:35 p.m. Application of R~cDara Anaerson, Dy wary. ~F]~fi-fi6i' ulsen, Esq., Main 'R~ad~ Mattituck,~Y-TOy A' . .v~riance for appr~ val~: c.~_p_u~uant t~ ~lew ~York ~own Law, Sec. 280-a. Loca- .ti~on Pondx Nassau Point, Cut- 9:25 p.m. Application of 'James Wheeler, bYWiilLam Hi .r Of . . ' ~'mce, Jr., Esq., Front Street~ ureenport, NY for a Variance' to the Zoning Ordinance, Art- lcie lit, section 14)0-31 for approval of insufficient area. Location of propertY: South- east corner of Kerm~¥'s Road '-and Chestnut Road. Southold, ,NY; bounded north by Chest- , nut Road; east by Dickerson,- ~_.a_nd C, on~,iay; ~otll~l' _b_g_Dioca. PierreI an-h-d-~r~' ,-T-e~_s~t by. Kennel's Road. oC~-~ .t_y~l'a_x Map Item Nd. I~ 10 and 11. ' ~: ....... ~ ~~tobelr 31, i980. BY ORDER OF /~k~' ' THE SOUTHOLD TOWN BOARD OF APPEALS 1TN6_3547 --- COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ~ ss: ..... 40~..CT.U.~.4;.~.y.~.q.ri ................ being duly Sworn, says that ....~.h.e., is Printer and Publisher of the SUFFOLK I/TEEKLY TIMES, a newspaper published ~rt Oreenport, in said county; and that the n'otic~, of which the annexed is a printed copy, h~s been published in the solid Suffolk Weekly Times once in each week, for ... qn..e ...................... weeks successively commencing on the ... 6.4:h ................... 80 west ~a sou~by W, ul~neweta Po~gl: east~¥ O'Ke~e. COUnty ................................. g'-' ' ' ' ' -~ '"~xMa~ltem/ng). 10O0-1ll-14-~rll tO before me this .. ~.'i;~ ..... I .I, Io;~.e~e~' ..... 19.@0.. J ........... ......... HELEN K. DE VOE NOTARY PUBLIC, State of New York No. 4707878, Suffolk County Expires March 30, 19~1~' Term LEGAL NOTICE NOTICE IS HEREBY GIVEN, that a public hearing will be held on the 20th day of November, 1980 at 9:25 p.m. concerning the appeal application of james Wheeler, by William H. Price, Jr., Esq., Front St., Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area, width and/or depth of property located at the southeast corner of Kenney's Road and Chestnut ~oad, Southold; 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: November 7, 1980. SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 13, 1980 and forward one affidavit of publication to: Board of Appeals, Town Hall, Southold, NY 11971 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-phl.]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. Ri chard Anderson William H. Price, Jr., Esq., attorney for Mr. James Wheel er TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '~' 7~/ TEOCtober 31, 1980 DA .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. James R. Wheeler ,(No #) Kenny's Road 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number Southold ....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 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY Kenny's Rd. A Residential & Agricultural Street Use District on Zoning Map .S..~u..f..~f..~~~~~..k~~~~.c.~~...u..n...t..y..~~.T~~a~..x~...M~~~a~.p..~.~N..~~~.s~~:~.~.~~..~..~...~~:.~59~~3-~~~ & 011 Map No. Lot No. Dist. 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 (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York TOWn Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal -(-ha~)-(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 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLIcATIoN OF THE ORDINANCE would pr°~uce praCtical difficUlties °r unneces- sary HARDSHIP becau~ the applicant is the owner of two adjoining lots (a) Suffolk County Tax Map Noo 1000-59-3-10 purchased in January of 1967 containing .667 acres; and (b) SUffolk COunty Tax Map No. 1000- 59-3-11 purchased in May of 1951 containing 1 acre.- Applicant desires to sell the first lot mentioned upon which there is erected a one-story cottage ha~ing front footage of 138.27 feet on Kenny'S Road and 200 feet front footage on Chestnut Road. This would result in applicant owning the second mentioned parcel having 100 feet front footage on Kenny's Road and containing approximately one acre. If applicant is not granted the area variance, he will suffer the practical difficulty of not being able to sell the first mentioned parcel of land. 2. The hardship createdis UNIQUE and isnotshared by all properties alike in the immediate vicinity ofthis property and in this use district because the applicant purchased the two parcels individually over 15 years apart and an inadvertent merger took place. In addition, there is already constructed and existing a dwelling on the corner lot. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the vast majority of lots in the surrounding area are smaller or close to the same size as the smaller of the resultant lots and, in addition, have approximately the same front footage. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) By~~gent Sworn to this 31st day of ............ ..O.g.~.o..b...e..~. ........................... 19 80 Ceun~ I FORM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .......... .~.f~..~.r.~.~...~..~.r.e..e...~.,....~.~..e...e..qp..o.r.~.,.. ~T o¥o 1 1 9L~ PLEASE TAKE NOTICE that your application dated ....... .0...c.~.o...b..e..?....~..1. ..................... , 19..8...0... a Certificate of Occupancy · . ....................................... at the premises located at ' for ~ ......... .C. ~ .e..e..~.~. ~....~..o...a.~ .............................. Street Southold, N.Y. returned herewith and disapproved on the follow;ng grounds ..~..~.~..s....1...o..t....,~.-.,,3..-..1...O....w...~.t...~. ....... .......... ..e.~..t.~ kt...~... ~.~.t...z.~..t..n..~...t...s...?. ~.67..~.,.w..t..~... ~.~;]..o..t..n...t.~s.. !gk.~.z !~ ]. J.. r. ................ .......... .~te..r~.e.~....z..o..~ .~...~.o.... ~..t..v...t.~.e..~... ~.e..e..~.s....?...z. ~...r~...$..n. ~..D..o..a..~¢....~.~.o..~.a...z...,. ..................... ........... ~. ~..o..~ .z....Eg..-. ~..-..~..9...~.~ ~....t.~.~.~.t..~.t...~...~.~k~.~...~ p.~. ...................................... Parcel 59-3-11 has in~ufficent width. Art.III, 100.31 Building Inspector County Tax Map No. 1000-59-3.1 0 & 11 DESCRIPTION N m TO S~ 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: At the request of your board, the Southold Town Planning Board reviewed the request for a variance for insufficient area and width of two parcels at Kenny's Road, Southold, owned by James R. Wheeler. The consensus of the Board was that this should be processed as a minor subdivision and the Planning Board has no objection to the proposal. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD lman, Secretary Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TYPE II ACTION DESIGNATION ROBERT J. DOUGLASS NEGATIVE. 'DECLAPJ%TION GERARD P, GOEHRINGER .__Lu0~ep, H. Sawicki NOTICE OF NO SIGNIFICANT EFFECT ON THE E~IRONMENT Pursuant to Section 617.13 of the'New York State Department of Environmental Conservation ~t, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, %he Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 276]. Application of James Wheeler, by William H. Price, Jr., Front Street, Greenport, NY ll944. Location of Project: Kenney's Road, Southold. Permission Requested: Approval of insufficient area, width and/or depth 0t parcel(s) at Kenney's Road, S0uth0]d. Date of Public Hea~inq: November 20, 1.980 at 9:25 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax 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, $outhold, New York 11971; tel. (516) 765-1809. Dated: October 31, 1 980. JUDITH T. TERRY · Tow~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 November 7, 1980 To: Southold Town Board ZOning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2761 application of James R. Wheeler for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Kenneth L. Dickerson, Chesnut Road, Southold, N.Y. 11971, Ms, Helen Conway, SouthOld, N.Y. 11971; Mr. & Mrs. Peter F. Doica, 625 East 14th Street, New York, New York 10009; Mr. & Mrs. John Pierre~ 28-15 34th Street, Astoria, NeW york .11103; Mr. William H. Price, Jr., 2074 Bourbon Lane, Southold, New York 11971. JTT/Bn E~9~u~e~ Judith T. Terry Town Clerk SHORT ::,~ ' INSTRUCT IONS~: · .~ (o) In order to ? ~hot the preporer will ENVIRONk{ENTAL ASSESS~.4ENT FORIX O O answer the questions in this short EAF it is assumed 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 o completed Environmental Assessment Form is necessary. (c) If all questions have been onsvlered No it is likely that lhis project is not significant. -. (d) E'nvironmental Assessment 1. Wil'l projec~ result in o large physical change to the project site or physically alter more than 10 acres of: land? ........................, Yes,_~.,No 2. ¥till there'be a mojor chonge to ony unique or -unusual land form found on the site? .......... ,_ Yes, ~·NO 3, Will project alter or have o large effect'on existing body of water? ......................., Y~S, 4.. Will project have o potentially lor9e impact , on groundwater quality? ........................ 5.' Will project significantly effect dro~no.ge flo~ adjacent site ' Ye ~ NQ ,~ on s? ......................... ,. s &. Wlll project affect ony threotened or endangered plant or animal species? ...........: Yes.. ~ No 7. Will project result in o major adverse effeb% Yes ~ No' on oir quolity? .............. - ................. 8. Will project hove o mojor effect on visuol character of the community or scenic views or. vistas known to-be imporlont to the community?.__ Yes ~ No ?. Will 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 a local agency? ........... -.~..-v~.v.--.-.v~..~_ 10. Will project have o major effect on existing or future recreational opportunities? .......... Yes:~ No "11. Will project result in major traffic problems . o~ cause o major effect to ex. isling transportation systems? ....................... .,,_Yes.~ No 12. Will project .regularly cause objectionable odors, noise, glare, vibrotlon, or electrical disturbance os o result of the project's orlon? ' Yes ~ No oper .... · ................... . . . . 13. Will project have any impact on public health or.safety? ...................................., _Yes, ~ .N° 14. Will project affect the existing community by directly causing o growth in permanent population of more than 5 percept over a one year period or have o major negative effect on the charo~{er of the community or Yes Ti, No neighborhood? ................................. .. . Is there public controversy concerning the project? ...................................... 15. PREPARER'S SIGNATURE_ . ~..~,~-~/'.~'"-.~ REPRESENTING ,..,]~,,~ ~ (Today' s DatO)- To: Re: Southold Town Board of ApPeals Main Road Southold, NY 11971 Appeal Application of 3~ ~, /,~/~/~F- Location of Property: ~~ ~J. ~~. ~? Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of'tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and ati~least 100 feet in length.* Maybe 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.C.D.E.C.] Wili£1am H- Pric~ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : JAMES R. WHEELER : : to the Board of Appeals of the Town of Southold : TO: NOTICE MR. & MRS. KENNETH L. DICKERSON MS. HELEN CON-WAY MR. & MRS. PETER F. DIOCA MR. & MRS. JOHN PIERRE MR. WILLIAM H. PRICE, JR. 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) (-~aaoiaI-E~,,e~a)-~.~pec4:.! P:.~.m!:) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Suffolk County Tax Map Nos. 1000-59-3-10 and 11 - Town of .Sou~old bounded northerly by lands of Mr. & Mrs. Kenneth L. Dickerson and lands of He.l~n Conw~; eastLly by lands of Mr. & Mrs. Peter F. Doica, lands of Mr. & Mrs. John Pierr~and lan~$ of wii~am H. Price, Jr., southerly by Kenny's Road; westerly by lands of Mr. & Mrs, Kenneth L. Dicker~o~n. an~ lands of .M~..~n~Mrs.. Jam~s ~..W~.~le~.. ~ . ~'-~ ~/natthe property wmcn~st~esubject otsuch ret~tlonlsloca[eoin thefollowingzoning district: A Residential and Agricultural District 4. That bysuch Petition, the undersigned willrequestthefoilowingrelief: to set off the corner lot (Suffolk County Tax Map No. 1000-59-3-10) as a single and separate lot. See copy of section of tax map attached. 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 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 31, 1980 JAMES ~ BY: WILL~'~ Petitioner H. PRICE, JR., ESQ. Attorney/Agent Post Office8A~dr:~{~)NT STREET GREENPORT, NEW YORK 11944 NAME PROOF OF MAILING OF NOTICF ADDRESS Mr. & Mrs. Kenneth L. Dickerson Chestnut Road Southold, New York 11971 Ms. Helen Conway Southold, New York 1197'1 Mr. & Mrs. Peter F. Doica 625 East 14th Street · New York, New York 10009 Mr. & Mrs. John Pierre 28-15 34th Street Astoria, New York 11103 Mr. William H. Price, Jr. 2074 BourbOn Lane Southold, New York 11971 9L6! 'adv 'OOg£ tuao~r Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: KATHY A~ .MAZZAFERRO , residing at (No #) Osseo Avenue, Southold, New 'Xaz'k ~lg?a;- , being duly sworn, deposes and says that on the 31st day of October ., 19 80 , deponent mailed a true copy of the Notice set forth on the re- verse side here~ ~f, directed~.t~9, ~t~:.qf. t~ above.named persons at the addresses set opposite their respective names; that the:~d~~~i~e ;~ames of ~aid persons are the addresses of said l~erso'ns as' shown on the current assessmefittotL~~;;~f~$~OUthold; t. hat said Notices were mailed at the United States Post Of- fice at s°uth~td :+. '. "i~:~'''~' "i~ ~' ...... ;'that said Notices were mailed to each of said persons by (certified) (4'.eg~ma~. -~ :": ......... Sworn to before me this 31st day of October ,19 80 ATTORNEY AT L~W 8~8 FRONT STREET GREENIsORT, N.Y. 119~1 Phone (§18) &77-1018 October 31, 1980 Mrs. Linda Kowalski, Secretary Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application of~James R. Wheeler Dear Linda: Enclosed herewith please find the necessary forms and my check for filing fee in respect to the subject appli- cation of James R. Wheeler. I have instructed the Building Department to give you a copy of the notice of disapproval which you are authorized to insert into the appeal papers. If you need any further information or documentation, please do not hesitate to contact my office. Feel free to talk to Irving L. Price about this matter. Very truly yours, William H. Price, Jr. WHP:kam Enclosures ii / ' SUFFOLK COUNTY 16.? A(C) I~,JTHORIZED AI-T~ILATIO;N OR ADDITK~i' ~'O THIS SURVEY l$ A VIOLATION OF ~ ~ECflON 720~ OF TH~ N~;vV ¥,%E~K ST,,~ .EDL~ATION LAW, COPl~ O~ T;,i~ Sb: Lt r:.A? N~,£ ~£ARII, JJJ