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HomeMy WebLinkAbout2675 Legal Notice of Hearings -2- March 20, 1980 Meeting east by Straussner, Sfaelos Realty, Brandi. County Tax Map Item No. 1000-35-1-7. 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, Haliock, Steinhart, Jackson, Bilianos. County Tax Map Item No. 1000-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Richard J. Cron, 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. !000~52v3r20, 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 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 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 Rolden Avenue, northeast by Blohme; County COUNTY OF SUFFOLF~, I ~ ss: STATE OF NEW YORK, j minor subdivision, and for approval of access, New York Town Law Section 2~0-A. Lo- catlon of property: 6~035 North Road, Greenport; bounded north and west by Tasker, south by North Road, east by Straussner, Sfaelea Realty, Brandi. County Tax Map Item No. loo0-35-1-7. 8:05 P.M. Application of ROY C. SCROENHAAR, c/o Gary Flanner Olsen, Esq., Box 38, Main Road, Mattituck, New York, for Variances to the Zoning Ordinance as fol- lows: (1) approval of insuffic- ient width and area of parcels to be established in a proposed sub/l/vision, Article III, Sec- tion 100-31, (2) permission to reinstate preexisting noncon- forming sideyard setback~ (3) approval ol access, ~ew ¥ ora Town Law Section 280-A. Lo- cation of property: South side Tax Map Item No. loo0-110-2-9. 7:45 P.M. Application d 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 be established in a proposed sub- division. Location of property: Peconic Bay Boulevard and Laurel Lane, Laurel; bounded north by Peconic Bay; west by Thoat, Ehlers, Teter; south by Peconic Bay Boulevard; east by Charles 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 loo-31 for approval of insuffic- ient width and area of parcels to be established in a proposed 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, Bilianea. County Tax Map Item No. loo0-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Rich- ard J. Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article III, Section loo- 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. ~E~(I., Main Road~ Cutcho~ue. 'New ¥or~ for a Variance to the Zoning Ordinance, Article III, Section loo-31 for approval of insufficient area and width of parcels known as filed Sub- division Map of Shorecrnst Lots No. 6, 7, 8, 9 at Arsha- momaque, Southold, New York. County Tax Map Iter~ Nos. loo0-52-3-28, 32, 33, 34. Dated: March 4, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM6-34OO 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 4~be held .by~.Lhe Boa~rd' of Appeals a{T'tho. 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 Ill, 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 Hut'fi, northwest by C~-~outh by pick's Point (I) approval ~fl~su ~t width and area of parcels to be established in a proposed subdivision, Article RI, Sec- tion 100-31, (2) permission to reinstate preexisting 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- ia lock, Steinhart, Jackson, Bil- ianos. County Tax Map Item ii~ No. 1000-143-2-33.2. 8:20 P.M. Application of ELEANOR RUCH, by Richard u J. 'Cron, Esq., Main Road, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article HI, 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, '~ew York. County Tax Map Rem Nos. 1000-52-3-20, 22, ~5, 29, 30, 31. _R:~5 P.M. Annlication ~" [J O~IN ,~CLIFFORD: CORNELL I~y Richard J. Cron. Esq. Mare Koad, Cutchogue, Nex York for ,a Variance to th, Zoning Ordinance, Article Ill Section 100-31 for approyal insufficient area and width oJ parcels known as filed Sub. division Map of Shorecrest Lots No. 6, 7, 8, 9 at Ars~iati~om~qu~, ~ Southold,~ Nev~ Yo~. ~ c~unty Tax Mal~ IteTM Nos. 1000-52-3-28, 32,I 133, 34. Dated: March 4, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T, 3/6/80'/1'3¥) COUIqTY Of SUFFOLK STATE OF NEW YORK Potricio 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; ~nd 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 ....{~. ................................. .... ............... .... Sworn to before me this '7 ao¥ or .............. CLEMENT j, THOMPSON fiOTAR'{ PLI~LIC~ State of New No. 52-9321725 Residing in Suffol~ County Commission Ex~ires March 30, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ~ ~ 19..~ for permit to ~ ...................................... at the premises located at .................................... Map ............................. Black ............................................ Lot .... f..~ ....... ~ ............. is returned herewith and disapproved on the follow;ng grounds /~1 ~uFFIP EI~T Building Inspector T(~WN OF SOUTHOLD, NEW YORK O APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~ 7 DATE Feb. 27, 1980 TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N Y JOSEP~ CLIFFORD CORNELL by . ' ' , ~ RICHARD J. CRON, as attorne Main Road Name of Appellant Street and Number .......................... .C.~.c...~..o.~..~...e. ............................................... N.e..w...~..o.?..~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON NOTICE OF DISAPPROVAL ~ ................................... DATED ..... .~...e.b. ~.u..a..~.y....2..6.. ,.....1..9...8..0. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) JOSEPH CLIFFORD CORNELL Name of Applicant for permit of 935 Waterview Drive Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE PROPERTY 1. LOCATION OF THE PROPERTY .~...o..~.~. ~..o..a..d.. ia! .............. Street Use District on Zoning Map 5584 6, 7, 8 and 9 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end 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 Mop ( ) 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 (~a:~t (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance .-. ( ) isrequestedfortheceasonthat applicant wishes to subdivide lots on the filed Map of Shorecrest at Arshamomoque in accord with the subdivision map as it was filed on April 6, 1971, in the Suff~lk County Clerk's Office. (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARE~SHIP because See sheet hereto annexed and made a part hereof. 2. The hardship created is UNIQUE and is not sha~d by all prope~ies alike in the immediate vicinity ofthisproperty and in this use district because the/~onditions affecting the filed subdivision lands are peculiar to it and do not have appli- cability to other land in the vicinity. There are no adjoining subdivisions which would require the peculiar type of relief herein requested upon the facts hereinabove presented. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area would remain strictly resi- dential in use and contain land parcels substantially tn accord with those set forth on the filed subdivision map. In addition, and of great importance as a consideration for the relief requested, is the fact that the entire subdivision has been improved with b he roads as laid out on the subdivision map and suitable drainage and sump area in accord with the Town of Southold specifications. STATE OF NEW YORK ) /~'/J/~/'/'~//'/~ /'~ Sworn to this ........ ..~..~.. ............................ doy of Februa~.seph Clifford Coz'nell ...................................................... ]9 80 // - Notary Public/ JANE FLATLEY NOTARY PUBLIC, State of New York No. 52-4665418, Suffolk County,4>~, Commission Ex~ires March 30, 19,~ 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 improvements to the extent of single family residential dwellings. In this connection, Lot 5 contains a residential dwelling thereon and Lot 6 was recently sold to a third party. As concerns Lot 7~ that is presently under contract of sale, the title to which shall close if the area var- iance is secured. The remaining two lot~, 8 and 9, are also ex- pected to be sold shortly. Ail of the vacant lots are substantially in excess of 20,000 sq. ft. and contain road frontage of not less than 145 feet. If full compliance of the area requirements of the Ordinance were mandated~ it would result in the creation of possi- bly two large oversized lots, comprising Lots 7, 8 and 9, assuming, of course~ that the sale of Lot 7, now under contract, was not consummated. 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. T( D S~Y Southold, N.Y. 11971 HENRY E. RAYNOR, Jr,, Chtdrma~ FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. . ~.., GEORGE RITCHIE LATHAM, Jr. Richard Cron, Esq. Main Road Cutchogue, New York 11935 March 28, 1980 TELEPHONE 765- 1938 Dear Mr. 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 COUNTY OF SUFFOLKO DEPARTMENT OF PLANNING L££ E. KOPP£LMAN To~n of Southold Board of Appeals March 31, 1980 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Dr. Ralph H. Dickinson Gerard H. Schultheis Helen & Anita MaNulty ~/ohn Clifford Cornell Eleanor Ruch 2668 2670 2671 2675 2676 CGN :Jk Very truly yours, Lee E. Koppelman Director of Planning CH;I-'~ PLANNER O O TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 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--B, Sections 239-1 and m, the Board of Appeals of the town of . Southold (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 .... ~ ......Variances Art. TTI v SeC. Appeal No. 2675 John Clifford Cornell by Richard J. Cron, Esq. ~ain Road Cutchogue, NY 11935 100-31 Location of a f fected land: ..N. ,0,.[ .t,,l~ ...s..~ .d., ,e....o...~....~,~.~.l.,,d,.., ,C.i!...e...=.~y,,, ~y, v. ,. ~9.[9~.~.~ ~...~.~.~,~ ~o ~ at within 500 feet of: (check one or more) Ar shamamoque, Southold. 1000-52-3-28,32,33,34. ................ Town or village boundary line, or shore line .... ~,.~. ...... State or county road, parkway or expressway (C. R. ~ 7) ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Granted approval of insufficient area and/or width of parcels known as Lots 6,7,8 and 9 at Shor.~crest, Arshamomaque, Southold which were not included in the "Exception" list of the Code of the To%~ of Southold. Subject to Town Planning P~oard approval. Date received by Suffolk County Planning Commission File No ................................. (signed) Linda F. Kowalski ............. .S...e.c. Z ............................................. Tit/e O O JUDITH T. TERRY · TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 28, 1980 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith iS Zoning Appeal No. 2675 application of Joseph Clifford Cornell for a variance. Also included are notification to adjoining property owners as follows: J. Xikis, 32-55 Steinway Street, Astoria, New York 11102; Eleanor Ruch, 54300 North Road, Southold, N.Y. 11971; Arshamomaque Associates, c/o Staller Assoc.,Inc., 1455 Veterans Highway, Hauppauge, N.Y. 11787; Alfred Cailoa & Wf. 2330 Lodoyick Ave., Bronx, New York 10469. · Town Clerk ~ JTT/~n CC:~h 0 0 Southold Town Board of Appeals -~DUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.t Chairman SERGE DOYEN,JR. TERRY TUTHILL ROBERT J. DOUGLASS 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 Appeal No. 2675. Application of JOSEPH CLIFFORD CORN~LL, Richard 3. Cron, Esq., Main Road, Cutchogue, New York 11935. Location of Project: Shorecrest Subdivision filed Map No. 5584 Lots No. 6, 7, 8, 9 at Arshamomaque, Southold, New York. Wild Cherry Way, Southold. County Tax Map Item Nos. 1000-52-3-28, 32, 33, 34. Permission Requested: Variance for approval of insufficient width and/or area of parcels located in the filed subdivision of "Shorecrest" at Arshamamoque, southold, New York which was not included in the Town's list of excepted subdivisions. Art. III, Section 100-31. 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 ~ap 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 11971; tel. (516) 765-1809. Dated: February 28, 1980. Posted on Town Clerk Bulletin Board, copies to Supervisor W. Pell, N.Y.S. Dept. of Environmental Conservation, County Health Depart- ment, County Planning Commission 3/4/80. ~j~WN OF SOUTHOLD FOR~AO SH~RTENV?j~ON~ENTAL ASSESSMENT ~NSTRUCTIONS:~ (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 l~kely impacts of the action. It is not expected that additional studiess 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 oll questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project slte or physically alter more than 10 acres of land? ........................ Yes o 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes6/N° 3. Will project alter or have a large effect on existing body of water? ....................... y~s o 4. Will project have a potentially large impact .~. on groundwater quallty? ................ ' ...... Yes No 5. Will pro3ect significantly effect drainage flow on adjacent sites? .............. ~ ......... Yes 6. Will project affect any threatened or endangered plant or'animal species? ........... Yes U/N° 7. Will project result in o major adverse effect Yes / No' lity? ........... on air qua .................... 8. Will pro3ect 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 slte or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmenta! area by o local agency? ............ --~''~'~''"""''~--Yes ~/N° lO. Will project have a major effect on existing or future recreational opportunities? ......... Yes~/ .No 11. Will project result in major traffic problems or cause a major effect ~o existing Yes,/No transportation systems? ....................... . 12. W$11 p~ojec¢ ~egula~ly cause objectionable distu~bance as a ~esul¢ of the p~oject's Yes'No 13. Will p~ojec¢ have any impact on pubZzc nea~ Yes'No laky? ........ 14. W~11 p~ojec¢ affect the existing communliy by di~ecily causing a g~ow~h in permanent populaiion of mo~e {han 5 percent ove~ a one yea~ pe~od o~ have o majo~ negative on the cha~ocie~ of the community o~ Yes, No h d? " neighbor aa ............................... " Is the~e publlc controversy concerning 15. Yes'No P T( D LD HENRY E. RAYNOR, Sr., Chairman FREDERICK E. GORDON ,]AMES 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 Joseph Clifford Cornell known as lots 6, 7, 8 and 9 on filed subdivision map of "Shorecrest at Arshamomaque" that the Planning Board finds no objection. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary New yrk State Depadment of Environmental Conservation Regul~ory Affairs Unit Bldg. 40, SUNY - Room 219 Stony Brock, New York 11794 516-Z51-7900 Robert F. Flacke Commissioner March 18, 1980 Southold Zoning Board of Appeals Southold To~ra 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~L~ This project is more than 300' from Hash~omack Pond and its marsh fringe. 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 C Southold Town Board of Appeals -12- January 9, 1975 (The Chairman read letter from Local Tidal wetland P~mi% Admihi~t~t~r,~ Department of Environmental Control, addressed to Mr. Petrucci, approving his petition). THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct private garage in the front yard area of the lot located on the south side of Bay Avenue (Skunk Lane), Cutchogue, New York. The findings ~f't~e Board are that the proposed garage is tocated inappropriately in the front yard area. A garage must be located in the rear yard area unless it is attached to a house. The Board finds that applicant's plans for a house to be built in the future are not definite. ' The BOard finds tha~~strlct application of the ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood~ and will no~_~serve the spirit of the ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Angelo Petrucci, Bay Avenue (Skunk Lane), C~tchogue, New York, be DENIED permission to construct private garage in frOnt yard area of the lot located side of Bay Avenue (Skunk Lane), as applied for. Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen, Grigonis, Bulse, Doyen. , * /~pon PUBLIC HEARING: Appeal No. 1990 - 8:30 P.M. (E.S.T.), application of V~lentine Ruch IV, Ruch Lane, Southold, New Yorkfor a variance in accordance with the Zoning Ordinance, Article III, Section 160~30~nd Bulk Schedule,~'S~c%iO~ 100~12, for permission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side.CR 27, Southold, New York. Fee paid $15.00. © O Southold Town Board of Appeals- -13- January 9, 1975 The Chairman opened the hearing by reading the application ............ · .... fora--variance,~.legal-~notice~ of-hearing, affidavits attesting to is publication in the official newspapers, and notice to the applicant. MR. ROBERT BERGEN: As I understand it this development consists mostly of half acre lots but this application would reduce the road frontage. ' ...... ' ............... THE CHAIRMAN: However, it will not increase the density. 'THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, ESQ.: I am here on behalf of Valentine Ruch. We solicit your approval of this application. The main reason for this is that the drains that were originally required appear to be satisfactory but after viewing the construction of the road after a bad storm, water still collects in this area. Bt a-meeting of the Planning~Board and ~ the Town Board they came up with this idea of a recharge basin which would still give each lot over 20,000 sq. ft., one lot would have 116 foot frontage and one would have 114 foot frontage. I do not believe it would alter the character of the neighborhood. .................... THE CHAIRMAN:- Th~s was. basiCally 20,000 sq. ft?~'b6fOr~the Ordinance. MR. TERRY: The Planning Board and the Town Board met and considered this and the conclusion was that because this is low land this would be most logical. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) ........ After ~nvestigation~nd=inspection the Board fi~ds--that applicant requests permission to construct drain sump which will reduce width of Lots 2 and 3, Map of Shorecrest, south side of CR 27, Southold. The findings of the Board are that water still collects in this area. T~ Board agrees with the reasoning of the applicant, the ~'lanning Board and the Town Board with respect to the construction of'a recharge basin. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and~i~ the same use'~istrlc~; and the variance will not change' the character of the neighborhood, and will observe the spirit of the Ordinance. ..... Southold Town Board.cf.,Appeals -14- January 9, 1975 On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED~ Valentine Ruch IV, Ruch Lane, Southold,~New. York, be GRANTED permission to construct drain sump which will reduce width of Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. C HE~ING: Appeal No. 1991 - 8:45 P.M. ,pon appllcatio--'of Be~-l"Stea~an, Sound Avenue',-9~%{tg?k~ New York for a variance in accordance wi~h the Zo~i~hg Ordinance, Article III, Section 100-35, for permission to c.~.stru~t front yard fence over four feet i~ height. Lo~;~t~n of DroDerty: N/S Sound Avenue, MattltUck, boun~d on the north by ~. G~lles; east by H. Gilbourne; south ~ Sound Avenue; ............ ,~st~by Long Island Lighting Company.. ~p..a~ !~00~}- The Chairman opened the hearing.~ rea_d_~g.~he a.pFli~tion for a variance, legal notice of 'hea~ng, affidavits a~est~ng to its publication in the officia.~l/n wee ps,rs, ~d no~e to the applicant. / THE CHAIRMAN: Accordin~o the sketch the house is very close to Sound Avenue./A.screen of hedge has been developed along Sound Ave~e with an opening. THE C~IRMAN: I~here anyone present who wishes to speak for thiS appli~tion? BERYL STEADMA~C~FREY): Just ourselves, in terms of what we said on~-~e application.- MR. CAFF~: The front of the house is 4 feet from the r°a~'MRS.~FREY (Beryl Steadman): You can see what we are/ having ~r dinner from the road, and what we have on. / _ ~HE C~IRMAN: I ~ame ~n here thinking that t6 grant thiJmigh~ be an uhdes~r~ble precedent because lots of- people live close to the road but I don't think too many are four f~t from the line. Is this the only access to your oil O O Southold Town Board of Appeals -18- November 2, 1972 On motion by l~m. Gillispte, seconded by M~. Bergen, it was RESOLVED George A. Kophen, Sunset Lane, Southold, New York, be DENIED permission to build garage and reduce, required side yard and setback on property located on the north side of Middle Road, Eattituck, New York. The Board also stipulates that the accessory building ($arage) be relocated to the rear yard within ninety days (90 days) from November 2, 1972. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: AppeaI No. 1684 - 8:~5 P.M. (E.S.T.), upon cation of Valentime Ruch, Ruch Lane, Southold, New York, for lance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lot with less than required area left over from filing a minor subdivision with two full size lots.' Location of property: west side of Ruch Lane, Southold, bounded north by other land of V. Ruch; ~ast by Private Road ~Ruch Lane); south by Valerie Ruch; west by Mill Creek. Fee paid l .OO. The Chairman opened the hearing by reading the application for a. variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: This lot is left over from two full sized lots which have been created on the west side of Ruth Lane. These two lots face on the Main Road. They consist of ~3,000 square feet. The remaining property owned by Ruth consists of a piece 80 or 90 feet wide on Ruch Lane. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: M~. Ruth is not trying to get an extra lot out of it. It is agreeable with him to restrict any improvement on this V-shaped.lot. He would like to keep it as a part of his own lot across the priva%e road. It might be that that lot to the sou%h or the lot to the north would.want part of this lot. In that case, I think he should be permitted to convey part of it to the north or the SOuth lot. He doesn't want to build a house. He believes that if he should die his wife could sell the property more easily if it had access to Mill Creek for boats. 0 $outhold TOwn Board of Appeals -19- November 2, 1972 TBE CNAIRNAN: Is there ar~vone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board-finds that applicant requests permission to set off lot with less than required area left over from filing a minor subdivision with two full size lots on property located on the west side of Ruch Lane, Southold, New York. The findings of the Board are that the small piece left over from a minor subdivision does not have frontage and area enough for a third lot; that the appli- cant does not wish to build a house; and that applicant is agreeable to restricting any improvement on this lot. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will. not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RE~OLVED Valentine Ruch, Ruch Lane, Southold, New York, be GRANTED permission to set off lot with less than required area left over from filing a minor subdivision with two full size lots on property located on the west side of Ruch Lane, gouthold, New York, as applied for, subject to the following conditions: That the lot to be set off shall become part ef house lot of applicant whose residence is across a private road to the east. That the lot to be set off may not be improved at any future ti~e for the reason that it is undersize~d.. ~-H°~ ever, it may be conveyed in whole or part to (t~prove the northerly and southerly lots on the westerly Ruch Lane. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JOSEPH CLIFFORD CORNELL to the TO: Board of Appeals of the Town of Southold J. XIKIS 32-55 Steinway Street Astoria, New York 11102 ELEANOR RUCH 54300 North Road Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: NOTICE ARSHAMOMOQUE ASSOCIATES c/o Staller Ass?ciates, Inc. 1455 Veterans Highway Hauppauge, New York 11787 ALFRED CAIOLA and WIFE 2330 Lodoyick Avenue Bronx, New York 10469 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- cribed as follows: Lots 6~ 7~ 8 and 9 on Map of Shorecrest at Arshamomoque as filed in the Suffolk County Clerk's Office aa Map No. 5584. 3. Thattheproperty.whichi~thesubjectofsuch Petitionislocatedinthefollowingzoningdistrict: "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 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 ap pear and be heard at such hearing. Dated: February 27, 1980 ~do~.os~'ph ~lifford Cornell by Richard J. Cron, as attorney Post Office Address Main Road Cutchogue, New York 11935 NAM~ J. Xikis Eleanor Ruch Arshamomoque Associates Alfred C~iola and wife PROOF OF MAILING OF NOTICE ADDRESS 32-55 Steinway Street Astoria, New York 11102 54300 North Road Southold, New York 11971 c/o Staller-Associates, Inc. 1455 Veterans Highwa'y Hauppauge, New York 11787 2330 Lodoyick Avenue Bronx, New York 10469 I~S Form 3800, Apr. 1976 Form 3800, Apr. 1976 ~or .r~ ~8~1,.,,, Apr. 1976 PS Form 3800, Apr. 1976 CONSULT POSTMASTER FOR FEES · OPTIONAL SERVICES : ~URNRECEI~SERVICE e~ m STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: JANE W. FIATLEY , residing at Mattituck, New York , being duly sworn, deposes and says that on the 2~ thday of February ,19 80 , deponent mailed a true copy of the Notice set forth on the re- vers. e side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses ~et 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 Cutchogue ; that said Notices were mailed to each of said persons by (certified) (registered) mail. e W. Flatley / SEE SEC NO 044 MATCH ~ I .¢ TOWN OF SOUTHOLD ~,.~ ZO A(c) 24.0A[c)