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HomeMy WebLinkAbout2649NOTICE OF HEARINGS Pursuant to Town Law Section 267 and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, Public Hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, Thursday, December 27, 1979 on the following: 7:50 P.M. Application of Y & C HOLDING CORP., 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq.) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: right-of-way on the northerly side of County Road 27; bounded north by L.I. Sound, west by Troyano and McGunnigle, south by McGunnigle and Ebeling, east by Wicks. 8:00 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck~ New York for a Variance to the Zoning Ordinancef Article III& Section 100-32 for permission to construct fence over four fee~ hiqh in front yard. Location of property: Nassau Point Amended Map A, Map #156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:10 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construc~ fence (accessory) in front yard. Location of property: Nassau Point Amended Map A, Map #156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:25 P.M. Application of JAMES REALE (by Peter Stoutenburgh), Skunk Lane, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory building in side yard. Location of property: 7845 Skunk Lane, Cutchogue, New York; bounded north by Frieman NOTICE OF HEARINGS Pursuant to Town Law Sec- tion 267 and Provisions of the Amended Building Zone Or- dinance of Southold Town, New York, Public Hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Soathold,-New York, Thursday, December 27, 1979 on the following: 7: 50 P.M. Application of Y & C HOLDING CORP., 142-17 38th Avenue, Flushing, New York (Abigail A. Wiekham, Esq.) for a Variance for ap- proval of access in accordance with Town Law Section 2~0A. Location of property: right-of- way on the northerly side of County Road 27, Peconic; bounded north by L.I. Sound, west by Troyano and McGun- nigle, south by McGunnigle and Ebeling, east by Wicks. 100-32 for permission to con- struct fence over four feet high in front yard. Location of property: Nassau Point Amended Map A, Map //156, Lots 18 and parl of 17; bound- ed north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:10 P.M~ Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to con- struct fence (accessory) in front yard. Location of proper- ty: Nassau Point Amended Map A, Map//156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:25 P.M. Application of JAMES REALE (by Peter Stoutenburgh), Skunk Lane, Cutchogue, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building in side yard. Location of property: 7845 Skunk Lane, Cutchogue, New York; bounded north, by . Frieman and Cordes, east by Kaller, south by Skunk Lane, west by Petrucci. 8:40 P.M. Application of CHARLES BOCKLET (by Pe- ter Stoutenburgh), 72 Fourth Street, Garden City, New York, for a Special Exception to the Zoning Ordinance for permission to establish second residence on same lot, Article III, Section 100-30A. Location of property: Robinson Lane, Peconic, New York; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robinson Lane. 8:55 P,M. Application of JOHN R. DEMPSEY (North Fork Equities, Inc. for Diane Gazza), North Road, Soathold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to obtain Certificate of Occupancy with insufficient frontyard setback. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots No. 21, 22, 23, and 24 on Map No. 90 of Cedar Beach Park. 9:10 P.M. Application of STEPHEN J. PERRICONE and PENELOPE KOUSOU- ROS, 7470 Sound Avenue, Mat- tituck, New York for a Var- iance to the Zoning Ordinance, · Article VI, Section 100-60 for permission to establish a disco bar with dancing. Location of property: Sound Avenue, Mat- tituck, New York; bounded north by Sound Avenue, east bv Senko. south and west by COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ..TO ~1','r GU 3'2AV'30i'I ...................................... being duly Sworn, scrys that ........ S?T is Printer and Publisher of ~he SUFFOLK WERKLY TIMES. a newspaper published ~rt Greenport. in said county; and thnt the notice, of which the annexed is a printed copy, has been published in the said Suftolk Weekly Times ONE c~nce in eoch week, for ........................... weeks thirteenth s~c~ssi~ly ~o~en¢in~ ~n the .......................... December 19.~9. day of ....... i iiii[i~... ,~.-~-'.~:'~ ~?~ .......... Swam to befol~e me this . ./.O. ...... MARGARET A. YCU['I2 NOTARY PUL~LIC, Stat~ ot Now York Suffolk County - No. 52-9776895 Term [xpires March 30, 1980 NOTICE OF HEARINGS Pursuant to Town Law Sec- tion 267 and Provisions of the Amended Building Zone Or- dioance of Southold Town, New York, Public Hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, Thursday, December 27, 1979 on the following: 7:50 P.M. Application of Y & C HOLDING CORP., 142-17 38th Avenue, Flushing, New York (Abigail A. Wickham, Esq.) for a Variance for approval of access in accord- ance with Town Law Section 280A. Location of property: right-of-way on the northerly side of County Roag 27, Peconic; bounded north by L.I. · Sound, west by Troyuno and McGunnigle, south by McGun- nigle and Ebeiing, east by Wicks. 8:00 P.M. Appliv~t~ion of ~UNTER MORCHEL. Main Road, Mattituck1 New ¥~r~ ~nL a Variance to' the Zoning Ordinance, Article Ill, Section 100.32 for permission to con- struct fence over four feet high in front yard. Location of property: Nassau Point A- mended. Map A, Map #156, Lots 18 and part of 17; bounded north by Old Men- haden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. 8:10 P.M. Application of GUNTER MORCHEL, Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article HI, Section 100-35 for permission to con- struct fence (accessory) in front yard. Location of pro- perty: Nassau Point Amended Map A, Map #156, Lots 18 and part of 17; bounded north by Old Menhaden Road, east by Pecunic Bay, south by Case, west by Nassau Point Road. 8:25 P.M. Application of JAMES REALE (by Peter Stoutenburgh), Skunk Lane, Cutchogue, New York for a Variance to the Zoning Ordin- unce, Article El, Section 100- 32 for permission to construct accessory building in side yard. Location of property: 7845 Skunk Lane, Cutshoaue. N_New York; bounded north by Frieman and Cordes, east by Kaller, south by Skunk Lane, west by Petrucci. 8:40 P.M. Application of CHARLES BOCKLET (by Pet- COUNTY OF SUFFOLK STAI"IE OF NIz-'~/ 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; ~nd that the notice of which the annexed is a printed copy, kas been published in said Long Island Traveler-Watch- man once each week for ...... ! ......... weeks successively, commencing on the ...... ~ ............ Sworn to before me this .../-~.. ............ y Public ................... 0 NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote ................................... ..~., ,/? ............... 19 PLEASE TAKE NOTICE that your applic,tion dated .................................... ~q.~.....e19..[.. for permit to construct ........................................ at the premises Iocmed at .................................... returned herewith and disapproved on the follow;rig grounds ....... ....... .............. ~.~ ~,~ ~,~,,~..~ ......... ~ ........ ~.~,~.~ ....... ~.~.~~ /Oeo - /tl --~3 ~~ ~/7 ~/~ ~ ~ P~ Bui,dinO ,n,pector O O TOWN OF SOUTHOLD, NL~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '/'7 DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~e) GUNTER MORCHEL . MAIN ROAD '. Name of Appellant Street and Number ................. .H...A.~...~T..~..~. ........................................................... ..~^.~., .............. 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 ( ) ( ) GUNTER MORCHEL Name of Applicant for permit ............ VtAI~I..~Q~Q. ..................... ~AT~T~.CIf, ..................... ~,.~., ...................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY NASSAU POINT ROAD NASSAU POINT Street Use District on Zoning Mop N.P. PROP. AMENDED MAP %t:1 ............................................ 56 .1..7....&... 1..8. ........ Map No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) art. 3, sec. 100-32 3. TYPE OF APPEAL Appeal is made herewith for ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (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 A Variance to the Zoning Ordinance is requested for the reason that l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ my existing home is to close to the cliff, facing the water east on lot ~17, 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 all homes on Nassau Point Road, facing east, are near the water llne. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are no homes next to the proposed tennis court on both sides or anywhere else in the facinity east of Nassau Point Road. DEPARTMENT OF PLANNING To~n of Southold Board of Appeals January 7, 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 Gunter Morchel John R. Dempsey Charles R. Bocklet 2651 2652 2654 CCN:Jk Very truly yours, Lee E. Koppelman Director of Planning CH:IiF PLANN.':R 0 Southold Town Board of Appeals SOUTHOLO~ L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHiLL ROBERTJ. DOUGLAS~ Acting Chairman 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. 2649. Application of GUNTER MORCHEL, Main Road, Mattituck, New York 11952. Location of Project: Nassau Point Amended Map A 9156, Lots 18 and part of 17, County Tax Map Item No. 1000-111-9-3. Permission Requested: To construct fence over four feet high in front yard area. Article III, Section 100-32. 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 Hap 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: December 10, 1979. E~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 studiest 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) Eh~'i'ronmental Assessment 1. Will project result in a large physical change to the project site 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 fpund on the site? .........., Yes 3. Will project alter or have a large effect on existing body of water? ' Yes o 4. Will project have o potentially large impact on groundwater quality? .... ................... .,.~es, ..o 5. 'Will project significantly effect drainage. flew on adjacent sites? ....................... .- Yes., Nq '6L- Will project affect any threatened or endangered plant or animal species? ........... Yes No 7. Will project result in a major adverse effect on air quality? ......................... .. .. . . Yes 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 ~. Will project adversely impact any site or structure of historict prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............ ~:.-'~.~'---~'~"-'~ Yes., o lO. Will project have a major effect on existing or future recreational opportunities? ......... Yes, ll. Will project result in major traffic problems or cause a major effect to existing · Yes /No transportation systems? ....................... .,, 12. Will project regularly cause objectlonoble odors~ noise~ glare, vibration~ or electrical disturbanceas o result of the project's /No operation? ..................................... Yes 13. Will project hove any impact on public health or.safety? .................................... Yes /No 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have o mo]or negative effect on the choracte~ of the community or neighborhood? ................................. Yes o l~. is there public controversy concerning the /No project? ...................................... .--Yes PREPARER'S SIGNATURE. /.~Z/ REPRESENTING_..~/~6~ ,~~ -" ~--~ JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 December 3, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2649 application of Gunter Morchel for a variance. Also included are notification to adjoining property owners as follows: Mr. JTT/bn cc:file Enc./ George Case, Nassau Point Road, Cutchogue, New York 11935. Southold Town Board of Appeals SOUTHOLD,.L. I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS~, ~cting Chairman December 3, 1979 Mr. Gunter Morchel Main Road Mattituck, N.Y. 11952 Re: Appeal No. 2649 Application for Variance Dear Mr. Morchel: We'are in receipt of your application for a variance to the Zoning Ordinance pursuant to Article III, Section 100-32 for permission to construct accessory in frontyard. In the Building Inspector's Notice of Disapproval, he has based his disapproval on two grounds: · (a) Article III, Section 100-35, fence over 4-foot high not permitted in front yard, and (b) Article III, SectiQn 100-32, accessory use not permitted in front yard. It appears that you are requesting permission to con- struct fence both over 4-foot. high and-in the frontyard as the Building Inspector has noted. In order for the Board of Appeals to even consider both, the applicant must make ap- plication for both. Your application only mentions Article · III, Section 100-32, accessory use in front yard. Enclosed are copies of the variance application in order that you may request permission to construct fence over 4-foot high. The same procedure applies. The deadlin~ for the next Board of Appeals hearings that will be se~ up is December 6, 1979. O O To: Gunter Morchel -2- December 3, 1979 Also, the following documents should be ~ompleted by you and filed with this Department before December 6, 1979: (a) Short Environmental Assessment Form, which is enclosed should be completed for each variance application, (b) six (6) copies of the survey for each file inasmuch as three copies will be forwarded to the Suffolk County Plan- ning Commission for their recommendation. We are sorry that you were not informed upon your filing of the first application, but these are procedures now mandated. If you have.any questions, please do not hesitate to call this office. Sincerely yours, Enclosures Linda F. Kowalski, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS# Acting Chairman Southold Town Board of Appeals -=:OUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 December 7, 1979 Gary Flanner Olsen, Esq. Main Road~ Box 38 Mattituck, NY 11952 Re: Morchel Appeal Nos. 2651 and 2649 Dear Mr. Olsen: Attached are the photocopies you requested regard- ing the above applications. Please send a $2.25 check made payable to the Southold Town Clerk in payment of same. Thank you. Sincerely yours, Linda Kowalski, Secretary P.S. They are scheduled for the December 27, 1979 meeting at'8:00 and 8:10 P.M. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: MR. ~]EORGE S. CASE NASSAU POINT ROAD NASSAU POINT, N.Y. 11935 YOU ARE HEREBY GIVEN NOTICE: 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) (Special Exception) (Special Permit) (the following relief: To construct a tennis court with a 10- foot hiqh fence. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: lot ~ 17 & 18_. N.P. prop~r~_v amended map "A" nn Nassau point Road. 3. That the property which is the subject of such Petition is located in the following zoning district: art. 3. sec. 100-32. 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: To b~ild a tennis court on lot ~18~ facinq Nassau Point Road with a 10- ft hiah fence. $. That the provisions of t.h,e Southold Town Zoning Code applicable to the relief sought by the under- signedare: MR. (;EORGE S. CASE, NASSAU POIN~T ROAD, NASSAU POINT, N.Y. 11935 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. D~ed: NOVEMBER 27a1979 GUNTER MORCHEL Petitioner Post OfficeAddress P.O. Box 1216 . MAIN ROAD MATTITUCK, n.y. 11952 NAME PROOFOFMAILING OFNOTICF ADDRESS 9£6[ 'Jd¥ '008£ uuJo~l Sc[ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~'/~"'~'~'~ ~'~/'~'/~'~ ~/~ , residing at ..,,¢-~..,~/,.,,~-' ~---//~'/~3'-5~-/~-.,~-'~/7" , being duly sworn, deposes and says that on the~_ day of .'6~".~'--'''" .¢r'~/.~z~'~, 19 ~, 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 .,"¢¢'~ ~'":-/~/ ~'"' ~'/;f' ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this '=-~ day ot"~'~/,~'~/_-~'¢ e I g ~ / -~odr~ Public I,SA(c) ZG I. OA 25 26 I. TA(c)//'/* 2.9A(c)/~'/ 1.2 5A'{cl I.gA(c) ~.d,°~ I.:~A (c) ~,p~ /' 3.4A (c) 29 MAP OF PROPERTY ' ?;U~VEMED FO~ GUNTER .MORC'FtEL AT ITl ~lVlO NU IV~ENT POINT 417.00 I