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Home My WebLink About3744 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS Upon application of WILLIAM BAXTERr JR. AND JANE BAXTER GOELLER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way extending off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-72-2-2.1 and 3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of WILLIAM BAXTER, JR. under Appl. No. 3744; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 072, Block 2, Lot 2.1 and 3. 2. The subject premises is vacant and contains a total lot area of 5.022 acres, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated March 10, 1987. ~a~e ~ "- Appl. No. 3744 Matter of WILLIAM AND JANE BAXTER Decision Rendered September 16, 1988 3. By this application, appellant requests approval of the insufficient lot area of not less than 67,483 sq. ft., having 130.08 ft. frontage along the Long Island Sound and 567.54 ft. average lot depth (referred to as Lot No. 2). Lot No. 1 will contain a total area of 151,301 sq. ft. with 224.83 ft. frontage along the Long Island Sound. The entire premises is accessible to Oregon Road, the nearest Town Street, by a private right-of-way within this proposed subdivision. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. This Board does agree that the layout of the remaining section of land (established prior to May of 1983) does lend to the practical difficulties in this case and that the relief as requested is the minimum necessary as required by the Courts. 6. In considering this alternative relief, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (e) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that the relief requested is not substantial in relation to the current lot size requirement; (e) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (f) that the relief requested is the minimal necessary under the circumstances; (g) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a variance, as conditionally noted below. Accordingly, on motion by Mr. Sawieki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance for Lot No. 2 of an area of 67,483 sq. ft. and average lot width of 130.08+- feet, as applied Page · "- Appl. No. 3744 Matte~ of WILLIAM AND JANE BAXTER Decision Rendered September 16, 1988 in the Matter of WILLIAM BAXTER, JR. under Appeal No. 3744, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions to less than 67,483 sq.ft, of this parcel; 2. Ail new construction must conform to the current zoning requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND ~LED BY ToM To~ ~erk, Town of ~uthold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI'lAD-~TATE RI'tAD 25 SI'IUTHI3LD, L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 October 4, 1988 Abigail A. Wickham, Esq. Wickham, wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appl. No. 3744 - William Baxter, Jr. Dear Gail: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Copies of same have also been furnished with the Planning Board and Building Inspector Offices for their files. In the event that jurisdiction for Access Approval is necessary by the Board of Appeals, the standards for improvements over the entire length of the right-of-way must be as follows (as a minimum): (a) Improved minimum width of 15 feet wide with six inches (6") of soil removed and replaced with six inches (6") of bank run scarified into the surface; and (b) filling of any and all pot holes; (c) continuous maintenance in good condition. Yours very truly, GERARD P. GOEHRINGER Enclosure Copy of Decision to: office of the Building Inspectors Office of the Planning Board Suffolk County Planning Commission _NO T_I~C_E~O F~H ~_A R~ G~S NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, the following hearings will be held by the SOUTHOLD ~WN BOARD OF APPEALS at a Regular Meeting at'-the' Southold. T~Wn HalT 'Main Ro~d, S~u~no d~ on THURSDAY~ AUGUST 1'~ 1988~ at the foliow~imes: NY !197i, 7:35 p.m. Appl. No. 3740 - CAROL MAGUIRE. Variances to the Zoning Ordinance~ Article III~ Section i00-32~ for the placement of accessory building in an area other than the Fbquired r~aryard, and Article XI, Section lO0=!!9~l~ for the placement o~ a fence i~ the the maximum-permitted four-foot of Property: 2500 Nassau Point T'ax'Map Parcel No~ 1000-104-i2=14oio 7:40 p.m. Variance to the frontyard area ~n excess of height requirement. Location Roa~, Cutchogue~ NY; County Appl~ No. 3750 - ~E,YMOUR A~D MERLE LEV~N~E. Zoning Ordinance, Article III, Section 100~32 f~r placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road #8~ East Marion~ NY; County Tax Map Parcel No. '1000-23-1-3.2, 7:45 p.m. Appl~ No. 3751 - JEAN C:T~OEEAND/LONGNECKER. Variances to the"~6ning brdinance, Article III, Section 100-31, Bulk Schedule( for approval of proposed Parcels and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane~ and Lowland Road at Nassau' Point Map Section C, Lots 327 and 328~ and Walter Grabie Map~ Lots 36 and 37; Cutchogue~ NY~ County Tax Parcel No] 1000-11t-10~18~ 1, and 2. A Page 2 - Notice"of Hearings Regular Meeting August 18, 1988 Southold ToWn Board of Appeals 7:55 p.m. Appl. No. 3753 - VINCENT GEROSA, Variance to the Zoning Ordinance, Article ×I, Section~-qOO-119.2A, for per- mission to construct additions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long ~tsland Sound. Location of Property: 3.15-Aquaview Avenue, East Marion, 'NY~ County Tax Map Parcel No. 1-000-21-2-3~ 8:00 p.m. Appl. No, 3755SE - TIMOTHY COFFEY AND THE COVE AT' SOUTHOLD, INC. -Special Exception to the Zoning Ordinance, Article }tI,,.~Sectio~lO0~-30C, for permission to erect off-premises-directi~nal~sign. Location of Property: South Side of the Main Road-(S.R. 25), Sou~hold, NY; County Tax Ma~ Parcel No. 1000~75-06~7.3. - 8:05 p.m. Appl. No. 3756V -:HENRY J. SMITH AND THE COVE AT'SOUTHOLD, INC.- -.-Variance to the Zoning Ordinance, Article VI, Section 100-60, for permission to erec~ off-premises- directional sign. L~cation of Property: South Side of the ~ain Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-70-07-007. (Business-Zone District). ~to t 8;10 p.m. Appl. No. 3744 - ~ILLIAM ~AXTER~ JR. Variances he Zoning Ordinance, Article III, Sec~'ion 100-31, Bulk Schedule~ for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board. Location of Property: Private right-of-way ex-tending off the north-side of Oregon Road, Cutchogue, NY; County T~x Map Parcel No. 1000~72-2-2.1 and 3. ~p.m. Appl. No. 3754 ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize existing barns four storage of general items (instead of agricultural storage) and use as an alternative under New.~¥~rk Town Law, Sectqon 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1.-~ Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski FORM 190. TOWN OF $OUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD. N.Y. NOTICE OF DISAPPROVAL , ~ (.9..~.~! ......................... . .~..,..~...~.. ~:.9.:. ~../?..~-.~ ...... PLEASE TAKE NOTICE that your application dated . .~.q~.. for permit to ~ ..........................................................~-~ ~~ at Locat ion of PropertyHou,o '~: 9:No.~.'.. ~''~ ~ ~'' ~" County Tax Map No. 1000 Section . .'.9. ~.~ ..... Block .... 9. ~ ...... Lot . ~.' ~. ~. ~ ..... Subdivision .................. Filed. Map No ................. Lot No .................. is returned herewith and disapproved on ihe Ibllowing grounds ~ .... ~ ...................... ~.,.e~N.-. ~ ~.~. ~ ~.%.~. &~:.~.~ Buikling Inspector RV TOWN OF SOUTHOLD, N~~~ APPEAL ROM OEaS ON DP BUiLDiNG ,NSP C'rO t t TO THE ZONING BOARD OF APPEALS, TOWN OF S~TH~D, N. Y. 1, (We).~..~.~g~.~.~.~.~9~.~..~.t.g,~f ..~.~.~.,~.9.~.~ ....................................................... Name of Appellant Street a~ Number ................ M~t.t£.t~c~ .......................................................... ~Ie~...~o~.k~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON FOR Permit to APPLICATION FOR PERMIT ~....,.S,P~g.d..i..v,.i..d..e. .............. DATED ..~{,$~..~..!~.~I ........................ .WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO SUBDIVIDE WILLIAM BAXTER, JR. Name of Applicant for permit 1030 East Putnam Avenue Greenwich Comuecticut Municipality State A ...... ENTIAL Tax 1. LOCATION OF THE PROPERTY .~.~.~.~.~.~.~.~.~.A.]~.~.~?..~.~.~..~..~..~.~.~.~J?~.:~.~?...~?.?.~.~.T~.. ....... Street /Hamlet / Use District on Zoning Map William Baxter~ Jr. and District lO00 Section 072Block02 Lot2.1 ~ . .................................................................................. ~urren~ Owner Jane Baxter Goeller Map No. Lot No. Prior Owner 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 I, Section 106.20 Article III, Bectio~ 100-3~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) 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 ~ (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 we would like to set off a 67,483 square foot lot from this 218,784 parcel because the two parts of this single parcel are almost completely separated by an intervening property. ]Porto (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATJOf~iOF THE ORDINANCE would produce practico~ difficulties or unneces- sary HARDSHIP because~t~e parcel ~: ~ zs effecuzvely divided into two (2) separate parcels by the Gallagher property~ which lies between the two parts of the parcel~ The two parts are only joined by a twenty (20) foot wide strip of land and cannot practically be used as one whole parcel° 2. The hardship crected is UNIQUE and is not shared by aJ[ properties alike in the immediate vicinity of this property and in this use district because no other ~* - pa~e± is, in effect~ two (2) lots joined by a seventy (70) foot long strip only twenty (20) wide° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the resulting two (2) lots would each be more than one acre, and would be as large as others in the district. STATE OF NEW YORK COUNTY OF SUFFOLK SS Wi It]am Wickham~ as attorney for applicant Sworn to this ~ ~ day of,. ~.~'~.~r~ ......................... ]9 88 I 'OF O~NER FORMER OWNER RES. 5// LAND I IMP. Y AGE NEW Farm Tillable Tillable 2 Tillable 3 Waodland Swam~ I STREET VL. TOTAL FARM DATE BUILDING CONDITION NORMAL ---'- BELOW .... Acre VoIue P;;r-~c re VILLAGE LOT DISTRICT SUB. TYPE OF BUILDING COMM. IND. CB. ~ MISC. ABOVE Tetal ' ' ' ' ' LAW OffICES WICKHAM, WICKHAM ~ BRESSLER, MAIN ROAD, P 0 BOX I424 MAtTItUCK, LOnG ISLAND NEW YORK ~I952 June 24, 1988 MORTGAGEOFFICE 516o~98-~300 $outhold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application No. 3744 William Baxter, Jr. and Jane Baxter Goeller Gentlemen: Enclosed please find proof of mailing of notice, as I have re-noticed the adjolnlng property owners pursuant to Mr. Goehringer's letter dated June 21, 1988. The proper section that should have been cited in the appeal and the notice to adjoining property owners is Article Ill, Section 100-31. The applicants are seeking a variance for insufficient total area end width. Approval for the subdivision from the Planning Board will be sought when and if the Board of Appeals approves the variance. A single and separate title search will be ordered pursuant to your request, along with copies of deeds for all chapges. These will be forwarded to the Board of Appeals and to the Planning Board upon receipt thereof. There are no wetland areas or ponds which were not shown on the March 10, 1987 survey. Please advise if there is anything else needed. Very truly yours, Karen J. Stretz KJS:amm eric. : ¥1LLIA# BAXTER. ,JR, to h Board of ,l__,~__,~ of the Town of v_?;_..:.~ : TO: TO AD,T&CingT I~ichee) J. Gall/ghat, 9114 981h St., Voodhaven, NY I1421PROI=ERTY O#NER Joseph & Carolyn Riccl, 9701 Shore Rd., Brooklyn, NY !1209 Veronica R. Czebotar, Sunset 8ouleverd, Beverly Hills, Vading River, NY 11792 Jenny Skirel, Wickhem Avenue, Hattituck, NY 11952; Bruno Swlatocha, lalddle Country Hd., Corem, NY 11727; Frsnk J. Swletoche, Hamilton Ave., /aettituck, NY 11952; John S. Swlalocha, Oregon Rd., Cutcho~ue, NY 11915 YOU ARE HEREBY GIVEN NOTICE: 1. Thai it is the intention of the undersigned Ia petition the Board of Appeals of Ihe Town of Soulhold to request ~Spocial Exception) (Special Permit) (O~e=) [¢i2~cle cbo£ce] 2. That the property which is the subject of the Pefilion is Iocared adjacent to your property and is des- crJhed as follows: ~,,,,.a ,hr~,hd~rt,~ ~ k/llll:~m R~vtl~r..Ir. ~,, f'l~,~ Rlnht ~F Var hff f~rj~,,in Road in Cutchogue, New York. ' ' - A:?. Tha.t .the.p.r. ope. rty .which is th~. subject of such Petition is res I ~fl T: I I I/&gr Icu I t uti I · located in the followin~ zoniflI district: 4. That by such Petition, the undefliBned will request the foflowinl relief: to divide the t~m parts · $. That the provisions of the Southold Town ZoniM Code .,,..~.k: .... ,- ....... [_]~.cti~. 2~O-A, b York T~ L~ for approval of access over ri hc I . , ~ ~Jti~ ~ ~ ~M ,. 7. That before the relief sought may he ~ranted, a public hearS,,- mm- "- ~-'~ ..... · . ..~ · u~ ,L~o on ~e matter t~ard of Appeals; that a notre of such hea~n~ must be published at least five dew ,,.~. ,,. hoarin8 in the Suffolk Times and in the L~ bland Tra--~--.u*--~--.-~ -,-- - ,- ,--.- .vwn g. Jouznolo ~ (l~,4~ted for the auld ti,~. ,,at ..,-k .,.*:.~. ~-. d-=-. · ......... ,~_~_ ~' .... ..---.iCa ....... · "~'- ." -~p~,[ 4.m Oe nearo at sucn nemnl. h~:, 6/8/88 Petlti°,.f~'~4~a(a/V(~/~ is a(L/~n y for -" ~ttituck~ ~ York 11952 P 65'-~"-~'-02 430 RECEIPT FOR CERTIFIED MAIL (See Reverse) PO, ~ta'~ and Zl~- Da~e and Address TOTAL Postage & Postmark or Date~ P ',~ 9 102 428 ~ECFipT FOIl CI:=RTIFIFD ~AIL NOT FOR ~NTERNATIONAL MAIL (See Reverse) Street and N p. tate ZiP Code Postage Special Detivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Retun Receipt showm~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) , beanI duly sworn, depo~ and ~ys that on the ~ day of d~ ,19 ~ , deponent mailed a true copy of the Notice ~t forth on the r~ ve~ side hereof, directed to each of the above-named persons at the addres~ set opposite thor tractive name; that the addres~s set opposite lhe nam~ of said persons are the addresses of said ~rsons as ~own on the current assmsment roll of the Town of Southold; that ~id Notic~ were mailed at the United Statm Post rice a~ ~/~ . ~j,~- ; that said Notices were mailed to each of ~id ~som by ~egistered) mai~. ' Sworn tO befo/re me this ~ ~-d'~/ day of ~ I/_X..f--,~ - ,19 ~ otary Public ~ (ThtS side does not have to be completed on form transmitted to adjoining property owners.) Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI June 21, 1988 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, Main Road, P.O. Box 1424 Mattituck, NY 11952 PoC. Re: Appl. No. 3744 William Baxter, Jr. and ano. Dear Ms. Stretz: We are in receipt of the above application recently filed with our office concerning premises located off the north side of Oregon Road, Cutchogue, and shown on the Suffolk County Tax Maps as District 1000, Section 72, Block 2, Lots 2.1 and 3. Before proceeding with this application, the follow- ing information is needed: (1) Please confirm in writing the nature of the variances requested under the Zoning Code. It is noted that the adjoining property owners have been notified of relief under Section 100-32 (which refers to accessory buildings), and the application under paragraph 3 of Appeal Form ZB1 indicates Article I, Section 106.20 and Article III, Section 100-32. Article I, Section 106.20 is Planning Board jurisdiction, and we are not authorized to approve set-offs under this section. (2) Please confirm your position under New York Town Law, Section 280-a. As you may know, it has been the position of the Planning Board to review and consider access approval under 280-a when the right-of-way in question is within the boundaries of the entire subdivi- sion project. Page 2 - Karen J. Stretz, Esq. June 21, 1988 Re: Appl. No. 3744 William Baxter, Jr. & ano. (3) Please furnish a single-and-separate title search certified by a title insurance company in Suffolk County which includes the history of conveyances involv- ing this parcel and newly acquired sections of land between November 23, 1971 to the present time, together with copies of'the Deeds for all changes, for informational and record purposes. (4) At your convenience, please re-notice the ~ ?adjoining property owners confirming the variances l~equested under the Zoning Code in this set-off ~pplication pending before the Planning Board. ~ (5) Please confirm whether or not thqre are any wetland areas, ponds, etc. [freshwater] which may not have been shown on the March 10, 1987 survey. Attached is a recent memorandum from the Planning Board which is furnished for your information. Since the right-of-way is within the subdivision, you should communicate directly to the Planner (providing us with copies for our update). If you have any questions, please feel free to call. Yours very truly, GERARD P. lk CHAIRMAN Enclosure cc: Ms. Valerie Scopaz, Planner Planning Board Chairman and Members Building Department Office of the Town Attorney GOEHRINGER PI D Southold, N.Y. 11971 (516) 765-1938 MEMOANDUM TO: Zoning Board of Appeals RE: Application for area variance for SCTM # 1000-072-02-2.1-/ With regard to the proposed subdivision noted above; the applicant should provide the ZBA with property deeds so that a determination can be made as to whether the 20' strip is part of the right of way shown to the west. The applicant should also be asked to produce a title search to prove that the lot as it now exists is single and separate. Upon receipt of this information, the Planning Board will make a recommendation to the Zoning Board. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD August 18, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN $ .E .Q .R .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ,RSD:-,"tT J. DC, U~LAS3 JOSEPHH, SAWlCKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3744 PROJECT NAME: WILLIAM BAXTER, JR. This notice is issued pursuant--to Part 617 of the implementing regulations pertaining to Article 8 of the,N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of insufficient area and width of in a proposed set-off to be considered by the Planning Board .LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: Private ROW off N/s. Oregon Rd., Cutchogue, NY 72-2-2.1 and 3 lot REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc 'NOTICE IS I~EREBY GIVEN, pmsuant to.=Sg~tO~ 267 of the Town Law mid die Code of To~ ~ ~u~old, ~e follow~g heatings wffi ~ h~d sO.HOLD TO~ BOARD OF APPEA~ at a ~S at ~e Son.Id To~ Hall, M~ R~d. S~d, ~ 1197L ~ THU~DAY~ AUGUST 198S, at the following times: . 7:35 p.m. A~i. No. 3740 -- 'CAROL ~GUIRE. 119,1, rot ~e ph~t f~ h ~e f~ty~ ~,f~r-f~ h~ht requirement. ~ ~ ~: ~ ~aseau ~oht R~d. Cutchogue, N Y~ '~=~ 7:~ p~m. A~I. No. 3750-- ~EYMOUR AND MERLE ~ ~an~ ~e ~ ~ I~- 32 ~or ptac~t of ~ a~so~ ~fldhg h ~ n~a o~ ~ the requi~d ~a~a~. ~fi~ of Pm~: 460 ~va~ R~d h~ ~. ~; ~ T~ Map Pa~ N~ 1~-~-1-3.~ 7:45 p.m. A~I, No. 3751 -- JEAN ~. H O L LAND/LONGNECKER. Vafi- ~ M ~e Z~S Ordnance. Par~ls A and B ha~f ~s~fi- ~cnt ~ ~d ~d~. ~a~ Propefly~ Sunset Road, Beach ~e. ~ ~w~d R~d m Namu P~nt ~ap Se~on C, ~ 327 ~d 3~, and W~r G~bie M~. ~unt~ Ta~) Pa~ No. 1~ lll-10-18,~d 2. 7:55 p~. A~I. No. 3753 -- VINCE~ GEROSA. Vafi~ce to ~ ~g O~ance, A~cle ~ ~ 1~-11~, for ~- ~g dW~g ~ ~ fi~t ~ f~ ~e mp ~ b~k ~nd. ~fi~ ~ P~fly: 315 ~; C~ T~ ~p P~ No. ~0-214-3. ~, ~ ,~. - = -~ ~ CO~Y ~D THE ~O~ AT SO--OLD, INC. )rdin~ce, A~e ~, Secd~. ~-3~, f~ ~si~ m Loca~ ~ P~: ~u~ Side M~ R~d (S,R. ~), ~u~old, !~75-06-7.3. ~ ~-~,~m 8:05 p,m. A~I. No. 3756V -- ~ HENRY J. SMITH AND THE COVE AT SO~HOLD, INC. V~ m ~c ~g Or~, A~ ~ Sc~ 1~-~, for directi~al sign. Location of Prope~: ~ S~de of ~e Road (S.R. ~), Sou~old, NY;. ~ty T~ M~ Pa~ No. 1~- 70-07-007. (Business-Zone p~m. A~I. BAXTER, JR. Va~- S~ ~31, Bulk ~ch~e, for a~ of haiti- , die Planning Board. Location Property: Private right-of-way off the north side of Cutchogue. NY; X Map Parcel No. Appl. No. THOMAS CY- A~icle III, Sectio~ 100- OA for permission to utilize barns for storage of gen- items (instead of agricultural and use as an Under New York Town Law. Sec* tion 280-a exis~ng d~veway for access. Location of Pmpeny: West Side of Depot L~ne, Cutchoguc, NY; District 1000, Section 96. Block 5, Lot 1.2 and pan of I.L 'l~e Beard of Appe~s wl]l at said time and place hear ~ny and all persons or representatives de- siring M be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of thc subject hearing. Each hearing win not start before STATE OF N~RK) } SS: COUNTY OF SUFFOLK) Christina contento of Mattituok, in said Coun~ being duly sworn, says that ho/she is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattituck~ in tho Town of Southold, County of Suffolk and State of New York~ and that tho Netico of which tho annexed Is a printed copy, has bcon regularly published in said Newspaper once each week for 3. weeks successively, commencing on tho 4 day of ..... . ~ * , ? Principal Clerk please call 765~1S09. NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~OUTHOLD TOWN RD OF APP_EA_LS ara Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, 11971, on CAROL'MAGU IRE. Variances to the Zoning Ordinance, Arti- cle II1, Section 100-32, for the placement of accessory building in an area other than the re- quired rearyard, and Article XI, Section 100-119.1, for the place- ment of a fence in the frontyasd area in excess of the maximum- permitted four-foot height re- quirement. Location of Proper- ty: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1. 7:40 p.m. AppL No. 3750. SEYMOUR AND MERLE L~VINE. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-32 for placement of an accessory building in an area other than the required maryard. Location of Property: 460 Private Road No. 8, East Marion, NY; County Tax Map Parcel No. 1000-23ol-3.2. 7:45 p.m. Appl No. 3751. JEAN C. HOLLAND/. LONGNECKER. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule; for approval of pro- posed parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point Map Sec- tion C, Lots 327 and 328, and Walter Greble Map, Lots 36 and 37; Cutchogue, NY: County ~ Map Parcel No. 1000-111-10-18, I and 2. 7:55 p.m. AppL No. 3753. VINCENT GEROSA. Variance to the Zoning Ordinance, Arti- cie XI, Section 100-119.2A, for permission to construct addi- tions to existing dwelling with an insufficient setback from the mp of bank or bluff along the Long Island Sound. Location of Pro- perry: 315 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-3. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TR'AVELER-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 Island Traveler-Watchman / weeks once each week for ........................... successively, commencin§ on the ...................... Sworn to before me this . . ~ .......... /~ ...... ......... day of 8:00 p.m. Appl. No. 3755SE. TIMOTHY COFFEY AND INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect off-premises-directional sign. Location of Property: South Side of the Main Road i, (S,R. 25), Southold, NY; Coun- ty Tax Map Parcel No. 1000-75-06-7.3. · 8:05 p.m. Appl. No. 3756V. HENRY J. SMITH AND THE COVE AT SOUTHOLD~ INC. Variance to the Zoning Or- dinance, Article VI, Section 100-60, for permission to erect off-premises- directional sign. Location of Property: South Side of the Main Road (S.R. Southold, NY; County Tax Map Parcel No. I000-70-07-007. (Business-Zone District). e"ng:10 p.m. Appl. No. 3744. WILLIAM BAXTERI JR. Variances to the Zoning Or- dinance, Article II1, Section 100-31, Bulk Schedule, for ap- proval of insufficient area and width of lot in a proposed set- off to be considered by the Plan- ning Board. Location of Proper- ty: Private right-of-way exten- ding off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel ~,,.._L000-72-2-2.1 and 3; Notary Public BARBARA FOILBF. S Notary Public, 8tat~ of New York No. 480~ C Qualifiod in Suffolk C, oant~ ommizsion ~ ~.3/ 19~a'a 8:15 p.m. Appl. No. 3754. ANDRI~ AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article Ill, Section 100-30A, for permission to utilize existing barns for storage of general items, (instead of agricultural storage) and use as an alternative under New York Town Law, Section 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. The Board of Appeals will at said time and place hear any and all persons or r~presenmtives desiring to be heard in each of the above maters. Written com- ments may also be submitted prior to the conclusion of the subject' hearing, Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: July 27, 1988. BY oRDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IT-8/4/88(6) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons, in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GER~LRD P. GOEHRINGER lk CHAIRMAN Mailing List Hearings of August 18, 1988 Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire (Hand Delivery) P.O. Box 1027 Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq., P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland A~plication) Mr. John Amisano, Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffey) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information JUDITH T. TERRY To: From: Dated: Transmitted herewith is Zoning Appeal No. William Baxter, Jr. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appea. ls Judith T. Terry, Southold Town Clerk June 16, 1988 3744 Town Hall, 53095 Main Road P.O. Boxl179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry LAW OFFICES WICKHAM, WICKHAM & BRESSLER, main roaD, p.o BOX 1424 MAttITUCK. LONG ISLAND NEW YORK 11952 June 8, 1988 Southold Town Board of Appeals Town Hall Main Road $outhold, New York 11971 Re: Application for Minor Subdivision for William Baxter, Jr. and Jane Baxter Goeller Gentlemen: Enclosed are the following in connection ~ith the above application: 1) Application in triplicate. 2) Notice of Disapproval from the Building Inspector. 3) Short Environmental Assessment Form. 4) Original Nctice to Adjoining Owner with Affidavit of Service thereon. 5) Four (4) prints of the survey. 6) Zoning Board of Appeals questionnaire. 7) Photographs of the property. 8) Check in the amoLnt of $150.00 representing the application fee. 9) Copy of the Deed. If you require any further information, please contact us as soon as possible. Very truly yours, Karen J. Stretz KJS:amm eric. BOARD OF APPEALS, TOWN OF SOUTHO~q~LD.. In the Matter of the Petition of ~-~ "~ : WILLIAM BAXTER...JR, : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT Michael J. Gallagher, 9134 98th St., Woodhaven, NY 11421PROPERTY OWNER Joseph & Carolyn Riccl, 9701 Shore Rd., Brooklyn, NY 11209 Veronica R. Czebotar, Sunset Boulevard, Beverly Hills, Wading River, NY 11792 Jenny Sklrel, Wickham Avenue, Mattltuck, NY 11952; Bruno Swiatocha, Middle Country Rd., Coram, NY 11727; Frank J. Swiatocha, Hamilton Ave., Mattituck, NY 11952; John 5. Swlatocha, Oregon Rd., Cutcho§ue, NY 11935 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 ~Special Exception) (Special Permit) (Other) [c±:ele choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoilows: ~o,,nd pr~porty ~F William Rawr~r; .Ir_ nn the Ri~nht nF Way ~Ff Road, in Cutchogue, New York. 3. That the property which is the sub ect of such Petition is located in the following zoning district: A: resi dent ial/agr icu I rural. 4. That by such Petition, the undersigned will request the following relief: to divide the two parts of his parcel 3n~ned only by a Reventy foot ]ong~ 20 foot wide strip of land. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Arti¢'le I and III Sections 106-20 and 100-~., respectively. [ ] Section 280-A, New York Town Law for approval of access over rlght(s)-of-way. 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. (5163 765-1809. 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. Petitioner ~1~ ///// as ~y for 0wner~s Names: WlLLIAH BAXTER, ~R; g JANE Post Office Address BAXTER G~ELLER Wickham, Wickham g Bress]e~, P.C. ~~, Main Road Mattltuck, New York 11952 F MAILING OF NOTICF ~IED MAIL RECEIPTS ~ L ;"r'-'r172 438 RECEIPT FOR CERTIFIED MAIL mo ~NSURAaC[ C0V~:~GE PG0WO~O NOT FOR INTERNATIONAL MAIL (See Reverse) ), Slate and ZiP Code Postage p b59 iG~2 434 RECEIPT FOR cERTIFIED MAIL NOT FOR iN~[RNAT~ONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~-~ , being duly sworn, deposes and says that on the ~'¢/~ day of '/~// ,]//r~__ ,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- ficeat 2~f,-~.///¢zc/'k'l,~/~l~_~ V~r-~:~ ; that said Notices were mailed to each of said persons by (~ertW~e~mall. Sworn to before me this day of ~/~,~ ,19 No(f~ary (This side does not have to be completed on form transmitted to adjoining property owners.) SHOR~ ENVLRO~IENT,AL ,ASSESS~&EN.T FORR (a) In order %o answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the 1Lkely tmpac%s of ~he action. I~ is no~ e~ec~ed ~ha~ additional s~udiee, research or other inves$iga~lons w~l be ~der~a~en. (b) If any ~ues~ion has been answered Yes %he proJec~ ~ny be si~iftc~n= and a cc=pletod Enviro~en~al Assessmen= Fo~ is necessary. (c) If all ~uem=ions have been answered No i~ is l~ely ~ ~his projec~ (d) ~nviro~ental A~essmen~ 1, W~i projec~ res~ in a large physical c~nge ~o ~he proJec~ si~e or physically al~er more ~n 10 acres of land? · · · . · · · Yes X 2. Will ~here be a ~Jor change ~o any ~ique or unusual land fo~ fo~d on =he si~e? Yes X No 3. W~i proJec~ al%er or ~ve a large effec~ on an existing body of wa%er? · . · · · Yes ~ No ~. W~I proJec~ have a po=en~ially large ~pacu on gro~d~er quali=y? · ~ · ~ · · · Yes X 5. W~i project sl~iflcan=ly, effec= drayage ~ on adJacen$ si=es7 ~ , · · · . · . Yoo X No 6. Will proJec~ affec= any t~ea%ened or endanEered -plan~ or anL~l species? ~ · · · . · Yo~ X 7. W~i projec~ res~ in a major adverse effec~ on 8, W~i proJec~ have a mm jot effec~ cn visual cha~ ac~er of =he community or scenic views or vis~au kno~ =o be ~por~an~ ~o ~he core. reunify? ~ . ~ Yes X No 9. Will proJec~ adversely ~pac~ any si~e or ute of his~oric, pre-his~oric, or paleon~ological impor~ance or any si~e desi~a~ed as a critical enviroamcn~l area by a local agency? · · . .. Ye~ .~__ No 10. W~i proJec= have a ~Jor effec~ on exis~g or future recreational oppor~i~los? · · , Yes X 11. Will project result'in ~Jor ~raffic problems or cause a major effect to exisuing ~ransportaulon 12. Will UroJect re~arly cause objectionable odors, noise, glare~ vib~at~on, or electrical dist~r~ ance as a reset of the project's operation? ~ Yes X No 13. Will proJec$ have any impac~ on public health or l&. Will proJoc~ Affect the existing co.unity by directly causxng a growth in permanent popula- ~ion of mot* than 5 percent over a c'nc~year period or have a m~Jor negative effect on charac~ of the ~uniLy ~r ~eiKbboynood'~. · : Yes ~ 1;o 6/8/88 PREPARER' R.PR.S..ITLG. QUESTIONNAIR~ TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If 'Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes ~ Se If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above m/~ average ground--~-~l? State total: ft. Yes No If project is proposed for principal building or structure, is total height at more than 35 feet above W/n average ground-~-~l? State total: ft. Yes NO ® Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ Se Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit % and Nature: Yes (~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): ~ No Planning Board M/D~,~,V~,~ Town Board Yes ~ Town Trustees Yes County Health Department ~,no~ $~1,'~'~,'~ ~ No Village of Greenport Yes ~ OtherN'Y'S'D'E'C' '7~,~1~/~ Y~es ~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes (~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 12. If new construction is proposed in an area within 75 feet of w~tland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the ~,/~ requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed ~ln~/~ ~&L.~/~ Please subm/t photograph~ for the~record. I certify ~ha/ the above statements are true and are being submitted for reliance oa d of App als in considering my application. Signatu~?~~~7~~~r (Authorized Agent) ~~ attorney for applicant 1/88 ~qSULY yOUR L~WTT~ BESOIEE SlMNG THIS INSTI~MENT--TNI~ INSTI~UMENT IH(MJLD BE USED aY LAWYI~S ON~.Y. [Z-~ II"il~riI]t~ m~le ~e 1TM d~? of ,]'u~e , ~i~ct~ ~tmar~l .~d eighty-one BAXTER PP~IPERTIES, INC., a New York corporation with a principal place of business in ~ttituc~, New York DISTRICT SECTION BLOCK LOT WTT.T.~M J. BAXTER, JR., residing at Windrose Way, Greenwich, connecticut and JANE BAXTER GOR~.T.~R, residing at Birch Lane, Greenwich, Connecticut p~rty of the second par~ other good and valuable consideration 3 ~ I000 m~F ~/o~.~ sm:ces~ ~ a.~gus of ibc p~'~y of the secu~d pa~t fo~-ver~ ~iug~d b~.g in the ~ of Southhold, County of Suffolk, State of New York, described as follows on the SuffoLk county Tax Map: Property on Tax Map No. 1000 72, Section 1, Lot 1.1, bounded on the llorth by. the Souald; on the East by Jenny Bokina; on the South lrf Simchick-Bokina and on the West by Simchick. The prol~erty designated on Suffolk. COUnty-Tax Map NO. 1000 ~, · .. ~- - , bounded on the North by the Sound; on the ~ast ]~ l~xupski-Sim~hic; ,on the South by I Krupski and on the/ West by czebotar and another. · SUFFOL'~ ' / RECORDED JUN 17 198l r ARTHUR J. Clerk d Sdffoll~ Southold Tgwn! Board of Appeals -17- January 12, 1978 THE CHAIRMAN: It's always been that way. That's the usual way zoning applies to a rural community. This is not an urban community or suburban. Anyone else? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, CR27 and Sound Avenue, Mattituck, New York. The findings of the Board are that the Board is recognizing an existing situation. The applicant owns two houses and wishes to sell one. This property was set up prior to Zoning. 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 variaace will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Irene Cardinal, South River Road, Calverton, New York, be GRANTED permission to divide property with insufficient width and area, CR27 and Sound Avenue, Mattituck, New Yor~ as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. (After the hearing was closed, Mr. and Mrs. Michalecko, Mr. and Mrs. Berdinka and Mrs. McHugh came up to the Board to ask if anything could be done about the horse situation. They stated that conditions are very unsanitary and that the whole situation was an annoyance to the neighborhood. The Chairman suggested that they get in touch with the Board of Health and the Building Department. They also stated that Mrs. Cardinal has blocked off a right-of-way with a fence.) PUBLIC HEARING: Appeal No. 2381 - 9:00 P.M. (E.S.T.) /~- /- / upon application of Ba×t~r p~oDer~{~. Inc., Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, ~and Town Law, Section 280A for permission to set off lot with insufficient width and approval of access. Location of property: right-of- way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Simcik; south by Krupski; west by Gallagher. Southold Town Board of Appeals -18- January 12, 1978 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Michael J. Gallagher; Veronica Czebotar; Isidore Krupski; Est. of Amelia Simchick c/o Wesley Sinchick; Est. of Amelia Simchick c/o Stanley Simchick. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ABIGAIL WICKHAM, ESQ.: We.have here a piece of property with a very awkward shape and in order to do anything with it we feel this division is necessary. The access would be over the right-of-way as shown on-the map. THE CHAIRMAN: I believe the righ~-of-way has been approved up to ... has it been improved all the way to this lot? ABIGAIL WICKHAM, ESQ.: I know it's been improved up to the point where it takes the turn. It would have to be improved in accordance with the Building Inspector's specifications. THE CHAIRMAN: It should be improved, the topsoil stripped and 6" of bank run put on it for a width of at least 15' extending from the northerly end of the right-of-way which enters from Oregoh Road and borders the property of Isidore Krupski for a distande of 1128'. That's been improved. ABIGAIL WICKHAM, ESQ.: I believe so, if not it would have to be brought up to specifications. THE CHAIRMAN: It will take another 260' to get over to the property that you're talking about. You're going to sell that? Is there anyone else who wishes to speak for this application? (There was no response.) The property is well over 40,000 sq. ft., the property to be sold. It is divided by an adjoining lot from'the balance of the property which consists of 4.63 acres. Does that 4.63 acres in- clude the ... ABIGAIL WICKHAM, ESQ.: It includes the right-of-way. THE CHAIRMAN: And this lot.too, right? The whole property is 4.63 so you will be taking off, approximately, a section which is 95' of shoreline by 580' of depth, 582'+. Everyone understand that? Anyone wish to object to this division of property? (There was no response.) Southold Town Board of Appeals -19- January 12, 1978 After investigation and inspection, the Board finds.that the applicant requests permission to set off lot with insuffi- cient width and approval of access, right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the O~dinance 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. Grigonis, it was RESOLVED, Baxter Properties, Inc.; Main Road, Mattituck, New York, be GRANTED permission to set off lot with insufficient width and approval of access, right-of-way, north side Oregon RQad, Cutchogue, New York, as applied for, subject to the following condition: The unimproved right-of-way extending from the presently improved right-of-way to the lot created by this action shall be improved to a width of at least 15' with 6" of topsoil removed and replaced with 6" of bank run scarified into the surface. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2382 - 9:05 P.M. (E.S.T.) upon application of Elizabeth Froede, 48465 North Road, Southold, New York for a variance in accordance with the'Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: North side CR27, Southold, New York, bounded on the north by L. Sawiski; east by J. A. Droscoski; south by CR27; west by L. Sawiski. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: W. $awicki; J. A. Droscoski. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present to speak for this application? ~.,,.,,:~~ j ~) COUNi'Y OF SUFFOLK I,~,~. SgU~HOLD APPEALS BOARD MEMBERS Gerard P. G&hringe~', Chairman James Dinizio, Jr. Lydia A. lbrtora Lora S. Collins George Homing REPLY MEMORANDUM S out hold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631)765-9064 Telephone (631)765-1809 / ~)k~ tO: FROM: DATE: SUb J: Jerry Goehringer, ZBA Chairm January 24, 2001 Appl. No. 3744 - Baxter Sound Estates In reviewing the two maps attached to your January 18, 2001 memorandum, we find that the lot configurations are identical on the new survey of Mr. Ingegno as compared to the previous survey from Mr. VanTuyl. Therefore, another variance will not be necessary for the overall lot area shown on the survey dated December 20, 2000 (now shown to be 61.567+- sq. ft.), after adjusting the location of the current high water line. Thank you. ~- BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Zoning Board of Appeals Craig Turner, Planner Baxter Sound Estates Minor Subdivision Appeal No. 3744 SCTM # 72-2-2.1 (Cutchogue) January 18, 2001 The Planning Board has received a new application for the expired minor subdivision of Baxter Sound Estates. The property is located on Long Island Sound in the R-80 and A-C zones, requiting a minimum lot size of S0,000 sq. ft. As part of the original application, the applicant received a variance to approve the undersized Lot #2 at 67,483 sq. ft. (see attached copy of decision rendered September 16, 1988 for Appeal # 3744). On the new map, Lot #2 is calculated as 61,567.55 sq. ft. An examination of the maps (attached) shows that most of the disparity is caused by different locations for the High Water Mark. It is unknown whether this is due to natural erosion or a surveyor error. The buildable section of the lot is the same size. The Planning Board and applicant would like to know if a new variance will be required. SE[ Property Tax Service AgencyJ?jcL,Ge~ _ i APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~C-,?-~'~T J. ggU~LAgS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 4, 1988 AJ~igail A. Wickham, Esq. Wickham, wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appl. No. 3744 - William Baxter, Jr. Dear Gail: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. Copies of same have also been furnished with the Planning Board and Building Inspector Offices for their files. In the event that jurisdiction for Access Approval is necessary by the Board of Appeals, the standards for improvements over the entire length of the right-of-way must be as follows (as a minimum): (a) Improved minimum width of 15 feet wide with six inches (6") of soil removed and replaced with six inches (6") of bank run scarified into the surface; and (b) filling of any and all pot holes; (c) continuous maintenance in good condition. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN . Enclosure Copy of Decision to: Office of the Building Inspectors Office of the Planning Board Suffolk County Planning Commission Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. October 20, 1988 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3744 - William Baxter, Jr. Dear Gail: Transmitted herewith for your information and file is a copy of the response received from the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code requirements. Yours very truly, tm Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LIE [, KOPPELMAN DIRECTOR OF PLANNING October 11, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comission 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(s) Municipal File Number(s} William Baxter, Jr. Vincent Gerosa 3744 3753 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRE[CTOR OF PLANNING October 11, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) 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(s) Municipal File Number(s) '~William Baxter, Jr. Vincent Gerosa 3744 3753 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner V~TIERANS MEMORIAL ~IIGHWAY HAUPPAUG£, L.I.* NEW YORK ! 1788 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3774 Matter of WILLIAM BAXTER, JR. Location of Property: N/s Oregon Road, Cutchogue County Tax Map ID No. 1000-72-2-2.1 and 3 Board Members Present: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., and Joseph H. Sawicki. Absent was: Member Doyen of Fishers Island (due to family illness). Also present was the Assistant to the Board, Linda Kowalski, the Applicants and approximately 80 persons in the audience. The Chairman opened the hearing at 9:28 p.m. and read the notice ofhearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VAnTuyl, P.C. dated March 10, 1987 indicating a parcel to be set off from parcel number one which is 151,301 square feet. The parcel in question is 67,000 which is parcel number two on the map, 67,483 square feet. And I have a copy of the Suffolk County Tax Map indi- cating this and surrounding properties in the area. Would you like to be heard Ms. Wickham? MS. WICKHAM: Thank you. I'd like to speak on behalf of the appli- cant. I think if anybody asked me to give them an example of prac- tical difficulty in the extreme, this would befit, .particularly'since the two proposed lots are both each of considerable size ~nd'dimen- sion. And also this configuration was created since at least the early 1940's and a single separate search was submitted.. And I think the practical difficulty is so evident that it compels the granting of this variance. As far as the comments of the Planning Board, I think that, I do want to state it publicly, my client has given me no indication that he does intend to ask, in the future to subdivide that larger lot. But the size of that lot being almost 4 acres, would be consent to any provision against future subdivision for a couple of reasons. Number one; I don't think it's necessary. Particularly since the application of that nature would require the approval of at least three Boards; your Board, the Plan- ning Board and the DEC at the time. And in that case, the practical difficulty or hardship would be considerably greater than it would be in this case because with respect to the insufficent area and pos- sibly how you wouldn't divide the line. I'd be glad to hack this issue out with the Planning Board but at this point, i don't think it's one of your conditions. As far as the road goes, the strip of land coming up from the public road is owned by the applicant, it is subject-to a right-of-way in favor of the Gallagher parcel which is the empty parcel. And I think because of that, the Planning Board would have jurisdiction and it would be a 280-A in front of your Board. ..Bage 2 amea Matter of Willi xter, Jr. Transcript of Hearing - August 18, 1988 CHAIrmAN GOEHRINGER: Thank you. is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Yes sir. MR. GALLAGHER. I'm the owner of the parcel in between. to know where it's going~to be divided. I'd like CHAIRMAN GOEHRINGER: Let me show you the map. Thank you. ~ Is there anybody else who would like to comment on this hearing? Seeing no further comment, no further raise of hands, I'll make a motion closing the hearing and reserving decision until later. Ail in favor - AYE. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Gerard P. Goehringer, Chairman FROM: Bennett Orlowski, Jr., Chairman RE: Application # 3744 William Baxter, Jr. and Jane Baxter Goeller DATE: August 18, 1988 The Planning Board's position on this proposed set-off is that it has no objections provided there is a provision for no further subdivision of the remaining parcel (151,301 square feet). MEMORANDUM TO: Gerard P. Goehringer, Chairman FROM: Valerie Scopaz, Town Planner RE: Application # 3744 William Baxter, Jr. and Jane Baxter Goeller DATE: August 18, 1988 With regard to your letter to the applicant of June 21, 1988, in which reference was made to the status of the right of way, it appears from the map that was submitted to the Planning Board office that the right of way is actually part of the subject property. Perhaps this matter could be cleared up during the hearing, so that a determination can be made as to whether your Board or the Planning Board has jurisdiction over the construction of the access to the subject property. WlCKHAM, WlCKHAM & BRESSLER, MAIN ROAD, PO BOX 1424 MATTITUCK, LONG ISLAND NEW YOrK 11952 516-298-8353 July 22, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application No.3744 William Baxter, Jr. and Jane Baxter Goeller Gentlemen: Enclosed please find the Single and Separate Search requested in your letter dated June 21, 1988. As you can see from the search, the property was acquired by the Baxters in 1955. Although it does not show on the search, Baxter Properties, Inc. deeded the property to William Baxter, Jr. and Jane Baxter Goeller. A copy of this deed, which was recorded in Liber 9019 page 122 on June 17, 1981, was sent with the application. I have forwarded a copy of the Single and Separate Search to the Planning Board, along with a copy of the deed. Please contact me if there are any additional items needed. Very truly yours, Karen J. Stretz KJS:amm eric. cc: Southold Town Planning Board AL. HA 5.022 AC. 5UF'E CD, I2EP71 OF NCAL),'H, N,Y, 5 LiC,~LO, L,~,85626 s~. ~uFr: c_o:^~Z/fl~!:'_ r:,^'r4,: :_ _[~0._'.: OZ~: A' Z_,_! JAN '1 $ 2001 Southold Town Planning Board DECEMBER 1, 1999 AUGUST MINOR SUBDIVISION FOR BAXTER SOUND ESTATES SITUA TED A T CUTCHOGUE TOWN OF- SOUTHOLD SUFFOLK COUNTY, NEW YORK SCALE 1"=100' SEPTEMBER 9, 1999 ADDED DRIVEWAY RELOCATION & EXISTING WELL & CESSPOOL 14, 2000 ADDED PROPOSED WELL & CESSPOOL DECEMBER 20, 2000 REVISED LOTS LOCATION PROPERI'~ KEY MAP SCALE 1"=600' TYPJCAL WELL PLO T (NOT TO SCALE) PROPERT¢ UNE7 BUILDING P00L5 ROAD PLAN TYPICAL SE WA GE DISPOSAL (NOT TO SCALE) SYSTEM TOTAL AREA = 202,695.22 (TO TiE LINE) 4.653 ac. BUILDING ZONE DISTRICT: FIRE DISTRICT: sq. ff. R-80 SOUTHOLD TEST HOLE DATA I HEREBY CERTIF~ THAT THIS MAP WAS MADE BF US FROM ACTUAL SURVEYS COMPLETED SEPTEMBER g, 1999 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED B) THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTfON OF APPROVAL OATEG OWNER AND APPLICANT: WILLIAM BAXTER JR. JANE BAXTER GOELLER NASSAU POINT ROAD CUTCHOGUE, N.Y. 11935 EAST MORICHES, N.Y. 11940 Joseph A. Ingegno Land Surveyor PHONE (516)727-2090 OFFICES LOCATED AT Fox (516)722-5093 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N Y NOTES~ 1. CONTOURS BY CHAIRMAN PLANNfNG BOARD THiS SUBDIVISION WILL APPEAR IN DISTRICT 1000 SECTION 72 BLOCK 02 THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. ARE REFERENCED TO FI~VE EASTERN TOWNS TOPOGRAPHICAL MAP