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LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town Law and the provisions of
the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Hall, Main Road, Southold, New York, on
Thursday, November 9, 1978, on the following appeals:
7:45 P.M. (E.S.T.) Upon application of North Fork Bank and
Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A.
Wickham, Esq.) for a variance in accordance with the Zoning
Ordinance, Article VII, Section 100-71 and Bulk and Parking
Schedule for permission to construct an addition on the Southold
office. Location of property: Main Road, Southold, New York,
bounded on the north by Main Road; east by Rudolph H. Bruer;
south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west
by Grace R. Edson.
~ 7:55 P.M. (E.S.T.) Upon_application of Joseph Kubacki,'Nokomis
Road, Southold, New York, (Abigail A. Wickham, Esq.) for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-31 and Bulk and Parking Schedule for permission to
construct a house with insufficient front yard setback. Location
of property: Nokomis Road, Southold, New York, bounded on the
north by Nokomis Road; east by Stanley and Joyce Garen; south
by Russel Freund; west by Antoine H. Van den Heuvel.
8:10 P.M. (E.S.T.) Upon application of Evelyn C. Olsen, Main
Road, Laurel, New York, for a variance in accordance with the
Zoning Ordinance, Article VI, and Bulk and Parking Schedule for
permission to construct an addition to an existing building. Lo-
cation of property: Main Road, Laurel, New York, bounded on the
north by Main Road (State Road 25); east by Sophie Kander; south
by Katherine B. Tuthill; west by H. Pollak.
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the
provisions of the Amended
Building Zone Ordinance of
the Town of Scuthold, New
York, public hearings will be
held by the Zoning Board of
Appeals at the Town Hall,
Main Road, Southold, New
York, on Thursday, November
9, 1978, on the following ap-
peals:
7:45 P.M. (E.S.T.) Upon
application of North Fork
Bank and Trust Company, 245
Love Lane, Mattituck, New
York, (Abigail A. Wickham,
Esq.) for a variance in ac-
cordance with the Zoning
Ordinance, Article VII,
Section 100-71 and Bulk and
Parking Schedule for per-
mission to construct an ad-
dition on the Scuthold office.
Location of property: Main
Road, Southuld, New Yorik~
bounded on the north by Mai
Road; east by Rudolph H.
Bruer; sonth by Grace R.
Edson, Lewis Edson and
Deborah D. Edson; west by
Grace R. Edson.
7:55 p.M. (E.S,T.) Upon
~ Nokomis Road,
Southold, New york, (Abigail
A. Wickham, Esq.) for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-31 and Bulk
and' Parking Schedule for
permission to construct a
house with insufficient front
yard sethack. Location of
property: Nokomis Road,
Sonthold. New York. bounded
on the north by Nokomis
Road; east by Stanley and
Joyce Garen; south by Russel
Freund: west by Antoine H.
Van den HeuveL
8:10 P.M. (E.S.T.) Upon
application of Evelyn C.
Olsen, Main Read .Laurel,
New York, for a variance m
accordance with the Zoning
Ordinance, Article VI, and
Bulk and Parking Schedule for
permission to construct an
addition to an existing
building. Location of
property:. Main Road, Laurel,
New York, bounded on the
north by.Main Road (State
Road 25); .east by Sophie
Kander; smth by Katherine
B. Tuthill; ~west by H. Pollak.
8:25 P.M~ (E.S.T.) Upon
aPplicationOf Richard Wail,
2715 Nassau Point 'Road,
Cutchoguei New York
(William ~jac~, as Agun. t),
for a variance to the Zomng
Ordinanc~,:Article III, Section
100-32 f0~' 'permission to
construct: Sn accessory
building ia the front yara
area. ~ of prOperty:
Nassau Point Roaa, Cut-
chogue, New York, bounded
on the ~ by Felix R.
· Palmeri;~east by Little
Peconic ~ay; soutl{ by B~r,-
nard E~ '~erler; west y
NaSSau POint Road.
8:35 p~l. (E.S.T.) Upon
application of Olympia
Kouros, Main Road, Mat-
tituck. New York, for a
variance to the Zoning Or-
dinance, Article III, Section
100-31 and Bulk and Parking
Schedule for permission to
divide property into 3 lots with
insufficient area and width.
Location of property: Bunny
Lane and Ko~yos Road, New
Suffotk, bounded on the north
by .Koaros.~6ad; east by
Bunny LanaA south by Joseph
Arena: we~ by Salvadore
Caridi. "
'8:50 P.M.~ (E.S.T.) Upon
application.,pf Ernest E.
Wilsberg and Harold W.
Wilsberg, Olejule Lane,
· Mattituck, New York,
(Richard J. Cron. Esq.) for a
'variance to the Zoning Or-
dinance, Article III, Section
I00-31 and Bulk and Parking
· Schedule for permission to
create a lot with insufficient
area. Location of property:
Lot No. 6, Long Pond Estates,
Soathold, New York.
' Dated: October 30, 1978
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1TN2-3087
COUNTY OF SUFFOLK, ]
? ss:
STATE OF NEW YORK, j
..... · .voy..~u,~ta.v. sor, ............... being duly Sworn,
says that .. b,e.., is Printer and Publisher of ~e SUFFOLK
WEEKLY TIMES, a news~per publish~ ~ Greenport, in said
county~ and ~at the noti~, of which ~e ~e~d is a print~
~py, has been published in the ~d Suf~lk Week~ Times
once in e~ch w~k, ~or . . .gP~..(.~) ............... weeks
snc~ssiwly commencing on ~e .... ~ ..................
Novembe~ ~
Sworn to ~fore me this .['..
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of
the Town Law and the pro-
visions of the Amended Build-
ing Zone Ordinance of the
Town of Southold, New York.
public hearings will be held by
the Zoning Board of Appeals
at the Town Hall, Main Road,
Southold, New York, on Thurs-
day, November 9, 1978, on the
following appeals:
7:45 P.M.(E.S.T.) Upon ap-
plication of North Fork Bank
and Trust Company, 245 Love
Lane, Mattituck, New York,
(Abigail A. Wickham, Esq.)
for a variance in accordance
with the Zoning Ordinance,
Article VIL Section 100-71 and
Bulk and Parking Schedule for
permission to construct an
addition on the Southold of-
rice. Location of property:
Main Road, Southold, New
York, bounded on the north by
Main Road; east by Rudolph
H. Bruer; south by Grace R.
Edson, Lewis Edsbn and
Deborah D. Edson; west by
Grace R. Edson.
7:55 P.M. (E.S.T.) .Upj~L
application of Joseph Kubacki,
Nokomis Road, Southold, Nex~
York (Abigail A. Wickham,
Esq.) for a variance in accor-
dance with the Zoning Ordi-
nance, Article IlL Section
100-31 and Bulk and Parking
Schedule for permission to
construct a house with insuf
ficient front yard setback.
Location of property: Nokomis
Road, Southold, New York.
bounded on the north by
Nokomis Road: east by Stanley
and Joyce Garen; south by
Russel Freund; west by An-
toine H. Van den Heuvel.
8:10 P.M. (E.S.T.) Upon
application of Evelyn C. Olsen,
Main Road, Laurel, New York,
for a variance in accordance
with the Zoning Ordinance,
Article VI, and Bulk and
Parking Schedule for permis-
sion to construct an addition to
an existing building. Location
of property: Main Road, Lau-
rel, New York, bounded on the
north by Main Road (State
Road 25); east by Sophie
Kander, south by Katherine B.
Tuthilh west by H. Po[lak.
8:25 P.M. (E.S.T.) Upon
application of Richard Wall,
2715 Nassau Point Road, Cut-
chogue, New York (William J.
Jacobs, as Agent), for a
variance to the Zoning Ordi-
nance, Article IlL Section
100-32 for permission to con'-
strum an accessory building in
the front yard area. Location of
property: Nassau Point Road,'
Cutchogue. New York, bouncl-
ed on the north by Felix K.
Palmeri; east by Little Peconic
Bay; south by Bernard E.
Goerler; west by Nassau Point
Road.
8:35 P.M. (E.S.T.) Upon
application of Olympia Kou-
tBS, Main Road, Mattituck,
New York, for a variance to the
Zoning Ordinance, Article 111,'
Section 100-31 and Bulk and
Parking Schedule for permis-
sion to divide property into 3
lots with insufficient area and
width. Location of property:
Bunny Lane and Kouros Road,
New Suffolk, bounded on the
north by Kouros Road; east by
Bunny Lane; south by Jos,O~h
Arena; west by Salvad~ce
Caridi.
8:S0 P.M. {E.S.T.t Ueon
application of Ernest E. Wil's,
ber~ and Harold W. Wilsbe£g,
Olejule Lane, Mattituck, New
York, (Richard J. Cron, Esq.)
t'or a variance to the Zoning
Ordinance, Article 111, Section
100-31 and Bulk and Parking
Schedule for permission to
create a lot with insufficient
area. Location of property: Lot
No. 0. Long Pond Estates,
$outhold, New York.
Dated: October 30, 1978.
COUNTY OF SUFFOLK
STATE OF NEVi/ YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk Count~;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .............. 1. ....................... weeks
successively, commencing on the ...~.... ...............................
......................................... .....
Sworn to before me this ....~.... .............. okay or
...........
Notary Public
NOTARY PUBLIC, SL;te BI ~lew York
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................... Date ......................... (~...~...?.. ....... (..?. ........ , 19.Z.~
To .... ~.~.s..~?,~ ....... .~..u...?..c..~! .....................
'~LU ,~-LL IN &
for permit to construct ........................................ af the premises Iocoted ot ....................................
................... /~.0....~...0...~...!..~... .......... . .'?.~...~.....'~.... Street ~' 0 LJ ~r J-/0 L Lb
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following grounds ..... .._~...~...~...~..~!~.!..z'..~...~...?. ....................
......... .~ ........ ~..~:/.........~....~.~..:.....~.~ ........... : ......................................................
Building Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL. NO. ~- /-/ oo ~7
DATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], ~ ...... .J..O. ~ .e.R.h....K...u]~...a..c..k..i. ............................... of ......~QX..SQ~, ........................................................
Name of Appellant Street and Number
..................... .C...u~.c..h..o..g..u.e. ....................................................... I{~W..KQ[I¢ ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ' DATED .~..~..~'...~..f..~..~]-/
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
....................... .J.Q ~ e4~.h...K, t,¢~ nk i ..............................
Name of Applicant for permit
of
.................. B..o...x...8..0...4 ......................... .q .u..t..q .h..q m~...e. ........................ .N..e..w... X.o...r..k ................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO BUILD WITH INSUFFICIENT SETBACK
1. LOCATION OF THE PROPERTY ........ ~okomi~..RQad .............. ,A,..r..,R,.e..s..i..d..e..n..t..i..a..1,...,&...A..g.,r..i..c,.u,.1..t..ural
Street Use District on Zoning Map
. ~ .0. 9.0. z .8..7..-..%.z .2..4.., .2. ....................................................
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.)
Section 100-31 and Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(×) 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 ......................................................................
)
x)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
,s requested far the reason that applicant is under contract to purchase the property
and wishes to construct a one-family house on the property with a front yard
setback of 35 feet.
Form ZB~ (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because due to the irregular shape of the property, the house would
be too close to the marshland if the house were set back 50 feet. As shown on
the attached sketch, the property has a depth of 100 feet where applicant plans
to build the house and borders directly on the marshland. The present owner
obtained approval from the New York Department of Environmental Conservation to
build a house with a 35-40 foot setback, but it is highly unlikely that approval
for a greater setback would be given because of the proximity to the marshland.
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 of the irregular shape of the lot
and the closeness of the marshland.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because this is the only property on the large curve
on the south side of Nokomis Road and the lot is heavily wooded, so the visual
effect of the decreased setback would be slight. Because of the curve, the
setback would not seem out of proportion with the setback of the house to the
west.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
By
Joseph Kubacki
Sworn to this .......... ~,8. t,h ............................ day of ...... October., ..................................1978
I
LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, p.c.
MAiN ROAD~ P,O. BOX 142~
MATTITUCK LONG ISLAND
NEW YORK II952
516-298-8353
October 24, 1978
Southold Town Clerk
Town Hall
Southold, NY 11971
Re: A~lication for Variance by Joseph Kubacki
Dear Sir:
Enclosed please find original amended notice in this ~atter with
proof of mailing.
The property which is the subject of the application is bounded on
the west by Antoine H. Van den Heuvel, not John A. Polywoda and Joan A.
Polywoda, as stated in the original notice and application.
Very truly yours,
Abigail A. Wickham
AAW/ep
Encl.
.K
JUDITH T. TERRY
TOWN CLERK
P~EG1STRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
JTT/bn~
cc:file
Enc./
Southold, L.I., N. ~ 11971
October 19, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transm±tted herewith ±s Zoning Appeal No. 2488, appl±cat±on of Joseph Kubacki
for a variance. Alos ±neluded are not±f±cat±on to adjo±ning property owners
as follows: Stnaley & Joyce Garren, Nokomis Road, Southold, N.Y.; Hr. Russell
Yreund, 137 East 36th Street, New York, New York; John A. ?olywoda, Bayview
Road, Southold, N.Y.; Joan A. Polywoda. Bayv±ew Road, Southold, N.Y.
~ Town Clerk ~/
W~ LLIAM WICKHAM
ERIC J, BRESSLER
ABIGAIL A, WICKHAM
WICKHAM, WICKHAM & BRESSLER,
MAIN ROAD~ P.O. BOX I424
MATTITUCK LONG ~SIAND
NEW YORK 11952
516-298-8353
October 18, 1978
Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re: Application for Variance by Joseph Kubacki
Gentlemen:
Enclosed is original and one copy of application for variance,
notice with proof of mailing, two copies of survey, and check to
the order of the Town Clerk in the sum of $15.00.
Very truly yours,
AAW/ep
Encls.
WICKHA~ WlCKHAM & BRE$$LER, ~.c.
October 27, 1978
Southold Town Clerk
Town Hall
Southold, NY 11971
Re: A~lication for variancebTJose~hKubacki
Dear Sir:
'~n,e original notice which we filed in this matter stated that
Russell Freund was the owner of the property to the south of the
property which is the subject of this application. We have just been
informed that Mr. Freund recently sold his property in three parcels
to Charles Stewart, PhilIip Loria, and Joseph Beaudin. Therefore,
we enclose amended notice with proof of mailing to the above.
Very truly yours,
Abigail A. Wickham
Secretary
/ep
Encl.
BOARD OF APPEALS, T(JWN OF SOUTHOLD
In the Matter of the Petition of
JOSEPH KUBACKI
to the Board of Appeals of the. Town of Southold
TO:
Stanley and Joyce Garren.
Russell Freund
Antoine H. Van den Heuvel
AMENDED
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
i. That it is the intention of the undersigned to petition the Board of Appeals
of the Town of Southold to request a (Variance) (~p~(~i~k~]~xx:~:d~k~xkX~~
).
2. That the property which is the subject of the Petition is located ~djacent to
.your property and is described as follows: South side of Nokomis aoad, Sou~hod, New
York, -bounded on the East' by Stanley and Joyce Garren, on the South by Russell
Freund, and on the West by Antoine H. Van deft Heuvel
3. That the property which is the subject of such Petition is located in the
following zoning district: "A" - Residential and Agricultural
4. That by-such Petition, the undersigned will request the following relief:
variance from the 50' setba6k reauirements
5. That the provisions of the Southold Town Zoning Code applicable to the
relief sought by the undersigned are: Article III. 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 To%vn Clerk's Office at Main
Road, Southold, New York and you may then and there examine the same during
regular office hours.
7. That before the relief sought may be granted, a public hearing must be held
on the matter by the .Board of Appeals; that a notice of such hearing must be published
at least five days prior to the ~ate of such hearing inthe Suffolk Times and in the Long
~sland Traveler-Mattituck Watchman, newspapers published in the Town of Southold
and designated for the publication of such notices; that you or your represenlative
have the right to appear and be heard at such hearing.
Dated:__0_c_tahan~L4, ]972
Petitioner Joseph Kubacki'
By Abigail A. Wickham, Attorney
Post Office Address:
Main Road: P.O. Box 1424
Mattit~ck. New York 11952
(516) 298-8353
NA ME
Stanley and Jo¥ce Garren
Mr. Russell Freund
Mr. Anto±ne H. Van den Heuvel
r.iOOF OF MAILING OF NOTI~rJ
ADDRESS
Nokomis Road
Southold, NY 11971
137 East 36th St.
New York~ New York
South Harbor Road
Southold, NY 11971
10016
9L6i..~d¥,~&~t < 903 Main Street,
sworn, deposes and sa3s that on the
Notary ~ublic
DOROTHY H'ENDEP, SON
~OTARY PUBLIC, Sfafe of New Yor~
'No. 30-6848100
Ellen Prest6n
Sworn to before me this 24th
day of October , 19 78
~ ~ u~ October ' , 19 ~ , deponent mailed a true CODY of the Notice set
· ~ . '~ to' H. an den Heu~; 1
forth on the reverse side ]~seOf, directed to ~m~i~~x~ at the
address~ set opposite t~m~s~.xw~Knameg; that the addresses set opposite the
name~ of said person~D~ the address~ of said person~ as shown on the current
was
assessment roll of the Town of Southold; that said Notices ~ mailed at the United
States Post Office at Mattituck, New York ; that;said Notice~ ~J~
mailed to~i~]~f said person~ by (certified) ~x~k)~mail.
~ 8 ~7
2.5
Z6
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PARK
DISTRICT
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