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LEGAL NOTICF
Pursuant to Section 2. f the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, puhlic
hearings will he held by the
Zoning Board of Appeals at the
Town Office, Main Road,
Southold, New York on Wed-
nesday, Decemher22, 1976, on the
following appeals:
7:55 P.M. (E.S.T') upon ap-
plication of Richard E. Olmsted,
1050 Meday Avenue, Mattituck,
New York and Ruth V. Haas,
Route Tl A, Mattituck, New York
. for a variance in accordance with
the Zoning Ordinance, Article 1II,
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient width. Location of
property: Westphalia Road,
Mattituck, New York, bounded on
the north by now or formerly
Garelle; east by Mattituck
Creek; south by now or formerly
Mary MacNish; west by West-
phalia Road.
8:05 P.M. (E.S.T.) upon ap-
plication of Henry C. Scherz, 37
Lotus Lane, Westbury, New York
for a variance in accordance with
the Zoning Ordinance, Article 1II,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient area. Location
of property: south side Pinetree
Road, Cutchogue, New York;
part of Lot No. 124, Map of
Nassau Farms.
8:20 P.M. (E.S.T') upon ap-
plication of Constance Klapper
P.O. Box 291, Cutchogue, Ne
York for a variance in ac
cordance with the Zoning Or
dinance and the Town Law
Section 280A for approval 0
cess and lot within sufficient"
idth . Location of property:
rivate right-of-way, north side
f Oregon Road, Cutchogue, New
ork, bounded on the north by
ng Island Sound; east by David
igman; south by now or for
merly Zuhoski; west by now 0
erly Shelly.
Any person desiring to be hear
on the above appeals should
appear at the time and place
above specified.
Dated: December 10, 1976
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1 TDI6--25"O
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
f ss:
J
. . . . . . . ~t;"9A~~. 9.~ . P~J;'I!I8_~. . . . . . . . . . .. being duly Sworn.
says that .. .he.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that thE" notia:. of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in E"Qch week. for . . . P.t)~. .(1-.>............... weeks
. 1 . th Sixteenth
SUCc:esSIVf, y oommencmg on e. . . . .. . . .. . .. .. .. . .. .. . . ..
day of .. .~~~~~r_ ,.. .~. ... 19.7.6.
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Sworn to bef;;e me th.is ..,.?/..... 1
day of .. V 1.~(<l'-fA.. 19.7. C;. I
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LEGAL NOTICE
Pursu~nt to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Or-
diQance of the Town of Southold.
New York. public hearings will be
held hy the Zoning Board of
Appeals at the Town Office, Main
Road, Southold. New York on
Wed'riesday, Decemb~r 22, 1976.
on the following appeals:
7:55 P.M. (E.S.T.) upon ap-
plication of Richard E. Olmsted.
1050 Meday Avenue. Mattituck.
New York and Ruth V. Haas.
Route 27A. Mattituck, New York
for a variance in accordance with
the Zoning Ordinance. Article In.
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient width. Location of
property: Westphalia Road. Mat-
tituck. New York. bounded on the
north by now or formerly Garelle;
cast by Mattituck Creek: south by
now or formerly ary MacNish;
west by Westphalia Road.
8:05 P.M. IE.S.T.) upon ap-
plication of Henry C. Scherz. 37
Lotus Lane, Westbury. New Yurk
for a variance in accordance with
the Zoning Ordinance. Article Ill,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient area. Location of
property: south side Pinetree
Road. Cutchogue. New York; part
of _ #124, Map of Nassau
F ms.
8:20 .M. (E.S.T.) upon ap-
licatio of Constance Klapper.
O. x 291. Cutchogue. New
Y for a variance in accordance
with the Zoning Ordinance and
the Town Law. Section 280A for
approval of access and lot with
insufficient width. Location of
property: private right-of-way.
north side Oregon Road. Cutch.
ogue. New York. bounded on the
north by Long Island Sound; east
by David Digman; south by now
or formerly Zuhoski; west by now
or formerly Shelley.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: December 10. J976
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
IT-l2llo
COUNTY OF SUFFOLK
Sf ATE OF NEW YORK
l ;s:
I
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN
a public newspaper printed at Southold, in Suffolk County;
~nd that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............1....
...,.................. weeks
successive Iy, commencing on the ;/:7
day of ..!il~A-_rt.0:!.::/......___.." --;9... .~l.~~._..........._.............
, ....7'...
...................
...........................
Sworn to before me this ......../1
..f.fl,..t..I..t'.'~~!.:>;............. 19.1~::. --........
day OT
,
._......_............~ .rS..::e -- _-/
, Notary MI1c .................... --...._!"...---.
ETHEL P/.LLADINO
NOTARY PUHle, ~~at"l of New York
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October 24, 1994
Mrs. Constance Klapper
P.O. Box 291
Cutchogue, NY 11935
Re: Appeal No. 2232 - New York Town Law, Section 280-A
Appeal No.3 (D. Shelley)
Dear Mrs. Klapper:
This letter will confirm that I
above-referenced right-of-way which extends
Oregon Road, Cutchogue, Town of Southold.
have inspected the
from the north side of
The requested improvements have recently been made and are
found to be acceptable at this time, and will be required to be
continuously maintained in good condition at all times. Please be
aware that each lot, and every lot, having access along this route
will be subjected to periodic inspection and update - particularly
before issuance of future building permits, and to also continuously
maintain the entire length of the right-of-way in good condition, at
all times (as per New York Town Law, Section 280-A).
Please feel free to call us at any time if you have ques-
tions .
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
cc: Building Department
Rudolph H. Bruer, Esq.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25
SOUTHOLD, L.I.. N.Y. 11971
TElEPHONE (5161 765-1809
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ACTION OF THE ZONING BOARD OF APPEALS
Appeal No.3267
Application Dated July 9, 1984 (Public Hearin9 September
TO: Esseks, Hefter, Cuddy & Angel
as Attorneys for CONSTANCE KLAPPER
108 East Main Street, Box 279
Riverhead, NY 11901,
13, 1984)
[Appellant (s)]
At a Meeting of the Zoning Board of Appeals held on October 25, 1984,
the above appeal was considered, and the action indicated below was taken
on your ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III, Section 100-31
[] Request for
Application of CONSTANCE KLAPPER, Box 291 ,Cutchogue, NY (by Esseks,
Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article
III, Section 100-31, for approval of insufficient area of lot in this
proposed two-lot division (redivision) of land and for approval of insuf-
ficient livable floor area of existing principal building. Location of
Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-83-02-005.
The board made the following findings and determination:
This is an appeal from Article III, Section 100-31 of the Zoning
Code for: (a) approval of insufficient area of 1.2:t acreage in this
proposed set-off of Parcel "2" from Parcel "1" which will contain 2.2:t
acres, and (b) approval of the insufficient livable floor area of a
studio/cottage structure of a size 12' by 20' as shown on survey mapped
December 20, 1983, by Roderick VanTuyl, P.C. and existing on proposed
Parcel "2." Existing on Parcel "1" is a two-story, one-family dwelling
structure and accessory swimming~ool.
Current town records show that the northerly parcel is now of
Constance Kl apper and contains approximately 2.41 acres ,. and that
the southerly parcel is of Murray Klapper, per deed dated 4/19/83
at Liber 9358 cp 595 and contains approximately one acre with 185-
foot frontage along a private right-of-way. The relief requested
by this application appears to adjust these lot sizes as noted, supra.
For the record, it is note~ that the premises in question w~s
the subject of a prior appeal, No. 2232, for the applicant herein, in
the set-off of a 48,147 sq. ft. parcel. and for app~oval of access,
which was conditionally granted on December 22, 1976. It is also
noted that under Appeal No. 3170 conditional approval of access over
this same right-of-way was granted to Daniel Shelley on March 2, 1984.
Since it is the opinion of the board that this right-of-way has not
been brought up to the standards required for emergency vehicles
pursuant to New York Town Law, Section 280-A, no building permit
therefore shall be isSued until such improvements have been made
and accepted, or a subsequent application for approval of access is
made.
(CONTINUED ON PAGE TWO)
DATED: October 3D, ,1984.
Form ZB4 (rev._l2/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3267
Matter of CONSTANCE KLAPPER
Decision Rendered October 25, 1984
The board members have personally visited the premises in question
and are familiar with the statements presented at the public hearing and
an Affidavit of Constance Klapper dated September 19, 1984, was received
as requested by the board indicating that the studio-cottage is a year-
round dwelling with its own heating and plumbing systems and separate
septic system, and has been used as a dwelling continually for more than
20 years, that the subject premises was acquired approximately 10 years
ago, during the 40,000 sq. ft. lot area zoning requirements of the
town, and referring to a Certificate of Occupancy dated June 13, 1975,
No. Z6523 (for premises containing a total acreage of 5.0z as existed
prior to conveyances during 1977 and 1983). On August 27, 1984, a
recommendation was made by the Planning Board that this application
be approved.
In considering this appeal, the board determines: (a) that the
relief requested is not substantial; (b) that by allowing the relief
no substantial detriment to adjoining properties would be created;
(c) that no adverse effects will be produced on available governmental
facilities of any increased population; (d) that the relief will be
in harmony with and promote the general purposes and intent of zoning;
(e) that the circumstances of this appeal are unique; (f) that in .
view of the manner in which the difficulty arose, the interests of
justice would best be served by allowing the requested relief.
Now, therefore, on motion by Mr. Grigonis, seconded by Mr.
Goehringer, it was
RESOLVED, that the application in behalf of CONSTANCE KLAPPER
for approval of insufficient area of proposed Parcel 20f 1.2z acres
and for approval of the insufficient livable floor area of the
existing cottage structure on proposed Parcel 2; BE AND HEREBY IS
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That no sideyard reductions to less than that permitted by
the code be authorized;
2. That in the event road improvements have not been made and
accepted by the Town as required (under Appeal No. 3170 of 3/2/84)
by New York Town Law, Section 280-a, no building permit shall be issued
until such improvements have been made and accepted by the town.
Location of Property:
right-of-way), Cutchogue, NY;
005 (6;3 and 6.4).
East Side of Dignan's Road (private
County Tax Map Parcel No. 1000-83-02-
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis
and Sawicki. Member Douglass was .absent. This resolution was adopted
by unanimous vote of the members present.
*
*
*
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RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
D~~g~~~~~;;:m.
Town Clerk, Town of Soulhold
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Suffolk County Department of Planning
H. Lee Dennison Executive Office Building
Veterans Hemorial llighHay
Hauppauge, He", York 11787
December 29, 1976
,.
Board of Appeals
Town of Southold
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the follm;ing applications ",hich have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determin-
ation. A decision of local determination should not be construed as either
an approval or a disapproval.
Applicant
Municipal File Humber
Richard E. Olmstead & Ruth V. Hass
Constance Klapper
2230
2232
Very truly yours,
Lee E. Koppelman
Director of Planning
by
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TOWN CLERK 765-3783
Building Dept.
Planning Bd. 766.2660
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-8, Sections 239-1 and m,
Board of Appeals Southo1d
the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ofthe town of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
Constance Klapper
P.O. Box 291
Cutchogue, NY 11935
Amendment to the zoning ordinance
Zoning changes
Special permits
x
................
Variances
Location of affected land: .. il~.~ !"~.;~...~.~.9.~~::-~~ ::-.~~;:r.!.. ..~~.~~. .~.~~~...~.~~~.~~.. .~.~~.~...~~~.~~Ogue.
within 500 feet of: (check one or more)
Town or village boundary line, or shore line
State or county road, parkway or expressway
State or county park or recreation area
Stream or drainage channel owned by the county or for which the county has established channel lines.
....x............ State or cqutlty owned parcel on which a public building is situated
Shoreu.ne
Comments:
The Board granted this application subject to the condition that
the right-of-way shall be improved and paved with bank run.
Date: .....!?~g.~.....2.~..~....~.n~..........
(~ig~-;,;jj""~"fiEi:rt:..w'~" 'GnUap'i:e';'" ;:rr'~ ........
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission
.....................................................................................
File No. ................................
o
OF
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JUDITH T. TERRY
T OWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
765-3783
December 6, 1976
To:
Southold Town Zoning Board of Appeals
From:
Judith T. Terry, Town Clerk
Re:
Application of Constance Klapper for a variance-Appeal No. 2232
to:
I have on file in my office notification by certified mail
JTT/bn
John Zuhoski, Oregon Road, Cutchogue, N.Y.
David Digman, 63 Hunting Lane, East Hampton, N.Y. 11937
~~~
Town Clerk
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
Constance Klapper
to the Board of Appeals of the Town of Southold
NOTICE
TO:
DAVID DIGMAN
63 Huntin, Lane
East Haapton, N.Y. 11937
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals ofthe Town of South old
to request a (Variance) ~~ (the following relief:
to divide property
I.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: <I .5+ .." re II
3. That the property which is the subject of such Petition is located in the following zoning district:
1000-083-02-005 and 006
4. That by such Petition, the undersigned will request the following relief:
To subdivide one n1us acre froa entire niece.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art. I I I Sec. 100-30 and bulk sebedu Ie sec. 280A Town law
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 mav 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 South old and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. . .
Dated: Dee. 6, 1976
Constance K1a~ner
Petitioner
Post Office Address
P.O. Box 29t
C"teholue, N.Y. 11935
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
DAVID DIGMAN
&3 Hunting Lane
East Hampton, N.Y. 11937
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STREET }ND NO.
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P.O" STATE AliD ZIP CODE
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Of! OR. ADDITIONAL.fEES
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SPECIAL DELIVERY (extra -f.. ~;;i';""''':::;::::::::::::::::::::::::~:::::: __~e
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ttGPO; 1974 0 - 551-454
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STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ss.:
MURRAY KLAPPER . residing at Private Rd. NIB off Oregon Rd,
Cui:l'hnK"e I N _ Y _ 11935 . being duly sworn, deposes and says that on the I.+h day
of n......h..,. ,19 71. , 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 T OWI\ of South old ; that said Notices were mailed at the United States Post Of-
fice at M.. + + i +....It. N. V . ; that said Notices were mailed to each of said persons by
(certified) (~mail.
Sworn to before me this '&t'h
day ~ce~r ,19 7&
I d~
v' Notary Public
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R{;r~;,'! J. 3_ S1Il,W
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BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of.
C6nstance Klapper
NOTICE
to the Board of Appeals of the Town of Southold
TO: JOHN ZUHOSKI
Ore con Road
Cutchocue. N.Y. 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 a (Variance) ~~X'.ICllCIO) (the following relief:
To divide nronertv l
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 4.5 p1u.. acre..
3. That the property which is the subject of such Petition is located in the following zoning district:
1000-683-62-605 and 006
4. That by such Petition, the undersigned will request the following relief:
To Aubdivid. one pin. .ere fro. entire niece.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art:. I I I Sec. 100-30 and bu 1k schedu 1e and sec. 280A Town law
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South old Town Clerk's Office at Main Road, Southold, New York and you Olav then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. .. .
Dated:
Dec. 6, 1976
rnft.+-.~~. Kl.ppA~
Petitioner
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Post Office Address
P.O. Box 291
Cllt:r.bocue, N.Y. 11935
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PROOF OF MAILING OF NOTICE
NAME
JOHN ZUHOSKI
ADDRESS
Oregon Road
Cutchogue, N.Y. 11935
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P.O., STATE AND lIP CODE
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PTIONAL SERVICES FOR ADDITIONAL FEU ...J
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DELI 0 E ONly................................................;......
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(5.. o,h.r lide)
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
ss,:
MURRAY KLAPPER ,residingat Private Rd. N/S off OreEon Rd.
r,,+..hnC"A. N. Y _ 11935 , being duly sworn, deposes and says that on the 6th day
of n........hA.. ,19 76 , 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 person! as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at M..101o i 1ou"k. N _ Y _; ; that said Notices were mailed to each of said persons by
(certified) (~) mail.
Sworn to before me this '6th
day ~2ftr .J/.; 19
Notary Public
, ROBERT 1. B. SHAW
NOTARY rUBLle, S;ate of N~w Yor~
No. 52-8S4SDOn
qualin€d in Suffolk COU'lty
Commlss.GIl Expires f,idrcil .s~\ 'lr.J7r
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DISTRIBur! Ty TAX M~P IS F THE
SUrFOL"o<. C~U~TEN PEFlMISSIO~E OAGENCY
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