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HomeMy WebLinkAbout2044 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appea/ No. 2044 Datod April 24, 1975 ACTION OF THE ZONING BOA_RD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard Cron, Esq. a/c Werner L. Adel, Jr. 1350 Woodside Avenue Baldwin, N. Y. DATE ~,y.,..~2,, 1975 Appellant at a meeting of the Zoning Board of Appeais on May 22, 1975 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:40 P.M. (E.D.S.T.) upon application of Richard Cron, Esq. a/c Werner L. Adel, Jr., 1350 Woodside Avenue, Baldwin, N. Y. for a variance in accordance with the Zoning Ordinance, Section 280A Town Law, for approval of access. Location of property: New private road off N/S Main Road, Mattituck, New York, bounded on the north by A. Suter; east by C. Beginski; south by Main Road; west by A. Suter. Fee paid $ 15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the /mmedlate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 --~ ~arjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission for approval of access, new private road off the north side of Main Road, Mattituck, New York. The findings of the Board are that the Suffolk County Planning Commission has approved this minor subdivision and that the Southold Town Planning Board has approved this minor subdivision. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Richard Cron, Esq. a/c Werner L. Adel, Jr., 1350 Woodside Avenue, Baldwin, N. Y. be GRANTED approval of access, as applied for, on property located: New private road off north side Main Road, Mattituck, New York, subject to the following conditions: 1. This approval of access is over a 50 foot right of way described and surveyed April 3, 1974. That the access shall be improved from the Main (State) Road a distance of 1,020 feet. The access shall be improved by the removal of topsoil and the use of bank-run and sand and gravel subject to the approval of the Building Inspector. In order to accommodate the passage of emergency vehicles, the access shall be improved to a width of 15 feet to run approximately in the middle of the right of way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. 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 of the Town of Southold, at the Town Office, Main Road, Southold, New York, on May 22, 1975, on the following appeals: · 8:00 P.M. (E.D.S.To) upon application of Herbert Co Bloore, 330 Cedar Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-35 for permission to construct an accessory building with insufficier setback. Location of property: E/S Cedar Avenuet Southoldt No Y. Map of Bayside Terrace, Lot No. 7. 8:10 P.M. (E.D.S.T.) upon application of Leon Schor a/c Boathouse Restaurantt Manhanset Avenue, Greenport, New York, for special exception in accordance with the Zoning Ordinance, Articl III, Section 100-30~ Subsection Cm6 (f) for permission to erect an off-premises directional sign. Location of property: St. Agnes Church property, bounded on the north by now or formerly R. & Others; east by now or formerly R. Preston & Others; south by Jo Carto; west by Manhanset Avenue, Greenport, N. Y. 8:20 P.Mo (E.D.S.T.) ~pon application of Alma Suter, New Suffolk Avenue, Matti~uck, New York for a variance in acoordance with the Zoning Ordinance, Town Law Section 280A for approval of access. Location of property: N/S Main Road, Mattituck, New York bounded on the north by Tuthill & Others; east by J. Cross; south by J. Cross & W. Ade!; west by W. Adel. 8:35 P.M. (E.D.S.T.) upon application of Seatronics, Inc., a/c Goldsmith's Boat Shop, Front Street, Greenport~ N. Yo for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 &~00-32 as applicable to Article VIII for per- mission to erect radio tower in excess of permitted height° Location of property: S/S Main Road-E/S Mill Creek, Southold, N. Y., bounded on the north by Main Road; east by Blue Heron, Inc. south by Peconic Bay; west by Mill Creek. Legal Notice Page 2 8:50 P.M. (EoD.S.T.) upon application of Gary & Lorraine Dor~ 326 Sixth Street, Greenport, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and' Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: E/S Monsell Lane, Cutchogue, N.Y. Map of Norwold, Lots 31-35. 9:00 P.Mo (E.D.S.T.) ~upon application of Paradise Aqua Farm Inc., % Shelter Island Oyster Co., Sterling Avenue, Greenport, N.~ for a variance in accordance with the Zoning Ordinance, Article Section 100-35 as applicable to Article VIii for permission to construct fgncing in excess of four (4) foot front yard height. Location of property: Right of way off N/S North Bayview Road, Southold, bounded on the north by Peconic (Southold) Bay; east by R. Kerester & Ors; south by R. Kerestor & Ors; west by Reydon Shores Sub. 9:15 P.M. (E.D.S.T.) upon application of Ann G. Baydals, 340 Sunny Lane, Franklin Square, N. Y. for a variance in accord- ance with the Zoning Ordinance, Article iII, Section 100-33 and Bulk Schedule for permission to construct addition which will reduce average setback as established. Location of property: S/S Oak Avenuet Southold, Map of Goose Bay Estates, Lots 255~ 256~ 257. 9:30 P.M. Richmond Road~ (E.D.S.T.) upon application of Patrick Carrig~ Southold~ N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 A for permission to construct rad£o tower which will exceed permitted height. Location of property: E/S Richmond Road, bounded on the north by A. Bondarchuk; east by J. Frank & Ors; south by now or formerl Armstrong; west by Richmond Road° 9:40 P.M. E.D.S.T.) upon application of Richard Cron a/c J Legal Notice Page 3 Werner L. Adel, Jr., 1351 Woodside Avenue, Baldwin, N. Y. for a variance in accordance with the Zoning Ordinance, Section 280A Town Law, for approval of access. Location of proper'ty: New private road off N/S Main Road, Mattituck, New York, bounded on the north by A. Surer; eas~ by Co Beginski & Others; south by Main Road; west by A. Surer. 9:55 P.M. (E.D.S.T.) upon application of Angelo Angona, 57 Holmes Place, Lynbrook, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Section 100-34 for permission to construct dwelling with insufficient setback on private right of way~ Location of property: Manhanset Avenue & R.O.W., Greenport, No Y., bounded on the north by C. Reinfort; east by R.O.W. - Pell; south by Manhanse~ Avenue; west by Eo Kowalski. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 8, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE,,MAY 15~ 1975 AND FORWARD NINE (() OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, No Y. Copies mailed to the following on May 8, 1975: Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Herbert C. Btoore Leon Schor Alma Suter Seatronics, Inc~ Gary & Lorraine Doroski Paradise Aqua Farms Ann G. Baydala Patrick Carrig Richard Cron a/c Werner L. Adel An~elo Angona AFFIDAVITS MAIN ROAD, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Low and the provisions of the Amended Building Zone Ordinance of the Town of Suuthold, Suffolk County, New York, public hearings will be held by the Zoding Board of Appeals of the Town of Suuthold, at the Town Office, Main Road, Suuthold, New York on May 22, 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Herbert C. Blooce, 330 Cedar Drive, Southold, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section I00-S0 & 1O0-S5 for per- mission to c~struct an accessory building with insufficient set- hack. Locatioa o/property: E-S Cedar Avenue, Suuthold, N.Y., Map of Bayside Terrace, Lot No. 7. 8:10 P.M. (E.D.S.T.) upon application d Leon Schor a-c Boathouse Restaurant, Manlmnset Avenue, Greenpert, New York for a special exception /n accordance with' the Zoning Ordinance, Article III, Section 100-30, Subsection C. 6 (f) for permission to erect an off- premises directional sign. Location of property: St. Agnes Church property--boanded on the north by now or formerly R. Preston & Others; east by now or formerly R. Preston & Others; south by John Carto; west by Manhanset Aveune~Grcenpert, N.Y. 8:20 P.M. (E.D.S.T.) upon apphcation of Alma Suter, New Suffolk Avenue, Mattituck, New York for a variance in ac- curdance with the Zoning Or- dinance, Town Low, Section 280A for approval of access. Location of property: N~q Main Hoad, Mattituck, New York, boandrd on the north by Tuthill & Others; east by J. Cross; south by J. Cross & W. Adel; west by W. Adel. 8:35 P.M. (E.D.$.T.) upon application of Scatronies, Inc. a-c Goldsmith's Boat Shop, Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & 100-31 as ap- plicable to Article VIII for per- mission to erect radio tower in excess of permitted height. Location of property: S-S Main Road-E-S Mill Creek, Seuthold, N.Y., bounded on the north by Main Road; cast by Blue Heron, Inc. south by Peconic Bay; west by Mill Creek. 8:50 P.M. (E.D.S.T.) upon application of Gary & Lorraine Doroski, 326 Sixth Street, Groenpert, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sethack. Location of property: E-S Monsell LO., Cutchogue, N.Y., Map of Norwold, Lots 31-35. 9:00 P.M. (E.D.S.T.) upon application of Paradise Aqua Farms, Inc., c-o Shelter Island Oyster Co., Sterling Avenue, Greenport, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 as applicable to Article VIII for permission to construct fencing in excess of 4 font front yard height. Location of ~,,operty: R.O.W. off N-S North Bayview Road, Suuthold, bounded on the north by Peconic (seuthold) Bay; east by R. Keroster & Ors; south by R. Kerester & Ors; west by reyden Shores Sub. 9:15 P.M. (E.D.S.T.) upon application of Ann G. Baydala, 340 Sunny Lane, Franklin Square, N.Y. for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 33 & Bulk Schedule for per- mission to construct addition which will reduce average set- back as established. Location of property: S-S Oak Avenue, Southold, Map of Goose Bay Estates, Lots 255, 256, 257. 9:30 P.M. (E.D.S.T.) upon application of Patrick Carrig, Richmond Road, Southold, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 A for permission to construct radio tower which will exceed permitted height. Location of property: E-S Rich- mond Road, bounded on the north by A. Bondarchuk east by J. Frank & Ors; south by now or formerly Armstrong; west by Richmond Road~ __- 9:40 P.M. (E.D.S.T.) upon application of Richard Cron, Esq. a-c Weroer L. Adel, Jr., 1351 Wondside Avenue, Baldwin, N.Y. for a vart/mce in accordance with the Zoning Ordinance, Section 2~0A Town LOw, for approval of access. Location of property: New private road off N-S Main Road, Mattituck, N.Y., bounded on the north by A. Surer; east by C. Beginsld & Others; south by Main Road; west by A. Surer. 9:55 P.M. (E.D.S.T.) upon~ application of Angelo Angona, 57 Holmes Place, Lynbrook, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 100-34 for permission to construct dwelling with in- sufficient setback on private right-of-way. Location of property: Manhanset Avenue & R.O.W., Greenpert, N.Y., boanded on the north by C. Reinfort; east by R.O.W,-~Pell; south by Maninmsot Avenuni west by E. Kowaiski. Any person desiring to be heard on the above appeals should appear at the time end place above specified. Dated: May 8, 1975 BY ORDER OF THE BOARD OF APPEALS 1TM15 ~g duly Sworn ~he SUFFOLI~ ,~nport. in sai, ~1 is a printe. Weekly Time.- ....... week.- eenth LEGALNOTICE NoticeofHearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of thc Town of Southold. Suftblk County. New York. ~bllc hearings will bc held by thc Zoning Board uf Appeals of thc Town of Sonthold. at the Town Office. Main Road. Southotd. New York on May 22, 1975 on thc following appeals: 8:(~) P.M. (E.D.S.T.) upon ap- piles linu of Herbert C. BIoore. 330 Cedar Drive. Southold, N.Y. tbr a variance in accordance with the Zoning Ordinance. Article Ill. Section 1~-30 & I~-35 for per- building with insufficient setback. Location of prope~y: E/S Cedar Avenue. Southold, N.Y.. Map of Bavsidc Terrace. Lot No. 7. ~:10 P.M. (E.D.S.T.) upon ap- plication of Leon Schor a/c Boat- house R~slauranl, Manhansct Aveune. Grccnport. New York for a special exception in accordance with ll:c Zoning Ordinance. Article Ill, Section 1~-30. Subsection C. 6 (f) tbr permission to erect an off- in'cruises directional sign. Loca- tion uf properly: St. Agnes Church Property- bounded on the north by now or fbrmerly R. Preston & Others; east by now or formerly R. Preston & Others; south by John Carte; west by Manhanset Avenue -Grccnport. N.Y. 8:50 P.M. (E.D.S.T.) upon ap- plication o' '~ary & Lorraine Doroski, 3;' ,xth Street. Green- port. N.Y. for a variance in DIlNTY · ' i .............. accordance with the Zoning etd - _ nonce. Article III, Section 100-30 ATE O~ NEW YORK j and Bulk Schedule for permission to construct dwelling with in- sufficient setback. Location of property: E/SMonsel] La.,Cutch- Sherley Katz. being duly sworn, soys that she is on ague.. N'.Y.. Map of Norwold. Lots . 31-35. J~tor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 9:0OP.M. (E.D.S.T.)upon ap-~ATCHMAN, a public newspaper printed at Southold, plication of Paradise Aqua Farms, Inc.,a/cShelterlslandOysterCo., Suffolk County; and that the notice of which the Sterling Avenue, Greenport, N.Y. ~nexed is a printed copy, has been published in said ~br a variance in accordance with thc Zoning Ordinance, Article IlL )ng Island Traveler-Mattituck Watchman once each Section 100~35 as applicable to Article VIII for permission to eek for ................................................................ weeks construct fencingln excess of 4 foot front yard height. Loca. tion of ccessively, commencing on the ........................................ property: R.O.W. off N/S North Bayview Road, Sogthold, bounded y of on the north by.Peconic (Southold) ........................................ , ]9 ......... --BAY; east by R. Kerester & Ors; ~ .~..~f~ ~ ..~...~y Sb~Uth by R. Kerester & Ors; west ~ /~' ..~7.. Reydon Shores Sub. ' ..........................:: ............................. / 9:15 P.M. (E.D.S.T.) upon ap- plication of Ann G. Baydala. 340 Sunny Lane. Franklin Square, N.Y. for a variance in accordance withthcZoningOrdinance, Article Sworn to before me this ....... /~.. .... ..-~.%.z day of I fi. Section 100-33 & Bulk Schedule for permissio.,o constr, ct add,- . ............. ...... tion which will reduce average setback as established. Location of property: S/S Oak Avenue, South- old, Map of Goose Bay Estates, . ~7 8:20 P.M. (E.D.S.T.) upon ap- Lots 255. 256, 257. plication of Alma Suter. New .................. Suffolk Avenue. Mattituck. New 9:30 P.M. (E.D.S.T.) upon ap- c,/ - I~ota.r'y Publ~ York for a variance in accordance plication of Patrick Carrig. Rich- with the Zoning Ordinance. Town mend Road. Southold. N.Y. for a Law. Section 280A for approval of variance in accordance with the JUDI'r~ T. 8OKEN access. Location of property: N/S Zoning Ordinance, Article 111, Notary Public S~a~e of New York Main Road. Mattituck, New York, Section 100-32 A for permission to Others; east by J. Cross; south by e~ceed permitted height. Location I. Cross & W. Adel; west by W. i of property: E/S Richmond Road, Adel. I bounded on the north by A. 8:3S P.M. {E.D.S.T.) upon ap-; Bondarchuk; east by J. Frank plication of Seatronics, Inc. a/c Ors; south by now or formerly Goldsmith's Boat Shop. Front,: Armstrong; west by Richmond Street. Grecnport, New York for a [ Road. variance in accordance with the 9:40 P.M. (E.D.S.T.) upon ap- Zoning Ordinance, Article Ill, )licafionofRichardCron, Esq. a/c Section 100-30 & 100-32 as ap- ~Verner L. Adel, Jr.. 13SI Wood- plicable to Article VIII for per- side Avenue, Baldwin, N.Y. for a mission to erect radio tower in variance in accordance with the excess of permitted height. Loca- Zoning Ordinance, Section 280A tion of property: S/S Main Road-l Town Law. for approval ofaccess. E/S Mill Creek, Southold. N.Y..i Location of property: New private bounded on the north by Main road off N/S Main Road, Matti- Road: east by Blue Heron. Inc., tuck, N.Y.. bounded on the north snuth by Peconic Bay; west by Mill by A. Surer; east by C. Beginski & Zrcck. Others; south by Main Road; west by A. Suter. 9:SS P.M. (E.D.S.T.) upon apT piication of Angelo Angona,. 57 Hohnes Place, Lynbrook. N.Y. for a variance in accordance with the Zoning Ordinance; Article ltl. Section 100.30 & Bulk Schedule aad Section 100-34 for permission tn construct dwelling with in- sufficient setback on private right- of-way. Location of property: Man- hanset Avenue & R,O.W., Green- port. N.Y., bounded on the north by C. Reinfort; east by R.O.W. - Peri; south by Manhanset Avenue; west by E. Kowalski. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: Ma3; 8, 197S BYORDEROFTHESOUTHOLD TOWN BOARDOFAPPEALS IT-S/1S FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL rot~. ..... ~;-.J disapproved on the following grounds TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ....... ............ of ......... .................. Name of Appella,nt Street and Number Baldwin New York ......................................................................................................................... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDINCT~NSPECT~OR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Route 25, Cutchogue "A" Residential Street Use District on Zoning Map Approved Minor Subdivision Iv'tap 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.) Article XIV, Section 100-141(B) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ]0 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 (J~l~ (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 )0 A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that a new right of way has been constructed access to minor subdivision lots to and from the Main Road. for Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- san HARDSHIPbecau~ b~lding permits would not be issued for residential construction on the lots in the minor subdivision until recognition of access has been secured pursuant to Section 280A of the Town Law. One of the lots in the subdivision is prespntly ~nder contract, and it is expected that when title thereto closes, the purchaser will be ready to undertake construction of a residential dwelling. A 50 foot right of way has been delineated on the subdivision mmp with some portion thereof to be improved for access as may be required by the Zoning Board of Appeals and the Building Inspector of the Town of Southold. 2. The ha~ship createdis UNIQUE and is notshared by all prope~ies alike in the immediate vicini~ of this prope~y and in this use district bemuse the private road would provide access only to the lots in the approved minor subdivision. Any other residential properties in the i~mediate vicinity have or will have their own means of access and will not be affected by the granting of this application. 3. The Variance would obse~e the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the purpose of the application is in furtherance of the development of the residential area. The grant- ing of recognition of access will make available desirable residential lots which in terms of area and frontage substantially exceed the present zoning requirements under the Southold Town Zoning Ordinance. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS 75 516 713~-5100 May 2, 1975 Howard Terry, Building Inspector Town of Southold Town Clerk's Office Southold~ N.Y. 11971 Re: Application of Werner L. Adel,Jr. for Recognition of Access pursuant to Section 280A of the Town Law Dear Howard: We are enclosing herewith an original and duplicate original of application for a variance for access pursuant to Section 280A of the Town Law together with check payable to the Town of Southold for $15.00 for payment of filing fee. We should appreciate if this matter were publicized for public hearing at the earliest possible date. If any questions concerning same, please do not hesitate to give us a call. Best wishes. c/i f Enc. 2 Southold Town Board of Appeals -9- May 22, 1975 On motion by Mr. Bergen, seconded by Mr. Bergen, it was RESOLVED, Leon Schor a/c Boathouse Restaurant, Manhanset Avenue, Greenport, N. Y. be GRANTED permission to erect an off-premises directional sign to be located on St. Agnes Church property, Greenport, New York, as applied for, subject to the ~ollowing conditions: 1. That the sign may not be large~'than 2' x 4'. That the sign shall be located at least five (5) feet from any property line. This permission is subject to all rules and regulations governing signs in the Town of Southold. 4. This permission is also subject to applicant remedying any other sign violations in the Town of Southold. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEARING:- Appeal No. 2038 - 8:20 P.M. (E.D.S.T.), May 22, 1975, upon application of Alma Suter, New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A for approval of access. Location of property: N/S Main Road, Mattituck, New York, bounded on the north by Tuthill & Others; east by J. Cross; south by J. Cross & W. Adel; west by W. Adel. Fee paid $ 15. The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that there are four lots in this minor subdivision and there are approximately 1,354 feet to Main Road. The only access is by right of way owned by Alma Suter which is 18 feet wide or better. The map shows 20.85 feet at Main Road. MR. ROBERT BERGEN: There is a little angle. MR. HENRY RAYNOR: It has been to the County. The State reviewed the adjacent property at the same time. The Southold Town Planning Board has given preliminary approval of the sub- division. Southold Town Board of Appeals -10- May 22, 1975 MR. RAYNOR: I think the problem is that the strip of property running to the Main Road is parallel. MR. BERGEN: Has that been approved by the County? MR. RAYNOR: They didn't like it. I can see where they would object to having one cut right next to another. (Mr. Raynor submitted a map to the Board for their inspection). THE CHAIRMAN: This is Suter property and Suter has an 18 foot access. This road has been cut in and it is con- tiguous to your right of way. I understand that efforts have been made between Adel and Suter to coordinate this. MR. RAYNOR: I have talked to Mr. Adel three times this past month. One suggestion would be for use of his right of way and hook it in here with this 18 foot strip. To use this we would deed over a strip of "no man's land". Mr. Adel has before our Board, presently, a sketch plan of a major subdivision which is this property here (Mr. Raynor indicated location on the map). He has told us that he would build a road and turn it over to the Town. We have advised the applicant that we ventuali~ tH~oRrd wo~~ss into the Cross property. We have contacted adjacent property owners to see if they wanted to purchase additional property. There is too much woodland for the County to acquire under the Farm Acquisition program. MR. BERGEN: How many acres? MR. RAYNOR: About 18 1/2 acres. MRS. SUTER: It adjoins the Cross property. MR. RAYNOR: We have tried to work it out using a joint access method. Three times Mr. Adel said he would consider it. The last time he said he was no longer considering it. That's why we are here pursuing this 18 feet. Should the Board of Appeals grant access, eventually this would become non-existant, at the time this road is turned over to the Town. It makes more sense to eliminate any kind of cut. THE CHAIRMAN: How is the access going to run to the major subdivision? MR. RAYNOR: From Elijah's Lane. This is in the sketch plan. Mr. Adel wants to have roads built to Town specifications and then turn them over to the Town. It will probably take two to three years. Southold Town Board of Appeals -11- May 22, 1975 THE CHAIRMAN: So you would like to have us grant you access over the 18 feet with a proviso that if and when the road is connected to the Town Road, it will become a "no man's land". What will happen to that 18 feet? MR. RAYNOR: He doesn't want it as a gift. MR. BERGEN: Is he making the road 50 feet? MR. RAYNOR: Yes. He has cut this up to here (referring to map). THE CHAIRMAN: This is the strip of grass we saw. MR. RAYNOR: We will abide by whatever your Board thinks should be done down there. , MR. BERGEN: You would have to remove the topsoil subject to the approval of the Building Inspector. ........ (There wa~-~u~ther.dis~~.~n~ime limit!for~approv, al, ~ · ~ eliminated. MR. RAYNOR: It would be in the Deed covenants. THE CHAIRMAN: If this is going to be a Town road you could get in and out anyway. MR. RAYNOR: I don't think that will ever be a Town road. He could get access from his subdivision down here (referring to map). There are four lots so he would go up to the top lot. THE CHAIRMAN: I think the best thing we can do is to send it to the County Planning Commission with the recommendation that this 18 foot access be granted. MR. BERGEN: (addressing Mrs. Suter) of way? Do you own that right MRS. SUTER: Yes, with a proviso that this be covenanted so it will no longer be used as a right of way to Tut's Acres. MR. RAYNOR: We have stayed away from any real estate people until we were able to get your comments. We are in sympathy with the fact that we are going to build it and abandon it. It will have to be in passable condition for emergencies. Once we get up inside the development, itself, we will broaden the road. We want to make sure we can work with whatever a contractor says. There will only be four houses-~ up there. Southold Tbwn Board of Appeals -12- May 22, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals reserve decision on Appeal No. 2038, Alma Sute~.New Suffolk Avenue, Mattituck, New York, pending a review ~ the Suffolk County Planning Commission. The following findings are to be sent to the Planning Commission: The Board of Appeals recommends approval of improved right of way access up to Lot No. 1 which would be temporary until the 50 foot road proposed for the center of Tut's Acres is connected to Town road. At that time the right of way will be abandoned. The Board would set a condition that 15 feet of topsoil be removed from applicant's right of way from Main Road to a point of intersection of Lots 1, 2, ~, 4 - to be~improved by approval. . Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. ~ PUBLIC HEARING: Appeal No. 2039 - 8:35 P.M. (E.D.S.T.), May 22, 1975, upon application of Seatronics; Inc., a/c Goldsmith's Boat Shop, Front Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & 100-32 as applicable to Article VIII for permission to erect radio tower in excess of permitted height. Location of property: S/S Main Road - E/S Mill Creek, Southold, N. Y., bounded on the north by Main Road; east by Blue Heron, Inc.; south by Peconic Bay; west by Mill Creek. Fee paid $ 15. 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no. response.) THE CHAIRMAN: Is there anyone present who wishes against this application? (There was no response.) to speak / and of Cross ~ £6019'PO"E. Area -- 4. $19 Acres - - - - N. PS °/9'.90 ~W. $50.00' Area =J. 571 Acres $50.00 ' 1 and Area= 3.571Acres 350.00' $5000' $..9~/9'ao"~ Hight of Way t oF I$5..95 ' - ' ' Bagenski Area = 4. 098 Acres $.9Q 00' 1354.81 ' - - ' Wernor L. Ado/, Jr YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK AL~EN W, YOUNG M~P PREPARED FOR WERNER L. ADEI_ ^T cuTcHoGUE TOrN O~ SOUTHOLD SUFFOLK CO., N.Y. sc~-£: i,, =100' [OATE: /IPR.$~ Ig74 NO. 74-21P