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HomeMy WebLinkAbout1949 TOWN OF ~OuT/IOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS DATE ..Sep%.~.l.2, 1974 Decision-Oct. 17, 1974 Appeal No. 1949 Dated August 20, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO1~-N OF SOUTHOLD To Wickham & Lark a/c Estate of Marie Vermaelen 209 Blue Point Road Oakdale, New York Appellant at a meeting of the Zoning Board of Appeals on Sept. 12, 1974 - decision was considered and the action indicated below was taken on your postponed until Oct. ( ) Bequest for variance due to lack of access to proper~ ( ) Request for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zoning Ordinance ( ) the appeal 17, 1974 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~a~ed ( ) be de~ed p~sua~ to ~tirle .................... Section .................... Subsect~n .................... para~aph .................... ~ tbe ~ning ~dinance an~ the decision of the Build~g Insp~tor ( ) be reversed ( ) be co~irmed b~au~ 9:20 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Estate of Marie Vermaelen, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by William Hillman; west by Dist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage, Clark and others. Fee paid $15.00. 2. VARI.~NCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to subdivide lots with in- sufficient width and unapproved access on two of the lots, located on the west side of Bay Avenue, Mattituck, New York. The Planning Board informed the Appeals Board that the Planning Board and the Superintendent of Highways have agreed to approve this minor subdivision providing a variance is obtained for Lot No. 1. The Board of Appeals postponed making a decision on this appeal and on October 3rd at a regular meeting of the Board IT WAS RESOLVED that application of Estate of Marie Vermaelen be sent back to the Planning Board for further clarification by the Planning Board. The Appeals Board suggested that the Planning Board propose a simpler way to provide for a Town easement for drainage water which may occur in the future. A corrected map has now been received and the drainage easement has been marked in as 15 feet rather than the 10 feet which was not satisfactory to this Board. 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 that Appeal No. 1949, Estate of Marie Vermaelen, be approved with respect to frontage of Lot No. 1, as outlined in survey of Minor Subdivision for Estate of Marie Vermaelen (as revised), showing a 15 foot drainage ease- ment located in the area between Lot Nos. 3 and Lot No. 4, and be approved with respect to the access requested. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Tow~ Office, Main Road, Southold, New York, on September 12, 1974, on the following appeals: 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold,Ne~ York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35A for permission to construct fence with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road); east by H. Manis; south by Stafford west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon application of Arthur H. Slattery, Landing Road, Cutchogue, 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 width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot 8:30 P.M. (E.D.S.T.) upon Forest Road, Douglaston, N. Y. #273, Map of Nassau Point Properties. application of Marion Ales, 329 fo~ a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. 71, Map of Nassau Point Properties. 8:40 P.M. (E.D.S.T.) upon application of Nicholas Westview Drive, Mattituck, New York, for a variance in with the Zoning Ordinance, Article !!I, Location of property: Nassau Point Road, Cutchogue, Lot Brusich, accordance Section 100-30 C and 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N/S Westview Drive, Legal Notice pg. 2 Mattituck, bounded on the north by E. Smith; east by R. Fogarty; south by Westview Drive; west by Komosa & Murphy. 8:50 P.M. (E.D.S.T.) upon application of Eugene Mazzaferro, Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3D and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin & Eighth Streets, Greenport, bounded on the north by C, Flatley; east by Eighth Street; south by Corwln Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickley, 75 Broadwater Drive, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback at closest point to road. Location of property: Broad- water Drive & Skunk Lane, Cutchogue, bounded on the north by Skunk Lane; east by Petrucci & Graham; south by Oak Drive; west by Broadwater Drive. 9:10 P.M. (E.D.S.T.) upon application of Joseph Sawicki, 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 set off lot with insufficient width and area. Location of property: S/S North Road, Southold, bounded on the north by North (Middle) Road; east by J. Sawicki; south by F. Sawicki; west by R.O.W., W. Sawicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by-William Hillman; west by Dist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavagec Clark and others. Legal Notice Pg. 3 9:45 P.M. (E.D.S.T.) upon application of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10D-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access with insufficient length of road to give access to under- sized lot. Location of property: Southerly end of Sunset Drive, Mattituck, bounded Sunset Knolls, Section II; Sledjeski; west by Sunset 9:55 P.M. on the north by Lots 48 and 49, east by S. Sledjeski; south by S. Drive Extension. (E.D.S.T.) upon application of R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permlssion to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:D5 P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to separate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohonski (Walsh); west by P. Nitze. Legal Notice Pg. 4 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PI,EASE PUBLISH ONCE, September 5, 1974, AND FORWARD TWELvE (12) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 29, 1974: The Suffolk Weekly Times The Long. Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Achilles & Marion Stachtiaris Arthur H. Slattery Marion Ales Nicholas Brusich Eugene Mazzaferro Rev. Donald Brickley Joseph Sawicki Wickham & Lark Stanley Stedjeski R. G. Terry, Jr., Esq. Herbert & Ruth Rosenberg Thomas Duff LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE NOTICE OF HEARINGS Pm-scant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthuld, at the Town Office, Main Ho/d, Seuthold, New York, on September 12, 1974, on the following appeals: 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Seuthold, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-35A for permission to construct fence with excessive height in front yard area. Location of property: Corole Road and Old Cove Blvd., Seuthold, bounded on the north by Old Cove Blvd. (private road); cast by H. Manis; south by Stafford; west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon application of Arthur H. Slattery, Landing Road, Cutchugue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cut- chugue, New York, Lot No. 273, Map of Nassau Point Properties. 8:30 P.M. (E.D.S.T.) upon application of Marion Ales, 329 Forest Road, Douglaston, N.Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct ac- csssory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point 8:40 P.M. (E.D.S.T.) upon application of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in ac- curdance with the Zoning Or- dinance, Article III, Section 100- 30 C and 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N-S Westview Drive, Mattituck, bounded on the north byE. Smith; cast by R. Fugarty; south by Westview Drive; west by Komcaa and Murphy. 8:50 P.M. (E.D.S.T.) upon application of Eugene Maz- zaferro, Oak Street, Grcenport, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin and Eighth Streets, Gceenport, bounded on the north by C. Flatiey; cast by Eighth Street; south by Corwin Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickley, 75 Broadwater Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback at closest point to road. Location of property: Broadwater Drive and Skunk Lane, Cutchogue, beanded on the north by Skunk Lane; east by Petrucci and Graham; south by Oak Drive; west by Broad- water Drive. 9:10 P.M. (E.D.S.T.) upon application of Joseph Sawicki, North th)ad, Southuld, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: S-S North Road, Seuthold, bounded on the north by North (Middie) Road; east by J. Sawirki; south by F. Sawicki; west by R.O.W~,~W. Sewicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wirkham and Lark a-c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in ac-: cordance with the Zoning Or- dinance, Section 280A Town Law and Article IH, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and anapproved access on two of the lots. Location of ilproperty: W-S Bay Avenue, attituck, New York, bounded on e north by George Snider; cast Bay Avenue; south by William lman; west by Dist. andary: Calahrese, Lorron, Adams, SWitsavage, Clark and others. 9:45 P.M. (E.D.S.T.T-h-~ application of Stanley Sledjsski, 2760 Ruth Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- Hunter Road, Manchester, Connecticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on ths north by Private Right of Wa); Swo (Crescent Ave. Extension); cas~ by H. Zabohonski (H. Welsh)¥~r% south by H. Zabehonski (Wal), west by P. Nifze. ' in ~. Any person dasiring to be hear(' on the above .appcals_sh.ouhI I~in: appear at the t/me ana piao above specified, y Tim Dated: August 29, 1974 BY ORDER OF TIH. w~ dinance, Article HI, Section 100- BOARD OF APPEAIA .... 30-31 and Bulk Schedule, and .~: 19~../.~' Section 280A of Town Law, to set ~ off lot and access with in- mgficiant length of rcad to give .... access to under-sized lot../? ........ end of Sunset Drive, Mattituck, 1~.. -- and 49, Sunset Knolls, Section II; . east by S. Sledjeeki; south by S. Sledjeski; west by Sunset Drive ,~T^R'~ P~Jl/EIC~ 6t~te ~f ~4~w-¥ork ..... No. 52 936&335 Extension. Qualified in Svffolk Count~ 9:55 P.M. (E.D.S.T.) upon~mmission Expires March 30, 19~.~ application of R.G. Terry, Jr., Esq. a-c Estate of Clement B. Docahue, Main Road, Seuthold, for a variance to the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and urca. Location of propertY: Tucker, Lane and Midge Road, Seuthold bounded on the north by Middle Road (CR 27); east by J.J Donahue Estate; south by Z Hulinski; west by Tucker's Lane. 10:06 P.M. (E.D.S.T.) upon application of Herbert and Rut[ Roeenburg, Town Harbor Lane and Terry Lane, Seuthold, New York, for a variance in ac- cordanco with the Zoning Or- dinanco, Article III, Section 100- 30 and Bulk Schedule for per- mission to separate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Seuthold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, · Suffolk County, 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 September 12, 1974, on the following appeals: 8;15 P.M: (E.D.S.T.) upon ap- plication of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle 111, Section100-35A for per- mission to construct fence with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road): east by H. Manis; south by Stafford; we~t by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon ap- plication of Arthur H. Slattery, Landing Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Ar- ticle 111, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot num- ber 273, Map of Nassau Point Properties. 8:30 P.M. (E.D.S.T.) upon ap- plication of Marion Ales, 329 Forest Road, Douglaston, N. Y. for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point Proge~rties. 8:40 P.M,(E.D.S.T.) upon ap- plication of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordafice with the Zoning Ordinance, Ar- ticle Ill,section 100-30 C and 100-32 for permission to construct east by J. Sawicki; south by F. ' Sawicki; west by R.O.W Sawicki and others. 9:20 (E.D.S.T.) upon applica? tion of Wickham & Lark a/c E~ate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article Ill, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unap~ proved access on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by William Hillman; west byDist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage, Clark and others. 9:4~ P.M. (E.D.5.1.) upon ap- plication of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle III, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access with insufficient length of road to give access to undersized lot. Location of properS.y: South- erly end of Sunset Drive, Matti- tuck, bounded on the North by Lots 48 and 49, Sunset Knolls, Sec- tion Il; east by S. Sledjeski; south by S. Sledjeski; west by Sunset Drive Extension. 9:55 P.M. (E.D.S.T.) upon ap- plication of R.G.Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:05 P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle III, Section 100-30 and Bulk Schedule for permission to separ- ate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of 3. Overton, Southold, New York. , 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Cor~. necticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohonski (Walsh); west by P. Nitze. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK~' ss: C. Whitney Booth, Jr., being duly sv that he is the Editor, of THE LONG TRAVELER - MA'I-I'ITUCK WATCHMAN, a pu paper printed at Southold, in Suffolk County; the notice of which the annexed is a printed copy published in said Long Island Zraveler-Mattituc ...... man once each week for successively, commencing on the ................ '. ....... day of ....:...,~..~....~./~../-....:.../~., Sworn to before me this ......... /~.: ....... ........... :;:. .. ....... TOWN OF SOUTHOLD BUILDING D~E PARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~o~ ...................... ~ ........................... ~ ~- ................. ~~~ ........ ~.../.. ..... · eturned he~r~with ~r~ disapproved on the following grounds ....~.....:~.~....,~..,~/ ....... ...~.~ ........... ...¢...~.,-~.....~~....~.....~ ....... ~...~...%..~ .......... ~ .......................... ..~...>.. .................................... ~..~..~..~: ................................................................... ........... ~ ~~iii.~ ......... L~ ............ ~ .............. :~'~ ..................... .'"~/;~~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEL NO. / zg? 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ESTATE OF MARIE A. VERMA~RN, c/o FRANCIS P. VERMARLRN, JR. · ~I~KK&..C~A~T.~.,¢..V~]~A~I.F~ ,.. ~xecutors ...... of . 209..Blu~. Poi~t. i~oacl,.. D~kdale ~. i~w..York, Name of Appellant .--_ - - .' ' '_ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Aug~s.t~.,,...l~.7..4 ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Estate of Marie A. Vermaelen, .c../.~.~.F..r.~.a..n.~..i.~.s~P.~:~.V..E.~.~..a..e..~.~.e..n.~~ar~es Vermaelen, Executors, Nome of Applicant for permit of 209 Blue Point Road, Oakdale, New York, and n 99... Lar~er~.. ~qoad.,... Hi ck s.v. ille.,... ~ew...Yark ...................................... Street and Number Municipality State f~D PERMIT TO USE (~ ..PERMIT FOR OCCUPANCY ) ~]..~' LOCATION OF THE PROPERTY~/~q. 5alt ~,7.~.r~!:k~,, ........... :]~r~.fl~.~.~..~.~.D.~....~..,~.~.r..~.Q..u. ltural" Street Use District on Zoning Map Mattituck, New York Mop 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 Ordi.nance ) Sec. 280-A, Town Law, and Article III, Sec. 100-31 3. TYPE OF APPEAL Appeal [s made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due ~o 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:~-t~ (has not) been made with respect to this decision of the Building Inspector or with respect to this :roperty. Such oppeal was ( ~ request for a special permit ( ) request for a variance one was made m Appeal No ................................. Dated .................................................................. (X~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthat the applicant wishes to divide the property consisting of 4.644 acres in accordance with "Sketch Plan, Minor Subdivision for Estate of Marie A. Vermaelen," a copy of which is attached hereto. The Southold Town Planning Board had indicated they will approve this subdivision subject to the Board of Appeals granting a variance for Lot ~1. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because the configuration of the property and its contour make it impractical to subdivide the property in any other way, 2. The ho~shipcreatedis UNIQUEondisnotshared by otl properties alike in the immediote vicinity ofthis property and in thisuse district because this zs an established neighborhood, and most of the residential properties predate the existing zDning ordinance regulation and are undersized by today's requirements. 3, The Varionce would ~se~e the spirit of the O~inonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots in the proposed subdivision are larger than most of the properties to the North and to the South'of the Vermaelen property. STATE OF NEW YORK ) ) ss COUNTY OF ~FOL~ ) ESTATE OF ~. E~_7~.P~~ Francis P. jV~ a.e.~l~n, ~ecutom Charles VErmae~a, tU~ecutor FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Zoning Board of Appeals Frank A Kujawski, Jr. August 23, 1989 property of Frank Vermaelen, Jr., Bay Ave., TELEPHONE (516) 765-1892 Mattituck, N.Y. At Mr. Vermaelen's request, the Trustees have inspected above referenced property on August 22, 1989 and have determined that there are definitely wetlands present on the site. Any further activity on this property should be processed accordingly and project clearly staked. RAYMOND C, DEAN Superintendent September 12, 1974 Tel. 765-3140 734-5211 The Appeals Board Town of Southold Southold, New York 11971 Re: Minor Subdivision of Marie H. Vermalin Gentlemen: I would like to recommend that a drainage easement be put in the minor subdivision of Marie H. Vermalin so that at a later date if the Town of Southold has a water condition on Marlene Drive, Mattituck, New York this drainage easement will be suitable to take care of the situation. ~truly yours, ~_ RCD/osg RAYMOND C. DEAN Sup't of Highways Southold Town P1 ning Board SrlUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle August 7, 1974 Richard Lark, Esq. Main Road Mattituck, New York 11952 Re: Estate of Marie Vermaelen Dear Mr. Lark: At a regular meeting held August 5, 1974, the Southold Town Planning Board discussed the above proposed minor subdivision. The Board has indicated that they would be able to approve this subdivision if a variance is obtained on Lot #1 from the Southold Town Board of Appeals. I am enclosing application for same. The next Board of Appeals meeting is August 22nd and a meeting is tentatively set for September 12th. Yours truly, Southold Town Planning Board Enclosure September LO, 1974 Town of Town Office - Main Road Southold, N.Y. Southold - Zoning Board of Appeals Re: Application for zoning variance by Wickam& Lark A/C Estate of Marie Vermaelin Gentlemen: ~ am the owner of property on M_a~len? L~.n~ t~ forms par~ of the western boundary o~ the [ana in estate of Marie Vermaelin. I strongly urge you not to grant a variance for subdivision ~nto any lots of insuf£icient width in this area. This would be detrimental to the appearance of this area and could adversely affect property values. Serious consideration should also be §iven to possible serious drainage 9Foblems that can be created by de- velopment of the southeastern corner of this property. This area is at present considerably be[ow grade, is ditched and drains under Bay Avenue into James Creek. Thank you for your consideration in this matter. Louise S. Sawicki APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE[ (516} 765-1809 FAX NO. {516) 765-1823 July 28, 1989 Mr. Francis P. Vermaelen, 209 Blue Point Road Oakdale, NY 11769 Jr o Re: Appeal No. 1949 (10/17/74) - Estate of Marie Vermaelen County ID No. 1000-144-3-40.1, 40.2, 40.3, 40.4, 40.5 Dear Mr. Vermaelen: This letter is in response to your letter received on July 24, 1989 concerning the above premises located on the west side of Bay Avenue in Mattituck. When you were referred to our office by the Planning Board recently, we asked that you clarify the nature of your new project, and we would try to assist you. Although your letter does explain the events which took place over the last few years, you have not confirmed the exact activities or changes to the land which you contemplate in the use of the lot(s) for a one-family dwelling structure. The map filed initially with the variance application .in 1974 shows a minor subdivision layout for four lots. In between Lots 3 and 4 is shown a proposed right-of-way and drainage easement. In reviewing the record, it appears that the jurisdiction by the Board of Appeals at that time was for the insufficient lot width (or frontage) of Lot No. 1 of 126.34 feet. Later in 1980, the Town Planning Board granted approval to grandfather this project under its subdivision rules in accordance with the Board of Appeals Action. Other than the general layout of the lots and the reservations for future drainage and access facilities, there were no specific conditions set by the Board of Appeals. Since our jurisdiction was limited to the subdivision, we do not feel that it is within our jurisdiction to authorize any proposed physical changes to the land. As was mentioned earlier, you should apply in writing, with maps, to the Town Trustees, Building Department, and (possibly) the Town Highway Department and the N.Y.S. Department of Environmental Conservation, prior to any activities on the land. C Page 2 - Appl. No. 1949 July 28, To: Mr. Francis P. Vermaelen, Jr. Re: subdivision - Estate of Marie Vermaelen 1989 Before you start any construction of a driveway, right-of-way, or buildings, you should apply to the Town Trustees Office for a permit or waiver, in writing, pursuant to [Chapter 95 of the Code). They will in turn inspect the premises for any wetland grasses which may be growing in the wet areas and advise you of the areas which may or may not be disturbed. We do not have any objection to the placement of a driveway, either within or outside the right-of-way easement, subject to your obtaining the necessary authorizations from the other departments. Town Trustees Office Building Department Planning Board Office Town Attorney's Office lk cc: You~? erytr ,. GERKRD P. GOEHRING~R /, CHAIRMAN / (FYI) Francis P. Vermaelen, Jr. 209 Blue Point Road Oakdale,New york 11769 Phone: 516 589 1146 MS. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, New York 11971 July 20,1989 Dear Mr. Goehringer: The Southold Zoning Board of Appeals, Appeal Number 1949, approved the minor sub-division of lane of Estate of Marie Vermaelen. Approval for this sub-division was made in order to settle the estate among her heirs. It was requested because the lots had insufficient widths and approved After many and long discussions, the Planning Board and the Highway Department agreed to the sub-division providing a variance was granted the Town for drainage purposes; and luther that a proposed righ%of way of 50' by lSO' be installed in order to give lots 3 & 4 the necessary frontage. Surveys of proposed Town drainage easement and proposed right of way were prepared and submitted. The Planning Board, Highway Dept. and Zoning Board of Appeals agreed to this proposal Appeal No. 1949, Zoning Boar~i of Appeals, stated as follows: "Therefore it was resolved that Appeal No.1949, Estate of Marie Vermaelen, be approved with respect to frontage of Lot No.1, as outlined in survey of M~nor Subdivision for Estate of Marie Vermaelen (as revised), showing a 15 foot drainage easement located in area between Lot Nos.3 and Lot Nos.4, and be approved with respect to access required" I met with Mr. Charles King, Highway Dept, last sumer. He physically inspected the land. Copies of the approved survey of the subdivision were Pg.2 given to him. He stated that the Highway Dept, .had no interest in installing pipes for land drainage. This week I discussed this matter with Mr. Ray Jacobs, Highway Dept., and left copy of land survey for his consideration. I have just sold my home in Oakdale, and will need a place to live. I would like to begin building my retirement home in Mattituck on Lot no.3 on survey. However I must get the "Access Right of Way" in place. This is the 50' by 150' piece of land shown on tax map no.1~/:-3-40.2 Regarding this access, the Zoning Board of Appeals, Appeal 1949, states; "and.be approved with respect to the access requested." I must get this project started as soon as possible, since I'll need a place to live. There should not be any problem here especially when you consider the fact that the Town was given an easement across the property for the subdivision. Thanks for giving this matter your attention, and I look foward to hearing from you. Respectfully yours, Frank Vermaelen encl~ revised survey approval Zoning Board of Appea~s No. 1949 cc: Ray Jacobs FPV/mtf 0 George E. saider, J~ (~ 64 sq f~ ' AreO-'55,5 AreOla,.719 sq. ft Hillman . ~illiOm H. 'lc M°nle. chorl~st JOh~ Francis P. Vermaelen, Jr. 209 Blue Point Road Oakdale,New York 11769 Phone: 516 589 1146 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, New York 11971 July 20,1989 Dear Mr. Goehringer: The Southold Zoning Board of Appeals, Appeal Number 1949, approved the minor sub-division of land of Estate of Marie Vermaelen. Approval for this sub-division was made in order to settle the estate among her heirs. It was requested because the lots had insufficient widths and approved After many and long discussions, the Planning Board and the Highway Department agreed to the sub-division providing a variance was granted the Town for drainage purposes; and father that a proposed righ%of way of 50' by 150' be installed in order to give lots 3 & 4 the necessary frontage. Surveys of proposed Town drainage easement and proposed right of way were prepared and submitted. The Planning Board, Highway Dept. and Zoning Board of Appeals agreed to this proposal Appeal No. 1949, Zoning Board of Appeals, stated as follows: "Therefore it was resolved that Appeal No.1949, Estate of Marie Yermaelen, be approved with respect to frontage of Lot No.1, as outlined in survey of Minor Subdivision for Estate of Marie Vermaelen (as revised), showing a 15 foot drainage easement located in area between Lot Nos.3 and Lot Nos.4, and be approved with respect to access required" I met with Mr. Charles King, Highway Dept, last sumer. He physically inspected the land. Copies of the approved survey of the subdivision were Pg.2 given to blm. He stated that the Highway Dept, had no interest in installing pipes for land drainage. This week I discussed this matter with Mr. Ray Jacobs, Highway Dept., and left copy of land survey for his consideration. I have just sold my home in Oakdale, and will need a place to live. I would like to begin building my retirement home in Mattituck on Lot no.3 on survey. However I must get the NAccess Right of -gay" in place. This is the 50' by 150' piece of land shown on tax map no.1/:/:-3-40.2 Regarding this access, the Zoning Board of Appeals, Appeal 1949, states; m and.be approved with respect to the access requested.# I must get this project started as soon as possible, since I'll need a place to live. There should not be any problem here especially when you consider the fact that the Town was given an easement across the property for the subdivision. Thanks for giving this matter your attention, and I look foward to hearing from you. Respectfully yours, Frank Vermaelen encl~ revised survey approval Zoning Board of Appea~s No. 1949 cc: Ray Jacobs v/mtf So thold Town Board of Appeals FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Building Department Attention: Victor Lessard, Principal Inspector FROM: Board of Appeals DATE: July 18, 1989 SUBJECT: Property Location: West Side of Bay Ave, Mattituck Parcels No. 1000-144-3-40.1, 40.2, 40.2, 40.4, 40.5 Grandfathered Subdivision of 10/17/74 - Vermaelen Dear Vic: Mr. Frank Vermaelen stopped by yesterday and said that he was referred over to our office from the Building Department concerning his proposal to build a right-of-way (or driveway) for a future house on Lot No. 3 (or No. 4) in the above project. We have asked Mr. Vermaelen to stake out the area for the proposed driveway or right-of-way and to notify our office when the staking has been placed. It is our reco~endation at this time that this project be considered by the Town Trustees, since there appears to be a drainage area and possible wetland grasses at the site (which are not shown on the 1974 subdivision map). Should someone approach your staff concerning activities on the above site, please be sure to refer them to the Town Trustees Office for their inspeotion and determination of jurisdiction or non-jurisdiction, prior to any authorizations. Enclosure (1974 Map) cc: Town Trustees October 4, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Re: Estate of Marie Vermaelin Dear Mr. Wickham: At a regular meeting held October 3, 1974, the Southold Town Board of Appeals discussed the above application for a variance. The Board has postponed making a decision on this appeal for the reason that they feel a better way might be discovered to provide for drainage for the Town of Southold over the four lot property division that has been presented to the Board of Appeals by the Planning Board. The Board feels that the 10 foot wide easement is not wide enough for Town vehicles to operate on and it would seem that this easement was created to supply~ 150 feet of frontage on a deep lot. However, fronting the houses on 150 foot frontage has problems of variance with regard to rear yards and front yards on long, narrow lots. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that application of Estate of Marie Vermaelin be sent back to the Planning Board with the suggestion that they propose a simpler way to provide for a Town easement for drainage water which may occur in the future. Vote of the Board: Ayes:-Messrs: Gillispie, Grigonis,Hulse. Yours truly, :mm Marjorie McDermott,Secretary WlCKHAM & LARK,,:.c. October 10, 1974 Mr. Robert Gillespie, Chairman Southold Town Board of Appeals Town Clerk's Office Main Road Southold, New York 11971 Re: Minor Subdivision - Vermaelen Dear Chairman Gillespie: Pursuant to the request of the Planning Board, I have enlarged the drainage easement to the Town of Southold from 10 to 15 feet arid have had Young & Young ~epare a map reflecting this change. It is my understanding that the Planning Board Chairman, Mr. John Wickham, is coordinating 'this with your Board as the Planning Board insists that the minor subdivision be laid out according to the enclosed plan. If you have any questions, or any further difficulties, I would appreciate your contacting me as soon as possible as there is some urgency in getting this matter resolved. RFL:jgm Encs. cc: Mr. Very truly yoBrs.,~ Richard F. Lark Francis P. Vermaelen October 18, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Dear Mr. Wickham: Re: Estate of Marie Vermaelen At a regular meeting of the Southold Town Board of Appeals held on Ootober 17, 1974, it was RESOLVED that Appeal No. 1949, Estate of Marie Vermaelen, be approved with respect to frontage of Lot No. 1, as outlined in survey of Minor Subdivision for Estate of Marie A. Vermaelen (as revised), showing a 15 foot drainage easement located in the area between Lot No. 3 and Lot No. 4. Vote of the Board~ Ayes~- Messrs: Gillispie, Bergen, Grigonis, Hulse. Yours truly, :~m Marjorie McDer~ott, Secretary cc= Richard F. Lark © $outhold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Southold, New York 11971 October ll, 1974 Re: Estate of Marie Vermaelen De~r Mr. Gillispie: Mr. Lark originally came before the Southold Town Planning Board on this matter in September of 1973. At that time he presented a sketch map which showed four lots, each over an acre and each underwidth. It was suggested by the Planning Board that a spur road be put in from Bay Avenue just far enough to get the required frontage for lots 3 and 4. The Planning Board felt that the Appeals Board would not give a variance for four lots but a variance on one lot would be no problem. Mr. Raynor said he understood there was some interest on the part of the Town as to drainage area and suggested ~hat Mr. Lark speak with the Superintendent of Highways. Subsequentally, Mr. Lark met with Mr. Dean and the drainage easement was marked in to the mutual satisfaction of Mr. Dean and Mr. Lark. Originally, Mr. Dean felt a ten foot easement would be enough but at the Planning Board meeting of September 16, 1974 requested it to be fifteen feet as per Highway Specifications. The corrected map is in our files and copies have been sent to your department. The Planning Board and the Superintendent of Highways have agreed to approve this minor subdivision providing a variance is obtained for lot #1. Yours truly, Muriel Br~sh, Secretary Southold Town Planning Board planning Board ~ · '4~ September 16, 1974 S~uuset Knolls~ Section 2. Richard Lark, Esq. appeared. Mr. Lark: There are drainage problems. We were trying to get the matter resolved and you said you would take part of the park and playground. We could never get the title cleared because it is ova~ed in common with everyone. Stanley bought a piece from his brother. He had a chance to pick up lot 25 but the guy wouldn't se~l without another lot. The contract required a variance of the other piece of property ~o be used as a building lot. We met ~ith the Board of Appeals subject to Planning Board approval. The Board of Appeals approved as long as lot 25 was trans- ferred to the Tow~. This will be a recharge basin. We will need a resoltuion approving the land swap. Mr. Wickham: With a single lot, make sure it does interfere with any circulation of traffic. Mr. Dean: I am satisfied with that. On motion made by Henry Moisa, seconded by Alfred Grebe, it was RESOLVED that the Southold Town PlaNning Board approve the acquzrlng of lot 25 for recharge basin pur- poses by the Town and the setting off of a describsd parcel in an adjacent area vo replace it as grantei by the Southold Town Board of Appeals. Ayes: John Wickham, Henry Moisa, Alfred Grebe. Frank S. Coyle. Mr. Raynor abstained. Estate of Marie Vermaelen. Richard Lark, Esq. appeared. !5 feet instead of 10 feet wide. There was discussion about the easemenz mo be give~ to the tow~ for drainage purposes in case there is eYsr a problem in the area. Mr. Dean suggested the easement be Change of Zone application of Dr. Joseph Lizewski. Richard Lark, Esq. and Dr. Lizewski appeared. This is a petition for a change of zone from "A" Residen- tial and Agricultural District to "B" Light Business District. The parcel is located on the Main Road, Cutchogue, New York and is described as follows: BEGINNING at the corner formed by the int~rsectio~ of the northwesterly line of Main Street (New Yo~k State Romte #25), with the northeasterly line of Depo~ Lane; ~aence North 41° 33' West along the northeasterly side of Depom Lane 233.70 feet to land now or formerly of $1alecki; J J., I (~) COUNTY OF SUFFOLK J,,,~,,, I'~--~--"--t ~ ',~ Real Properly Tax Serv,ce Agency snider, jr. George E. (~ 086sq. ft' ArGO~40/ ! 'MIN. ~ '/~ ,~ x. mZ WATEF~ SUPPLY SYSTEM L tI SEWAGE DISPOSAL SYSTEM YOUNG*& YOUNG 400 OSTRANDER AVENUe, RWE~IHEAD, NEW YORK AL.DEN ~V, YOUNG t r SURVEY FOR: ES,TEE OF MAR~£ A.VE~M~,ELEN of MINOR SUBDIVISION HOWARD W, YOUNG