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Home My WebLink About3561 Southold Town Board of Appeals MAIN ROAD -. STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3561 Application "Dated September 18 , 1986 TO: Edson and Bruer [Appellant (s) ] as Attorneys for 'DOROTHY L : ROBERTSON Main Road _. Southold , NY 119.71 At ' a Meeting of the Zoning Board of Appeals held on January 11 , 1'988 , : 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 , Bulk . Schedule . . . . . . .( .] Request for Application of 'DOROT'HY L .'.'ROBERTSON for Variance`s ' to the Zoning Ordinance. , Article II.I_,.*.$e_ct.i"o.n 10 -31 , Bulk Schedule, for approval o`f..-the `,, .nsuffici ent lot area of .two. proposed parcels in 'this pending set=off division of land with frontage along the south side of North ' 'View Drive , 'the east side of Private Road , and the north side of South View. Drive , Orient , NYi County Tax Map District 1000 , Section . ..1_.34 .Block 1. , .Lot. .1.0 .. . . . .. . . . . . . . . . . . . WHEREAS , a public hearing was held and concluded on December 10 , 19'87 in the Matter of .the Application of .DOROTHY L . ROBERTSON under .Appl.. No . 3561 ; and WHEREAS , at said hearing all those who desired to be heard were"heard and their testimony recorded; and WHEREAS , the Board has carefully considered all testimony a'nddocumentation submitted concerning this application; and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the, .surrounding areas ; and WHEREAS , the Board made the following findings of fact : 1 . The premises in question is a described parcel of land containing a total area of 2 . 508 acres with frontages along three street; , as 'r'oliaw : (a) 172: 64 feet along the east side of Private Road , (b ) 292 . 53 feet along the north side of South Drive , (c ) 320 . 98 feet along the south side of North View D.r'i.ve at Orient . 2 . The subject premises is : (a ) identified on the Suffolk County Tax Maps as District 1000 , Section 13 , Block 1 , Lot 10 , and :',' (b ) is improved with a one-story , single- family framed dwelling and and 29 x 13 ft. accessory shed structure ; as shown by ':map prepared July 2 ; 1974 , amended July 3 , 1984 , and August 18 , 1986 by Roderick VanTuyl , P. C . ( CONTINUED ON PAGE TWO ) DATED: January 11 , 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Rage 2 App1 . N 3 56 1 ;MA.�tter .of DOROTHY L . ROBERTSON .:,be`c.i si on Rendered January 11 , 1988 j N 3 By this application , appellant requests approval of t`heN, nsufficient lot area of two proposed parcels in this .Pe;n;ding'. division of land as follows : (a ) 40 ,03.2 sq . ft . for _proposed -Parcel #1 ,. .and (b). 6.9.,211 sq . ft . of proposed Parcel #2 . The existing dwelling .would be within the r,imeter of Parcel #2 , and the accessory shed would be t.hi n°". Parcel. #1 . . 4 . Town records show that the subject premises was conveyed to Douglas M. and Dorothy Robertson on - May 26 , 1 97"0' by Deed at_ Li ber 6747 cp 480... 5 . The immediate block consists of three other parcels , a:s. follows : (a ) Lot II., Section 13 , Block 01 , of an.. are-a. `40.,,500±' sq . ft..; (b ) Lot 9 of 2 .,25± acres ; (c ) Lot 8 of .1 . 25± acres . 6 . For the record it is noted that a majority of the _,l.ots. in the immediate area consist of a size of 40 ,000± d. s'q ft ." or less . 7 . It is the opinion of the Board that a denial of _the relief requested will not be within the interests of justice ; particularly- for the following reasons : (a ) the area has been designated on the pending Master Plan Revisions for a minimum lot area of 40 ,000 .s.q. f t (b) most of the lots in the immediate area consist .of, parcels of a similar size , or smaller than that proposed ; (c ) there will be no effect of increased population .dens.ity thus produced on available governmental facilities .;water , etc . -)-;- . (d ) a substantial change will not be produced in the. :character of the neighborhood or to adjoining properties ; (e ) the difficulty cannot be obviated by some method feasible for applicant to, pursue , other than a variance. 8 . It is the position of this Board in making this determination that the area of each of the two lots in ques- tion shall contain a minimum area of 50 ,000 sq . ft. rather than the square footage requested herein . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to DENY the relief as requested of 40 ,032 sq . ft : and 69 ,211 sq . ft. , and to GRANT alternative.. relief . in. - the' Matter of the Application of DOROTHY ROBERTSON for a minimum lot area of 5.0 ,000 sq , ft . each for proposed Parcels #1-. and. #2 , SUBJECT TO THE FOLLOWING CONDITIONS: 1': There be a sideyard setback for the existing dwelling from the proposed division line at not less than 25 feet; 2 . One original map shall be furnished as early as ".poss,ible . certifying the area of the parcels in question , set6ack's , etc . for permanent recordkeepin.g.. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , ;Douglass and Sawicki . (Member Doyen of Fishers Island was .absent. ) This resolution was duly adopted . 1 k.? �.s4 ram-✓-.�:J, Gi GER .RD P . GOEHR LAGER, CISAIRMAN J,aih.uary 1,9 , 1988 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS; at a 'Regular Meeting at the 'Southold Town Hall , Main Road , Southold , New York , on 'THURSDAY ; DECEMBER 10 ; '1987 at the following times : 7 ; 30 p. m . Appl . No. ' 3566 THEODOSE TRATAROS and ERAKLIS APODIACOS . Variance to the Zoning Ordinance , Article III , Section 100-31 ,. Bulk Schedule , for approval of insufficient lot area of proposed Parcel #1 -in this pending set-off division of land located along the south side of the Main Road , and. extending along the east side of Wiggins Lane , Greenport , NY ; County Tax Map District 1000 , Section 35 , Block 5 , Lot 3 , containing a total area of 3 . 262 acres . 7 : 35 p .m . Appl . No . 3694 - THERESA CZECH. Variance to the Zoning Ordinance , "Article III , Section 100= 31 , Bulk Schedule , for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane , Southold , NY ; County Tax Map District 1000 , 'Section 135 , `block 2 , Lot 19 . 7 : 40 p .m . Appl . No . 3695 —HENRY J . SMITH & SON . Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B) for permission to construct truck-storage building in this "C-Llight Industrial " "Zoning District at premises known as 2740 .Peconic Lane , Peconic , NY ; County Tax Map District 1000 , Section 74 , Block 2 , Lot 19. 1 . 7 : 45 p .m. Appl . No. 3689 =PETER AND "DIANE LUHRS . Special Exception to the Zoning Ordinance , Article VII , Section 100-70 (B) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October 11 , 1983 , at premises kno.wn as 45845 North Road , Southold , NY ; County Tax Map District 1000 , Section 55 , Block 02 , Lot 17 . Zone District : "B-1 . " 7 : 50 p .m. Appl . No . 3691 = HOSNY SELIM.- Variance to the Zoning Ordinance , Article III , Section 100- 32 and 5 Page 2 - Notice of „,Urings Southold Town Board of Appeals Regular Meeting - December 10 , 1987 Article XI , Section 100- 119. 2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within TOO feet of the Long Island Sound , at premises known as 855 Soundview ' Avenue , Mattituck , NY ; County Tax Map District 1000 , Section 94 , Block 01 , Lot 07 . 8 :05 p.m . Appl . No. 3696 - RICHARD NASS . Variance to the Zoning Ordinance , Article XI , Section 100- 119. 2 for per- mission to locate open wooden deck with a setback of less. than 75 feet from existing bulkhead along canal , at premises known as 50 Willow Point Road , Southold , NY ; County Tax Map District 1000 ,- Section 56 , Block 5 , Lot 25. 8 : 10 p .m. Appl . No. 3676 = ANTHONY ROBUSTELLI . Variances to the Zoning Ordinance , Articles : (a ) III , Section 100- 31 as to insufficient rear yard and side yard , and (b ) XI , Section 100- 119 . 2 as to insufficient setback from bulkhead and ordinary highwater mark , and (c ) III , "Section 100- 31 as to excessive lot coverage , for the proposed construction of a deck addition , at premises known as 5 Haywaters Road , Cutchogue , NY ; Lot 23 and part of 22 , Peconic Bay Properties ; County Tax Map District 1000 , Section 111 , Block 1 , Lots 19 and 18. s� 8: 15 p.m . Appl . No . 3671 - ANDRE AND THOMAS CYBULSKI . Variance to the Zoning Ordinance , Article III , Section 100-30A for permission to utilize premises for book-publishing operations , wholesale book storage , and updated 280-A approval over the existing private right-of-way for such use . Zone District : "A" Residential and Agricultural . Location of Property : West Side Depot Lane , Cutchogue , NY; D!,strict 1000 , Section 96 , Block 5 , Lot 1 . 2 and part of 1 . 1 . 8: 25 p .m. Appl . No . 3543 - 'PETER AND BARBARA HERZ . Variances to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to locate- new single- family dwelling with insufficient setbacks from existing bulk- head- and from highwater areas along Midway Inlet and Hog Neck Bay , premises known as 70 Cedar Point Drive , Southold , NY ; Cedar Beach Park Map , Part of Lots 152 and 110 , County Tax Map Parcel No . 1000-90-02-13 . 1 . 4 Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10 , 1987 8 : 40 p . m. Appl . No . 3561 - DOROTHY L . ROBERTSON . . Variances to the Zoning Ordinance , Article III , Section r100-31 , Bulk Schedule , for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive , the east side of Private Road and the north side of South View Drive , Orient , NY ; County Tax Map District 1000 , Section 13 , Block 1 , Lot 10 . 8 : 55 pm . Appl . No . ' 3686 - FREDERICK AND DIANE RAYMES . Variances to the Zoning Ordinance !, Articles : (a ) XI , Section 100- 119. 2 fo.r .permission to locate dwelling with a ..setback of less than 75 feet from existing bulkhead along Gull Pond Inlet , (b ) III , Section 100-31 , for permission to locate dwelling with an .insuffi_cient frontyard setback , at premises known as 704 Wiggins Lane , Greenport , NY ; County Tax Map District 1000 , Section 35 , Block 4 , Lot 19 . The Board of .Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion. of .the subject hearing . For more informa- tion , please call 765-1809. Dated : November 18 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF 'APPEALS GERARD P . GOEHRINGER , CHAIRMAN Linda Kowalski , Board Secretary ---------------------------------------------------•------------ x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . ., 19 .74. To 74AAq.UM-&J,-X-. PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . ., 19 .?�. for permit to cat . .a, ►.b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at . Location of Property 3 Sr A) ►V. .")440�. .•. . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . .C J. ,Z. . . . Block . . . .Q.1. . . . . . . Lot . . . . . . . . . Subdivision !. . . . v • Filed Map No. . . . . . . . . . . . . . . . .., Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .( 4R . : . .u. o 46 —sA o QkA : . . . . . . .CL4 . . . . Building Inspector RV 1/80 11 TOWN OF SOUTHOLD, NEW YORK fag§8L FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,7��,/ S E DATE .............................. Town CLrk Southold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..........DOROTHY...f,.....ROBER.T.S014........of ...........5.5.5...Igo•r-th...V.i.ew..D. .,. .&. .6a•a••South Dr Name of Appellont Street and Number ............................�... ... t... ... ...................................... ............ b..X.,....HEREBY APPEAL TO Municipality State I THE ZONING BOARD OF APPEALS FROM THE DECISION OF THEt BUILDING INSPECTOR ON erm' t to i APPLICATION FOR PERM RXW. �.XX..S.>�l;?7RLY.1AQ. DATED ...... ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO `a l ..........Rud.calgh..,BrLter...a/lc..Mrs....D.,...Rca.bertson Name of Applicant for permit of .... ..Mai.n...Aoaar..................Szuthold.,..................................LT. Y................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) PERMIT TO SUBDIVIDE 1. LOCATION OF THE PROPERTY ...........555 North View Dr .& 600 South Dr . "A-80" .................................................................. ....... Street Use District on Zoning Ma.. SCTM# 1000-013-01-10„ Current Owner Dorothy L. Robertson .... .... .... .. ... ...... I /Vlop 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 III , Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hag 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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (�) A "Variance to the Zoning Ordinance is requested for the reason that Appellant wishes to subdivide her property in orger to sell set—off vacant parcel and retain improved parcel for her��4own use . i7 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or .unneces- sary HARDSHIP because Appellant has been widowed for several years and finds that, for financial reasons , she must sell that portion of her property proposed to be set-off in order to maintain her residence. The market value of this proposed parcel is substantial , and the sale of same would allow her to achieve her objective . A denial of this application may force her to sell her residence and leave Orient where she has lived since 1946 . 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because The lot, as it presently exists, is larger than any other lot in the surrounding community. The proposed division would create two lots in excess of one acre each: One (1 ) 40 ,032 sq. ft . lot ( to be set-off ) , and one (1 ) residential lot comprising 69 ,211 sq. ft. with insufficient front yard width (dictated by the irregular dimensions of this property-) . i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because t I The lot's created by the set-off will be in excess of one acre each, which will be in accord with the proposed Master Plan for Southold Town. ' 'This board 's approval of the requested variances will not adversely affect the planned development of this area. Due to financial pressures, Appellant cannot delay this application until such time as the proposed Master Plan allowing 40 ,000 square foot parcels is enacted. P. 1 t ' STATE OF NEW YORK ) ss ..... .. .fie_ COUNTY OF SUFFOLK ) Signatute Sworn to this ........ . zDC................. day of................September..................... 19 86 I � otary Public MARY DIANA FOSTER NOTARY PUBLIC, State of New York No. 52.4655242, Suffolk County Commission.Expires March 30, 19 5 TOWN OF SOUTHOLD-PROPERTY RECORD CAR® STREET VILLAGE DIST. SUB. LOT; FORMER OWNER �V E. ; : jAC S Q41,3 W TYPE OF BUILDING 5,1 View FARM l�MM. CB. j MISC. Mkt. Value- RESJ Q SEAS. VL. I I LAND IMP. TOTAL DATE' ... REMARKS � O ® a a 7 o r r� e c� 42 a AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 �( Tillable 3 Woodland Swampland FRONTAGE ON WATER J FRONTAGE ON ROAD 0. Cu o v = u B rushland House Plot DEPTH BULKHEAD ROCK 4tal / TOWN OF SO THOLD AROPERTY RECORD CAR® ,»BIER STREET VILLAGE DISTRICT SUB. LOT 0r� FORPf OWNER N / E AC E ` 3 / W.D /. TYPE OF BUILDING wl u c/�eY7`sa � i RE`.. SEAS. VL. l FARM comm. I IN Y I CB. I M1SC. LAND IMP. TOTAL DATE REMARKS s ^ t () / 69 .z AGE BUILDIN ONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value i Tillob.le 1 /} Tillable 2 Tillable 3 Woodland �\ Swampland Brushland House Plot Tota l - - COLOR 1 TRIM' F i M. Bldg. 1 X L� q I Foundation Bath I Dinette Extension ,7 ,� ; e r t;<" 'Basement ` Y+- Floors K. Extension ! - `' `' S _ -- Ext. Walls �; '' " � Interior Finish .., � Jc LR. Extension a Fire Place „ - Heat "�° '� DR. Tye Roof Rooms 1 st Floor BR. Porch r _ L J Yy ^° ecreation Room Rooms 2nd Floor FIN. B. Porch 'Dormer -- t Breezeway Driveway Garage �j V r Patio O. B. ( � o w aszAin, 3 Y 3z11+0�'j % OT �—• - '-�' � � Ate". � Oy�� l \ >10�w {.-_— ..��-.__ \ f ^^'- �-.'� t• i q Ai rtr a1' Fi 01,E LSO'— +N OF_ HALL i LOAo-cb,' ;#a `5ur=roLK COUNTY rAx Pr:fRCEfti: 1000-013--1 -3a SMALL I -- --- - --- ! :CSt.4Vaf Q u i� , i eofses I ^i la¢oP•a' l _69, i s�►�tq '."SEPTIC i Sf�}AL'C 3 ;a ' ¢rlvtlrt It co PtPE ARE . =2.508.A. .t. c i .. _ �ia� � �lOo -\ �� ?'� ``~. rnn•r�ort•Ir lula� j - - � --•-fd.n, 6� '.__��_^- __ �, �. .7', � _'` •�� , _ C.✓.".l.e^,:1 ch L r+..Y.lYO OAR �� .��&g '^ - i" 1►�"Q Y 'f�T�.�• �. ?r.lz rnli ntn a'?-f. L 1 �� C 1 .P•'. 1 ,I:r:1vr.�+cM on hit 2�!A�KtotM .._ ..- S.-,^,., r.--' V L,rdr iA e t Um listc4 haccon sn;i I �M��: ^r�� `tiC V1 1 to 7h of a, ,s a!tha 4nCinC In�tt- - � [!� �✓+" �' .r7. 'I - VAtGf I,D' l�:P Dn.�51 el:t6 Af9 IYDt VY15:Urabt(f- ,;.�V} (9RIY-_-'`,�. - - .'. n"itutiom or sui"uam i _ Pt�G` AM�ND�D J_IJLY 3 V?84 ! u.QT��.. AUf. 18. 1 9se( AS SURVEYED. Y : 4C r :.ju 2 7 - ( • • N;p 2 iGai�raUres Ef2o M:: Ada iZlt?1t. StiRVLY �•n r I. I�. ; . A {u. •a •w �•--•`�� 8. ]1i/AK'L�i��.BGl;`?t?l.`f". At�tO 6��`5��/A4�Di�j?d � f' .�- �, •:t .a. .�-�.•,.� .t.. .: OEAF t3 �� • Qw1Y�'� Js�,t �.�'�=, - Al 4 Os .. . ..Y.-�, ��7..,,..,.,. . - ..,.. , -..... :. •. ....,., ... ....:..r„_ . „�s�x..cy .. .,. .. .,. ... .+�`.°,,� ,�}�'R2=P: .GY ,:6`AR, !A!`it�`a`�UR'ft� :c .. :sue- v+... - - ..u,....r...,.J..?r.. ,,..•, _:t _.r. -. ...T v. 't'3-, - - .4s., S1F. 1,�4`:>. r� 4Ksy Southold Town Board of Ap' peals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO, JR. April 7, 1989 Rudolph H. Bruer, Esq. Edson and Bruer. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3561 - Dorothy L. Robertson Dear Rudy: Your letter dated March 29, 1989 to the Southold Town Attorney' s Office has been referred to our office for a reply. The Town Attorneys) agree that the conditions of the above appeal under the prior zoning ordinance do not apply if the property has been re-zoned to R-40 and meets-'the lot area, width and depth requirements for the new zone district. Accordingly, the law existing at the time will apply, and the Z.B.A. decision under Appeal No. 3561 with conditions is now obsolete. You should, of course, return to the Planning Board and any other agencies for their approvals, if the same have not already obtained. Yours very truly, GERARD P. GOE NGER v CHAIRMAN lk cc: Town Attorney' s Office 1 TO: FROM: James A. Schondebare, Town Attorney DATE: REF: e G I� C o . J LW - � M ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1 466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (516)765-1222 (RETIRED) (51 6)765-2500 RUDOLPH H.BRUER March 29 , 1989 n AM10V9 31 � Southold Town Attorney's Office Town Hall , 53095 Main Road TOWNAITORNEY'SOPF1�� P .O. Box 1179 TOWN Of S UTHOLD Southold, N.Y. 11971 Attn: James A. Schondebare, Town Attorney Re: Z .B .A. Appl . No. 3561 - Dorothy L . Robertson Dear Jay: On January 11 , 1988 , the Zoning Board of Appeals granted alternative relief in the matter of our client ' s request for a variance due to insufficient lot area (copy enclosed ) . Proposed is a 2-lot minor subdivision as shown on the enclosed map. At the time of application, this parcel was subject to 2-acre zoning requirements . Present zoning designates this property as R-40 . Kindly verify for us that the present zoning designation of R-40 effectively eliminates the ZBA' s jurisdiction and renders their 1/11/88 decision null and void . Your written reply will be appreciated. Sincerely, d p H. ruer RH /df Encs . cc: Mrs . Dorothy L. Robertson Southold Town Zoning Board of Appeals l r � ATTORNEYS AT LAW ` MAIN ROAD-P.O.BOX 1 466 11 SOUTHOLD,NEWYORK 11971JI L rFERTSP.EOSON IS 6)765-1 222 (RETIRED) (51 6)765-250❑ RUOOLPH H.BRUER March 29 , 1989 Southold Town Attorney's Office Town Hall , 53095 Main Road P.O. Box 1179 Southold, N.Y . 11971 Attn: James A. Schondebare, Town Attorney Re: Z .B .A. Appl . No. 3561 - Dorothy L. Robertson Dear Jay: On January 11 , 1988 , the Zoning Board of Appeals granted alternative relief in the matter of our client ' s request for a variance due to insufficient lot area (copy enclosed ) . Proposed is a 2-lot minor subdivision as shown on the enclosed map. At the, time of application, this parcel was subject to 2-acre zoning requirements . Present zoning designates this property as R-40 . Kindly verify for us that the present zoning designation of R-40 effectively eliminates the ZBA' s jurisdiction and renders their 1/11/88 decision null and void . Your written reply will be appreciated. Sincerely, Rudolph H. Bruer RHB/df Encs . cc: Mrs . Dorothy L. Robertson Southold Town Zoning Board of Appeals c, TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, DECEMBER 10, 1987 " Appl. No. : 3561 Applicant (s) : DOROTHY L. ROBERTSON Location of Property: S/s North View Drive,. E/s Private' Road and N/s South View Drive, Orient. County Tax Map ID No. 10 0 0- 13 - 1 - 10 Board Members Present were: Chairman Goehringer P.. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also Present: . Victor Lessard (Building Dept. ) , Linda Kowalski, Z .B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8 :58 o 'clock p.m. and read the notice of hearing and application for the .record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated most recent date, August 18 , 1986 indicating the two lots as mentioned of- 40, 032 square feet which is lot number one just a vacant piece of 16,211 square feet which is the improved parcel. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Ms. -Moore? MS . MOORE: The application for the most part, speaks for itself. Mrs. Robertson is here tonight if you have any questions of her. She' s been patiently, as you can see from the date of the applica- tion, pursuing this application with provocation for a subdivision. We finally received approval to subdivide from the Health Depart- ment on ,November 5, 1987 . That was the delay. We are now- before the Board to receive relief from the bulk And parking schedule. The town created the setoffs for the purpose of providing alter- natives for such situations as is presented to you here today. Mrs. Robertson had been .living on a fixed income for many years and now finds that she must sacrifice some of the land in order to -live in her home. When the town upzoned the property, owners like Mrs. Robertson found practical difficulty and unnecessary hardship inthat their property was no longer divisible. Mrs. Robertson's property is unique inthat it is 2. 6 acres whereas most of the properties in the community are less than an acre. In fact, the proposed Master Plan, as the application states, has designated this area as a one acre area. The character of the district will remain residential and be in conformity with the other lots in the community.. Brownsville Subdivision is. a close knit community which has supported Mrs. Robertson through- out her efforts to subdivide.. In fact, I have two letters which I will present to the Board. One from Helen B. Haas, an adjacent . property owner and Edna Jole, another adjacent property owner who have provided letters in support of her appeal. MT.;5-. Robertson. Page 2 . - December. 10, 1087 sPUBLIC HEARING Doro, L. Robertson Southold. ,Town. Board- o=` appeals MS. MOORE. (continued) has .received contact from- several .neighbors.,in- the .area who are very , interested in the property if she ever subdivides it. So there. is. a.. potential for receiving .this money in ,order to continue to live '.in__ their home. She does have a list of people- who are interested. And hopefully- with your- approval and the`_'f inal approval- of the Planning . : Board,. .she will- be able to .achieve her goal. =:I have the two letters and .I will. subnit them to. the Board. If you 'have any questions, I 'll be happy to try to answer them.- From.-Helen Haas and- Edna. CHAIRMW GOEHRINGER: My only.-que.stion is;, is there a specific reason, I understand the rather irregular boundaries of this .property.. But is , - -there -any reason why you did- not choose to .make the two lots a little . more equal in' square. footage? MS. MOORE: Other than for .the purposes � of maintaining the house with a larger'parcel.:, Since.-it-::is:,':a,;,uery.-large" house,- it -would be dispro- portionate if you had 'a .smaller-°.lot MRS. ROBERTSON: I have two driveways clogged and in the wintertime,. one. driveway has such sharp turns getting around . . - a great big rock, that it':s very. di.fficult' to get up. And I .also find that at my age, I'd like to unload ,my groceries by coming up the straight-. er driveway which I call my summer driveway to be level of 'my°-house. ' .And I asked the surveyor if- he would try to-work out a plan so I `could still keep. that driveway for .my -own .convenience. And therefore, he had to put . that funny tail down- to::the south driveway. CHAIRMAN GOEHRINGER It' doesn!.t indicate',-(Mr8. Robertson) where the driveway is-,.on the South 'View"Drive. MRS... ROBERTSON:_ I don't think .it quite touches. - MS.- MOORE: My surveys don't. show.` ' Maybe on "inspection ors i.f you noticed when you went.ao inspect you-'..noticed the location of the' -. driveways. . MRS. .ROBERTSON:. Both driveways, come in from the north. . CHAIRMAN 'GOEHRINGER From the_ morth. They both come in 'from North View Drive? MRS. ROBERTSON: Yes. The entrance of them- is, :reallyv-quite close"to- gether. ;. - CHAIRMAN GOEHRINGER: ' So there is no entrance from Sound View. MRS. ROBERTSON: No. -. That's a.--very steep slope. _ o Page .3 December 10, 1 V 70 PUBLIC HEARING - Dorothy L. . Robertson Southold Town Board of Appeals CHAIRMAN GOEHRINGER: I actually did not go down South View Drive. I went down North View Drive when I looked at the house. Ok. I thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? . Any questions from Board members? I'll make a motion closing the hearing. reserving decisions until later. All in favor - AYE. i f -. Southold Town' Board of A eats PP MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS March , 16 1988 JOSEPH H. SAWICKI _ Patricia C . Moore , Esq . Edson & Bruer Main Road , Box 1466 Southold , NY 11971 Re : Appl . No . 3561. - Dorothy L. Robertson Your Letter dated February 1 , 1988 Dear Pat : This letter will confirm our telephone conversations concerning your request for alternative relief to the Board ' s. conditions rendered January 11 , 1988 under the Application for Dorothy L. R,obert.son , Appeal No. 3561 . . It was the consensus of the Board members at our March 3 , 1988 Special Meeting that they are without authority to grant any relief or take any action on a prior decision of this Board without formal application ., public hearing , etc. Please feel free to stop by our office to pick up the necessary forms if you choose to file an amended application . Y urs very truly ,_ GERARD GOEHRIN ER � CHAIRMAN lk w ATTORNEYSATLAW �""'""pp MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON TM015111(Retired). es �.�3ti� (516)765-1222 RUDOLPH H.BRUER (51 6)765-2500 PATRICIA C.MOORE February 1 , 1988 Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re : Appeal No. 3561 Mrs . Dorothy L. Robertson Dear Mr . Geohringer and Members of the Board of Appeals , We are in receipt of the Board ' s Januaryll , 1988 action on the above referenced appeal . Mrs . Robertson hereby respectfully requests that the board reconsider and amend the alternative relief granted . Mrs . Robertson has attempted to reconfigure the division line of the proposed lots to create a 50 , 000 square foot parcel . Mrs . Robertson after consultation with her surveyor , Roderick van Tuyl , has found that she can add 5 , 250 square feet to parcel 1 without compromising the integrity of lot 2 . The creation of a 50 , 000 square foot parcel is not practical and feasible in light of the following: 1 . Lot #2 consists of a very small area which is usable . The area to the south is very steep and consists of natural vegetation which prevents erosion of the hill . The area to the north is the only level area for Lot 2 . In addition the northerly area contains a driveway which has been maintained for many years as a means of access to the house . This driveway can not be eliminated because the alternative driveway which goes into the garage is very steep and has sharp turns which can not be negotiated during the winter months due to ice and snow. This driveway can not be altered because of very large bolders . Therefore the driveway which crosses the northerly area of proposed lot 2 is absolutely necessary. The creation of lot lines which would make a lot subject to a driveway creates an undesirable lot . The lot subject to such a driveway would most likely not maintain the area around the driveway since the property does not enjoy the use of the land yet has to pay the taxes on same . I do not believe the Board had that intent when the alternative relief was considered . a Southold Town Board of Appeals with Robertson - February 1 , 1988 2 . In changing the proposed lot lines , the Board now requires Mrs . Robertson to go back to the Health Department which approved certain covenants and restrictions on proposed lot 1 . The change of lot lines requires an amendment to the covenants and restrictions . The Board ' s policy is to refuse to consider an appeal until the Health Department has approved the division , yet the Board has granted relief which is inconsistent with the Health Department approval . The Board has created an additional burden on Mrs . Robertson to return to the Health Department for approval of an amended subdivision . Furthermore , the encumbered lot will show covenants and restrictions as well as amended covenants and restrictions . 3 . The Board found in favor of Mrs . Robertson on the alternative relief granted. The Board held that "the record is noted that a majority of the Lots in the immediate area consist of a size of 40 , 000 square feet or less " . Furthermore the Board found practical difficulty , unnecessary hardship and the character of the district would remain residential and there was no opposition to the appeal . In light of all the above Mrs . Robertson requests that the board reconsider the relief granted and amend the relief granted to allow Mrs . Robertson to add 5 , 250 square feet rather than to create an undesirable lot of 50 , 000 square feet. We respectfully request that the Board consider this request prior to or at the February hearing date. Thank you in advance for your consideration in this matter . Very truly yours , 1-- Patricia C. Moore , Esq. PCM/cd COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING January 26, 1988 Town of Southold Zoning Board of Appeals Applicant: Dorothy L. Robertson Mun. File No. : 3561 S.C.P.D. File No. : SD-88-1 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that a modified subdivision line will be effectuated to accommodate lots of approximately 50,000± sq. ft. each. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (516)360-5192 22-LH-1:12/87cs Southold Town Board of eels MAIN .ROAD - STATE ROAD 25 S❑UTHOLD, L.I., N.Y.. 11971- TELEPHONE (516) 765-1809 APPEALS BOARD' MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR., SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the .Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the. following to the Suffolk County Planning Commission .- Variance from the Zoning Code , Article III, Section100-31, Bulk Schedule Variance from Determination of Southold 'Town Building Inspector Special Exception , Article Section Special Permit Appeal No . :,3561 Applicant : Dorothy L. Robertson Location of Affected Land: s//'s of North View Dr. , e%s Private Rd. , n/s South County Tax Map Item No . : 1000- 13-1-10 View Dr. , Orient, NY Within 500 feet of: Town or Village Boundary. Line XX Body 'of Water (Bay , Sound or Estuary ) State or . County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land - Boundary of Existing .-or Proposed County , State or Federal Park or ' Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . approval of COMMENTS: Applicant is requesting �i ,-,o the insufficient lot arraa of nrQ S in f-hi c penr�i Se��f� cif 1 Copies of Town file and related documents enclosed for your review. Dated : January 21, 1988 Southold 1 own Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN., JR. January 1 9 , 1988 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Edson & Bruer Main Road Southold , NY 11971 Attention : Mrs . Diana Foster Re : Appl . No . 3561 - Dorothy L . Robertson (Variances ) Dear Diana : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered. by the Board of Appeals , the original. of which has this date been filed with the Office of the Town Clerk . If this project involves an application with the Planning Board , please be sure to return to their office for further processing . A copy of this determination is simultaneously being furnished to their office . In any event , please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office (765-1809 ) or that of the Building Inspector (765-1802 ) if you have any. questions . Yours very truly , GERARD P . GOEHRINGER Enclosure CHAIRMAN Copy of Decision to : . Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission C� c•J�• 1 � , l 9 �� v Aa4f 1 / � - aA41- '• xww ram'. P ��rrG Bob ^ ` - S Southold, N.Y. 11971 , (516) 765-1938 MEMORANDUM TO: Gerard Goehringer FROM: Bennett Orlowski, Jr.� RE: Appeals before the ZBA DATE: December 10, 1987 With regard to your request for input on pending cases before your Board, I enclose the following comments: 1. Appeal # 36279Lillian Vishno. The Planning Board wishes to emphasize its prior position as stated in its last review of May 11, 1987. A copy of same is enclosed. 2. Appeal # 3389Theodore Petikas. The Planning Board wishes to re-emphasize its prior position that since more than 50% of the property is located within the Agricultural - Residential zone, there can and should be no encroachment of the business, zone into the residential zone under the Town Code. 3. /Appeal # 3561 Dorothy Robertson. The Planning Board wishes to reemphasize its prior position as stated in its last review of October 20, 1986. A copy of same is enclosed. 4. Appeal # 3545 Stigliani. The Planning Board recommends denial of this application based on: A. Denial of Fritz application B. Lack of public water (see enclosed letter from Village of Greenport of February 19, 1987) . l 1 P NT_ trD s, SQ LD S I "=�OJ 'I'Y Southold, N.Y. 11971 (516) 765-1938 October 21, 1986 Mrs. Patricia Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Set-off for Dorothy L. Robertson Dear Mrs. Moore: The following action was taken by the Southold Town Planning Board, Monday, October 20, 1986. RESOLVED that the Southold Town Planning Board refer the following recommendation to the Southold Town Board of Appeals with regard to the proposal for Dorothy L. Robertson to set off 40 , 032 square feet from 2. 508 acres located at North View Drive, Orient: It is noted on the proposed Zoning Map that this property is proposed for R-40 zoning district which is one acre, single-family residence. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals )1 UKU pac r, C71- j -C-3 j�r 5 E.' ' e-)F- F-*) 10 0 0 0 13 1 P A 17Z C-V,L. so------— CouNTY LOA 14 61 10 1 Xv U SMALL, 6:zAViFL a fe OW N L tPi T-A tJ Y-, k6� J% \< 4 A M IO .sUaiECT TO COI/ENANTS�& RESTRICTIONS MER _j 8 A , I - PAGE 9WbLik OWY DEPARTMENT OF HEALTH 05 1987 Hauppo6ge, New York 6 certify C�, Ti s is ify that the pr8posed crrongments for water supply -7. on sewage disposol for in 40 on iho dove is hoeby C.'wo for tho 1111iing of.1hO map on.which thij tAor0w"t appears iri the Office of the Coijrft, C)Lyk'IA accordoncd- vAh provitibm of the Public Health Law and the Suffolk County`' A rvj E: D C- D JLY J, 1 ?_8_14 Srshitory Code. Z 0 ti E 'A JULY Ure'cDirector P 7f _nviro entar'�, o I th Z. C_ A OF N WAC-tW- 10 t t-j* A f-:L 0 1?141 "A A '? _0V4,,q,,r RtL�, D L fif S uf P L 62M 14AT 7_7 5-r 6 L.5 _, S2 wl A f-J P D T "O: 0 LD Y Southold, N.Y. 11971 (516) 765-1938 October 21, 1986 Mrs. Patricia Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Set-off for Dorothy L. Robertson .Dear Mrs. Moore: The following action was taken by the Southold Town Planning Board, Monday, October 20, 1986 . RESOLVED that the Southold Town Planning Board refer the following recommendation to the Southold Town Board of Appeals with regard to the proposal for Dorothy L. Robertson to set off 40 , 032 square feet from 2. 508 acres located at North View Drive, Orient: It is noted on the proposed Zoning Map that this property is proposed for R-40 zoning district which is one acre, single-family residence. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ZccBoard of Appeals _ 0 G Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS. JOSEPH H. SAWICKI September..22., 1986 Mrs . - Patricia C. Moore Rudolph H. : Bruer , Esq . Main Road Southold.; NY 11971 Re': Appeal No . 3561 - Dorothy L . Robertson (Variances ) Dear Pat : This letter will acknowledge receipt of your recent appli - ca.ti.on. The members of the Board of Appeals will be conducting field inspections and environmental reviews as .may be required by State and local laws prior to scheduling your .application for a public hearing. It is requested in the interim that you Droceed with the [X ] Planning Board [ ] N. Y'. S: D. E. C. [ X ] Co Health Art . 6 in order that they may submit their written comments or recom- mendations as early as possible . . .Upon receipt of - their input , your application will be scheduled for the next available hear ing date. If the above document (s ) are submitted by late October , it is expected that the public hearing would be held about the middle part of November... A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation . Please feel free to call at any time if you have any questions . Yours very truly , GERARD P. GOEHRINGER CHAIRMAN cc : Planning Board By *together with copies of map showi-ng proposed "building envelope" and completed Short Environmental Assessment Form BRUER AND LARK ATTORNEYS AT LAW MAIN ROAD- P. 0. BOX 1059 SOUTHOLD, NEW YORK 11971 r RUDOLPH H. BRUER RICHARD F. LARK WILLIAM D. MOORE September 23 , 1986 r/5 T bbb (516) 765-4343 Suffolk County Dept . of Health Services General Engineering Services County Center Riverhead, N.Y. 11901 Re: Subdivision for Dorothy L. Robertson Orient, New York 1000-13-1-10 SCHD Ref. No. Sub. 884 ( SO) Dear Sirs: Enclosed please find letter from Kathleen J. Newcomer, Public Health Sanitarian, Bureau of Drinking Water . Please note that all federal and state limits and guidelines were met , except for nitrates . We hope this will assist you in your evaluation of this application. Sincerely, Patricia C . Moore Legal Assistant RHB/df Enc . cc: Southold Town Planning Board Southold Town Zoning Board of Appeals. Mrs . Dorothy L. Robertson 'J ` COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES August 26 , 1986 ///�� DAVID HARRIS,M.D.,M.P.H. COMMISSIONER Browns Hills Estate Association c/o D.M. Robertson 455 Northview Drive Orient, NY 11957 Dear Mr. Robertson: On July 30 , 1986 , an annual inspection was made of the well system serving the Browns Hills Estates . The physical facili- ties were noted to be in very good condition. At that time, samples were taken and analyzed for bacteriological , chemical and trace organic parameters . The water met all federal and state limits and guidelines with the exception of nitrates . The limit for nitrates is 10 . 0 mg/l . Your water had 10 . 6 mg/l .' The required notification should be made. To update our records , please send us a copy of the latest notification. Additionally, a pesticide sample was taken of the filtered water. None were detected. Should you have any questions , please feel free to contact this office. Yours truly, i Kathleen f Newcomer Public Health Sanitarian Bureau of Drinking Water KJN/jdm 225 RABRO DRIVE EAST HAUPPAUGE, N.Y. 11788 (516)348-2917 16-LH-S..1/65 NOTICE OF HEARINGS j :sw ?ng ptlifl wYrh flecks and" , fei xclosure landward of ex- PO-31, Bulk. iule, foi-ap- `` proval of;.the i..._ cient-lot area NOTICE IS HEREBY GIV- ist .a-.;welling in the front yard EN;pursiiant'to Section 267 of and within 100 feet of the Long of two prapoffd parcels in this. the Town.Law and the Code of ending set-off division of9and Island Sound, at premises Q. the Town of .Southold, the known as 855 Soundview with frontage along the'south following hearings will be held Avenue,Mattituck, NY; Coun- side-of North View.Drive, the t Tax Ma District 1000 Sec- eastside of PrivateRoad and the .by the SOUTHOLD TOWN y P north side of South View Drive, BOARD OF.APPEALS at a lion 94, Block Ol, Lot 07. 8:05 m. Appl. .No. 3696- Orient,'NY; County Tkx Map, egu ar eeting at the.Southold p' District 1000;Section 13,Block Town' Hall, Main- Road, RICHARD NASS. Variance to Southold;NY on THURSDAY, t e omng Ordinance, Article 1, Lot=10. DECEIVIBER "10; 1987 at the XI, Section 100-119.2 for per- 8:55 p.m. Appl No. .368 - fotlowin times: mission to.locate open wooden FREDER_ICK, AND DIANE. g RAYNiES'Variances to.theZon- 7:30 p.m. Appl, .No. 3566- deck with a setback of less than T.�--- THEODOSE TRATAROS 75 feet.from existing bulkhead ang Ordinance,Articles:(a)XI, AND`ERAKLIS APODIACOS. along canal,at premises known Section,100-119.2 for permission Variance to .•the Zoning Or- as .50 Willow Point Road, to locate dwelling with a setback .dinance, .Article :III, Section Southold,NY:County Tax Map of less than 75 feet from existing .-100-31, Bulk Schedule, for ap- District.1000,Section 56,Block bul III*S along Gull 1, or per, proval of insufficient lot-area of, 5, Lot 25. (b) III;Section,100 31,for per- .proposed•Parcel No. I in this 8:10 p.m. Appl. No. 3676-AN- mission.to locate dwelling with per-dirig set-off division of.land THONY RO'BUSTELLI. an insufficient frontyard set- located along the south side of Variances to the .Zoning Or- back,at premises.knownas 704 the Main Road, and extending dinance,Articles:(a)1.11,Section Wiggins Lane, Greenport, NY; along the.east side:of Wiggins 100-31 as to insufficient rear County Tax Map District 1000, Lane, Green port, _NY; County yard and'side yard,and(b)XI, Section 35, Block-4, Lot 19. . p. The.:Board of 4ppeals will Tax Map District 1000,Section Section 100-119.2 as to insuffi- 35,Block 5,Lot3,containing.a cient setback from bulkhead -hear at said time and place all total area of 3.262 acres, and ordinary highwater mark, persons or representatives desir- 735 p.m. Appl. `No. 3694- and(c)III,Section•100-31 as to ing to be heard.in each of the THERESA•CZEC.H. Variance excessive lot coverage, for the above matters Each hearing will to the Zoning Ordinance, Arai-' proposed construction of deck not start before the time allot- cle III; Section I00-31 Bulk :addition,at premises known.as _ ted. Written comments maybe Schedule, for approval:of the 5 Haywaters Road,Cutchogue, submitted.,prior to the conctu- construction of-.open deck with NY; .Lot 23 and part of 22, sion of then ation:heari se For an insufficient:rearyar&setback Peconic Bay Properties; Coun- more information,:please call from the east property,line at ty.Tax Map District 1000, Sec- --premises. 765=1809 knowtias 150 Goldin tion 111,Block 1,Lots 19 and 18. Dated: November 18, -1987 Lane; Southold, IVY; County •8:15 p:m. Appl: .No. 3671- BY ORDER.OF THE ia»i is i5ull►. vt7fl, �a��iivT, •THOMAS S.OUTHOLD TOWN ANDRE AND 135;Block-2,,Lot 19 .: CYBULSKI. Variance to the BOARD OF APPEALS Zoning'Ordinance,Article III GERARD P.GOEH RINGER, 7.40 p.m. Appl. No. 3695- CHAIRMAN HENRY J. SMITH &.SON. Section 100-30A for permission ''.for book- to utilize premises bk- Linda Kowalski; Special Exception to the Zoning _ Board,Secretary publishing operations,wholesale Ordinance,Article VIII,Section 1 F12/3/87(15) 100-8.(B)for permission to con- book storage, :and updated struci truck-storage-building in 280-A.approval over the existing this' C L" ight Industrial".Zon- private right-of:way' for such ing-DiL tr ,t at premises.known use.'Zone District: "A"Residen- as 2740:Peconic Lane,.Pec10 tial and Agricultural. Location NY; County Tax Map District of Property: West Side Depot 1000, Section 74, Block 2;:Lot Lane, Cutchogue, NY, District •19.1. 1000, Section 96, Block 5, Lot 7:45 pin: Ap'1 *'No `368- 1.2:and part of 1.1. PETER AND DIANE WHRS. 8:25 p.m -A'ppi. No. 3543 Special Exceptionto.the,Zoning PETER AND BARBARA Ordinance,Article V11 Section HERZ.Variances to the Zoning 100-70(B)for pe di.Wonto`con- Ordinance,.Article XI, Section struct addition for a iepair'sta-. 100-119.2 for,:.permission to tion in conjunction with Special locate new single-family dwell- Exception Permit .No. 3161 ing with insufficient setbacks rendered'October I1; 1983, at : from existing 'bulkhead: and premises known as 45845 North from highwater areas. along Road, Southold, INY; County Midway.Inlet and Hog.Neck Tax Map District 1000,.Seetion Bay, premises known 'as' 10 . 55, Block 02, Lot 17. Zone Cedar Point'Drive, Southold, District: "B-1" N.Y, Cedar.Beach Park Map, 7:50 p.m. Appl No. 3691- Part of Lots 152 and 110,Coun- HOSNY SELIM. Variance to ty Tax Map Parcel No, the Zoning,Ordinance, Article 1000-90-02-13.1. .I11,.Section 100-32 and Article 8:40 p.m. Appl. No. 3561- XI1 Section 100-119.2 for per- . DOROTHY L. ROBERTSUN. mission:-to locate inground . Variances to the Zoning Or- dinance,, Article III, %ction e COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . /. . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . day o . . . . . . . . . . . . . . . . .. 19 . �. . . '..... . . . . . . . . . . . . . . . . . . . . . . Sworn to before me this . . . . . . . . .7 . . . . . . . . . day of . . . . . , 19 . �. . . . . . . . . . . . . . . . . .. 1 �. . ✓� . . . . . . . Notary Public BARBARA FORBES Nocary Public, State of New York No. 4806846 (qualified in Suffolk County � Commission Expires ��3/ 19 k aouthold Town Boo. of Appeals MAIN ROAD - STATE ROAD 25 SOU'i HOLD, L.I., N.Y. 11971 / TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ;ERARD P. GOEHRINGER, CHAIRMAN ;HARLES GRIGONIS, JR. ERGE DOYEN, JR. 'OBERT J. DOUGLASS DSEPH H. SAWICKI TO WHOM IT MAY CONCERN : _ Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very�;,tr 1 G-ERARD P . GOEHRf/NGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure r o9,mvFGIA- sTown" Board M Ln T outhold of Appeals . � MAIN ROAD.- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD December 10, 1987 MEMBERS - GERARD P. GOEHRINGER,'.CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. SERGE DOYEN, ENVIRONMENTAL DECLARATION ROBERT J. DOUGL NEGATIVE ENVIRASS ' JOSEPH H. SAWICKI Notice of Determination .of Non-Significance APPEAL NO. : 3561 PROJECT NAME: D'ORO:THY L'.' RO'B'E'RT'S'ON -- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental .Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi-. cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: [•X] Type II [ ], Unlisted [ ] DESCRIPTION OF ACTION: Approval of insufficient area of two proposed parcels. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/s North .View Dr,.., -E/s Private Rd.. and N/s South View Dr. , Orient, NY REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented -as planned; (2) The relief requested is not direct-ly related to new con- struction as regulated by Section 617. 13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,•. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted " on the Town Clerk Bulletin Board. (3) Information, has been submitted -by applicant or his agent in- dicating that the project will not involve the disturbance of wetland grasses or areas subject to flooding which may be considered .wetiands. me z • Town Hall, 53095 Main Road �- P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18, 1986 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3561 application of Dorothy L RQbjm-&Gn for a variance. Also included are accompanying papers as outlined in the letter of transmittal from Patricia C. Moore, dated September 17, 1986. Judith T. Terry Southold Town Clerk ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (51 6)765-1 222 RUDOLPH H.BRUER (51 6)765-2500 September 17, 1986 Southold Town Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Att: Linda Kowalski, Secretary Re: Variance application of Dorothy L. Robertson Premises: Orient, New York Dear Linda: Enclosed please find the following: 1 . ZBA application for variance •2 . The required filing fee of $75 . 00 3 . Three ( 3) copies of survey 4 . Copy of tax. map 5 . Copy of letter of Brown' s Hill Estates Inc. Homeowners Association President, Dorothy L. Robertson, stating that a community water source is available . We are awaiting approval from the Department of Health and Southold Town Planning Board. We ask that you place this matter on your calendar for a hearing as soon as possible . If there is anything you need, please let me know. Very, Truly Yours, cam. �4?dam--c��, Patricia C. Moore Legal Assistant PCM/df Encs . BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of DOROTHY L. ROBERTSON NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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) (8P=R&YrXfl (X1XXX:J1) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is d4- cribed as follows: 555 North View Drive & 600 South Drive, Orient, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: "A-80" Resiflentlal 4. That by such Petition, the undersigned will request the following relief: permission to set—off a.-1 nri—ion of h,-rp rn Pri-V witl insufficient f ai-al area and f rnnt yard width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article T T T Section 10 0—31 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 may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the .Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard,at such hearing. Dated: Dorothy L. Robertson Petitioner ,by: Edson & Bruer,. Esqs . ' Post Office Address ` Main Road, P.O. Box 1466 h„i d N.Y_ I 1 971L PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Ms . Helen D . Haas 740 Northview Drive Orient, N.Y. 11957 Ms . Edna Doll 6 Lasalle Ave. Cranford, N.J. 07016 Ms . Irene Barnes Sherrow 55 Stony Hill Path Smithtown, N.Y. 11787 Ms . Winifred F . Caprise 11676 Dunes Road Boynton Beach, Florida 33436' Ms . Helen Howard Box 174 Orient, N.Y. 11957 Mr . Sanford Hanauer 130 Woodbury Road Woodbury, N.Y. 11797 O�sterponds Corp. 108 East 91st Street New York , N.Y. 10128 Mr . Stewart J. Johnson Box 185 Orient, N.Y. 11957 Ms . Anne E. Mackay P.O. Box 97 Orient, N.Y. 11957 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) OI P 0 ' A S�jd[. !99S 1 residing at (WO 4P,U R flD -race I S2- being duly sworn, deposes and says that on the /8 day of , 19 �, deponent mailed a true copy of the Notice set forth on the re verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on he current as essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- Stce at ; that said Notices were mailed to each of said persons by certified mail. Sworn to before me this If day , 19 0% otary Public VARY DIANA FOSTER NOTARY PUBLIC, State of New York No. 52.4655242, Suffolk County Commission .Expires March 30, 19$'7 Mows ri{ i 7 r ro- \IL Va . s$ r- ��;% r' �. 5��=r•oLu caurtir-Y r�x FAs-ZC>~:. � �M-IXE 'J WOLL Pe or'- ,.'*� v�7, 1 ii ;��. ;-�';'. 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