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HomeMy WebLinkAbout3348 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3348 Application Dated March 20, ]985 TO: Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 [Appellant(s)] as Attorneys for CHARLES P. SIMMONS At a Meeting of the Zoning Board of Appeals held on August 22, 1985, 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 [×] Request for Variance to the Zoning Ordinance , k ~£hedule Article III S~..]0.0~31 ~.ul ~ [ ] Request for Application of CHARLES P. SIMMONS, by A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot width of two parcels in this proposed four-lot division of land (total acreage 57.7 acres) located off the North Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8. WHEREAS, a public hearing was held and concluded on August 22, 1985 in the Matter of the Application of CHARLES P. SIMMONS, Appeal No. 3348; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that there has been no opposition from the public; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties, and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests approval of two lots in this proposed four-lot minor subdivision which would have insufficient lot width at 150 feet rather than 175 feet as required by Article III, Section 100-31, bulk schedule, of the Zoning Code; 2. The remaining two parcels are proposed as follows: Lot #3 of 2.253 acres and 216.70 lot width; Lot #4 of 49.5 acres and 426.85 ft. frontage along Sound Avenue. 3. Parcels l, 2 and 4 are vacant at this time; Parcel 3 is improved with one single-family dwelling and two accessory struc- tures. 4. It is noted for the record that: (a) on May 6, 1985, the Town Planning Board has recommended this project be modified to meet the minimum 175-1ot width requirements; (b) N.Y.S. Department of Environmental Conservation approval #10-85-0520 has been received on July 8, 1985. (CONTINUED ON PAGE TWO) DATED: September 4, Form ZB4 (re~. 12/81) 1985. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3348 Matter of CHARLES P. SIMMONS Decision Rendered August 22, 1985 In considering this appeal, the board finds and determines that: (a) this proposal is not consistent with and will not promote the general purposes and intent of zoning; (b) the relief requested is not unique; (c) in view of the manner in which the claimed difficulty arose, there is another method feasible for the applicant to pursue other than a variance; (d) the practical difficulties claimed are not sufficient to warrant the granting of this variance as applied; (e) there is additional land available on this 57.5+ acre parcel to meet the requirements of the zoning code. Accordingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the relief requested under Appeal No. 3348 in the Matter of the application for CHARLES P. SIMMONS for 150-ft. lot width of two proposed lots, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. (Chairman Goehringer abstained from vote.) This resolution was adopted by majority vote of four of the five members present. lk CHARLES GRIGONVS, JR~ Chairman Pro Tem September , 1985 RECEIVED AND FILED BY THE SOUTHOLD TOWN ~/~//~- HOUR ~/.' DATE Town Clerk, Town of Southc!d NOTICE IS .HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be.. held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road, Southold , NY at a Regular Meeting , commencing at 7 : 30 p.m. on THURSDAY , AUGUST 8 , 1985 , and as follows : 7 : 30 p .m. Application of MARK A. SQUIRES , 2405 Vanston Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-30 (A ) [1 ] for permission to construct inground pool on vacant parcel iin this A-Residential and Agricultural Zoning District known and identified as Lot 356 , Map of Section D, Nassau Point Club Properties , Inc . , Map No . 806 ; East .;Side of Vanston Road , Cutchogue , NY ; County Tax Map District 1000 , Section 111 , Block 6 , Lot 5 . 7 : 35 p .m . . Application of GEORGE AND DORIS SULLIVAN , 84 Beach Road , Greenport , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to construct accessory storage building in the easterly side- yard area at premises located on the South Side of Sandy Beach Road , Greenport , NY ; County Tax Map Parcel No . 1000- 43-3-6 . 7 : 40 p .m. Application for OTTO ZAPF, by A. Wickham , Esq . , Main Road , Mattituck , NY for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to construct accessory storage (garage ) building in the frontyard area premises located at the northerly end of private right-of-way off the North Side of Main Road , Orient , NY ; County Tax Map Parcel No . 1000-013-2-4 . 7 : 45 p .m . Application of NICHOLAS IPPOLITO, by Gary F . Olsen , Esq . , Box 706 , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk and Parking Schedule for approval of the insufficient lot area of two parcels , each with an existing single-family dwelling , located along Carole Road (private ) off the W South Side of C . R . 48 , Southold , NY ; County Tax Map No . 1000-52-2-7 and 1 . 1 (7 . 2 ) . � J 7 : 50 p . m. Application for CHARLES P . SIMMONS , by cr_ji < Cn Z A.. Wickham , Esq . , Box 1424 , Mattituck , NY for a Variance tv the Zoning Ordinance , Article III , Section 100-31 , Bulk a �� = 0 and 'Parking Schedule for approval of insufficient lot width � o of two parcels in this proposed four-lot division of land `� (total acreage 57 . 7 acres ) located off the North Side of Page 2 - Legal Notice of Hearings Southold Town_ Board of Appeals . Regular Meeting of August 8 , 7985 Sound Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000- 112-1 -8 . The Board of Appeals will hear at said time and place all persons desiring to be heard i.n each of the above matters . Written comments may also be submitted prior to the conclusion of the hearing in question . (Tel . , 765- 1809 , or 1802 ) . Dated : July 18 , 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER CHAIRMAN --------------------------------------------------------------------- x Instructions to newspapers : Please publish once , to wit : Thursday , August 1., 1985 , and forward five affidavits of publication to : Board of Appeals , Main Road , Southold , NY 11971 . ---------------------------------------------------------------------x Posted on Town Clerk Bulletin Board 7/26/85. Copies to the following on 7/29/85 : Mr. and Mrs . Mark A . Squires , 2405 Vanston Road , Cutchogue 11935 Mr. and Mrs . George Sullivan , 84 Beach Road , Greenport 11944 Abigail A . Wickham , Esq . , Box 1424 , Mattituck , NY 11952 as Attorney for Otto Zapf as Attorney for Charles P. Simmons Gary F . Olsen , Esq . , Box 706 , Cutchogue , NY 11935 as Attorney for Nicholas Ippolito ZBA ZBA individual files Building Inspector Lessard Supervisor Town Board Members • FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File Not. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . .. 19 To . . . . . . . . ... . PLEASE TAKE NOTICE that your application dated . . . . . . . .. 19 for permit to coTFATifet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 1 7. . . . . . . . . . .P . . .I. .J,-- . . . . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . Block . . . . o. . . . . . . Lot . . . g . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 070 . . . . . . . . . . . . . . . . . . . . . . . . �u H i Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 991101 ' -March :_iq DATE ...., �...,. ... , 1985 �a TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y. 1, ) ..Char.le.s...P.:....S.immons.....................of .. 221 West 8.2nd Street,...................... Name of Appellant Street and Number New York, New York.. 10024 HEREBY APPEAL TO ........................................................................... .... Municipality -State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/23/8.5FOR: permission to subdivide WHEREBY THE BUILDING INSPECTOR DENIED TO CHARLES SIMMONS c/o Abigail Wickham ......... ..................................................... Name of Applicant for permit of Box 1424 (Main Road) , Mattituck, NY 11952 Street and Number Municipality State ( X) PERMIT TO NW DIVIDE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .n/.8...Saund„Avenue , Mattituck NY gricultura; Street and Hamlet ' ..... '&-'T6flgidenti..al SCTM#1000/112/.01/8 OWNERS) : . . . .CHARLES ,P.. SIMMONS . . . . . ................................................................................. . . . Map No. Lot.No. DATE PURCHASED: 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.) Articles I&III, Sections 106.-20 .& 100-.31, respectively 3. TYPE OF APPEAL Appeal is made herewith for V,X) 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 MENK(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section.280A Subsection 3 ( X) A Variance to the Zoning Ordinance Appp:l is an t is requested for the reason thaf/ wcK would like to divide the property so . as to contain two lo''s having insufficient width under. the zoning otdinance,. as shown on the. attached survey. Form zBi onti.nue on other side) jgti 9ef` feU REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because the two lots being subdivided each contain. an . . area well over the 80 ,000 foot requirement, with upland in. excess of 60 ,.000 square feet. To make these lots meet the 175 foot width requirement and also have sufficient buildable. area behind : the bluff setback line, the lots would have to contain. an area of 3. 44 acres each.. Applicant intends to .retain the .remaining Sound frontage for his own home. 'and desires as much width. as possible in order to insure his privacy. The lots to the East 'of him .are very narrow, . and he would. like to , make sure .he has. a.dequate width to-provide a buffer on. either side of the residence'.. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the division is necessary .to preserve extra width for'-, applicants ' retained lot. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many of the So.un.dfront. .lots in the area. are considerably smaller than. any .of the proposed lots of the applicant. WICKHAM, WICKHAM &. BRESSLER, P.C .. At-tor s f. r lica STATE OF NEW YORK ) By ss < .... .... ..,r................ COUNTY OF SUP PotK ). Signature Abi. ail A.� Wickham. Sworn to this .......1 Gkl..'........................... day of........Mar;ch.2................................... 19 85 ...... ....:............ Et.LEN M.URBANSKI Notary PublicNIL NOTARY t S C St me of New YIo* l3uatlftrd ip� Commission E V­ Morohl> CARD OWN or OWNER .--,,c-� .,�.• STREET, VILLAGE DISTRICT SUB. LO T t p. FORMER OWNER E Ar�CR/EA/GE ' S �` TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I I M1SC. l %7 IND. CB. I LAND i IMP. TOTAL DATE REMARKS - - a IPA ' ' a � c7 . = h o a U S-� c: ,' / ?�' �3�/.F� psi� . t✓'�, �. ���'`�o J � - ,_, SAGE BUILDING CONDITIO E ORMAL B LOW` OVE f Farm Acre Value Per Acre i Value Tillable l Tillable 2- �6 i illable. 3 --- Woodland Y� / Swampland Brushland i COUNTY OF SUFFOLK--=— V.a � PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E.KOPPELMAN DIRECTOR OF PLANNING October 3, 1985 Mr, Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 Re : Application of "Charles P. Simmons" (#3348) Town of Southold (SD-85-14) . Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on October 2, 1985 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Ample on-site area is available to insure compliance with zoning ordinance requirements; 2 . It constitutes the unwarranted further intensification of residence development along the Long Island Sound; 3. It would tend to establish a precedent for similar land development patterns along the shorefront; and 4. It would only tend to undermine the effectiveness of the zoning ordinance. Very truly yours, Lee E. Koppelman Director of Planning b ---------------- Gerald G. Newman Chief Planner GGN:jk " VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.L.NEW YORK 1 1788 . (51 6)360-51 92 Page 12 - Z . B . A. Hearings August 8 , 1985 Regular Meeting 8 : 12 p .m. Public Hearing was held in the Matter of CHARLES P . SIMMONS. Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk and Parking Schedule for approval of insufficient lot width of two parcels in this proposed four-lot - division of land (total acreage 57 . 7 acres ) located off the North Side of Sound Avenue , Mattituck , NY ; County Tax Map Parcel No . 1000-112-1 -8 . The Chairman opened the hearing at 8 : 12 p . m. , read the appeal application and legal notice of hearing for the record. MR . CHAIRMAN : I have a copy of a map indicating the 57+ acres , indicating Lot #1 , approximately 150 ' by 645 ' plus 247 . 67 , for a total of 3 . 0 acres ; Lot #2 , 1.50 ' by 860 , approximately 3 . 0 acres ; ( Lot #3 , 2 . 253 acres , Lot #4 , 49 . 5 acres ) . I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area . Mr. Bressler, would you like to be heard? ERICK BRESSLER , ESQ . : For the applicant , Wickham , Wickham and Bressler , P . C . , Main Road , Mattituck , New York , Eric J . Bresssler . I have with me tonight Mr . Simmons in the audience , who will address the board shortly . This is an interesting application for a variance . I find it interesting because the applicant is attempting to do some planning on his own and create the kind of environment and kind of property division he feels would maximum the use of the area . He has done this by creating a four-lot subdivision . As the board can see , first he has carved out the house , a logical division . The second thing that he has done is he has carved out two sound- front lots to maximum the exposure to the Sound , Long Island 's northfork natural beauty . The last thing that he has done , he has tried to retain as much width as possible for the retaining parcel . You will note that the retained parcel consists not only of the area going up to the soundfront , but also the remainder of the farm. Now as a Part of this overall plan , Mr . Simmons is also in the midst of committing the remainder , except for the buildable area of that lot , to a Farmland Preservation Program in Southold . In addition , as part of that program , he is . also int he process of donating a portion of the property. So what he has attempted to do is create a unified method or scheme of dividing up this property. Now , the reason for the subdivision into two 150 ' lots instead of 175 ' lots is based on several considerations . First , I think foremost in the applicant ' s mind is the nature of the property which will be left for him . He intends to build up on the Sound on the soundfront in the large remaining parcel . Because of the nature of the surrounding neighborhood, he wants to insure to himself as much privacy as possible . What he is afraid of is the existing situation where there are numerous small lots , particularly Page 11 - Hearings August 8 , 1985 Z. B. A. Meeting (Appeal No .3377 - NICHOLAS IPPOLITO , continued : ) MR . CHAIRMAN (continued) : like to speak against the application? Any comments , Mr. Olsen , before I close the hearing? (None ) . Thank you for coming in . Hearing no further comments , I ' ll ask the board-- MRS . KERMAN : ..'..My name is Mrs . Kerman . I also live on Carole Road . MR . CHAIRMAN : At the end . And with the dogs . MRS . KERMAN : Right . I just wanted , is it a separate meeting when Mr. Ippolito wants to put up the other unit? He wants to make it like one--he explained to use , he wants to join the two buildings so he has a , four-unit motel : Is that a separate meeting or is it this meeting? MR. CHAIRMAN : Well , that was basically-- MRS. KERMAN : We thought it was today . MR. CHAIRMAN : That ' s basically the reason why I asked the question to Mr. Olsen , and 'the only :i.ssue before at this particular time is the division of the two pieces of: property . If the deci - sion of 1977--it ' s; :somewhat enlightening to me because , of course , I wasn ' t on the board at that .,particular time , I will certainly take that under advisement in granting this division . MRS . SMULCHESKI : Well , nothing has been done about it . It ' s been ' six years . MRS. KERMAN : Yes , six years . MRS . SMULCHESKI : My husband came in several times and applied and they said that the .town board would handle it . And .nobody has done anything . MR. CHAIRMAN : Thank you . Hearing no further comments , I ' ll make ' a motion closing (concluding ) the hearing and reserving deci - sion . We .will .definitely take a look at that application . On motion by Mr . Goehringer, seconded by Mr. Douglass , it was RESOLVED, to close (conclude ) the hearing and reserve decision until later , in the Matter of .Appeal No . 3377 - NICHOLAS IPPOLITO. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unani - mous vote of all the members . Page 13 - Z..B. A. Hearings August 8 , 1985 Regular _Meeting (Appeal No . 3348 = CHARLES P : 'SIMMONS. hearing , continued : ) MR : BRESSLER (continued) : to the east of .him. You have the Lenz parcel up there dividied into three 100 ' 1 qts . And what he wants to do is to .insure that he has the maximum amount of space from this easterly border to insure privacy . Similarly,. on the western edge of the property., there are smaller sized lots . Indeed there are some 75 ' lots . So what he has attempted .to do is insulate the remaining parcel as much as possible . The second consideration is because of the lay of .the land and the bluffs and far loft.. to the Sound; we here to_ provide 175 of width and at the same time retain enough. property _.behind a safe buil.dable distance , we have calculated. that you would have to. have almost 32 acres per parcel in .order to have a sufficient buildable depth in addition to the width , because he ' s involved with the Farmland Preservation Program, we don ' t feel that ' s an appropriate division for the property. I think that if. the board studies the lay of the lots along the_ soundfront, they will find that the 150 ' lots -are not at all out of keeping with the ge.neral lot width -in the area , in fact. _they ' re_ some.what larger than the average lot size . The applicant would like to have uniform 150 ' lots for his privacy purpose , and he ' would not like to get into the different lot line arrangement in order to comply with the 175 ' lot require- ments, which if .the board is aware , is possible and sometimes they' re unusual-shaped lots . And the applicant would prefer not to do it . Wit h. 150 ' lots, ' as the board .can see , there already three acres each, and we feel that ' s more than in keeping with the spirit and letter of the zoning code . MR. CHAIRMAN : Are you going to treat the area that you just eluded to about the dedication or are you going to let Mr. Simmons discuss that? MR . BRESSLER: I ' m-' going to let Mr. Simmons explain to you exactly what step he is at, and as far as -- MR. CHAIRMAN : Thank you , Mr. Bressler . ICHARLES SIMMONS : It seemed like a very clear explanation of my intentions . ' ' Is there anything that I should-- MR. CHAIRMAN : I just didn ' t understand when Mr. Bressler indiated that -you were dedicating land to this town . What did he mean by that? MR . SIMMONS : I ' m selling the development rights to the Town of Southold ' of 38 acres . Page 14 - Z . B . A. Hearings August 8 , 1985 Regular Meeting (Appeal No . ' 3348 - CHARLES P . SIMMONS hearing , continued : ) MR . CHAIRMAN : Is that the front-loaded 38 acres? MR. SIMMONS : Yes . And that excludes the 2 . 7 acres with the buildings on it. The 38 acres, is a natural division--it ' s the farmed part of the farm. The 40 acres nearest . the Sound Avenue , which is the house., is farmed . And then there ' s a meadow of about five acres . And then there are the woods . And that , two parcels of 150 feet , go back as far as the woods . It ' s the usual configura- tion . The geographical configuration . Is there anything--again , I thought that Mr . Bressler explained it . MR. CHAIRMAN : Well , that one area I didn ' t understand it . And then ' the next area is that you intend . to construct a home on the remaining-- MR. SIMMONS : Two-hundred ninety feet . Yes . The reason I suppose it ' s clear-- I want, . it will be finally three houses on the land--is simply I wanted to retain 290 feet , say that the , as Mr. Bressler said , I won ' t be pushed too near to the west and them not too close to me . So however that land is divided it will only be three houses on it . It ' s more or less taking control of the situation so that we can maintain our privacy . I sound like a hermit , but I do want to make sure there is enough room in there . MR . CHAIRMAN : Thank you , sir . It ' s very interesting . Mr. Bressler , ' before I.. leave you . I ' m sorry to make you get up again . Do you have any idea where that 40 acres stops and the remaining acreage of the parcel this gentlemen is referring to starts , where he referred to it as meadow land? MR. BRESSLER : Yes . If the board is looking at the contours up towards the proposed set-offs , around the 70 ' to 75 ' contour . MR. CHAIRMAN : That would then lend itself to the remaining 17 acres . MR . BRESSLER : That would be--from that line to the north , are 18 acres . As I say it ' s a natural division . MR. CHAIRMAN : - There are 18 acres of which there are two 3-acre lots? MR . SIMMONS : No . There are about 13 acres of woods and about five acres of meadow . So it ' s woods , meadow , and then the farm part of the farm which is 40 acres . MR. CHAIRMAN : I thank you. Page 15 - Z. B. A. Hearings August 8 , 1985 Regular Meeting (Appeal No . 3348 - CHARLES P . SIMMONS , hearing , continued : ) MR. LESSARD : What ' s the four lot , Jerry? MR. CHAIRMAN : The fourth lot is 492 acres . Of which 40 acres of it is going to be-- MR . LESSARD : I don ' t see it . I only see two lots . MR . CHAIRMAN : There are four lots . MR. BRESSLER: You have to look carefully because one lot isn ' t really a lot ,. it ' s kind of the remaining . You ' ve got one here , one here , one here and then one here . And everything else . MR. SIMMONS : Do you see my intention about selling? I intend to sell this lot and . this .lot ; and the house (referring to Lots 1 , 2 and 3 ) and build here (referring to most northeasterly section of Lot 4 ) , and keep the farm. MR. BRESSLER : And the rights would be sold . MR . SIMMONS : And then the rights from down here to Sound Avenue will be sold with the exclusive , of course , of this . And there will be no more building . MR . BRESSLER : Even up here . He wouldn ' t be entitled to any more subdivision up here- where his house is going to be . MR. SIMMONS : It ' s simply a matter of trying to maintain space between me and the other people that would build . MR . BRESSLER: Where are you with the Farmland Program now? MR . SIMMONS : I ' ve sent a letter of intent if that interests you . I ' ve made an offer and I responded with the signing of a statement , but you know there are three or four other steps before it ' s final . MR. CHAIRMAN : We have had a discussion , Eric , with Gail (Wickham) one night . I can remember approximately a year ago , concerning jurisdiction over this right-of-way. MR . BRESSLER : And I ' m ready. MR . CHAIRMAN : And it was a rather lengthy discussion if I remember . MR. BRESSLER : I ' m ready for it . She warned me that you might ask that . Page. 16 .- Z . B. A. Hearings August,, 8 , 198.5 Regular. _Meeting MR . CHAIRMAN : I ' ll be honest with you . I don ' t remember the discussion other than the fact that we discussed it . MR. BRESSLER : The discussion was , and I ' m ready for it because we drove out there last night . I said , " I ' m - going in there so you better show me what it looks like . " So we went out there and the story is there is a common right-of-way for the first "x" feet and then the road branches . And then there is one right-of-way on one property and one on the other . And I guess the position is that you look to where most of it is . Is it in common or is it on his property? It ' s mostly on his property and I think the Entenmann situation is some precedent for the proposition that .the Planning Board at least has taken it in the past because of the majority is on the property . And I think that ' s the only logical way to decide it . MR . LESSARD : Do you have any intentions of confining both rights-of-way and make them common? MR . SIMMONS : That would seem to me , either on the east or even on the west , or the east , essentially is the way to do it . Why build two roads? MR. LESSARD : Again I may be speaking out of turn . To set up the township with roads -every 200 feet -- MR . SIMMONS : It doesn ' t do anything for the eye . MR. LESSARD : No . MR. SIMMONS : I don ' t know how far we are on that , whether that ' s part of this consideration now. MR . BRESSLER : No , it ' s not . MR. SIMMONS : But when we do get around to it , I understand that Lenz is going to have to build a road or improve the existing road to the east .. MR . LESSARD : You have rights-of-way on both sides . There ' s three of them . You know , and it seems to me to be such a waste : MR . SIMMONS : And Entenmann , if he wants to sell that piece to the west of the Harbes , part of the Harbes farm , he ' s going to have to improve the road that I ' m using , to the MR . BRESSLER : West of us . MR . SIMMONS : So it ' s an extremely complicated business . Page 17 - Z . B.A. Hearings August '8 , 1.985 Regular Meeting (Appeal No . 3348 - CHARLES P . SIMMONS hearing , continued : ) MR. BRESSLER : It ' s a sensible suggestion . It ' s a lot easier said than done , but it still makes sense : MR . LESSARD : I had suggested that the two parties sit down and-- MR. SIMMONS : I would love to do that , either with Lenz or with Entenmann . I called up Entenmann ' s lawyer , and he said , "Well , you know I ' ll be interested in talking . If there are any problems , we can just wait . " MR . BRESSLER: And that ' s just a silly response because by the time you ' re done waiting , we ' ve done whatever is required to be done by whichever jurisdiction is that takes it , and he ' s done what he has to do , and then you have duplicated efforts . . MR. SIMMONS : I think there ' s a possibility of Lenz-- I mean , I don ' t know the man , but certainly from the look of it-- MR. LESSARD : It ' s a thought , and I ' m sorry we got sidetracked. MR. BRESSLER : The problem with it is it ' s probably too sensible . Too sensible . The guy says , "Let ' s wait until the roads are in and then we ' ll talk about it . " MR . CHAIRMAN : I ' m glad we cleared up that discussion as quickly as we did . As I said , I don ' t remember the actual discussion but I do remember the length of it . The right-of-way where you referred to. as branching off is only a proposed right-of-way at this particular time , all woodland , I think at this time? MR. SIMMONS : The common road that goes just up past the house-- and then the road splits off into Harbes ' or Entenmann ' s property , and there is a rudimentary road on my property . You go over sod , but you-- MR . BRESSLER : You could get up there . With a four-wheel drive . MR . SIMMONS : And drive right up into the woods . MR. CHAIRMAN : I know we didn ' t in a fire truck , that ' s why I asked the question . MR. BRESSLER : I know. There is some work needed but it ' s not treated until you actually get up to the lots . MR. CHAIRMAN : Wonderful . I thank you very much for explaining it all too fully . Now we understand it which I think is something-- it is a very unique design by the- way . Page 18 - Z . B. A. Hearings August 8, 1985 Regular Meeting (Appeal No . 3348 - CHARLES P . SIMMONS hearing , continued : ) MR. CHAIRMAN : Is there anybody else that would like to speak in behalf of the application? Anybody to speak against the application? .(None ) Questions from board members ? ( None ) Hearing no further questions , I ' ll make a motion closing (concluding ) the hearing and reserving decision until later . MEMBER SAWICKI : Second . On motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , to close (conclude ) the hearing and reserve decision until later , in the Matter of Appeal No . 3348 in the Application of CHARLES P .. SIMMONS . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unani - mous vote of all the members . , The last hearing was concluded at 8 : 30 p .m. and the board began deliberations and took actions . (See Z . B .A. Clerk ' s Official Minutes prepared under separate cover . ) Respectfully submitted , Pp . 1 - 18 . Linda F. Kowalski , Secretary-Clerk Southold Town Board of Appeals Southold ��ZIF Town Board of A eals 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. Sept. 23, 1985 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: XXX Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No. : 3348 Applicant: Charles P. Simmons Location of Affected Land: N/side of- Sound Ave. Matt. NY County Tax Map Item No. : 1000- 112-1-8 Within 500 feet of : Town...or Village Boundary Line - XX Body of Water ($ay, 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS : Applicant is requesting permission tmngufficient lot width of the two parcels in a. four parcel division of land .Copies of Town file and related documents enclosed herewith for your . - review. Dated: Secretary ,, Board 0f A PP eals i 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 4 , 1985 Abigail A. Wickham , Esq . Wickham , Wickham & Bressler , P . C . Main Road , Box 1424 Mattituck, NY 11952 Re : Appeal No . 3348 - Charles P . Simmons SDear Gail : Transmitted herewith for your records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter . The original of same has been simultaneously filed with the Office of the Town Clerk . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to : Town Planning Board Town Building Department County Planning Commission I Un Southold Town- Board of Appeals • t- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 8, 1985 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. — SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of. Non significance APPEAL NO. : 3348 PROJECT NAME: Charles Simmons 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 decl._irat.i.on should not be considered a determination made for any other department or agency which may also have an application pending .for the same or simil�.3r. project. TYPE OF ACTION: [ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION : Subdivision Variance for insufficient lot width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1485 Sound Avenue, Mattituck, 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) This is a lot-line variance not directly related to new construction by this application. 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. i r i 1 F Obit f1 r1 t X � T S�MUv A- LD Southold, N.Y. 11971 (516) 765-1938 May 8, 1985 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re : Minor subdivision Charles Simmons Dear Ms . Wickham: Please let this confirm the action taken by the Planning Board, Monday, May 6 , 1985 . RESOLVED that the Southold Town Planning Board refer the following recommendation to the Zoning Board of Appeals regarding the application for Charles Simmons at Laurel: The Planning Board that proposed Lots ]. and 2 have the minimum required lot width of 175 '_ since there is enough area to accomodate this . If you have any questions , please don' t hesitate to contact our office . Very truly yours , 5 BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze , Secretary / cc : Zoning Board of .Appeals Page 9 5/6/85 • Y 0 Costello cont. were alot of existing businesses that needed expanding area, and he would like it kept to one area. He emphasized that he would not allow any retail businesses at this site since he did not want to take away from the downtown Greenport retail businesses . Mr. Costello said that he �taia shops covenant rgrand Costellorestrict stated that property from having any r he had a drainage plan and the Board requested that he submit copies of that to them. Mr. Costello also indicated that he will contact the village of Greenport for drainage as mentioned I)y Mr. Ward. Mr. otlowski explained that this is only a praliminary presentation so that Mt. Costello could obtain the 5oard' s advice. :Iiarles Simmons-Attorney Abigail Wickham was present to discuss _!lis minor subdivision located at Laurel . This application was .also before the Board of Appeals for insufficient area variances :;;a Lots NO. 1 and 2 . The Board questioned why the lots could :.ot have the minimum lot width of 175 ' since there was enough area to accomodate it. Mrs . Wickham stated that her client intended to sell Lots No. 1 and 2 and build r n the remaining nd felt that acreage on the Sound . Mr. Simmons wanted p Y a ii: he could build on the remaining area he coeSded°that ohethe .souse far away from the lots . The Board Bugg :)lace covenants and restrictions on the lots and then make them _onrorming . Mrs . Wickham indicated that she had mentioned this to her client previously and it was felt that ownership was better than covenants and restrictions since they could ebi broken. It was noted that Mr. Simmons has an offer pending the development rights to the Farmland Committee on the remainder of the farm. Orlowski re uested L- at if the Farm r-nnta� n C C tee® is no ble to urc as t e development ri hts th a co t s1,1 o no u u ivision. Mrs .�m� Y � u 1 d ha Te �o aft. _o e . oar on this matter after t at shy - the lot. width, s e discusses this with her client. ega g the Board stated that they could not make a favorable recommendation to the Board of Appeals considering that there and noughla area to comply with the minimum requirements , i for ld only width. mean adding 25 ' to each lot since they are prop proposed it was On a motion made by Mr. Ward, seconded by M RESOLVED that the Southold Town Planning Board refer the following .cation regarding the app recommendation to the Zoning Board of Appeals_ . for Charles Simmons at Laurel . The Planning Board recommends that proposed Lots No. 1 and No. 2- have the minimum required lot width of 175 ' since there is enough area to accomodate this . Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards Ln Town Hall, 53095 Main Road �® P.O. Box 728 ®1 �® Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 20, 1985 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appe4'l No 3348 application for a variance by Wickham, Wickham & Bressler for Charles P. Simmons, and accompanying papers as outlined-on the letter of transmittal from Ellen M. Urbanski (Legal Assistan,t)for Vickham, Wickham & Bressle:r, . dated March 20 , 1985. .p ram Judith T. Terry Southold Town Clerk LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM ERIC J.BRESSLER 516-298-8353 ABIGAIL A.WICKHAM FRANKLYN A.FARRIS March 20 , 1985 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 . Re : Application of- Charles P . Simmons Gentlemen: Enclo.sed.. are the following in connection with the. above application: 1. Application, in triplicate ; 2. Notice of Disapproval from the. Building Inspector ; 3. Original Notice to Adjoining Property Owners , with Affidavit of .Service thereon; 4 . Short Environmental Assessment Form; 5. Wetlands letter ; 6 . Five prints of the survey; 7 . Check in the surf of $75.00 , representing the . application fee . This is. a proposed minor subdivision which is simultaneously being submitted to the Planning Board. The Right-of-Way will fall .within their jur.isdiction. and, there- fore , we have not applied for 280A approval. Very truly yours , Ellen M. Urbanski Legal Assistant AAW/emu encls . LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 FRANKLYN A.FARRIS July 3 , 1985 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 : Re: App lication . of . Charles P . Simmons Appeal .No. 3348 Gentlemen: Enclosed is . a copy of the permit issued by the N.Y. State Department of Environmental Conservation.. We would appreciate it' if you would schedule this matter for a hearing as soon as possible . Very truly yours , � I igail A. Wic am AAW:.emu encl . CC: Southold Town Planning Board Mr. Charles P. Simmons (w/encl. ) 6x, PERMIT NO. NEI K STATE DEPARTMENT OF ENVIRONMENTAL CONS TION 10-85-0520 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW HARTICLE 15, (Protection of Water) 8X ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Charles P. Simmons ADDRESS OF PERMITTEE 221 West 82nd Street, New York, NY 10024 LOCATION OF PROJECT(Section of stream, tidal wetland, dam, building) Long Island Sound, north of Sound Ave. , approx. 430± l.f. west of Aldrich Lane, Mattituck DESCRIPTION OF PROJECT Subdivide a plot of land into 4 lots each to be in excess of 2 acres. COMMUNITY NAME(City,Town, Village) TOWN Mattituck Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk I I I December 31, 1986 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable for any damage Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained 3. As a condition of the issuance of this permit, the applicant has ac- by and at the expense of the owner. cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in accor- ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause Injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and In such time and manner as the Department of Environmental Conservation may require, S. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and restore the the waterway or on shore above high-water mark,shall be deposited or dumped site to its former condition. No claim shall be made against the State of New at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian.rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration party to the permit. in the position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood.flows or endanger project. the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or 15. By acceptance of this permit the permitteehspecial agrees that the permit is t any portion of the uncompleted structure or fill and restore to its former contingent upon strict compliance with the special conditions on the re condition the navigable and flood capacity of the watercourse. No claim shall reverse side. be made against the State of New York on account of any such removal or alteration. 95.204(9/75) (SEE REVERSE SIDE) SPECI?,L CONDITIONS 16. Subdivision is to be in accordance with plan by R. VanTuyl with latest revised date of 12/21/84 submitted to DEC on 4/23/85. SEE ATTACHED CONDITIONS A - J Alternate PERMIT ISSUE DATE PERMIT ADMINISTRATO --P ADDRESS Bldg. 40, SUNY--Room219. June 24, 1985 Charles T. Hamilton Stony Brook, NY 11794 o. SUPPLEMENTARY SPECIAL CONDITIONS l The following conditions apply to all permits: ct A. If any of the permit conditAffairs are atntheaaddressr, the panditelephone shall noted abelow. the Division of Regulatory B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather faautpostedhorizediworkconspicinus location at the work site completion D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. With�ha�nformweek shall completion completed permitted returnedk, the bottom portion of y E. For projects involving activities to be accomplished over a period or more ll notify the than one a least thep48 hours tottee athe commencement Regional ofresumption ofAdministrator rworkeach in writingg att year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approvalby Regional Permi isAadvisedrator prior to that substantial ertaking any such modification modifications. The permitteettee modification may requiresub mission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricantsenvironmentally all deleterious materials epoxy coatings, paints, oassociated a ithethe project or any work. environment y H. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, er required for Building, Empire State Plaza, Albany, NY 12242, which may be any encroachment upon State-awned lands under water. Regional Permit Administrator NYS Dept. of Environmental-Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-85-0520 1 t -- 1 ( LAW OFFICES WICKHAM, WICKHAM a BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 FRANKLYN A.FA RRIS May 7, 1985 Southold Town Zoning. Board of Appeals Town Hall - Main Road Southold, NY 11971 Re: Application of Charles P. Simmons Appeal .No. 334.8 Gentlemen: The Planning.. Board acted on this .mat.ter last night, and you will be receiving its recommendation shortly. As you probably know, the Department of .Environmental ' Conservation is: extremely. backlogged. Although we submitted t.he 'application three weeks ago, it has not even been re viewed, and we could be given no indication of when that would occur . It has been our experience that on these applications the review is rather pro forma. The DE.0 does not have jurisdiction over most of the property due to the high elevation of the bluff. We would therefore request that you schedule this matter with the understanding that any approval would be contingent upon DEC approval. Very truly yours , Abigail A. Wickham AAW:emu 1 gc��FFOL�I® _r SoutholdTown Board of Appeals t- 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 May 1 , 1985 Abigail A . Wickham , Esq . Wickham , Wickham & Bressler , P . C . Main Road , Box 1424 Mattituck , NY 11952 Re : Appeal No . 3348 - Charles P . Simmons Dear Gail : In reviewing the above application , it was noted that comments and/or approvals from the N . Y . S . Department of Environmental Conservation and from the Southold Town Planning Board are pending . In the event that the above are received by our office by May 20th , this matter can be accordingly scheduled and advertised for our early June Regular Meeting . In the interim , a field inspection of the premises will be arranged . Please keep us advised regarding developments with the above agencies . Yours very truly , GERARD P . GOEHRINGER iCHAIRMAN B �� inda Kowalski cc : Building Department Planning Board TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. o2r� DATE March ':...., 1985 TO THE ZONING BOARD OF APPEALS,' TOWN OF SOUTHOLD, N. Y. 1, X ) '..CharUs...P... :Ummons. ...................of ...221. We,st...82nd S keet.,....................... Name of-Appellant. Street and Number New York, . New York 10024 ..................... ........... ..............HEREBY APPEAL TO Municipality. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/23/8,'.FOR: permission to subdivide WHEREBY THE BUILDING INSPECTOR DENIED TO CHARLE S SIMMONS c/o..Ab g4il..Wick a)g......................................... Name of Applicant for permit of Box„1424.. (Main .Road).+.......Mattituck,.............NY 11.�52................. Street and Number Municipality State (X) PERMIT TO IM DIVIDE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD "A" Agricultural 1. LOCATION OF THE PROPERTY .Xl/..S..S.01�z1.d..�,V.eAU�..... �.t�.�1��.�.�...N�.......&... 4� idential Street and Hamlet SCTM#1000/112/01/8 OWNER (S) : PHAWA X . 19=0NS . . . . . ................................................................................. /vlap No. Lot No. DATE PURCHASED: 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.) Articl%I&III, Sections 106-20 & 100-31, reMectively% 3. TYPE OF APPEAL Appeal is made herewith for kX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due- to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection-3 4. PREVIOUS APPEAL A previous appeal (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3' ( X) - A Variance to the Zoning' Ordinance is requested for the reason thaA PPAkcantuld like to divide the property so as to contain two lo"Es having insufficient width under .the zoning ordinance, as shown on the- attached survey. Form ZBl (Continue on other side) i f REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the two lots being subdivided each contain an area well over the 80,000 foot requirement, with upland in excess of 60,000 square feet. To make these lots meet the 175 foot width requirement :aiid also have sufficient buildable area behind"the . bluff setback line; the lots would have to contain an area ,of 3.44 acres each. Applicant .intends to. retain the remainning Sound ,frontage for .his own .home Iand desires as much width as possible in order to insure his privacy. The lots to the Bast of him are very narrow, and, he would -like to make sure he has adequate width to provide a buffer on either side of the residence. i _ 2. The hardship created is UNIQUE and is not.-shared by all properties alike in the immediate vicinity 'of this property'and in this 'use district because the division is necessary to preserve extra width for applicants '-,retained lot. 3. The Variance .would observe the spirit .of the Ordinance, and '.WOULD NOT CHANGE THE aiARACTER OF THE DISTRICT.because many of the Soundfront lots in the area are considerably smaller than any of the proposed lots of the :applicant. WICKHAM, WICKHAM & BRBSSLBR, P.C. Atto fo -7 ca STATE OF NEW YORK ss G': By j COUNTY.OF Signatu're.....'.... SUFFOT�K Abi i1 .A.:_ Wickham Sworn to this .......18th............................. day of......March,...........,........................ 1995 Notary Public ELLEN M.URBANSKI NOTARY PUBLIC,State of New York No.4688534 Qualified in Suffolk County Commimion Expires March 30, 19-9 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of CHARLES P. SIMMONS NOTICE to the Board of Appeals of the Town of Southold TO: Mr. Philip. Birndorf, et. ano. Mr . Robert Entenmann Mr. Peter Lenz Mr. Phillipe Maitre.jean, et. anos . 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) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North. by L. I. So.urid; East. by Lenz. and Ma.itre.jean,. et . anos . ; South by Sound Avenue ;. and West by Birndorf. and En.tenmann. Suffolk Co. Tax Map No. : 10.00/112/01/08 3. That the property which is the subject of.such Petition is located in the following zoning district: "A" Residential & Agricultural. 4. That by such Petition, the undersigned will request the following relief: Permission to divide the property so. as to contain two lots having insufficient width uhder the Zoning Ordinance. — 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Articles I & III, Sections 106-20 .& 100-31, respectively 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. 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 Travel er-Mattituc k 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. WICKHAM, W.ICKHAM &. BRESSLER, P.C. . Dated: March 18, 1985 By MjWl x is am Attorneys for Applicant Post Office Address Main Road - P.O. Box 1424 Mattituck, NY 11952 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. Philip Birndo,rf•;; et. ano. 461 W. 21st St . New' York, NY 10011. Mr. Robert E,n.tenmann c/o G.-Rosenthal & Co. 1 Jericho Plaza Jericho, NY 11753 Mr. Peter Lenz Main Road - Box 29 Peconic , NY 11958 Mr . Phillipe Maitre.jean, Sound Ave . et, al :• . . ".., Box 888, Mattituck," NY: ­11952 1 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) BLLBN .M. .. URBANSKI, ,'residing of (no Oak-Street..'. Mattituck, 'NY 1195`2 , being duly sworn, deposes and says that on'the 20th day of March , 19 85 , deponent mailed a true copy of the Notice set forth on the re.; verse side hereof, directed to each of,the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, N.Y. ;that said Notices were mailed to each of said persons by (certifiedXxegi=ca* mail. (receipts 'attached) LsAk]d I QGk1,PA_kj' ELLEN M. URBANSKI Sworn to before me this 20 th day of March, 19 85 Notary Public FRANKLYN A. FARRIS NOTARY PUBLIC,State of New York No.4742040,Suffoll:Ccun), / Comm. Expires March 30,19 TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes, the project may be significant and a ccupleted Environmental Assessment Form is necessary. (c) If all questions have been answered No, it is likely that this project is not significant. (d) Environmental Assessment: 1. will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . No 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No 3. Will project alter or have a large effect on an existing body of water? . . . No 4. Will project have a potentially large impact on groundwater quality? . . . . . No 5. Will project significantly effect drainage flaw on adjacent sites? . . . . . No 6. Will project affect any threatened or endangered plants or animal species? No 7. Will project result in a major adverse effect on air quality? . . . . . . . . No 8. Will project have a major effect on visual character of the camaanity or scenic views or vistas knuwn to be important to the canrnanity? . . . . . . No 9. Will project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . . . . . . . . . No 10. Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . . . . . . . . . . . . . . . . . . No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? . . . . . . No 13. Will project have any impact on public health or safety? No 14. Will project affect the existing cannunity by directly causing a growth in permanent population of more than 5 percent over a one-year period or have a major negative effect on the character of the ca m- ity or neighborhood? No 15. Is there public controversy concerning the project? . . . . . . . . . . . . No PREPARER'S SIGNATURE: TITLE: Attorney for Applicant march _ 18 1985 REPRESENTING: XLles P . Simmons DATE: Marc-h �g� 1985 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of CHARLES P. SIMMONS Location of Property: n s Sound Avenue, Mattituc _, N.Y. Suffolk Co. Tax Map No. : - - - Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at• least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [>C] May be located within 300 •feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Application pending;. approval expected due to high' elevation. and- 100 .foot set back. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ] • - Sincerely yours, _ •,,,�...�,. ._' / � `. r::���h-tom?-'•.,' , a•t •C�. �•�, a�"••_S�ll•.�_ _�^r`�!' .4_�••r�•_�:r.1 :r.•y,.0��..:�y•s�•.'e...;..�r....� — .•:.�.� �..� y r. ,y. ••`y••=.,.,, :ti •'�!•1}'�:Z•fa�: �• a�tr:' .'.__ �� :�.. a i�q....\..•1:: i.e'�' �.r.f.•4 .-.YS •:,l'^�f:.•:�.. ,�•.r'^'-�='��:'.. —.1.:y�r•..�r .�^►v^ •ZT.'i)�•••.•1 4 4 r �fC��R: 'tlit' � r� — •L+tr•-b:.:Si•r Va_ .... . • ..+••' ,.iaf•1^•• /•.. �S� �., y. �p ♦�.`i.ati^mot. �^.r ,♦ �7:"i•r •::+ •C.i•1�.:• {::.11:-'.r. �� ....._7�. 'r'.•'7.•r y �•%� •t%aw '•^',C ,�-..�1.Ji�t2`'►:I ..1i• ���_.ui+•, i?'?fi••.. J' .aa:', s .ra.�: i. ..}.: r.. at• r%n� i\'_•� ^C;:aw '"+� •yam � �4 �h{..�. �. .rf.,,r' �t:.� .-r=. r .rw'• •�. •�. 1, •+a{.i• ,. r. *i.e'.or•. Wr. v'.:S •,S. �r.Vi_.•;"v/ft'�.filw;.•�!� �_�r:. iv 'r ''j. aa;'` _ ?:•?.,..•,..1..1ra..w i:•;i•;:r.:•iv ,rr - .w i:��`s yw. i�;..���,t•.v��•t.:• t3 i•';^�••'�tll. J^ :r•,,,,• ...'y• .,.y�.!�;Y..^••�� ••r• rN.: .-j•. .i•�ti. .i 1 _.ram`. �j �Y:v. ..1.�3...^.•M :'•;.� `7;•, .i.•r C. .��.•,. •s •:��1'�.^d�•`.i�..'.:���:::'!��w�s�.v„^iw::�•,:r+a'.tf ts�tiS:.�"''.•.` �L::►.i���••^''•'1•+`ri• 'N'••:�.:'r►• i..L'»�=%� 4,q"•.v. •r: -yr.•• �:i.g+� �'�..•:yw L':y.ii�i..:.��. ..^ .. . ..._. .j. ...:.rti t;�•..�. �Y,,..�: .W-+et'_ .. ...t... .a� ..-,�..�. sr^:.yls•'5 �lrny,.s .-L.0•..�-+ems>:• "� Jb LEGAL NOTICE NOT[CE IS HEREBY GIVE~, pursuant to Section 267 of the Town Law and the Cede of the Town of Southold, the following public hearinge will he held by the 8OUTHOLD ~OWg BOARD OF APPEAL8 at the Seuthold Town Hall, ~ Road, Seuthold, NY at a Regular Meet- ing, commencing at 7:30 p.m. on THURSDAY, AUGUST 8, 1985, and as follows: 7:30 p.m. Application of MARK A. SQUIRES, 2405 Vanston Road, Cutehogue, NY for a Variance to the Zoning Or- dinance, Article Iii, Section 100- 30(A)[1] for permission to con- struct inground P°°l on vacant parcel in this A-P~sidential and Ageicultural Zof~ing District known and identified as Lot 356, Map of Section D, Nassau Point Club Properties,' Inc., Map No. 806; East Side of Vanston Road, Cutchogue, NY; County Tax Map District 1000, Section 111, Block 6, Lot 5. 7:35 p.m. Application of GEORGE AND DORIS SUL- LIVAN, 84 Beach Road, Green- port, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permi~ion to construct accessory storage building in the ea~torly sideyard area at premises located on the South Side of Sandy Roach Road, Oreenpert, NY; County Tax Map parcel No. 1000-43-3-6. 7:40 p.m. Application for O~1~O ZAPF, by A. Wickham, E~I., Main Road, Mattituck, NY for a Variance to the Zoning Or- dinance~ Article IH, Section 100. 32 for permission ta construct ac- cessory storage (garage) building in the frontyard area premises Io- catod at the northerly end of pri- vats right, of-way off the North Side of Main Road, Orient, NY; County Tax Mhp Parcel No. 1000-013-2-4. 7:45 p.m. Application of NICHOLAS IPPOLITO, by Gary F. Olden, E~q., Box 706, Cutehogue, NY for a Variance to the Zoning OrdDaance, Article HI, Section 100-31, Bulk an,' P~ ~g Schedule for approval of the trmufficient lot area of two parcels, each with an existing single-family dwelling, located along Carole Road (privatel off the South Side of C.R. 48, South- old, NY; Coun~;y Tax Map No. 1000-52-2-7 and 1.1 (7.2). AC7:50 p.m. Application for HARLES p. SIMMONS, by · Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk and Parking Schedule for approval of insufficient 16t width of two par- ~els in this proposed four-lot divi- ~ion of land (total acreage 57.7 ~cres) located off the North Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1.8. ~]:~e Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- ments may also he submitted prior to the Conclusion of the hearing iff question. (Tel. 765- 1809, or I802). .~ Dated: July 18, ~985. BY ORDER OF THE SOD~I~IOLD TOWN BOARD OF APPEAL~ GERARD p. GOEHRINGER CHAIRMAN 1TA1.4972 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA T,F, TTKAR of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the [ deyof Auqust 19 85 Principal Clerk Sworn to before me thia 1 d~yof August 1 85 ANNM. ~ t~JO~/~Ky PUBLtC, State ot New York NOTICE NOTICE IS HEREBY GIV- EN, pursuant {o Section 267 of the Town Law and the Code of the Town of Southold, the following public llearings will be held by the $OUTHOLD TOWN BOARD OF APPEALS at th~ Southald Town Hall, Main Road, Seuthold, NY at a Regular Meeting, commenc- ing at 7;30 p.m. on THURS- DAY, AUGUST 8, 1985, and as follows: 7:30 p.m. Appli~:ation of MARK A. SQUIRES, 2405 Vanston Road, Cutcl~Ogue, NY for a Variance to the Zoning Ordinance, Article IlL Sectioa~ 100-30(A)[1] for permission to coT!struct ingro~n~d~gool on vacant parcel in this. ~-Resi- dential and Agricultural 'Zon- ing District known and identi- fied as Lot 356, Map of Section D, Nassau Point Club Proper- ties, Inc., Map No. 806; East Side of Vanston Road, Cut- chogue, NY; County Tax Map District 1000, Section 111, Block 6, Lot 5. 7:35 p.m. Applicatioa of GEORGE AND DORIS SUL- L1VA/~., 84 Beach Road, Greenport, NY for a' Variance to the Zoning Ordinance, Ar- ticle RI, Section 100~32 for permission to construct acces- sory storage building in the easterly sideyard: ar~a at pre- mises located on the South Side of Sandy Bea~:h Road, Greenpert, NY; ~County Tax Map Parcel No. 1000-43-3-6. 7:40 p.m. APplication for O1'1'O ZAPF, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage (garage) building in the front- yard area premises located at the northerly end of private right-of-way off the North Side of Main Road, Orient~ NY; County Tax Map Parcel No. 1000-013-2-4. 7:45 p.m. Application of NICHOLAS IPPOLITO, by · Gary F. Olsen, Esq., Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance, Ar- ticle HI, Section 100-31, Bulk and Parking Schedule for ap- proval of th~ insufficient lot area or. two par6els~each with an e'xisti~ sln~e - family dwelling, located along Carole Road (private) Off the South Side of C.R. 48, Southold, NY; County Tax Map No. 1000-52- 2-7 and 1.1 (7.2). ~ 7:50 p.m. Application for CHARLES P. SIMMONS, by t. Wickham, Esq., Box 1424, dattituck, NY for a Variance o the Zoning Ordinance, Ar- ticle III, Section 100-31, Bulk and Parking Schedule for ap- proval of insufficient lot width of two parcels in this proposed four-lot division of land (total acreage 57.7 acres) located off the North Side of Sound Av- enue, Mattituck, NY; County Tax Map Parcel No. 1000-112- The Board of Appeals will hear at said time and place all P~a~d~siring to be heard in ~ of the above matters. Written comments may also be submitted prior to the conclu- sion of the hearing in question. (tel. 765-1809, or 1802). Dated: July 18, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN IT-8/1/85(5) COUNTY OF SUFFOLK 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 /':'?~ ~" ':' :~" '7' ...... ,19 ..... Sworn to before me this .......... .~ ......... day of Notary Public BARBARA FORBES Notary Public, State of New York No, 480~846 Qualified in Suffolk County Commission Expires March 30, 19 ~Z-