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3305
_ � C _ -_moo .[' .. n ti ,'kp 6 -6 _— L`-t— — c f} - -- ��g�FFO(k�o�a Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3305 Application Dated November 8 , 1984 TO: Richard J . Cron , Esq . as Attorney [Appellant (s) ] for MR . AND MRS . ROBERT G . NORKUS Main Road , Box 953 Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on March 7 , 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 [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of ROBERT AND 'ALDONA NORKUS , by Richard J . Cron , Esq . , Main Road , Cutchogue , NY fora Variance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient width of four proposed parcels located off Orchard Lane , approximately 450 feet easterly from Cedar Beach Road , Southold , NY ; consisting of Cedar Beach Park Subdivi - sion Lots 35 , 36 , 37 , 38 , 47 , 48 , and part of 49 ; District 1000 , Section 89 , Block 3 , Lots 8 . 1 , 9 , 10 , 11 . 1 , 6 , and 4 . WHEREAS , a public hearing was held and concluded on March 7 , 1985 , in the Matter of ROBERT G . AND ALDONA NORKUS under Appeal No . 3305 , dur- ing which time testimony was received in behalf of this application , and there was no opposition ; WHEREAS , the board members have personally viewed and are familiar with the premises in question and its surrounding area ; and WHEREAS , the board made the following findings of fact : 1 . The property in question is located in an "A" Residential and Agricultural Zoning District and contains a total area of 4. 4 acres , located 451 . 63 feet easterly from Cedar Beach Drive , and off Orchard Lane , along a private right-of-way extending southeasterly 155. 08 feet , thence southwesterly 270 . 11 feet , as shown on survey prepared by Roderick VanTuyl , P . C . as amended August 8 , 1984 ; 2 . The property in question is known to be Lots 35 , 36 , 37 , 38 , 47 , 48 , and part of 49 of the 1927 Subdivision Map of "Cedar Beach Park " , and is more particularly identified as District 1000 , Section 89 , Block 3 , Lots 8 . 1 , . 9 , 10 , 11 . 1 , 6 , and 4 . 3 . Certificates of Occupancy have been issued by the Building Departments as follows : (a ) Lot 35 , No . Z10963 , (b ) Lot 36 , No . 10962 , (c ) Lots 37-38 , No . Z10961 , (d ) Lot 47 , No . Z10965 , (e ) . Lot 48 , No . 210964 ; 4 . On June 1 , 1983 , recommendation was made by the Planning (CONTINUED ON PAGE TWO) DATED: March 11 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3305 Matter of ROBERT G . AND ALDONA NORKUS Decision . Rendered March 7 , 1985 Board to the Town Board to include this proposal for exemption from the two-acre zoning requirements effective May 20 , 1983 by Local Law #7-1983 . 5. On March 13 , 1984 , the Town Board granted relief from the bulk requirements as provided in Local Law #11 -1983 , as to lot area , as in effect prior to May 20 , 1983 . 6 . On April 2 , 1984 , the Southold Town Planning Board reviewed and approved the sketch map of the applicants ; 7 . On September 7 , 1984 , the Building Department issued a Notice of Disapproval for the subject division of land since action is required by this board under Article III , Section 100-31 ; 8 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code in effect prior to May 20 , 1983 required a minimum lot width of 150 feet . 9 . The applicants are requesting a lot width of 100 feet for each of the four proposed parcels : Parcel "A" which is shown with an area of 48 ,000 sq . ft . , Parcel " B" an area of 44 ,000 sq . ft . , Parcel " C" an area of 45 ,000 sq . ft . , and Parcel "D" of 54 ,000 sq . ft . In considering this appeal , the board determines : (a ) that the relief requested is not substantial , being one-third of the requirements ( in effect May 20 , 1983 ) , _ ( b) there will be no effect on population density thereby not effecting available governmental facilities , (c ) there will be no substantial change in the char- acter of the neighborhood or a substantial detriment to adjoining properties since there are lots of similar character in the immediate vicinity , (d ) that the circumstances of this appeal are unique , (e ) that there is no other method feasible to rearrange to lot lines to try and meet the lot width requirements other than a variance , (e ) that in view of the manner in which the difficulty arose , justice will be served by allowing the variance applied , as noted below . NOW , THEREFORE , on motion by Mr . Sawicki , seconded by Mr . Grigonis , it was RESOLVED , that the relief as requested under Appeal No . 3305 for 100-foot lot width for each of the four proposed parcels as shown on survey amended August 8 , 1984 for ROBERT G . AND ALDONA NORKUS , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There be no further lot area reductions for any parcel (or lot line changes , redivisions ) ; 2 . All new construction must comply with all requirements of the zoning code applicable to 40 ,000 sq . ft . parcels (A-40 ) ; 3 . All new construction must comply with Chapter 46 , " Flood Management Law" (the minimum lowest floor elevations above mean sea level ) . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass and Sawicki . Member Goehringer abstained . This resolution was adopted by majority vote of the members . 1 KECEIVED AND FILM BY u� THE SOUTHOLD TOI ld CL' >> CHARLES GRIOG IIS , JR. DATE 3f7&/i�5_ HOUR 4: Chairman Pro Tem w Clerk, Town 0-12soutliou- F. 1 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 , MARCH 7 , 1985 ; and as follows : 7 : 30 .p .m. Application of '.D.OUGLAS A : COOPER , P .O . Box 16 , Mattituck , 'NY for a Variance to the Zoning Ordinance , 'Article III , Section 100-30 (A ) for permission to construct pole barn/stable Accessory to keeping of. ;horses.-on..this 2 . 4± acre parcel located on a::private right-of-way extending from the north side of Bergen Avenue , Mattituck , 'NY ; Distric.t -1000 , Section 105 , Block 01 , Lot 002 . 2 . 7 : 35 p .m. Application of JOSEPH 'J : 'LIZEWSKI , 29205 Main Road , Cutchogue , 'NY for a Special Exception to the Zoning 'Ordinance, Article VI , Section 100-60 (B) [l ] (a ) ; and Article III, Section 100-30(B)[6] for permission to establish recreational use (private racquetball membership club ) at premises located on the north side of Main Road and east side of Depot Lane , Cutchogue , NY; District 1000 , Section 102 , Block 02 , Lot 12 . 1 (B-Light Business Zone ) . 7 :40 p .m. Application of ALICE D..' CURRIE, 68 West Fenimore Street , Valley Stream , NY 11580 , for a * Variance 'to the Zoning Ordinance , Article III , Section 100-31 to re-define and change lot lines of three parcels which contain insufficient area , depth.'.and width , located on the North Side of Soundview Avenue , Southold , NY ; District 1000 , Section 059 , Block 06 , Lots 18-19 . 7 : 45 p .m. Application of ANDREAS PALIOURAS , 37-17 20th Road , Astoria , NY - 11105 , for a - Variance to the Zoning Ordinance , Article XI , Section 100-118 (D) for permission to reinstate and restore dwelling structure to its original condition as a one-family residence located at 32570 -C . R. 48 , Peconic , 'NY ; District 1000 , Section 74 , Block 04 , Lot 009 . 7 : 50 p .m. Application of WILMA MEEHAN AND 'MARY LEONARDI , 'by tn. Paul Caminiti , Esq . , Main Road , Southold , 'NY for a -Variance to the Zoning Ordinance , Article III , Section 100-31 for approval c of two lots in this proposed re-division of land containing insufficient area , width and depth , located at Reydon Drive , �` �� J >; Page 2 - Legal Notice Public Hearings of March 7 , 1985 Southold Town Board of Appeals Southold , NY ; Reydon Shores Subdivision Lots 29 through 35 ; District 1000 , 'Section 80 , Block 02 , Lot 015 . 7 : 55 p .m. Application of 'ROBERT AND 'ALDONA 'NORKUS, by Richard J . Cron , *Esq . ; Main Road, Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient width of four proposed parcels located off Or-chard Lane , approximately 450 feet easterly from Cedar Beach Road , Southold , NY ; consisting of Cedar - Beach Park Subdivision Lots 35 , 36 ; 37 , . 38 , 47 , 48 , and part of 49 ; District 1000 , Section 89.;.. Block' 3 , Lots 8 . 1 , 9 , , 10 , 11 . 1 , 6 , and 4 . 8 : 05 p .m*. Application of JOHN 'AND 'FRANCES 'DiVELLO , by Wickham , Wickham & -Bressler , P . C . , Main -Road , Mattituck , NY for Variances : . (a ) to New York -Town Law , Section 280-A for approval of access over a pri-vate right-of-way known as "Meday Avenue , " and (b ) . to the Zoning Ordi.nance , -Article III , Section 100-31 and Bulk Schedule , for approval of insufficient area and depth . of parcels :in _this'; proposed subdivision . Location of Property : Meday Avenue and Westphalia..' Road , Matti-tuck , NY ; 1921, Subdivision of "William B . Codl-ing" Lots 1 to 7 , inclusi-ve ; District 1000 , Section 11-3 , ,-Block 9 , Lots 8 and 15 , containi'ng 4 . 3.8± acres . The Board of Appeals will at said time and place hear all persons having interests and concerns of the above matters . Written objections may also be submitted prior to the conclusion of - t•hat..hear.i ng . Dated : February 26 , 1985 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER CHAIRMAN By Linda F . Kowalski , Secretary ( 5.16 ) 76571809 (41t. 1802 ) --------------------------------------------------------'-------------x Instructions to Newspapers : Please publish THURSDAY ; FEBRUARY 28 ; '1'985 and forward 7 affidavits of publication on or-. before ' March ..5th to Board of Appeals , Main Road , Southold , NY 11971 . NQ^1 ----------------------------------------------------------------------x 1 _ C. C O ''d FORM NO.3 TOWN OF SOU THOL D BUILDING DEPARTMENT EN T TOWN CLERK'S OFFICE SOUTH OLD,N.Y. ( NOTICE OF DISAPPROVAL i File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . ^^ . . . . . . . . . . . To .-. . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . , . . : . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application doted . . . s�-�t�.c';:'�•�?:�.� .�. . . . . . . ., 19 .� � . forpermit to =zzW . . : 114-k.:. .a•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Locationof Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii . . . . ous�No. Stre t a Momlet County Tax Map No. 1000 Sections . . . . . . . . Block . . . . . . . . . . . . 'L,ot Subdivision . . . . . . . . . . . . . . . . . Filled Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .V?-��� . �. . . n��. . . . Ij �:"':eY`''L .: .�T��`.�'.'�.�`. :�.���.�.�'.'�t�.,: .�`�":"�:. �'� �C!'�r��t�v;E:Q. . ��`���!-fir . .�:�.x!�tl�•!1� . Building Inspector RV 1/80 f �> TOWN OF SOUTHOLD, NEW YORK- APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ROBERT G.NORKUS and 1, (We) ALDONA NORKUS of Nassau Point Road .................................................. ......................................................... Name of Appellant Street and Number Cutchogue New York.....HEREBY APPEAL TO ............................................................................................. ..... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/7/8 4 FOR: A permit. to. subdivide. WHEREBY THE BUILDING INSPECTOR DENIED TO ROBERT G. NORKUS and ALDONA. NORKUS ....... .......... .................. Name af Applicant for permit of (no #) Nassau Point Rd. , Cutchogue, NY 11935 ......................................................................... ................................................... Street and Number Municipality State ( ) PERMIT TO DIVIDE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD r y from 1. LOCATION OF THE PROPERTY .CedarrBeache>!2d,; ,Pat Bayview,.. Southold Street and Hamlet Zone-A-Res/Agr ROBERT G. NORKUS and OWNER(S) : ALV.0j 4.NORK.US. . . . . . . . . . . . . Map No. Lot No. 1971 - .19 7 4 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.) Article III , Section 10 0-31. 1 3. TYPE OF APPEAL Appeal is made herewith for ( 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 )MiX(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 andwas 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 that we would like to proceed with the ' finalization of a minor subdivision plan with the Planning Board, pursuant to relief granted from the Bulk requirements of the Zoning Ordinance, as provided in Local Law No. 11. 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 in the absence of the . relief requested herein it would be impossible to finalize the minor subdivision plan upon which- the- Town Board granted relief to the applicants under Local Law No. 11. The. practical diffi- culty arises from the fact that, the plot (for which subdivision approval was granted) does not consist of sufficient width to allow each building parcel to conform to the minimum lot width per dwelling requirement when divided into four (4) separate lots, each with one permissible dwelling. A copy of the Peti- tion and exhibits submitted to the Town Board for relief under Local Law No. 11 is annexed hereto, the purpose of which is to _inform the Board of the facts and the rationale in the approval of the proposed subdivision tacitly by the Town Board and expressly by the Planning Board in granting sketch plan approval. 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' In light of the fact that this application is for an area variance, it is unnecessary for the . applicants to establish a condition unique .and peculiar to their property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE-DISTRICT because the applicants seek only' an area variance and not a use variance. STATE OF NEW YORK � ) .. ... ...... .. ..... ............................ COUNTY OF SUFFOLK ) ROBERT G NORM'' ture 24th day of. October 19 84 . Sworn to this ................... ................ ........................... .........�- ., ...... Notary Public EDNA M. HOUSTON goTARY PUBLIC, State of New Yort No. 5ZA634478 Qualified in Sullolk County cA �ummiwoo Expires March 30, 19E� ® . 4 TOWN OF SOUTH OLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. FORMER OWNER N E ACR: S W TYPE OF BUILDING RES. SEAS. L. �I FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS U/ 1 /1,7 f! 57- SQ4e- / 21174e � .0,p e) �.� b�Y�'�€34 a�393 -�G ,rs_,✓ il�l�$c�y� -� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ` © fr f House Plot DEPTH l 'Q 4f BULKHEAD Tota I DOCK i ' TOWN OF SOUTHOLD PROPERTY RECORD CARS OWNER STREET VILLAGE DIST. SUB. LOT G: / �+���t�'.5 �� �'��- 47 FORMER OWNER N E ACR. zJU k-4— S W TYPE OF BUILDING RES. SEAS. VL I FARM COMM. CB. MISC. Mkt. Value LAND IMP. ' TOTAL DATE REMARKS >r,-•' 5• � C-� /� ��%� y L_ ( �CJ� 3E3� -54-+i �- " 1 •� - r��. -�' %-�-�r�,.:a.;:- ka�•.� �--*. -aid ��t�;-�r°.�� 1.;, i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 j Tillable 3 Woodland Swampland FRONTAGE ON WATER I Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.I SUB. LOT 3 ,f FORMER OWNER _ N E ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM ICOMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 174 fir' 7� .s' �;7 2- 4/ A? L 7 56 t:ns..,J. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK .' ' . TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT,37-3 +.A c 0h, "r 1�'� Alt 4le4° .Z�.F FORMER OWNER N E ACR. 4 $ W TYPE OF BUILDING RES. SEAS. VL. �/3- FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 4,12 3 7 3 2 7 // ° J` d 7/P ! =f,��r'1 D L j 6ey-Te-,, &`9! 1 , S:�Y S J AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER G a� Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK NOTE: TH{s sEcrrOti 'or OP-CHARD LANE � { ! "" �_ "BREEZY 6 PATH.-20 W I De S.62 07 2Q E — --20S 0 02CHACZD LANE k �� i`E A A = t n 2� I.6� o° ' 1. a' Ate, 4��o s t�J ryy��;' N NJ o- AREA Uri 4A pr 1 p = ,c.LFA.2 VIEW fZOADr%) 4` � S,F, o< 11 ! / N. — -_ �i ,Z0 N 62°07 oX� / '20°�v,1 Lil A,2.Eq ctl ;:47} f ! iFir `W ICb.06 j{ Soo,I Lij AP_EA01 ! t J i 2.✓G , � ` _ t r_ r'I L . __' f Y 1. } s S. to 3a 5.-r 19.31 L:I4 f`'Ic N i -lfZ -1T W:6E�"52 20 w. Q2�� �0. o _r-l-E Zrr� : ..A lY4. 4��Q cat a ry, _! t. Q - `.l. HOR f a ti APPMOR r �... / i '"i �� a Y, zt ttir'iN C•T to ! _"> ,_' , N Q7 2p -22ao ,_..... s 0 s1 _ ti ttj Rw; a� ohiLoj t0 { '• /- RECEIVED tB toY y-- . ✓ -e 51 toSAP-41. SUUjHUID 'hill g51.63 g C# w _. 9WWA4�T r''- FA(ZINHLO ¢ Y' �;.r. t ` .;at.(. i - S� r Ll {,t i\470 iJ, .'- ,' r I- �,. �'}EA!-, ..�f~�,Mi.c Y _i..a .I� - - ,1E90En APV,. 6, 198i 2.1 �tv. . �E._f ,�t� c0' F }A. OF` _ C.ri�t�'�: .1� --- ----- l;Ji 2"AR -FILE`i.%�_'ri T�jr;- t-1jv� -- -�-- Cc is _ - -��-� -P:��i=I" �l�r f`�f�.�` ��QCam. H tir I t� f�',� TOWN f .J {.'�\ +"{.''.. i u �'! -''"_'�r� S ` �'t. A,x t i�, i.l..r� P•L. .+.JC��J �1,,. Jr '.. -z;;;y - e� , __ - = - - — --- --- --- -- -- - ►_._ - PACE C L 5_ -6.1 9 mil. NO LOT TO S= PUtZTkE-:(Z 5U� �DiVtDEs�- }10111.1 `�` --`-- - --- - - 5. P CMl- -- TONED A. -2E`_ . �AGf .; # b_ WATCr' 5_UPIDI Y 4 5EWAC•�E - D15PQsAL SY�Tf�MS i i:; s _ -;� ,k. c:w- - -- :c--=t_� _.��, ryv TOrliE-E=_T �tJFF C-0. {EAE=T �N_[��1�T. �aPEG� Legal Notice of Hearings Regular Meeting of March 7 , 1985 Southold Town Board of Appeals Copies have been furnished to the following 2/26/85 : Mr . and Mrs . Douglas A. Cooper , Box 16 , Mattituck 11952 Dr . and Mrs . Joseph J . Lizewski , Box 200C, Depot La , Cutchogue 11935 Mrs . Alice D . Currie , 68 West Fenimore St , Valley Stream 11580 Mr . Andreas Paliouras , 37-17 20th Road , Astoria , NY 11105 Mr . George Kokkinos , Box 229 , Peconic , NY 11958 Paul A. Caminiti , Esq . , Box 992 , Southold - for 'MEEHAN 'AND LEONARDI Richard J . Cron , Esq . , Main Rd , Cutchogue - for ROBERT '& 'ALDONA NORKUS Abigail A. Wickham , Esq . , Box 1424 , Mattituck - for JOHN 'DiVELL0 Mr . and Mrs . John C. DiVello , Box' 1402 , Mattituck 11952 Town Clerk Bulletin Board Board of Appeals Bulletin Board (Office ) Building Inspectors .L'essard and Hind.ermann Supervisor and Town Board Individual ZBA files - Suffolk Times hand delivered 2/26/85 12 : 15 p .m. L . I . Traveler Southold Town Board c Appeals -30 February 1985 Regular Meeting ( Environmental Declarations , continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3306 . . PROJECT NAME: 'ROBERT 'AND 'ALDONE NORKUS 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 `uf 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. 0 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: Four proposed parcels having insuffi - cient lot width . LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Orchard Lane , 'of.f .Cedar Beach Road , Southold . 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 project is not directly related to new .construction ; (3) Relief as to the bulk zoning area requirements was granted on March 13 , .. 1984 by the Southold Town Board; (4 ) A permit under Article 25 of. the Environmental Conservation Law has been issued by the N . Y. S . Dept . of Environmental Conservation for the division of land as proposed under Permit No , 1.6-84--0958 . Town Hall, 53095 Main Road �® ®� P.O. Box 728 ®1 �� 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 November 8 , 1984 To : Southold Town Zoning Board of Appeal From: Judith T. Terry Transmitted herewith is Zoning Appeal No. 3305 Application of Robert G. and Aldona Norkus for a variance . Also included is • Notification to Adjacent Property 'Owners; . Short Environemntal Assessment Form; Iettb± relative to N.X .S . Tidal Wetlands Land- . Use; Notice of Disapproval from the Building Department ; copy of Petition to the Town Board; and past and recent surveys . Judith T. Terry Southold Town Clerk i P D rGn�" ,ram TO, Sf ;�J rI D Ln V 1 a Southold, N.Y. 11971 .(516) 765-1938 April 3 , 1984 Mr. Robert Norkus Nassau Point Road Cutchogue, NY 11935 Re: Minor Subdivision Located at Bayview Southold Dear Mr. Norkus: The following action was taken at the regular meeting of the Southold Town Planning Board at April 2 , 1984-. RESOLVED that the Southold Town Planning Board approve the sketch map of Robert and Aldona Norkus located .at Bayview, dated February 18 , 1983 . RESOLVED that the Southold Town .Planning Board declare itself lead agency with regard to the- State Environmental Quality Review Act. An .initial determination of non-significance has been made.. Please forward six (6) copies of the final map, see list of requirements enclosed, for our referrals to the necessary State and County agencies . Please also forward the application fee of $25 per 'lot or $50 minimum. If you have any questions , please contact this office. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN S UTHOLD TO PLANNING BOA D W By Die M. ctze, SAcretary enc. S��2 Town Hall, 53095 Main Road P.O. Box 728 lei Southold, New York 1.1971 JUDITH T.TERRY ��. TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 15; 1984; Mr. Henry E. Raynor, Jr.,, Chairman Southold Town Planning Board Southold Town Hall Southold, New York .1.1.971 Dear Henry : The Southold Town Board at a regular meeting held on March 13, .1984: adopted the following resolution relative to the Robert G. Norkus and Aldona Norkus Relief Petition: WHEREAS, Robert G. Norkus and Aldona Norkus, by petition dated November 23, ,1983', applied to the Southold Town Board for relief from the Bulk 'requirements of the Zoning Code on certain'property situate off ,Orchard Lane, approximately 450 feet easterly from Cedar Beach Road, at Bayview, Southold, New York,. and WHEREAS, said'petition was referred to the Southold Town Planning Board and Suffolk 'County Department of Planning for their 'recommendations, and WHEREAS, a public 'hearing was held by.the Southold Town Board on said' petition on the 14th day of February, :19841, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Robert G. Norkus and Aldona. Norkus be and ,they hereby are GRANTED relief from the Bulk requirements of the Zoning Code as provided in Local Law. No. 11 - 1983:1 on the aforesaid property at Bayview, Southold, all in accordance with their 'petition, and it 'is further RESOLVED that the premises described in said'petition shall be subject to the Bulk -requirements -of the Southold Town Zoning Code '_in'effect prior to ,,May 20,' :1983., Very truly yours, Judith T.. Terry Southold Town Clerk cc: R.. 8 'A. Norkus Richard J. . Cron, Esq,, M � SEP 25 19,1 : Bennet Orlowski, Jr., Chairman REPORT NO. 393 Southold Town Planning Board FROM: John W. Davis DATE: September 22, 1984 RE: ROBERT AND ALDONA NORKUS - MINOR SUBDIVISION AT BAYVIEw: ACCESS ROAD FROM ORCHARD LANE ZO LOTS. MAP DATED AMENDED JUNE 6, 1984 COMMENTS: thre e is no existing road within the 25 ft. width R.O.W. as shown on the map. 1he R.O.W. is wooded in part. When this access road is constructed some consideration should be given to the intersect it makes with Orchard Lane. If the present road in Orchard Lane is centered in its 50 f t. R.O.W., it will make a difficult turn into the 25 ft. R.O.W. Recommendations for access to lots B., C & D: 1. Clear the R.O.W. where necessary. Remove stumps, topsoil and leaf mould. If topsoil is more than 2 f t. in depth, remove for 1 f t. only. 2. Road width to be 14 f t. 3. Replace excavation for topsoil, stump removal, etc. with a good grade of compacted clean fill. 4. - Place a compacted 6" course of !bankrun sand and gravel or equal on the replacement materials 5. Place a compacted 211 top course cf 3/811 stone blend or. equal. 6. Contours and field inspection indicate fairly level existing ground,and I do not fore- see any drainage problems. 7. Zhe owners should have Van TUyl submit a road profile that should be a little higher than the existing ground. E �1 ' JOHN W. DAVIS n %7 1 Nei York State Department of Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 Henry G,Williams Commissioner January 29, 1985 Mr. Robert G. Norkus P.O. Box 1196 Southold, NY 11971 RE: 10-84-0958 Dear Mr. Norkus: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Unit, NYS Department of Environmental Conservation, SUNY, Bldg. 40, Stony Brook, New York. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather. Very truly your Charles T. Hamilton Alternate Regional Permit Administrator CTH:co's Enclosures I PERMIT NO. NEW STATE. DEPARTMENT OF ENVIRONMENTAL CONSEF ON 10-84-0958 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ® ARTICLE 15, (Protection of Water) xn ARTICLE 25, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) l�J9 ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Robert G. Norkus ADDRESS OF PERMITTF.E P.O. Box 1196, Southold, NY 11971 LOCATION OF PROJECT(Section of stream, tidal wetland,dam, huilding) Cedar Beach Harbor at easterly end of Orchard Lane, Bayview DESCRIPTION OF PROJECT Subdivide a 4.38 acre parcel into 4 lots each exceeding 40,000 square feet-in accordance with site plan on survey by R. Van Tuyl with latest revised date of 8/8/84. Any construction and/ol alteration to topography will need additional application and approval prior to commencement COMMUNITY NAME(City,Town, Village) TOWN Bayview Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk March 31, 1987 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional B. That the State of New York shall in no case be liable for any damag 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 ( hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation c promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right I 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 authorize 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 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintaine ce ted expressly, b the execution of the application, the full legal res on- by and at the expense of the owner. P P Y� Y PP g� P 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 accoi 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 Stale 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 righ to reconsider this approval at any time and after due notice and hearing t 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 t 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, th, 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, th, 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 suci 5. An material to be deposited or dumped under this time and manner as the Department of Environmental Conservation may require Y P p permit, either in remove all or any portion of the uncompleted structure or fill and restore th, 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 Ne% ,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 an- right to trespass upon the lands or interfere with the riparian rights of other! 6. There shall'be no unreasonable interference with navigation by [lie 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 , 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 permiltee is respogsible 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 thi! 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 basi ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law am 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 Fiooi of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will bi 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 15. By acceptance of this permit the permittee agrees that the permi as the Department of Environmental Conservation may require, remove all or is contingent upon strict compliance with the special conditions on th( any portion of the uncompleted structure or fill and restore to its former 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, 95-20 4(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 1 J \ of work. SEE ATTACHED CONDITIONS A - J j j 1 Alternate . PERMIT ISSUE DATE PERMIT ADMINISTRATOR ADDRESS Bldg. 40, SUNY--Room 219 January 29, 1985 Charles T. Hamilton ! • f/ Stony Brook, NY 11794 SUPPLEMENTARY SPECIAL CONDITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Iegulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and approved project plans and supplement- ary 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 approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. D. At least 40 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt foru,`Zcertifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall. submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submiss- ion 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, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. II. 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 required from the U.S. Department of Army Corps of Engineers, New York District, 26 Federal Plaza, New York NY 10007, (Attention Regulatory Functions Branch) , prior to commencing work authorized herein. J. The granting of this permit does not relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire. State Plaza, Albany, IIY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator VYS%Department of .Environmental Cons. - Bldg. 40, SUIIY--Room 219 Stony Brook, 14Y 11794 (516) 751-7900 10-84-0958 DEC # New York State Department of Environmental Conservation NO ICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Alternate Regional Permit Administrator Charles T. Hamilton Permit No. 10-84-0958 - Expiration Date March 31, 1987 95-20-1 (11/82) NOTE: This notice is not a permit MYSDEC, Pegional Permit Mministrator Bldg. 40, SU£'Y---roon 219 Stony crook, VY 11794 RE: Permit TTo. Issued to (Agent) Dear Sir: Pursuant tef General Condition Plumber 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on Thia notice is to be sent at least two days in advance of comencenent of the project. The permit sign will be posted at the site and copy of permit will be available at site for inspection. Submitted by Failure to notify or post sign will leave oimer and/or contractor subject to applicable penalties for non-compliance with permit conditions. ------_--------------------------------------------_.._---------------.----------- INSDEC, Regional Permit Administrator Bldg. 40, SUFY•---loom 219 Stony Brook, NY 11794 RE. Per nit No. Issued to (Agent) Dear Sir: Pu.rsuant'��to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized act;,tvity was completed on Submitted by (This notice is to be sent to above address promptly upon completion of prefect). Failure to notify 1411 leave owner and/or contractor subject.;to applicable penalties for no,'-compliance with permit conditions. E 7,F d, 1� • Ur o LP) Southold Town Boar of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGFi, CHAIRMAN CHARLES GRIGONIS, J ; SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 17 , 1984 Richard J . Cron , Esq . Main Road Cutchogue , NY 11935 Re : Appeal No. '3305 - Robert G. and Aldona. Norkus Dear Mr . Cron : This letter will confirm that the following action was taken by the Board of Appeals at its Regular Meeting of November 15th -concerning,,. -thi.s' matter : RESOLVED, that Appeal . No . . 3305 , application for ROBE.RT "G . and ALDONE NORKUS for .a.n ,area variance ..i n this propose3�� division of . an . located.. at . Cedar . Beach . Har. bor. ,._bff.. Orchar. d Lane , Southo.] d , ' New York;. "BE 'AND 'HEREBY IS 'TEMPOR'ARILY HELD IN ABEYANCE pendingreceipt '.of .commen_t$ or approval ..from the N. Y. S . Department of .Envi:ronmental Conservation in- accordance with Part... 661 ' of th-e Tidai Wetlands' Land, Use Regulations . This resolution was adopted 'by unanimous vote of a.11 the members . Please keep us advised accordingly. Yours very truly, GERARD 'P. 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'-:� .S' i" q r;, r I'"�AP ._.4 1:.. �.,�r'�le' -ra•f,._:-�C_�i`l ��:•.�C'. '� - DEV APR,.•6, "t98 1 < L ? . I rf _ - . . _ .... --_-">" ,. �I. �•. _ n =r�. I .I ID INt i'!�f .- 4 :�~ ApQ.�..'�, .� �-U y�:T'!�j- I^I 1 I�L�_'.t`,} {r D f; _ �n a-... '� ._ .~.L.;�.._:.t . .. �� I .� ,..�'. . .._.__ 'J _lU.���. I ,.'�R:ir�'=} �.�r��� !.) , C.::,�I_,Gi ' •j�� .i'r, -- Y,�,li (NO}_L(OT "l0 BF_-- I t�J-Yyl .�-i� PAiZ.C .I.S .I, �I 11.6 I YE 'A' - TZn �� - _s_C,L, 1' '` ,�.�.... _--.- ._-__ `— 1 --_— '(�. t•�� IMF.'_C ^y-L,r 1'�9"�t:��Y— ..� YV I'1"7! �t I r r i!'11 E ..J7C_a i.'L-3 - __ .4G. #'���,D t`t.a, �� E'`�''7i C:�k'F=Ft�rt'; h`i C-1•:' --- .... _ _ __- _ _ - _ .... - - _ ®��FFOI �®G _ oals Southold Town Board of AppL MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARL.ES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 12 , 1985 Richard J . Cron , Esq . Main Road , Box 953 Cutchogue , NY 11935 Re : Appeal No . 3305 - Robert G. and Aldona Norkus Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of . the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure' By Linda F. Kowalski Copy of �ecision to Secretary Building Department Planning Board' Mr . Mark McDonald Mr. and Mrs . Robert Norkus TOWN OF SOUT.HOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL 'NO. `��` DATE ... ........................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ROBERT G.NORKUS and 1, (We) ALDONA. NORKUS Nassau Point Road ,. .... . .....................of ..... . ......... .......... ....... . ................... . . .. ..... . . .. ..... ...... Name of Appellant Street and Number Cutchogue New York....:HEREBY APPEAL TO ............................... .. ................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/7/8 4 FOR: A permit to. subdivide. WHEREBY THE BUILDING INSPECTOR DENIED TO ROBERT G. NORKUS and ALDONA NORKUS ..................................................................... Name of Applicant for permit of (no #) Nassau Point Rd. , Cutchogue, NY 11935 .......................................................I..............I................. Street and Number Municipality State ( ) PERMIT TO XU DIVIDE ( ) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD rc ar Lane approxia e y easterly from 1. LOCATION OF THE PROPERTY .Cedar Beach„ d. , at Bayview1 Southold .. ..... Street and Hamlet Zone-A-Res/Agr. ROBERT G. NORKUS and OWNER(S) . ALPQ1J4.INQ:RKiJS. . . . . . . . . . . . . Map No. Lot Na. 1971 - 1974 rT 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.) Article III , Section 10 0-31.1 3. TYPE OF APPEAL Appeal is made herewith for ( 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 XW(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 that we would like to proceed with- the finalization of a ,minor subdivision plan with the Planning Board, pursuant to relief granted from the Bulk requirements of the Zoning Ordinance, as provided in Local Law No. 11. Form zBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because in the absence of the relief requested herein it would be impossible to finalize the minor subdivision plan upon which the Town Board granted relief to the applicants under Local Law No. 11. The practical diffi- culty arises from the fact that, the plot (for which subdivision approval was granted) does not -consist -of sufficient width to allow 'each 'building parcel to conform to the minimum lot width per dwelling requirement when divided into four (4) ' separate lots, each with one permissible dwelling. A copy of the Peti- tion and exhibits submitted to the Town Board for relief under Local Law No. 11 is annex.ed . hereto, the purpose of which is to inform the Board of the,. facts and the rationale `in 'the approval of the proposed subdivision tacitly by the Town Board and expressly by the Planning Board in granting sketch plan approval. 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 In light of the fact that this application is for an area variance, it is unnecessary for the . applicants to establish a condition unique. .and peculiar to their property. 3. The Variance would observe the spirit of the Ordinance and WOULD `NOT CHANGE THE CHARACTER`OF THE DISTRICT because `the applicants seek only an area variance and not a use variance. STATE OF NEW YORK ) .. .... �?.. ..�. U. ........ .. ss ... . ...... . COUNTY OF SUFFOLK ) ROBERT G MA ture Sworn to this ......24th............................... day of..................October...................... 19 84 . ..........s�. . . . .... ... . ..:.... Notary Public EDNA M. HOUSTo N lOTAftY PUBLIC, State of New Port No. 52-4634478 Qualified In Suffolk County �r gommission Expires March 30, l9A( f. ;r BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the;Petition of ROBERT G.NORKUS and ALDONA NORKUS 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 (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Orchard Lane, approximately 450 ' easterly from Cedar Beach Road, at Bayview, Southold, New York. 3. That the property which is the subject of such Petition is located in the following zoning district: A—Residential/Agriculture p 4. That by such Petition, the undersigned will request the following relief: Variance for insufficient lot width with respect to proposed minor subdivision. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31. 1 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) 7�5-1809. 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, newspapbrs.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: November -5 1984. Petitioner RICfIARD .J. .CRQ1q Attorney for Post Office Address Main Road — P.O. Box 953 Cutchogue, New York 11935 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. Victor Farinha, Jr. 67 Huntington Lane Flanders, Riverhead, NY 11901 Mr. John C.W. Campbell Main Road Southold, NY 11971 Mr. ..Lawrence P. Brannigan Box 1231 Southold, NY 11971 Mr.& Mrs.. Robert D'.Urso 11 Bedford Avenue Rockville Centre, NY 11570 Ms.Anne Marie Woelker 2 Rambler. Road Jamaica Plain, Mass. 02130 a STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) Edna M. Houston residing at Aquebogue, NY being duly sworn,deposes and says that on the 5th day of November, 119 84 , 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 Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified)4,i K*Y44maiI. Edna M. Houston Sworn to before me this 5th day r0fovember 119 84i Notary Public JANE FLATLEY NOTARY PUBLIC,Stote of New York No. 52-4665418, Suffolk County 6 Cgmmissiora Expires March 308 19 The �d . Y , S . Ejiv i ronmental Quality Review Pet re(Iliire5 su!)- mission of this arm, and an .environnenLal 'view will be made by this boar-d before any action is taK-L-1I . SHORT ENVIRONMENTAL ASSESSMENT FMIA INSTPUCT'_CNSs (a) In order to answer the questions in this short EAF is is assured that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studiee, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Enviro"nental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is nc. significant. ' (d) Envircrmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . Yes X No 2. Will there be a major change to any unique or unusual land for found on the site? . . . . . Yes X s No 3. Will project alter or have a large effect on an existing body of water? . . . . . . . . . . Yes X No 4. Will project have a potentially large impacto on groundwater quality? . Yes X No 5. Will project significantly effect drainage flaw on adjacent sites? . . Yes X No 6. Will project affect any threatened or endangered plant or anirial .species? . Yes X No 7. Will project result in a major adverse effect on air quality? . . . . .. . . . . . . . Yes X No 8. Will project have a rrsjor effect on visual char— actor of the. community or scenic views or vistas known to be important to the community? . . Yes X No 9. Will project adversely impact any site or struct- ure of historic, pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? .- . .- Yes X No 10. Will project have a major effect on existing or Yes X No future recreational opportunities? 11. Will project.result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- X ante an a result of the project's operation? Yes No 13• Will project have any impact on public health or safety'.' Yes X No 1L. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of t'� ity ;r neighborh000? . Yes X No 15. Is there public c rove c�oerning the project? Yes X No C PREPAiER'S SIGNATURE: TITLE: Owner R_7PRESENTING: � DATE: October 24 , 1984 9/1/78 QUESTIONNAIRE TO GE .COMPLE-rED AND FILED WITH APPLICATION TO THE Z.B .A. The New .York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751•-7900) , if you have checked Box #1 and/or Box #6 below. Please either- call their office or personally visit them at. their Stony Brook office for instructions and application forms. Once you .have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. * [ g] I. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition j ' ] the full length of the property [ ] at least 100' in length [ ] 3. Not located within 300' of waterfront or wetlands area [ ] . 4. May be located within 300' of waterfront or wetlands area.; however, the following structure separates ray property from this environmental area: [ ] 50' existing road [ ] existing structures ( J bluff area more than 10' in elevation above mean sea level - ( ] 5. This proposed addition/expansion of an existing building. will be more than 75' from :the.landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge 'of tidal wetlands/waterfront area. * Application with D.E.C. now pending. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. .Departm.ent of Environmental Conservation for their review and approval. If you are able to provide thern with recent photograph-, of the - project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s) . l , TOWN OF SOUTHOLD SUFFOLK COUNTY ------------------------------------X In the Matter of the Application _ of ROBERT G. NORKUS and ALDONA NORKUS , PETITION for a Written Determination. an.d/or Order of THE TOWN BOARD OF THE TOWN OF SOUTHOLD, pursuant to Article I, Section 100-31A of the Zoning Ordinance of the Town of Southold. ------------------------------------X TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: The petition of ROBERT G. NORKUS and ALDONA NORKUS respectfully alleges : 1. Petitioners are the fee owners of certain. real property situate off .Orchard Lane, approximately 450 feet east- ' erly from Cedar Beach Road, at Bayview, Town of Southold, described on the Suffolk County Tax Map as 1000-089-3-4 , 6, 8, 9 , 10 and 11. 2 . That on May 16 , 1983 , THE TOWN BOARD OF THE TOWN OF SOUTHOLD enacted Local Law No . 7 which increased the minimum requirements of the Bulk and Parking requirements of the Southold Town Zoning Ordinance, effective May 20 , 1983 . 3 . That on August 9 , 1983 , THE TOWN BOARD OF THE 'TOWN OF SOUTHOLD .enacted Local Law No. 9 which provided for certain subdivision maps to be excepted from the requirements of Local Law No . 7 . 4 . That on October , 1983 , THE TOWN BOARD OF THE TOWN OF SOUTHOLD enacted Local Law No. 11 to provide relief in. certain ascertainable hardship situations for owners o-f land who filed subdivision maps which met zoning requirements prior to May 20 , 1983 , but due to circumstances beyond their control failed to secure Planning Board approval prior to May 20, 1983 . 5 . That in support of the petitioners ' request for relief herein, the following facts are set forth, and where in- dicated, documents hereto annexed and made a part hereof: (a) Petitioners are the present owners of five (5) lots as set forth on enclosed photocopy of survey heretofore annexed as Exhibit "A" . (b) That petitioners hold Certificatesof Occupancy for said five (5) lots, to wit: Lot 35, No. Z10963 ; Lot 36 , No.. Z10962 ; Lots 37 and 38 , No. Z10961; Lot 47 , No. Z10965, and Lot 48 , No. Z10964 . (c) That on October 19 , 1982, petitioner wrote to the Planning Board regarding the need to abandon a 30 foot right of way designated as Orchard Lane which bisected the land described in paragraph 1 of this petition and is as shown on Exhibit "A" , hereto annexed, for the purpose of creating a four (4) lot minor. subdivision, as proposed in survey hereto annexed as Exhibit "B" . (d) ')That on October 25 , 1982, the Planning Board wrote to the Town Attorney, Robert W. Tasker, Esq. , requesting -2- his advice on how to proceed regarding the road abandonment and the proposed ,four (4) lot minor subdivision. (e) That on November 1, 1982 , Town Attorney Robert W. Tasker responded to the effect that legal proceedings for road abandonment be commenced, after conclusion of which, .the proposed four (4) lot minor subdivision be submitted to the Planning Board. (f) That on November 18 , 1982; the Planning Board wrote to the petitioner enclosing a copy of Mr . Tasker' s letter . of November 1, 1982. (g) That on January 28 , 1983 , a 'Certificate of Abandonment of the 30 foot right. of way described in paragraph 5 (c) of this petition was filed in the Suffolk County Clerk' s Office under Certificate No. 2364 , Abstract No. 9249 . (h) That on February 22, 1983 , petitioners filed with the Planning Board an application for a minor subdivision, with all required documents thereto annexed, and together with a check for the filing fee in the sum of $100 . 00 . (i) That a review of the file of the .Planning Board, as well as the minutes of the Planning Board, indicate that no action was taken on. the petitioners ' application until June 1, 1983 , at which time at a meeting of the Planning Board, the following was entered into its minutes: "Robert Norkus - It was the consensus of the Board that the proposed subdivision of Robert Norkus be considered for the exemption list regarding two acre zoning. The Board, after / ... AW , inspecting, stated the proposal would be an improvement to the area and were in agreement that this file had been delayed by the legal problems with abandonment of -the roadway. " _ (j) That on June 30 , 1983, the Planning Board wrote to petitioner and advised that his proposed four (4) lot minor sub- division did not meet the 80 , 000 square foot requirements of the Southold Town Zoning Ordinance, and that since sketch plan approval had not been secured prior to May 20, 1983 , the 'application, attached documents and check were being returned. 6 . That the facts herein stated show that the petitioners had at all times proceeded without delay and in good faith to meet the requirements of the Southold Town Planning Board. 7 . That all requirements and necessary documents for approval, by the Planning Board of the petitioners ' four (4) lot minor subdivision had been submitted prior to March 20 , 1983, and petitionerscould do nothing further except await the action. of the Planning Board on sketch plan approval. 8 . That the period between February 22 , 1983, and May 20, 1983, afforded the Planning Board a reasonable time and opportunity to have acted on petitioners ' application for a sketch plan approval. 9 . That petitioners at all times diligently and, in good faith prosecuted their application for sketch plan approval of the proposed four (4) lot minor subdivision, and that failure to secure same prior to May 20 , 1983 , were due to circumstances beyond the control of the petitioners . -4- y 10 .. That it is in. the best interest of the Town- of Southold to reduce the use of the petitioners ' land from. the present legal usage of five (5). residential dwellings to that proposed by the petitioners, to wit : Four (4) residential dwellings . 11. That petitioners desire THE TOWN BOARD OF THE TOWN OF SOUTHOLD to 'review this application, and if approval thereof is granted, to make 'a written determination and/or issue an Order with respect to the relief requested herein. WHEREFORE, petitioners respectfully pray that THE TOWN BOARD OF THE TOWN OF SOUTHOLD grant to the petitioners the relief herein requested pursuant to Article I, Section 100-3.1A, of the Zoning Ordinance of the Town of Southold. Dated: November 14 , 1983 Cutchogue, N.Y. Robert G. Norkus Aldona Norkus -5- .. STATE OF NEW YORK ss. . COUNTY OF SUFFOLK ROBERT G. NORKUS , being duly sworn, says: I am one of the petitioners in the proceeding herein. I have read the annexed Petition, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information. and belief, and as to those matters, I believe them to be true. Robert G. Norkus Sworn to before me this day of November, 1983 . mod,_..-------•----'---_�_ �rl.:-^ -�. . ra C4�t) stqO 1 A3 czo Ell I r ! gyp•+ 'r 7z 49 _ o -•? 9 _ �? ! �• t.�� - " ' - ;,'NA 1OR,ZED ALTTRATION OR AD GITIOfj ' TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YCRK STA TI EDUCATION LAW. 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