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Home My WebLink About2318 TOWN OF SOUTHOLD, NEW YOR.R DATE .Atlg. 2S, 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2318 Dated July 21, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Lee and Barbara Siros (Gary Olsen, Esq. ) Appellant 3 Lee Lane Wilbraham, Mass. at a meeting of the Zoning Board of Appeals on August 25, 1977 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 :10 P.M. (E.D.S .T. ) Recessed hearing upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Massachusetts, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: East side Deer Path, Mattituck, New York, bounded on the north by Miller right-of- way; east by D. Trimmer; south by right-of-way, Dickerson and Beier; west by Deer Path (Pvt. Rd. ) . 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPROVEV - Zo NG BOARD OF APPEALS FORM ZB4 Appeait Chair an After investigation and inspection, the Board finds that the applicants request permission to set off lot with insufficient width and area, east side Deer Path, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicants. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Lee and Barbara Sirois, 3 Lee Lane, Wilbraham, Massachusetts, be GRANTED permission to set off lot with insufficient width and area, east side Deer Path, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs : Gillispie, Bergen, Hulse, Grigonis. I'r �Tl; 9/6-y7' iGtJR 9.•aoA.,y �,nw�y '1'ovin Grlerk, Town of Southold Legal Notice -2- Hearings: 'August 4, 1977 8 :15 P.M. (E.D.S.T. ) upon application of William G. Rafferty, 18 Farmview Drive, Dix Hills, New York (Gary Olsen, Esq. ) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and. Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Pinetree Road, Cutchogue,. New York, 'bounded on the north by Hickory Acres Subdivision; east by L. Wahl; south by Pine Tree Road; west by now or formerly S. Bourguignon. 8 :25 P.M. (E.D.S..T'. ) upon application of VIP Inn, Ltd. , . . 39 Gehring Street, Commack, New York (Gary Olsen, Esq..') for a variance in accordance with the Zoning Ordinance, Article III, : Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lot. Location of property:. South side CR27 , Southold, New York, bounded on the north .by CR27 (North Road) ; east by H. Hass, A. " Stachtiaris, N. Ippolito, F: Bruch, J. Smuloheski, . M. Furner, E. Stewart; south by Mill Creek; west by now or formerly Nassau Steamship Agency. 8e35 P.M. (E.D.S.T. ) upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Massachuttes (Gary Olsen, Esq. ) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off . lot with insufficient width and area. Location of property: East side Deer Path, Mattituck, New York, bounded on the north by Miller Right-of-way; east by D. Trimmer; south by right-of- way, Dickerson. and Beier; west by Deer. -Path (Pvt. Rd. ) . 8 :45 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, Inc. a/c Julius Kinczel, 7 2nd Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: East side Second Street, New Suffolk, New York, bounded on the north by now or formerly Rogers Est. ; east by .M. Majeski; south by now or formerly Zamphiroff; west by Second Street. LEGALNOTI [aug' -6ifi0-LLt 'e�lnzas ao;�ulneai CE Notice of Hearings • I�laua Ales Isnyj '005T$ '0M3 `Iiingaa Pursuant to Section 267 of the atoa; osle`8-A dH SLi aais�fag0's0uillg I Town'Law and the provisions of I1MV laals ssaiulels pus Buvoogelu the Amended Building Zone 'xeo enau `Ipngai Isnr axs.nsft-I Ordinance of the Town, of WINS INS sag NasHalu'Ifl• .6Z i` SUFFOLK, � Southold, New York, public ss hearings will be held by the '06Z9-LZL '000`£$ •aea2j ne 22 I N'EW YOR$, Zoning Board of Appeals at the 1s.e, aulas,009z`uenoa0`.SZ iuoa xaoM Town Hall,Main Road,Southold, J t C. Dorman being duly Sworn. New York, on.Thursday, August. r```' ' • ' • • ' • • • • • • ' ' ' • • • • • • • • • • • 4, 1977, on the following appeals: CW6-69Z '00L$,'poo$ 797 on t e following . n Recessed `iing passsi�aagil `xeo uo aspaa h0 is Printer and Publisher of the SUFFOLK hearing.upon application Helmut Hass for'a variance for of I `fppna `dools pa�0la AAV"J. .ZZ MES. a newspaper published at Greenpoxt. in said approval of building built. in 11'eD 8L55-IEL that the notice, of which the annexed is a printed violation of the Building and Iasa UOST$ •paddmbe BIln3 `uollipuoa� Housing Codes,east side Beverly Ills Iuanaaxa `aalsm.ut `uosugof clH!;ee'n publi%hed in the said Suffolk Weekly Times Road (Pvt. Rd.), Southold, New I 0t gjIm iads0 10-13Jsls EL61 .51I! (1) York. IfOA ORe .' 1 week, for . . . . . . . . . . . . . . . . . . . . . . . . . weeks 7:40 P.M. (E.D.S.T.)- upon 1Zt6-86 sauog ,l twent ei hth application of Virginia W.-Suter, �Zj$ Bauoui paaN '� II' 'Ii.j; commencing on the . . . . e- y7 g . . . . . . Beachwood Road, Cutchogue, pi_ 7a ��n {�e';"ivew •' 77 New York (Abigail Wickham, York, bounded on the north by 19. . . . Esq.) for a variance''in ac` Hickory Acres Subdivision-, east • • • • • • • • • • • • • . . • • • • . . . • • • • • • cordance with the Zoning Or- by L. Wahl;_south by Pine Tree dinance, Article III,.Section 100-- Road;west by now or formerly S. e me 7. r this . . . . . . 30, 100-32, and Bulk Schedule for.., Bourguignon. y�y I permission -to construct ac 8:25 P.M. (E.D.S.T.) upon ig././.. J cessory building with insufficient ' application-of V1-P-Inn,_Ltd.,;N setback. Location of property: Gehrin Street,...C.ommack, New ------- — =ew — . . ._ . . . . . . . . . . . . . . . . . . . Beachwood Road, Cutchogue,: York (Gary Olsen, Esq.) for -a cordance with the Zoning Or-- , cessory building on property line. dericker; south by Sondericker; variance in-accordance-withthe dinance, Article III, Section 100- Location of property: East side west by Lake Court. - Zoning Ordinance, Article III, 32 for permission to construct Minnehaha Boulevard, Southold, 940 P.M. (E.D.S.T.) upon Section 100-3.0 and Bulk Schedule accessory buildi�g in front yard New York, bounded on the north application of Gustav Bartra,227 for permission to set off existing area.Location of property: East by Prieto; east by Corey Creek; Breakwater Road. Mat.t.ituck. buildings on undersized_.lot. side Second Street, New Suffolk, south by Vanderbeck; west by New York for a variance in ac- buildings of property: cordance with ,the Zoning Or- Location p ty: South side. New York,bounded on the north M9:20 P.M.Boulevard. dinance Article III Section 100- CR- 27, Southold, New 'York, by now or formerly Rogers Est.; plic . Valentine .T.) upon bounded on the north by CR 27 east by M.Majeski;south by now application of Valentine Stype a-c. 30,C and 100-32 A for permission (North Road)east by H.Hass,A. or formerly Zamphiroff; west by Lillian Van Dusen,5305 Westpath to construct exeedi'radio maximum -- - Stachtiaris,N.Ippolito.F.R—eh Second Street., Way, Washington, D.C. for a g J. .Smulcheski, M. Furner,, E• 8:55 P.M. (E.D.S.T.) upon variance in accordance with the height. Location of property: Stewart; south by Mill Creek; application of 'Tennis, Courts Zoning Ordinance, Article III Right-of-way, East side Break 'west by now or formerly Nassau Unlimited a-e William LaMorte, Section 1WS,and Bulk Schedule water Road, Mattituck, New Steamship Agency. • ]aha llorth Bayview,Road, Southold, for permission to divide property York, bounded on.the north by 8:35 P.M. (E.D.S. upon New York for a variance in ac- with insufficient area. Location, Stupiello and Maione; east by . application of Lee anrbara cordance with''the Zoning Or- of property: Dicks Point Road Donald Cooper; south'.by right-of Siros; 3 Lee Lane, Wham, dinance, Article III, Section 100- and Holden Avenue, Cutchogue, way, D. Cooper; west by Can- Mass., (Gary Olsen,_Efora 35 C for permission to construct New York, bounded on the North none. variance in accordancth the tennis court with fence exceeding by Dicks Point Road; east-by Any person desiring to be heard Zoning Ordinance, Ae III, maximum height. Location of Holden Avenue; south by now or on the above appeals should Section 100-30 and Buledule property: East 'side North Road formerly E. Mott; west by appear at the time and place for permission to set ot with to.Bayview,Southold, New York, Hayson, Fox, and May. above.specified. insufficient width aarea. bounded on the north by Pine 9:30 P.M. (E.D.S.T.) upon Dated: July 22, 1977 Location of property: t side Neck Road; east by Southold- application of George Bambrick, BY ORDER OF Deer Path,Mattituck, York, Bay; south by North Road to 46 Cedars Road, Caldwell, New THESOUTHOLD bounded on the northMiller Bayview; west by North Road toJersey for a variance in acTOWN BOARD Right-of-way; easty D. Bayview. cordance with the Zoning 'Or- OF APPEALSTrimmer; south by rif-way, 9:10 P.M. (ED.S.T.) upon dinance, Article III, Section 100- 1TJY28-2771 Dickerson and Beierst by application of Jean'Lohn and B. 30 and Bulk Schedule for per- Deer Path (Pvt. Rd.). Loretta Vom tehn, Minnehaha mission to construct dwelling t 8:45 P.M. (E.D.S.T.) upon Boulevard,Southold, New York with insufficient setback and rear application of George Ahlers, for a variance in accordance with yard.Location of property: Lake Builder,Inc.a-c-Julius Kinczel,7 the Zoning Ordibance,Article III, Drive and Lake Court, Southold, 2nd Street, New Suffolk, New Section 100-30; and 100-32 for New York, bounded on the north York for a variance in ae- permission to construct ac- by Lake Drive; east by Son- �oIIrnoEd;New ork, bounded'on__ the north by CR27 (North Road); � 1 east by H: Hass, A. Stachtiaris, N. Ippolito F. Bruch, S. Smul- 1 COUNTY OF SUFFOLK , the cheski, M.. Furrier, E. Stewart.; Ions of STATE OF NEW YORK ss: south by Mill Creek;west by now Ordi- &chusets Nassau Steamship hold, ill be (E•D S T) upon Of Sherley Katz, being duly sworn, says that she is an ,t- f Lee and Barbara ain ee Lane, Wilbraham, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ,- l Olsen, on d (Gary �1the a public newspaper printed at Southold, in Suffolk County; Esq.)for a variance in accordance with the Zoning Ordinance, Art- ssed l and that the notice of which the annexed is o printed copy, itch III, Section 1 permission and Bulk el- has been published in said Long I$Iand Traveler-Watch- lot with insufficient width and of y• Fast New to man once each week for ........................................ weeks area. Location property: nd side Deer Path, rly successivel , commencing on the ..j.e.. York, bounded on the north by south by right-of-way,Miller Right-of-way; east by D. rf ht-of-way, '1dd day of ...... ................ 19.. . .. Trimmer; west by 6- s Beier; Dickerson and `f'Pr Pvt. d.). tr Deer Path ( R P. . (E.D.S.T.) upon a ? � .:..................... ........A�& .8:45 Ahlers, plication of _ George • e Builder,Inc.ale Julius Kinczel,7 2nd Street, New Suffolk, Ne w I York for a variance in accordannc + I �� he Zoning Ordinance, Art- with t Sworn to before me this day or icle 11,,Section 100 32 for p build- Sion to construct accessory ; + in front yard area. Location of I U . .. . ................... 19. .�j. �� side Second I property East : New York, Street, New Suffolk, or formerly g bounded on the north by now y Rogers Est.; east by M. now or former- 10 Maje'ski; south.bY ................. . . .fo�ar3y ............................... ................ ly Zamphiroff; west by Second Public Street. JOSEPH FENTON 8:55 P.M. (E•D S T) upon ap `'� NOTARY PUeuC. State of New y®f�i I plication of Tennis Courts Unlim- � North No. 52-1195150 ited a/c Williatri LaMorte, New. Qualified in Suffolk County I Bayview• Road, Southold, Commission Expires March 30. 19 4 York for.a,.variance in accordance with the Zoning Ordinance, Art- I icle III, Section 100-35 C for nnis permission to construct t court with fence exceeding max imum height. Location of proper- II ty: East side- North Road to f Bayview+ Soiithol"d;-New York, bounded on the north .by Pine 1 Neck Road;east by Southold Bay; south by North Road to Bayview; ' west by North.Road to Bayview. 9.10 P.M.- (E.D.S.T.) upon application of Jean L Minnehaha Loretta Votn Lehn, New York Boulevard, Southold, N ith for a variance in accordance w FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ................................................................ Date ............. 7 4 ...... .......... 19.7.3 1 � - To ...... .............. ............ ...... .............. . ............................. PLEASE TAKE NOTICE that your application dated ............C �-.A........ 19.)..). for permit to 6&;�� t 0. ..... ....................ot the premises located at ... -*,...... X) Map ........... .... Block ............... ...................... Lot ........ .................................... is -e�.r qw ero and disapproved on the following grounds ... ................................................................................ ............................................ ................................... -,e- C— ............................................................ ................................................................................ 0 ............................................................ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO-C �,3 7 _ DATE ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.- -hi p wife,, - -.1 (We)-Lee Siros and.Barbara•.iros,J.. .of ... 3 : e�.. a1��...... .. - . Name of Appellant _ t Street and Number x]bx akaaxl7�. :..........:..........:.....::....... Mass...........-....HEREBY APPEAL TO - _ Municipality State THE ZONING BOARD OFyAPPEALS FROM THE DECISION OF .-THE BUIL ING INSPECTOR -ON .............. DATED .. f...J�I....... APPLICATkON FOR PERMIT NO. ...::..............: .......:.... .a- ................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of I.I ee-Lane..... Wilbmaham Wilbmaha=................ .. ...................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) VARIANCE. 1. LOCATION OF THE PROPERTY ..D.eQrpA h.Road,• Mattituck - Aa�icultural/.:Residential Street Use District on Zoning Map flap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 and Bulk Schedule; also Section 280 A. Town Law" 3. TYPE OF APPEAL Appeal is made herewith for ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( x)- A VARIANCE due to lack of access. (State of New York Town Law Chap. 62 Cons. Laws Art. 1'6 Sec. 280A Subsection 3- 4. PREVIOUS APPEAL A previous appeal OM (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 (x ) A Variance to Section 280A Subsection 3 (x ) A Variance ao the Zoning Ordinance is requested for the reason that Form zBl (Continue on other side) \`REASON FOR APPEAL Continued J 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the subject premises is an over-sized parcel. Applicant is under contract of sale to purchase the subject premises subject to the.Zoning Board of Appealsg?enting a Variance_to.rdivide the subject premises into.two separate parcels for the construction of single-family residences- as well as ob- taining an.Access Variance over Miller's right of way and Deer Path Road to and from a public„road. ..Parcel I.to be created would have '25, 011 square feet, approximately, and,Parcel II to be created would have 28, 898 square feet, .approx- imately. The parcels to be-created would be in keeping vvl th this general size and shape of other parcels in the neighborhood. Miller's right of way and Deer .Path Road are private rights of ways which are presently in existance, and upon information and.belief,Ahe Zoning Board of Appeals has granted anAccess Variance for other parcels in 'the neighborhood under Section 280 A of the Town Law for_ access over said Miller's 'right of way and Deer Path Road. 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 subject premises -are an over-- sized parcel in-, to the. other, parcels in the neighborhood. 3. The Variance would observe the spirit of the Ordinance and WOULD "NOT CHANGE THE CHARACTER OF THE DISTRICT because the parcels to be created would be.in keeping with the general size, shape and charact-dr,.of the other parcels in the neighbor- hood and upon information and belief other parcels have also obtained an Access Variance over Miller's right of way and Deer Path Road,' by the Zoning Board of Appeals. Lee Siros d; arb iros i STATE OF NEW YORK ) BY: ss ...................................... .............. COUNTY OF ;, ' Signature Ga Fl nner Olsen, .Esq. Swornto this ............. .�........................ day of....... . ........ ................................... 19� .......... .................. .. . .. ... ..................m Notary ISIAUS WINiARZ Public Notary Public State of A e%v York No. 52-9,,703725 Suffolk County Comm. Expires March 30j-J9j 7_*' a��Ffat��o STown0ash®ld Board of Appeals SOUTHOLD, L. i., N. Y. 11971 Telephone .765-2660 APPEAL BOARD MEMBERS Robert W. Gillispie,Jr., Chairman Robert Bergen August 30, 1977 Charles Grigonis,Jr. Serge Doyen, Jr. •Fred Hulse, Jr. - Jacob M. Shapiro, Esq. P.O. Box 429 47 North Main .Street Freeport, NY 11520 Dear Mr. Shapiro: Thank you for your letter of August 19, 1977. Our letter of August 15th was not intended to be "facetious" but it was "irrelevant" as far as Appeal No. 2318. Our purpose was to help straighten out a matter which might have become controversial. . The decision to move the garage will be pleasing to all concerned. Your v y t uly, Ro�ert : Gillis , r. Chairman RWG:med cc: Beier Olsen Tooker, Tooker & Esseks LAW OFFICES OF JACOB M. SHAPIRO P. O. BOX 429 47 NORTH MAIN STREET FREEPORT. NEW YORK 11520 ATTORNEYS AREA CODE AND 516 COUNSELORS FR 9.6474 AT LAW FR 9-6052 JACOB M. SHAPIRO FR 9.6057 JOHN MARSHALL PR 9-6072 August 19 , 1977 Southold Town Board of Appeals Southold, New York 11971 Att: Robert W. Gillispie, Jr. , Chairman Dear Mr. Gillispie: Your letter of August 15 , 1977 addressed to my clients , Mr. & Mrs . Klaus' Beier of Miller Road, , Mattituck, :New York was . referred to your undersigned. At this time, I would like to advise you that my clients , Mr. & Mrs . Klaus Beier, are taking steps to remove their frame garage which appears to presently partially be on the premises owned by Dickerson. I would like to call to your attention that the prior owner, .Evelyn D. Arne did grant my- clients , M.r: & Mrs . Klaus Beier an easement and right of way fo'r the use of the aforesaid frame garage,., to remain upon her land: I do not ihtend this letter to be facetious , however it is a little difficult for my .clients to understand why the Southold Town Board of Appeals would be interested in this particular problem when Mr. Olsen , representing Sirois appeared before the Southold Town Zoning Board of Appeals on August 4 , 1977 concerning other property. The variance with regard to the other property does not, in any way , affect the garage or the easement which was given by Arne and which Dickerson is , was and is fully aware of, and her attorneys . At any rate , the decision of my clients is that they have taken the steps and will remove the aforesaid. garage entirely from the Dickerson premises . r JM j r cc: e�i er sen Tooker,Tooker & Esseks I Southold Town . Board of Appeals SOUTHOLD, L. I., N. Y. 11971 �l Telephone 765-2660 APPEAL BOARD MEMBERS Robert W. Gillispie,Jr., Chairman August 15,. 1977 Robert Bergen Charles Grigonis,Jr. Serge Doyen, Jr. Fred Hulse, Jr. Mr. and Mrs. Klaus Beier Miller Road Mattituck,. NY 11952 Dear 'Mr. and Mrs. Beier At the August 4P 1977, meeting of -the Board of Appeals, an application to divide a' lot adjacent to your property on the right--;of-way off West Mill Road into two single and separate lots was considered by -the Board. During the hearing, the matter -was brought ,to the,.Board's attention of a garage (Acces- sorybuilding) straddling the line between your property and the lot recently purchased by Alan Dickerson and wife. In an .action dated February 16 , 1967, approval of access was granted for building a new dwelling on a lot facing the creek which we understand, you now own and occupy. At the time of the approval of .access,.. there was no mention made of an acces- sory building straddling the property line. We have checked the records of said hearing and find.nothing in the minutes relative to such a structure. It now appears to .be •a -matter of contention .with the new prop- erty owners (Dickerson) . that no part of the building should be on their premises. - Weare asking you at this time to make an . agreement with the Dickersons about the garage or to remove it entirely to your premises. Please advise us as to your decision in this matter. zVe truly��yours, Robert W. Gillispie, Jr. Chairman :med cc: Robert Tooker, Esq. TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER (1896-1971) P. 0. BOX 268 RoBERT L.TOOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z.HEFTER CHARLES R.CUDDY ANTHONY B.TOHILL STEPHEN R.ANGEL August 10, 1977 Mr. Robert Gillespie Chairman of the Southold Board of Appeals Main Road Southold, New York 11971 Dear Mr. Gillespie: Mrs. Dawson has been kind enough to look through the old files of the Board of Appeals and the Planning Board. She has found a map in the files of the Board of Appeals submitted in connection with the hearing of February 16 , 1967 , which shows the encroachment of the garage that I dis- cussed with the Board last week in regard to the application of Lee and Barbara Siros . Apparently the application was _made to the Board of Appeals, who divided the property into four lots and granted at the same time lack of access vari- ances to the four lots. The map submitted with the application shows the encroachment of the garage. There is nothing in the decision about the creation of the encroachment. Apparently at that time, it was not necessary for the Planning Board to act on an appli- cation to divide a parcel into lots, so long as a major sub- division was not involved. Because the creation of these lots by the Board of Appeals created the encroachment of the garage and before the Board acts again in regard to this property, I request on behalf Mr. Robert Gillespie Page 2 August 10, 1977 of my client, Charlotte Dickerson, that if an approval is to be given that it be made contingent upon the removal of the encroachment of the garage within a reasonable period of time. Thank you very much for your patience regarding this applica- tion. It would seem to me that the proposed conditional approval should satisfy the parties concerned and fulfill the intent of the Board of Appeals when the matter was heard in 1967 . Very truly yours, (2w"j Robert L. Tooker RLT:kml O a K OUT r JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 21, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re : Apllication of Lee & Barbara Siros for a variance-Appeal no. 2318 I have on file in my office notification by certified mail to: Daniel Trimmer, 684 Old Country Rd. , Dix Hills, N.Y. Charlotte T. Dickerson, Grand Ave. , Mattituck, N.Y. Pamela Steadman, Cedar Drive, Shore Acres, Mattituck, N.Y. Anna M. Smith, Box 544, 800 Cedar Drive, Mattituck, N.Y. 4udith T. Terry Town Clerk JTT/bn cc :file BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Lee Siros and Barbara.-Siros to the Board of Appeals of the Town of Southold TO: Daniel Trimmer - Charlotte T. ,Dickerson Pamela Steadman Anna.M...Smith 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) pi ,� ,_ I I P atik(the following relief: for-_permission to di- v;rlP G,��;Pet premises into two parcels and Access Variance over Miller's right of ). *,ay and Deer-Path-right of way). 2. That the property-which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:North; Millers right of way - .-East:Bay View Park - South; :Mattituck Creek ----West; Deer.-Aath right of way. 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 4. That by such Petition,the undersigned will request the following relief: To divide the subject premises into two valid, building .-Parcels and Access Variance. 5. That the provisions of the Southold Town-Zoning Code applicable to the relief sought by the under- signed are: Article III Section 10'0-30 and Bulk'Schedule: also Section. 280 A' Town Law 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 eld'on the matter by the Board of Appeals;that a notice of such hearing must be published at least f' a day prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck W chman ne s .pets published in the Town of Southold'and designated for the publication of such notices;th t you or y epresentative have the right to appear and be heard at such hearing. Lee Siro a B a:Siro Dated: ,1y 19, 1977 By. TTa Pefl ner ary;Flanner Olsen, a Esq. Post Office Address Main Road, P:O Box 2B Mattituck, .New York 11.952 '-Phone: 516-29874844 PROOF OF MAILING OF NOTICE NAME ADDRESS Daniel Trimmer 684 Old Country Road Dix Hills, New York 1.1746 Charlotte T. Dickerson Grand:Avenue Mattituck, New York 11952 Pamela Steadman Cedar Drive Shore Acres .Mattituck, New York 11952 Anna M. .Smith Box'544 800 Cedar Drive Mattituck, New York 11952 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Cherie Lym Russell , residing at Mattituck, New York being duly sworn, deposes and says that on the 19th day Of July , 1977 , 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 curren"t,assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck ;that said Notices were mailed to each of said persons by (certified) 0w*9twe#mail. Sworn to before is ' th day of 977 Nr Public GARY FIANNER OLSEN Notary Public, State of New York No, 52-2959600 qualified 1n Suffolk County Term EXPires March 30, jg7� L II 15 C) I T 6 z a } W 13.2 �1 15.0 A(c) z so- s• 3 O ; x o 2.0A(c) Q 223 126 108' q6, 41 '87' 2a8' I 7, 61 f r I 77 _ Sa y, or 1.IA(C) tF1 '9'. U - " (3s1 = 24 W - _ a5x :0 2 t3°1 23'. _a° sez cl t01 25 I.0A( i X (331 580 0 I O _ 176' \ a tNl U (321 26 1.3 Alcl 15z. N 6Z8 LLLCO L5 Alcl o ' (301 15T• 27 I . . o .. .N 1291,bao r CrP 0 1.3cli A(c) I I4 bn a 1281 I9 0 m 6p1 369 2$ 29 m 0 �Z ti 29.3A(c) --- (Kt 1 z - 12T1 17 T• 2i! 3G0 J O :J O (2c1 30 370' W z z -_ zeo' ,zs' I'I 36_ L E251 45 32 P - 31 sJ J 1.5 c) ° a W im cn ✓i' �° ..(="7 �(2af N 1z- _ W, 7s $' A( I U ..- �. ,00- tI 1 v lY W I H W / e _ 1231 zo3' O 1,eo' l_ - 170• .�N Q (n Jul, .f( N ° n _jL.� vl � 0 1zz1 210,17 Z ' N1 a 37 8 N 00 33 34 35 - o. (zntzo ('91 1 OA(°)N zo' 00' 16545, J o 15 � ,ti 17 I G I al, 775- zsl ,,00. \\6'9 A(c) V I EW °5' P 5 4 . 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Russell Haase, Director 10 'DISTRICT NO. IOOO k Riverhead, L. I., New Yor r-- - - - � r1c1r ,1. p 0 C C,,; ,�'.1.'�^� t.eA','i.`A�•i}it'�10J,�i �!�.,,a� � ':� •; ., ..�^. �..... y11 - ,. i�be�,r.}y. l Y VL '� ,y,•,,`'�'�!]y}p 1 .�y r ;• `ram.., : . . rmerly.. Churl es h►ndie Sc �:. r S 34 p ,Miller . ems` Right '—'— of Way �4• . . s, _ 34 gp 213.66 . � P 0 ,2 �. i .: O •O �~ f s ' (, \ V• , ntin^r ro•n.Kv,. �.Rwrr a I _ .. ..,,r"ar r r ,7::<. ...,� rs..'..� ,,..e rt'-'"r•,.«9r•".". N41d.� 0 •. O •�� 0 9 { � S .. ZB•$ 8 94. FT 9 : 5 , A. c -50 00' E r,1. R o0 0 00 c�,9� •. ''., ...: :.. . :.,._ :. - '•`�, ``\ .tip . ` \4. y� O�• :.L,.Y k '{il P�dl1S11Ltk��t�G .:I r.T •.;�. TY ,rt!�;Pk+JJK,.K.ia J�,.z�=' ... � ,",,, - ,�•�,L r,4 � .- `'�'••:<•••Kar,+ ,'nu aoi `• v JG ti � • d o. O b • SURVEY FOR . THE NORTH :FORK BANK a TRUST 'CO MATTI TUCK TOWN OF SOUTHOLD SOF F. CO. N.Y. GUARANTEED TOt •{ x ,a 'V+ �'F«'� F �.` NOTE SCALE: I = 5O' GUARANTEED TITLE DIVISION "-',*r.��t;'� ;f�� f krr 'r �,, ss,t, . • • 61 OCT. 6, 67 AMERICAN TITLE INSURANCE �a1y ;� 1,93• ',��,� ,? :4 ,� ;� ., ,i� t a,' 9 H ORK 8 THE NORTH'FORK BANK a T�RU: MAY 2 7,19 f 8 �..rtk34'z, •.'�',!1.`'S. .,n•G..•.`i./-•4'7ff��IrLR�Y� .,' a :1 � � a" ��j�(/w��i,� � �, — ---- --_ PROFESSIO NGI R euc