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Home My WebLink About4031 __MORGAN C~ARLES W.__ ............ ,..LU.~:ie_ 20+. 1963__ ·-~B~TED p~rmisaion ~o locate accesso~ bulldog ,t_New SUffolks_New YOrk. APPEALS BOARD MEMBERS o? � ., ^, SCOTT L.HARRIS - ,,_ Supervisor Gerard P. Goehringer,Chairman '�' ;` %= 1 p Charles Grigonis,Jr. Serge Doyen,Jr. Town Hall,53095 Main Road P.O.Box 1179 James Dinizio,Jr. Robert A:Villa Southold,New York 11971 '' Fax (516)7654823 Telephone(516)765-1809 _= Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4031: Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A. 4) for approval of the location of an existing accessory garage structure `in the front yard area, with a setback at -less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID 41000-117-10-6. WHEREAS, a public hearing was held on June fe, . 1991, and at, said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS,. the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question., its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in ,question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on, the Suffolk County Tax Maps as District 1000, Section 117., 'Block 10, Lot 6. 2. The subject premises consists of an area of 2. 137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Goldman as surveyed April 26, 1991, to be approximately 130 feet from the- front property line. Page 2 - APP1 . No . 4031 Matter of Estate of Charles W. Morgan Decision Rendered June 7 , 1991 3 . The garage structure is of a size 19 ft. by 39 ft. , is one-story in height, and is shown to be situated nine feet from the easterly side property line. 4. . For the record, the following information is noted: (a) Article III-A, Section 100-30A. 4, and Article III, Section 100-33 ,• provide that accessory buildings be placed only in the required rear yard; (b) Under Appeal 4576 rendered June 20, 1963 , the subject accessory garage structure was permitted to be located with a 150-foot setback, ( although the relief requested at that time was 200 feet) from the front property line along Jackson Street. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood, since the garage has extensive screening which has been established for over. 27 years; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, .seconded by Mr. Villa, it was RESOLVED, to AMEND the prior decision- of this Board under Appeal No. 576 (dated June 20, 1963) , for the location of the accessory garage structure, as exists approximately 130 feet from the front property line along Jackson Street, and that the use of the garage structure shall continue to be accessory and incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and .Villa. (Member Dinizio was absent. ) This resolution was duly adopted. lk GERARD P. GE)EHRIN�;ER, CHAIRMAN Y -A APPEALS BOARD MEMBERS SCOTT L.RABBIS '., Supervisor Gerard P.Goehrin er Chairman T' " `` `'° '' `", r Charles Grigonis,Jr. ' Town Hall,53095 Main Road Serge Doyen,Jr. "' P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa . BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following additional matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUKE 7, 1991, commencing at the times specified below: 8: 05 p.m. Appl. No. 4022 .- CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Continued hearing in the request for Special Exception approval under Article VIII, Section 100-81B(1) , .and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: . 415 Elijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937; Parcel ID #1000-108-4-11. 1 (part . of 11) . ,i .Page 2 - Legal Notic Hearing for June 7, 1991 Southold Town Board of Appeals [8:25 p.m. Appl. No. 4031 - ESTATE OF CHARLES MORGAN. Request Variance approving the locabibn bf�•ailexisting accessory age structure .in the front yard area, with a setback at less n that conditioned by prior ZBA decision rendered June 20, 3 under Appeal ##576. Location of Property: 930 Jackson eet, New .Suffolk, NY; Parcel ID ##1000-117-10-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 . .- I Dated: May 16, 1991. BY ORDER OF THE -SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN - By Linda Kowalski ---------------------------------------------------------------x TO: Times=Review Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board ( lobby) -ZBA Board Members and Files ALSO ON 5/16/91 TO: 'William D. Moore, Esq. (For Cellular Telephone) Mr. Roy Radigan (for Charles Morgan Estate) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL c ox� q• Q. Date . . . . . . . . . . . a. . . . . . 199 To . : . . . . . . . . . . . . .. . 1 lac( PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . .. 199.(. . . for permit to ezr?�.X,J►.,c�zf— q,c U.Q.�,mu-�• o�gq,�. . ..!!!'i . `!!�, , q�,�,. . . 1 .�- - . . . 1 � at Location of Property . 9 a b I. a 3cM ; j " House No. Street . . . . . . . . . . . . . . . . . . . . . .yam/et County Tax Map No. 1000 Section . . .0.7. . . • . . . . Block . . . ./D . . . . . . . Lot .o.4 . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 'v. 11 oa A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 1461 TOWN OF SOUTHOLD, NEW YORP EC E IV E D APPEAL FROM DECISION OF BUILDING INSPECTOR MAY JJP &� NO. DATE .............. ................ ............. Southold Town Clerk . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Estate of Charles W.. Morgan„",......,of .930,.Jackson„Street,,,,,,,, ... Name of Appellont Street and Number New Suffolk NY,,,,,,,,,,,,,,,,,,,,HEREBY APPEAL TO .......................M ...................................unicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON April 26, 1991 APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Raymond„C, Radi,gan,...At:t:orney..foz..estate of Charles W. Morgan Name of Applicant for permit of 1865 Hi hland Ro .........................A(. ....Ad.,...C.UtichQgua....NX....1.1935........................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Permit to locate a accessorybuilding in the front yard, 130 feet from the front — property line. 1. LOCATION OF THE PROPERTY .........,.Jackson„Street,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ...................... Street /Hamlet / Use District on Zoning Map District 1000 Section 11713lock 101-ot 6............. Current Owner Goldman lvlop No............ Lot No. Prior Owner Morgan 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 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 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 (has) (hc ) 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 (X ) request for a variance and was made in Appeal No. .....576.....................Dated ....r?a3:.3.,...19,63......................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that an original Variance was granted back in 1963 whereby Mr. Morgan was permitted to relocate his garage to the front of his property as long as it was no closer than 150 feet from the front property line. As a matter of fact the garage itself is located 150 feet from the Jackson Street property line, which is what his contractor understood the variance to require. However, the accessory building consists of a garage and a separate 20 foot pump house-storage room, which brings the entire structure to 130 feet of the property line and•thereforey appears to constitute. a violation. Form zsi (Continue on other side) * Charles Morgan originally owned the property in question. He died on October 5, 1990. On May 1, 1991 the property was sold to Robert and Judith Goldman. At the closing, it was agreed that the estate of Charles W. Morgan would initiate all necessary proceedings so that the accessory building would not be in violat1611 of-"i6cal zoning ordinances. REASON FOR APP0TA. V 13 A Continued 'lip o� ,, . .; , 1. STRICT APPLICA94817YO lE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because If the variaAL*II i?gtbk.,4 t-'C'gd, the accessory building would have to be moved twenty feet and a new well would have to be drilled, placing it closer to existing cesspool. This would cause the estate excessive expense without any material benefit to the adjoining property owners or the community. 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 Bay front property invariably has accessory structures in the front yard because to place them elsewhere would obstruct-the bay view and reduce the property's value. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because other property owners in the immediate area including, Connor, Tese, Dill and Marvin, all have garages located in the front part of their property. In fact, the Morgan garage is located substantially further back on the property than all of these other garages and has been so located for the past 25 years. STATE OF NEW YORK ) ss ................ .... . .. ............................... ....... ....... COUNTY OF Suffolk ) Signature Sworn to this ........16.441 ............................. day of.............May............'.......................... 19 91 ..!.:1.:..... .`....................... Notary Public THERESA M.BEILINA Notary Public,State of Now York No.4MI98 Wiled In Suffolk County Commission Expires Feb.28,IM 4 G 'TOWN ®V SOUTH®LD PROPERTY :--':'RECORD'-' CARDI. {� OWNER ) rry STREET VILLAGE DISTRICT SUB. LOT / �. A—t C4/ v�hl: lC Derr. -,FORMER OWNER_ N Ica, E / ' ACREAGE F `C 1,Jd �7`reef �L'hr�6 h:-7 6 S W TYPE OF BUILDING I "�tY�GJ r _ RES ;210 SEAS VL. FARM comm. I IND. CB. I MISC LAND IMP TOTAL DATE REMARKS 16h �Fz Au t 6p 6o 4 . AGE'' : BUILDING.CONDITION .NEW NORMAL BELOW ABOVE / / a �r Farm Acre Value Per.Acre Value T�Ilabte 2 � T�Ilable 3 •:� _ _. x Woodland '{ Swarnpland i `13` hland ?+ House°Plot x; t h ht is b f C w.fi3..S' ��"� � t?�l til`\\.` i, � �'.M i�v':chi :.•.• .. .;.... .. r h �:•', 3 'i'�. .di z 25 .� a -.!, :�i fi, 4 1- S - �t� t k[_Qs✓ ` . i .3kt�,.,__ - :. rk _.y sl " .._Y ''t Y z ps:.. ',- '. >. -.:.: 4 -::;. 9 �; t ..,.�v,�r '� rJq ;d -r �^v cCL.� spy✓,6,� r-- �-`. �'0 _s. -.i ir 19 Al ho a _ a rb � _ #, , / } y - Foundation � v Bath. io 1 t Extension SX a' OpS' �, y 2 s �c9 s Basement Floors + Extension Ext. Wal(s S Interior Finish �rXa � st ®/,4s Extension �S`X 8` 5, 6 6 ..- , Fire Place 1 Heat . .� a a o Porch Attic Porch f �" Rooms 1 st Floor Breezeway ' ; i,- 1 Patio Rooms 2nd Floor W Garage 9 j( � y _ Driveway 13 i { t _�. .�:�u y{�7�� 4/\/■(`■��'J77�1''fi .r :r - r i r i rv+'}' /'4 COUNTY OF SUFFOLK -- - PATRICK G. HALPINr.--- SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 June 19, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to• 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination.. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Estate of Jennie Harris and Robert Taylor 4025 Boyle, James and Patricia 4026 I�Yriakoudes, Charles and Angela 4029 state of Charles Morgan 4031 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner e GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.1.. NEW YORK 11768 _ (516)360.51 92 - t APPEALS BOARD MEMBERS ate;'; SCOTT L.HARRIS Z Supervisor Gerard P.Goehringer,Chairman' Charles Grigonis,Jr. Town Hall,53095 Main Road !� Serge Doyen,Jr. ' P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS.• ..:Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 .Pursuant t'o Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning _Code , Article III -, Section100-33 Variance from, Determination of Southold Town Building Inspector, ` Special Exception , Article Section Special Permit Appeal No . : 4031 Applicant: Estate of Charles Morgan Location of Affected Land: 930 Jackson : Street , New Suffolk , NY County Tax Map Item No . : 1000= 1. 17-10-6 Within 500 feet of: Town or Village Boundary Line X _ Body of Water (Bay , ' Sound or Estuary) State or County Road , Parkway ," Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County , Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requestingxR§t!trRk�(Riaaxta ` approval of location of.' existing garage structure in front yard area with setback less than 150 ft whichis less than that conditioned by prior ZBZ decision un er °nraal A97 --lithe 20 1963 Copies of Town • file .and related documents enclosed for your review. Dated : June 11 , 1991 - APPEALS BOARD MEMBERS �rlr'' �{y' SCOTTL:HARRIS Gerard P.Goehringer-Chairman ; '' �^��` Supervisor 9 'Y F1 Charles Grigonis,Jr. ¢ - Town Hall 53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Robert A.Villa r - Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 10, 1991 Joseph Fenton, Esq. 300 Jackson Street New Suffolk, NY 11956 Re: Appl. No. 4031 - Variance for Existing Accessory Garage Dear Fenton: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other- agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning Raymond C. Radigan, Esq. ,1 Page 2 - Appl . No. 1 Matter. of Estate of Charles W. Morgan Decision Rendered 'June 7 , 1991 3. The garage structure is of a size 19 ft. by 39 . ft. , is one-story in height, and is shown to be situated nine feet from the easterly side property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A. 4, and Article III, Section 100-33, provide that .accessory buildings be placed only in the required rear yard; (b) Under Appeal #576 rendered June 20, 1963, the subject accessory garage structure was permitted to be located, with.. a 150-foot setback„ (although the relief requested . at that time was 200 feet) from the front property line along Jackson Street. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the Land and are not personal in' nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood, since the. garage has extensive screening which has been established for over 27 years; (d) the relief requested in not unreasonable; (e) . the variance will not in turn be adverse to the safety, health', welfare, comfort, convenience, or order of the town, or 'be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to AMEND the prior decision of this Board under Appeal No-. 576 (dated June 20, 1963) , for the location of the accessory garage structure, as exists approximately 130 feet from the front property line along Jackson Street, and that the use of the garage structure shall continue to be accessory and incidental to the, main residential use of the premises, and shall not be .converted into residential or habitable quarters. Vote of the Board: Ayes: Messrs.. Goehringer, Grigonis, Doyen and Villa. (Member Dinizio was absent. ) This resolution was duly adopted. lk --�L GERARD P. GOEHRI OER, CHAIRMAN APPEALS BOARD MEMBERS y^''=' � ' SCOTT L.HARRIS Supervisor Gerard P. Goehringer,Chairman ' f t N Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. s P.O.Box 1179 James Dinizio,Jr. > ` Southold,New York 11971 Robert A.Villa .;` `= :'fir' Fax(516)765-1823 Telephone(516)765-1809 _ ( Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4031 : Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A.4) for approval of the location of an. existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal *576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID #1000-117-10-6. WHEREAS, a public hearing was held on June 6, 19911 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of . Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6. 2. The subject premises consists of an area of 2.137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Goldman as surveyed April 26, 1991, to be approximately 130 feet from the front property line. RECEIVEL ..ND FILED BY THE SOUTHOLD TOWN CIZmg DATE_ (",///A/ Town Clerk, Town of Southold :i I f Appl. No. 4031: Matter of ESTATE, OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A.4) for approval of the location of an existing accessory garage structure in the front yard area, with ,a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location .of. Property: 930 Jackson Street, New Suffolk, NY; Parcel Ib #1000-117-10-6. WHEREAS, a public hearing was held on June 6, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6. 2. The subject premises consists of an area of 2.137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. . G61dman as surveyed April 26, 1991, to be approximately 130 feet from the .front property line. GV er';s + 1 ^srt,^'"�.c f� 'T' "��, �I�X ^'S'� � �,n'� '�j, is ��• �,1��,,�•+'` w.� g,� $ �, � � �� ?.�1y ' MAIN ROAD .- STATE ROAD ,c 5 SDU I h9C�LD, � .I., l�l.l°. ' I i�'Tl TELEPHONE (5i6j 76 i609 ACTION OF THE: ZONING BOARD Or APPEALS f/ a 349 2 Appeal No. Application Dated Ap.ril . 9 , 1986 : ( Public Hearing . 5/22/86 ) TO: Mr . Donald A. Denis ,A I .A. [Appellant (s) l as Agent for JOYCE 'TES E s: Main Road., Box. _.565 Aquebogue , NY. 11931 At a Meeting of the,,Zoning ,Board of .Appeals held on June '25 , 1986 , 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 jX] ' Request for Variance to the. Zoninj Ordinance Article ` III Section 1�00=32 (C [ ] Request for Application of 'JOYCE''TESE fora Variance to the Zoning Ordinance', Article III ; Section 1�3-2Cfo permission to :. locate accessory three- car garage in the frontyard area , . at 8�00 Jackson Street , New Suffolk , NY ;. . .Cbunty.'--T&k .Map...Di.str.i.ct .1.000 ,. .Secti.on .1.1.7. s .Block .1.0 , .Lot .5 . WHEREAS ,. a:: public hear ng . was heId . and concluded on May 22 , 1986 in the Matter of .the Application of 'JOYCE. !TESE under Appeal No . 3492 ; and WHEREAS , the board members have personally viewed and are fami 1 i ar with, the.' premi ses i n:, que.s.ti on.,__, i is present zoning , and the surrounding areas ; and ' WHEREAS , at, sai d h.e,ar.i ng. a.l 1, those who` idesi red to be heard were. heard , a.nd their testimony was,,: recorded ; .;and WHEREAS , the board has carefully. considered all testimony . and documentation :submi tted,.,concerni ng thi s', ;app , i ca,ti.on.; . and WHEREAS , the,; board ma' g 1dings of fact: de the fin 1 . The premises i n , qu'esti o.n, i s' 1 ocate'd. al ono the south side of Jackson Street , in the . Hamlet of New Suffolk , with a Iotal a-creage of .2 . 25 acres` and road . fro.ntage, of 127 ;feet , and is more parti.cul ar.ly i denti fi ed on the',,Suf,fol k ' _County;.Tax Maps as District 1000 , Section ,117 , :Block 10 , Lot 5_a' ft . 2 . : The subject premises is located in . the "A-80 Residential and . Agri cuttur,al Zoning District and .is presently improved with a singl.e-family , .2i'story frame house-and-_garage,',.s_ tructur.e , set back approximate.l.y 390± feet from' the front' property line 37± feet from the, Iin_e delineated_ "top, of .bluf;f"„"as shown on .survey prepared March 2b ,-...1986 "by. ,Peconic Surveyor & _Engineers , P . Ce , and- minimum . si deyards o F: 64 fee,t . Al so :,exi,.sti ng i s , ;an accessory gazebo structure shown on the. subjec,t survey ,to be in .the rearyard area a distance of 18 . 8 ' from the westerly, side,, property, line : . (CONTINUED ON PAGE TWO ) DATED : June 25 , 1986 . CHAIRM.AN, , SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 ' (rev. 12/81) Page':.2 >- Appeal No . '3492; Matter of JOYCE TESE Decision Rendered June '25 ,' 1. 986 3 . By this appl,i„cation , :,appel,lant requests permiss-ion to locate 'a 24 ' by 40 ' three car. garage ;accessory to the ,residential use of •the premises for.. storage purposes an�J� having' setbacks , from the front property line at not closer than '6,1 feet and not closer than five feet to the westerly side property,. line .,. 4 . . It i s the op'i_n,ion , of the. ,board that there : i.s no other alternative ,avai 1 abl e for' 'appl i cant' :to pursue other than a variance , and ''the ,.board :zagrees :wi.,th. "the reasoning of.;the app'1 i'- cant , as noted b'elow'. In considering this appeal ; the board ' also finds and, determines : (a );"that .: suff,icient ' pr'actic.al' :diffic'uIt:ies h'ave' been shown ; ' (b ) that 't_h'e' :circumstances of 'th_e premises' 'are unique ; . (c ) there wi 11 ;be no substa'nti.al__,.change in ;,the character of . the neighborhood ' or ' de'triment to adjoining `properties (d ) that the relief requested ;is not substantial ; .. (e ), :the difficulty cannot be obviated . by some' method . feasible'. '.for appellant 'to pursue other than a variance since—the , reary.ard "b.ui1ding envelope"'; is wi thi n , 75 ' of . a .'tidal water body ; (f) that. the variance wi'11 not in . turn cause a substantial.. effect of increased population density or be adverse- to the .safety , . health , welfare , comfort , convenience and, order o'f .the , town ;. , (g ) that: in view of th,e . manner in which the difficulty 'a'ros' e and in consideration of'' a11 the above factors ,, the ,interests of justice will best be served by allowing . the variance , as ,conditionally no.t_e'd below. . Accordingly , on ' motion by Mr . Douglass , seconded by Mr . Goehringer , i.t was RESOLVED , that .permission .to locate .a.` 24 ' by: 40 ' accessory three-car garage in the frontyard area applied under Appeal . No . 3492 in the Matter of the 'App.lication of JOYCE TESE , BE AND HEREBY 'IS ' APPROVED 'SUBJECT TO ':.THE ''FOLLOWING CONDITIONS : 1 . That this 'atcessory structure. be located no closer than 10 feet from the westerly side property. line and no closer than .70 .feet from the front .p.roper�ty 1 i ne ; 2 . That thi.s , acce' ssory structure be used only for storage and garage purposes incidental to ' the principal use of the premises , and not to; be operated for gain , rental , sleeping or living quarters , 3. All water on the property shall be retained on site , and i-f necessary , storm `drains or d:r'ywell_s shall be - installed on the. south and. west sides of t h i s'_bui..ldi ng.. . . Vote of the. Board :; Ayes : Messrs . Goehringer , Grigonis, Douglass and Sawicki .. (Member Doyen was absent . ), .This resolu- tion was duly adopted . .. J 1 k d 4R- R D `G O H I N R rX1 R N , 9 per• July .15 , 1986 STATE OF NEW YORK ) ) ss. . COUNTY OF SUFFOLK ) Joseph Fenton, being duly sworn, deposes and says that: 1. He is an attorney, duly admitted to practice in the state of New York. 2 . He represents the Estate of Charles W. Morgan. 3 . He makes this affidavit in connection with the application of the Estate for a variance or to amend an earlier variance with respect to location of an accessory structure at 930 Jackson Street, New Suffolk, town of Southold, New York before the Board of Appeals. 4. He spoke to James Connor and Vincent Tese the owners of each of the properties which abut 930 Jackson Street, Connor on June 5, 1991, and Tese on June 6, 1991, each of whom stated without reservation that they prefer that the accessory structure in question (a garage and storage building) be left where it is presently located, and each authorized him to so report to the Board. Sworn to before me this 7th day of June, 1991. Notary Public THERESA M.13ELUMA Notary PubUc,Stato of New Yock No.4753196 Qualified In Suffolk County Commission E*os.Fab.28r12M. APPEALS BOARD MEMBERS � T SCOTT L. HARRIS • Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr.' '701 y1� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Dinizivo,, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone(516) 765'IA9 TOWN OF SOUTHOLD Telephone (516) 765-1800 May 23 , 1991 S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4031 Project/Applicants: Goldman/Estate Charles Morgan 'County Tax Map No. 1000- 117-10-6 Location of Project: 930 Jackson St. , New Suffolk , NY Relief Requested/Jurisdiction Before This. Board in this Project: Locate existing accessory garage structure in front yard area with setback at less than previous condition of ZBA decision under Appeal #576 This Notice is issued pursuant to Part 617 of the ' implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the. Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the, Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr ip APPEALS BOARD MEMBERS 'J "" ' ' ' SCOTT L.HARRIS � .-�'`�s� �s.sti' r Gerard P.Goehringer,Chairm4n ,{.','(� � � Supervisor Charles Grigonis,Jr. h _ ( Town Hall 53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A.Villa ' Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OAF SOUTHOLD TRANSCRIPT OF PUBLIC HEARING HELD ON JUNE 7 , 1991 Appl. No. 4031 — ESTATE OF CHARLES MORGAN. The hearing opened at 8: 25 p .m. The Chairman read the legal notice for the record and the application before receiving testimony. CHAIRMAN: This garage is approximately 130 feet from Jackson's Landing, I think the prior decision said it had to be 150 feet. And the survey was produced by Roderick .VanTuyl, P.C. dated April 26, 1991. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? How do you do, sir? JOSEPH FETTON: . My name is Joseph Fetton, if it weld please the Board. 300 Jackson St. , New Suffolk. Ray Radigan, who made this application, and I are the attorneys for the Estate, but because I 'm a neighbor as well and I 've known Mr. Morgan, or knew Mr. Morgan for-more than 50 years and I 've been his neighbor for more than 25 years, and I'm familiar with the property, I 'm appearing in behalf of the Estate. Since there' s nobody left alive to apologize, I ' ll apologize for the fact that this accessory structure is 130 feet from the property line when it should have been 150 feet. Mr. Morgan was a very meticulous person. He was himself a developer. He helped develop Eastern Shores Development here. He was a very fine man, and I want to assure the board that he was not the kind of person who would flout a decision that you made. I can't Page 2 - Appl. No. 4031 Matter of the Estate of Charles Morgan Hearing Transcript of June 7 , 1991 MR. FETTON: explain it. I 've researched to the best of my ability. I spoke to Joe Deerkoski who did the -- what happened here was there was a house, a smaller house that Mr. Morgan bought from Mary Reichert. And he wanted to put two wings on the house, and one of them -- there was an accessory building. A garage and storage shed which was in the way so that it had to be moved. So he came to this board and he asked for--made an application to move it. Deerkoski said he had nothing to do with the moving. He wasn't sure who did the moving. He thinks it was Frank Zanesk i. CHAIRMAN GOEHRINGER: Zaleski. MR. FETTON: Zaleski, but he 's not sure. And he thinks what may have happened is that Mr. Morgan, who was then living in Douglaston and who wasn't here all the time told him, "make sure the garage is 150 feet from the property line. " The garage is 150 feet, but the other part of that building which is 20 feet brought it to 130 feet. But I 'm speculating. Now. Where we ' re at now, the property was sold on May lst, we agreed-the Estate agreed that it would use its best efforts to get a Certificate of Occupancy. We had a Certificate for the work that was done by Deerkoski. When we asked for the Certificate for the accessory building, they asked that -- the Building Dept. asked for a survey. We provided the up-to-date survey.. They saw what had happened here, and they said the way to go is to ask you people for an amended variance or a variance which permits the structure where it is. I then contacted, and of course by this procedure the two adjoining property owners, James Connor and Vincent Tese had to be notified. Both were notified. I 've spoken to both; they' re my friends and neighbors. Each one has authorized me to state to you that they would prefer the accessory building to stay where it is rather than move it 20 feet. And I have prepared an affidavit -- I 'd like to submit which sets forth this fact. CHAIRMAN: (Receiving affidavit) Thank you. MR. FETTON: As far as the practical difficulties that are Page 3 - Appl. No. 4031 Matter of the Estate of Charles Morgan Hearing Transcript of June 7 , 1991 ME. FETTON, continued: �. involved here, some of them are obvious . There 's a cost involved. We 're trying to settle an Estate. We have a widow who' s in a wheelchair and she can use all the money she can get. And we 'have money that' s been set aside to take care of the possibility to move structure. We have a perfect elipse. The road comes in and then it goes around in front of the house. And if we move the garage so that it is 150 feet, it' s going to encroach on that elipse and that will require us to move the asphalt paving, destroy the symmetry, take down some trees, and relocate a pump closer. But we may be able to leave the well where it is. It's a lot of work and I 'd like to point out the surrounding situation, because if you start at Kimogenor Point which is at the western end of Jackson Street. There 's a row of garages, 11 garages. They start one foot from the property line. And I had some;°'pictures that will demonstrate this. The next one - The Dill property, that' s about 70 feet. Tese is 70 feet; I 'd like to talk about that a bit more because about five years ago you people gave him a variance. And permitted it 70 feet. Gehring is under 50 feet, he ' s to -the east. Marvin is 50 ft. Manning is 15 feet. And just east of Manning the garage is incorporated into a house and that' s also :"about 15 feet. It's almost right on the road. MR. RADIGAN: -- These are the original pictures. MR. FETTON: My garage is the only one that is further away than 150 feet. And that' s part of a nonconforming building because there are two houses on that property but that goes back 75 or 80 year: , and that's not pertinent. I just wanted to point out that of all of the accessory structures on the street and I don't have to tell you that we 're talking about waterfront property. And the front is the back yard on all waterfront property, and" that is why you have as many appli- cations as you do with respect to it. Nobody is goimg to build a garage on the water side or--almost nobody. So they will go here. The logical place is where the garage is. It' s in a gulley. , It' s unobtrusive. If you look at these Page 4 - Appl. No. 4031 (Morgan Lstate) June 7., 1991 Hearing + MR. FETTON, continued: pictures, you' ll clearly see that it' s been landscaped with rhododendroms so it' s --you pan't see it, from the road. It' s yearround that way because they're evergreens. I don't think any practical purpose would be served to require the moving of the structure the 20 feet. To sum it up, I guess the -- I would like you to determine as a inatter of fact that there is sufficient practical difficulties here. That the circumstances are unique. That no material change in the character of the neighborhood or detriment to the adjoining property will take place by this variance or an amendment to it. Particularly since we asked that the existing structure stay 4here it' s been for more than 25 years. The problem cannot be easily alleviated except by considerablt expense and changes affecting the adjoiningrproperty, and it' s in keeping or exceeds existing variances or conditions. The variance will not change population density or affect safey, health, welfare, comfort or convenience of the town. And the circumstances surrn unding the problem and the simplicity oz the solution suggests that the interests of justice will be best served by santifying the existing situation, taking notes of the fact that 20 feet out of 150 feet is less than 15/. Leaving the accessory building almost twice as far as any other such building on the block. Thank you for your courtesy. CHAIRMAN: Thank you, Mr. Fetton. Is there anybody else either for or against? MR. FETTON: We 'd like to submit the Tese decision to you. CHAIRMAN: Surely. Thank you. MR. FETTON: I would also like to point out that the Estate fax Return is due July 5th and we 'd like to settle the estate. CHAIRMAN: Mr. Fetton, what did you say the Dill house garage was--the distance? MR. FETTON: I didn' t mark it off, but it's on a line with the Tese one and that' 3 70 feet. So I'd say it' s 70. It looks closer if you look at the picture here. CHAIRMAN: Yes, it does. That' s why I asked. I don't think I was on the board when we did -the Dill one. + Page 5 - Appl. No. 4031 (Morgan 'state,) June � y 1991 Hearing MR. FETTON: I think Dill did his before the law was changed- 1957. Maybe. That ' s my recollection. CHAIRMAN: Does anyone have any objections? Anyone to speak either for or against? (None) Seeing no hands. I ' ll make a motion to amend the original decision which stated a minimum of 150 feet -Co 130 feet and thereby granting this particular accessory structure to be used only for accessory purposes incidental to the main dwelling of the house at 130 feat. MF24BER VILLA: Second. (See findings of fact and r_cisolution in Minutes and filed with Town Clerk' s Office. ) inda Kowalsk ' , Board Clerk L SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of- Southold,the following additional matters will be held for public hear- ings before the SOUTHOLD TOWN ------ BOARD OF APPEALS at the STATE OF NEW YOR Southold�'r��t-tAtt,Main Road; K Southold,NY 11971,on FRIDAY, )SS: NNE 7, 1991,commencing at the COUNTY OF SUFFOLK) times specified below: -12r..N--`-�xiie• \ULCULdJ.V�I(.�Y� VYua• /' �� 8A5 P.M Appl.No.4022-CEL. LEPHONE COMPANY [�" I�—ii of Mattituck, in LULAR TE WA METRO ONE.Continued hear- said County, being duly sworn,says that he/she Is Principal 7°$1°the rtqueac for special lion Exc Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, approval under Amide VHI;Sec.' lion 100-81BQ d Article ID.Sec_ published at Mattituck, in the Town of Southold, County of tion 100-3113(6)for an unmanned Suffolk and State of New York,and that the Notice of which telecommunications building in an existing concrete block building and the annexed is a printed copy,has been regularly published in construction of a-104-ft. high said Newspaper once each week for ( monopole radio tower with antenna weeks for transmitting and receiving s cessiveiy, comment ng on the day of signals . provide services. cellular telephone 19 q f Location of Property:415 Elijah's Lane,Mattituck,NY; also shown on Planning Board Map of May 15,1990-Map No 8937;Paruxl ID M1000-108-4-I1.1(part of 11). 07k(ZO 8:25 p.m. Appl. No. 4031 ESTATE OF CHARLES MORGAN Request for Variance approving the Principal Clerk location of an existing accessory_ gara8e structure in the front yard area, with a setback at less than that condi- tioned by prior ZBA decision ren- dered June 20, 1963 under A Sworn to before me this tl576.Location Appeal son Stree Property:Y.-P k- day of t,New Suffolk,NY;Parcel yGst.srs( ID ik1000-117-10-6. The Board of Appeals will pC�ikS E,nFtil,ia::triiiiiSliA! time and place he any and all r d tiA PufZle,Stata Of iVsw Yotk ar sacs or representatives desiring to be tlfo.5,A4Cz2%•Suffolk Caitdy heard in the above matters.Written GTiTi comments may also be submitted Prior to the conclusion of the sub '.roaring. Each heari ject ng will not start before the times designated abo.... ?or more infomnation;please call '65-18W. . )aced:May 16,1991. s ;. BY ORDER OF THE SOUTHOLD . -.TOWN BOARD OF APPEALS GERARD P. . GOEHRINGER CHAIRMAN 63-ITM23 By Linda Kowalski Y 1 COUNTY OF SUFFOLK - SUPPLEMENTAL ss S'I'A'I'I: Of= NEW YOfZK NOTICE OF HEARINGS 1 NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of Patricia Wood,' being duly sworn, says that she is the The Town Law and the Code of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town of Southold, the a public newspaper printed at Southold, in Suffolk County; following additional matters will be held for public hearings and that the notice of which the annexed is a printed copy, before the SOUTHOLD TOWN has been ,I1ubIiShCd in said Long Island Traveler-Watchman BOARD OF APPEALS at the once each week for . . . . . . . . . . . . . . . . . . . . . / . . . . weeks Southold Town Hall, Main ,Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, com- successively, commencing; on the . . . . . . . . . . . . . . . . . . . . . . mencing at the times specified below: 8:05 p.m. Appl. No .4022- d a y o 1' . . . . . . . . ./. !/.� . . . . ., 19 r7A . CELLULAR TELEPHONE COMPANY d/b/a METRO -ONE.Continued hearing in the • ' ' • ' ' ' • ' ' • ' ' . ' ' . ' . . request for,, Special Exception approval under Article VIII, Section 100-81B(1),and Article III, Section 100-31B(6) for an Sworn to before me this . . . . . . . . . . . . . clay of unmanned telecommunications building in an existing concrete 7,, block building and construction.,, !.!� 1 ��. . of a 104-ft.high monopole radio tower with antenna for transmit- ting and receiving radio signals to provide cellular telephone ser- vices.Location of Property:415- / � �G�` Elijah's Lane, Mattituck, NY, . ..• . . . . . . . . . . • . . •f • • • • • • also shown on Planning Board Notary Public Map of Map 15, 1990,Map No. BARBARAA. SCHNEIDER 8937; parcel, ID No. NOTARY PUBLIC, St^te of New York 1000-108-4-I1.1 (part of 11). No. 4806846 8:25 p.m. Appl. No. 40 Qualified in Suffolk Coynty ESTATE OF CHARLES MOR Commission Expires 91,11 GAN.Request for variance ap- proving the location of an ex- ' isting accessory garage structure in the front yard,with a setback at less than that conditioned by ' prior.ZBA decision rendered June 20,1963 under Appeal No. 576. Location of Property: 930 Jackson Street, New Suffolk, NY;Parcel ID No. 1000-117-10-6. The Board of Appeals will at said time and place hear any and all persons or representatives b desiring to be heard in each of the above matters.Written com- ments may also be submitted prior to the conclusion of,the subject hearing. Each hearing will not start before the times- designated above. For more in- ormation,please call 765-1809. . ated: May 16, 1991 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-5/23/91(72)- �FFOL� ��5 CpGy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK =2 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS C=- r1m Southold, New York 11971 MARRIAGE OFFICER • Fax (516) 765-1823 O� Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL #4031, ESTATE OF CHARLES W. MORGAN DATED: MAY 16, 1991 Transmitted is application for variance submitted by Raymond C. Radigan, Attorney, on behalf of the ESTATE OF CHARLES W. MORGAN together with notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Inspector; and three (3) copies of survey of property. . a4.16-4 0871—text 12 PROJECT I.D.NUMBER 617.21 L SCAR Appendix C State Environmental Quality RevieW SHORT ENVIRONMENTAL ASSESSMEINT FORM for UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR Estate of Charles W. Morgan 2. PROJECT NAME 3. PROJECT LOCATION: Municioauty New Suffolk County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,e c.,or Provide map) 930 Jackson Street New Suffolk,• NY 5. IS PROPOSED ACTION: Now ❑Expansion ❑Modification/alterallon X Permit garage to 6.' 3CRI remain in :its res DEBE PROJECT BRIEFLY: a n. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?. ❑Yes ®No It NO."describe brie!!y, Artirequires le III Sect on .100-33 0 . the Town of Sout old Code in the rear yard. On'Mag 31, 1963qu- varianceawas ranted pertnittin his garage no closer that 150 feet from the frontaccessory ��uildings (garages�be located the garage itself is located 150 Yeet• from the Jacksong Mr. Morgan to relocat line of the''property; As a matter of fac 9. WHAT IS PRESENT'LAND USE IN VICINITY OF PROJECT? ** ®Residential Industrial U11 Agriculture C]Commercial a Park/Forest/Open space ®Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? Yes ®No If yes,list agency(s)and permit approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ONO I!yeS,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ®No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST,OF MY KNOWLEDGE ' APPlicantlsponsor nam �V '� Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete.the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) **.hi,s contractor understood the variance fo re`qu re'; -However;. the-accessory building, consists of a garage and a separate 42'0.'f6ot+:pump: ,:house-storage' :room; which-•brings, the entire structure to 130 .feet of the property 1irie, 'and wherefore, appears to cons'titute-' a"vidlation. - ' The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will Ue made es this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions- in this short EAF it is assumed that the preparer will use currently. available information concerning project and the likely impacts of the action. It is the expected that additional studies, research or other investiga not ex tions will be undertaken. • (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes x NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes x 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 impact groundwater quality? -Yes x No 5. Will .project significantly,effect drainage flow on .adjacent sites? r ••Yes ' XNo 6o Will project affect any threatened or endangered: plant or animal species? _Yes xNo 7. Will project result in a major adverse effect on air quality? __Yes xNo 8- Will project have a major effect on visual char- acter 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, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? - Yes No 10. . • 10. Will project have a major effect on existing or future recreational opportunities? ' _ayes x No 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- ance as a result of the project's operation? ,__Yes XNo 13. Will project have any impact on public health or safety? .Yes _xNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes x period or have a major negative effect on the No character of the community or neighborhood? 15. Is there4ofC ' co rover project? oncerning the __Yes X No qp= Prepareros Signature: Representing: Estate ees W. Morg [' Z9A 'J/75 Date- v , I i' TOWN- OFF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD 'OF APPEALS DATE a'rt11f@ 2O, 1963 Appeal No. 576 Dated may 31, 1%3 ACTION OF THIS ZONING BOARD OF APPEALS OF THE TOWN OF SOUfTHOLD Zb Charles W. Morgue Appellant Jackson street New Suffolk, NQW YOZk at a meetirg of the Zoning Board of Appeals on Thursday. June 20, 1963 the appeal was considered and the ,action.indicated below was taken on your t. Request for variance -due to lack of access to property ( ) Request for a special -exception under the Zoning Ordinance (X) Requesb 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 'R 7a 45 P.M* (E.De S.T.)a• upon applAcatiOn Of,Charles 'G & X0X9an* Jackson Streete New Suffolk* New York, for a variance in accordance with the Zoning Ordinance, Article-ZT:t, Section 300, Subsection 7, for permission to erect an accessory building in the front yard area appr =Irately 200 feat frOM the groat property line- Location of propertys south sideJackson streetr New Suffolk. New York, botmded north by Jackson street, t 1 1v James L. Connore rental by Pecanic Bay and west by William J. Baxtero- 2. VARTANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SM 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 sm RN $ (c) The var'ance (does) (does not) .observe the spirit of the Ordinance and (would) (would not) change :the character of the district because SM REVEM and therefore, it was further determined that tihe requested variance ( ) be granted ( ) be.denied and that the previous decisions of the Building Inspector ( ) .be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 Judith T. Bokene Secretary (Continued from front) After investigation and inspection the Board finds that there would definitely be a practical difficulty involved if a garage were to be placed in the rear yard, as most of the Douses along this road are so placed that a garage must be located on the road front.. There are garages on various properties adjacent and the Board feels that this applicant should be granted a varianc% This garage would be located further back as the property than most of the other garages. the Board finds that the strict application of the ordinance will produce practical difficulties or unnecessary hardships the bards ip created is unique and mould not be shared by all properties alike imediate vicinity of this property and in the same use districts .and the variance does observe the spirit of the ordinance and will not change the character of the district. Therefore it was• RESOLVED that Marless W. Morgan be granted permission to locate an accessory building in the front yard area ofhis property at leant 130 ft, from the front property line on j`ackson Street* This property is located on the south side of Jackson StreeC Now Suf folk a Now York, ( . I A-C n gRIDiC C* 7/ 1 1 I LP HD � 1 f A—C B, [- . R 83 g F s '— 5 QO 1 J i 3 MAIN 1CHOW ' / A—C. P L - _ 0.- qF'S Sy t Wickham s Creek " Downs Creek .a—C \ A—`r' D Q R- AN O ap ' CIRIV[ � Rp WCS/ k Wu, R Creek 0 o cc F 5 \ tT v •IMr•,E/•FT. •. NEW SUFFOLK SEE SEC NO 110 z ....__LINE -_- I - FOR PARCEL No, 4 SEE SE oll-Ce-4 3.1 A WI RI V ... TUTHIL AD. ... .. pe s 4M" 45A[c) o', cl '9 PARCEL No SEC No 13 cs- _C3-oo:'6 GIB r A 4 IAI,) to GEORGm Is .2 HARBOR cUTCHoGUE IS I S 20 c.. • 41 5 F1 "ANN,. .... 3. W to SEE SEC. No 13, 12 "1 So. '0 ,j%4 AWI.OPId 00 o A E' 31 2 • A 2t AvE. 19 &5-W. s 9 NE u OLK U G T z 2'At" 4 W JACKSo ST. 20.9. 1-3 4.1 0 6to Z 2.1AW I.8A( /e,) IIICCCJJJ BAY PECOAf1C GREAT No 134 11.1 400 .........=_"' �E F SUFFOLK KE—At' (D COUNTY 0 Real Property Tax Service Agency Center I.,New York F.. Riv rh Is .,CHAEL BAKER,JR. C_,.r A,Y"12 WIN-- n Iplel C.L" 01.1 7 1�1 R.J— I i -- I i I IJ � Orly•�•�! - - ... - __- � TO j I r r i i � r I / \ i t�' .F � r / `:fd fli! I r ft; '✓ j 7 j % i w ? ` �( C2� • :'Q► I � ! I ----'— mo. v I I� I h I 12 i : (_ r I �, � to�•e:�•.__„id tr��r--�;.. ! t, UJ I ✓ i lu „u2run Ifr J:1'_.1"ILn its .` l l� LLZ77 i iv a i?ic'n:r in&:iiutlons or suJ:,;,uorc ! �� (^l 4 Own, .3. 1 I !• ci ci V ` a I j Its ' L—; — IV2 5TOfZY FrZ. Ho. F: •. 2,[3' AC '�T -7 I i -__- �c�c. i uj j tl'•.� �I, - �� I �•, - err I tr1 d.`_U F.- :,O_TA_ MA._F� A-TA i 000' 7-i _G 4 ! ` { MAY 1 61991 1 j 1 � I�I I. j e r �^.r-, �.. r �i ' i "j r...' .� sia�laati".�',�?'�` �`,n `� ``� _ ' t•,� 5 j j `�'ME Ml.GAa G i'l�f' i14_�f 4 _ f r r z� r•- (� t. r t � �. a, p•r ! i Ar I a Ay 1 i i 1 { ! BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Estate� of Charles'W. Morgan. NOTICE TO to the Board of Appeals of the Town of'Southold ADJACENT . TO: James L. Connor PROPERTY OWNER Jackson Street ; NetaSuffolk, NY 11956 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of tfie Town of Southold to request a ariance owo xanapzi4q4 (9VxiraJA3mP (CKtx)ntw) :(circ le choice] i 2. That the property whichtis the subject of the Petition is located adjacent to your property and is des- cribed as follows: a garage located in the front of Goldmdals-=party 930 Jackson Street. 3. That the property which.is the subject of such Petition is located in the following zoning district: District 1000, Section 117i Block 10 'Lot 6' i 4 That b� such Petition, the undersigned will request the following relief: To request a variance so that the garage can remain in' its current location, 130 feet from the front property .line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sough[ by the under signed are Article III Section 100-33 approval of access over rights)-of=way. Section 280=A; New York Town Law for 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 i examine the same during regular office hours. (51,6): 7t?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 th,e date of such hearing in the Suffolk Times and in the'Loitg Island Traveler-Mit'tituck Watchman; newspapers published in the . Town of Southold and designated for the publication of such riotices; that yo or your representative have the right to appear and be heard at such hearing. Dated: ' .,.May 16, 1991 :+ Petitioner mond .C. Radig , as attorney for the Owners Names ' Estate of Charles W. Morgan Post Office Address 1865 Highland Road Cutchogue, NY . 11935 Tel . No . ( 516 >.); 298-8940 . [Copy of sketch or plan showing proposal to be attached for convenience. purposes : ] , ' ' PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM 'ADDRESS' 1 i r f a. f �� ii., >�ji • .,'� .I Ii :'S 'J .1 4.11. N ._.t.":I:`..'..! .. . ... A•L si STATE OF NEW YORK ) :. •.Iz , . . :} , r , E" f COUNTY OF SUFFOLK) Ss.: J '. d .. EFi �•f li � �1•�:I IY- r T I� .'i 1. i� ' ' a ',.'. 1.. ,...i ;a .1 , ..i.: '.•yy .. , .I ... Raymond C• Radigan 't ;:' � ,I 'ir ''residing,at, „1865 Highland Road; Cutcliogue, New York a{ . : ,,•; ng.' ?' '.?`'� hero dul Sworn deposits•and sa s that on the 16 day . g Y: y., of "'f' May, as ?'; 19' 91 ;;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,oppcsite 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 f fice at Mattittick '''� i ' ;that said Notices w ailed to each aid persons .y (certified).(registered),mail f' Sworn to before me this 16 I .. • ymond C. Radiga day of Ma ,:19 91. Notary,Publi 'pot!!;8i�le of t�rf�1:��^it� j;� r i . 1' .('.; t i' I f c ( This side does ,not have to be `completed on form transmitted to adjoining property owner.s.. ) ' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Estate of Charles-W. Morgan NOTICE. . ai TO to the Board of Appeals of the Town of Southold ADJACENT TO: Vincent and Joyce Tese PROPERTY OWNER ; Jackson Street New Suffolk, NY 11956 YOU ARE HEREBY GIVEN NOTICE: 1.That it isjbe intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ( arianc (_pTUftIxff (S cifat)Rmuni0 ((xzh-ax) [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: a garage located in the front of Goldman's property, 930 Jackson Street. 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000, Section 117 Block 10i Lot 6 .r 4 That b} such Petition, the undersigned will request the following relief: To request a variance so that the garage can remain in its current location, • 130 feet from the front property.l:ine. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100=33 j ] Section 280=A, New York Town Law for approval of access over rights)-of-way. 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 exafttine the same during regular office hours. (516) 7E 5-1809: i 7.,That before I.the,relief.sought,may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published•at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for'the publication of such notices;,that you or your representative have the right to appear and be heard at such hearing. Dated: May'16; 1991 , y, Petitioner Aaymond .c. a igan, as attorney for the Owners Names • Estate of Charles W. Morgan Post Office Address 1865 Highland Road Cutchogue, NT, 11935 Tel . No. ( 516 ) 298-8940 [Copy of sketch or plan showing proposal to be attached for convenience purposes .'] j; PROOF OP MAILING OF NOTICE . 1 ' ATTACH CERTIFIED MAIL RECEIPTS j. : . NAMEADDRESS . STATE OF NEW YORiC ) COUNTY OF SUFFOLK ) ss.: f` 1865 Hi hlaiid Road, . Cutcho ue, New York Raymond G Radigan residing at,' g g being duly sworn, deposes rand says that on the 16, day of " May . , 19 91 , 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- . fce at Mattituek t ;that said Notices wer 1 d to each of 'd persons by (certified) (registered),mail. .� Ra nd C. Radigan Sworn to before the this 16 of Ma , 19 91 2 .,,• ,.• Notary P lie.7.vf CAT9�EAt�E A:MAGIMM 6�olary Pu!lie,SUe of Now York (�tta.4i ed iz aitf€ Ik t;cuafy Cmitsioa Expires Miy 14,19� &-a . . ( This side does not have to be completed on .form transmitted to adjoining wners , property 0 ) � I � `•:►� 4'y � �.� ,^ k�. 'tic''. 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