HomeMy WebLinkAbout3607
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ONSouthold Town Board of pDpD e a ls
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3607
Application Dated January 13 , 1987
TO: [Appellant (s) ]
William D. Moore , Esq . as Attorney
for JAMES P . O"NEILL AND PETER J . McSHERRY
Main Road ; Box 23
Mattituck , NY 11952
At a Meeting of the Zoning Board of Appeals held on March 3 , 1988 ,
the above appeal was considered, and the action indicated below was taken
on your
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , Section 100-31 , Bulk Schedule
[ ] Request for
Application of JAMES O ' NEILL and PETER McSHERRY for Variances to
the Zoning Ordinance , Article I.II , Section -3 , Bulk Schedule , for
approval of insufficient area , width and depth of two proposed par-
cels , each with an existing dwelling , located at the corner of the
N/s Wiggins Street and the W/s Eighth Street , Greenport , NY ; Map of
S . Buel Corwin (1885 ) Lots 28 and 29; County Tax Map District 1000 ,
.Section .48 , .Block 1 , .Lot 22 .
WHEREAS , public hearings were held on February 18 , 1988 and
March 3 , 1988 in the Matter of the Application of JAMES O ' NEILL
and PETER McSHERRY under Appl.. No . 3607 ; and
WHEREAS , at said hearing all . thos.e 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 shown on the Suffolk County
Tax Maps as District 1000 , Section 48 , Block 01 , Lot 22 containing
a total area of 12 ,460 sq . ft. with 100 . 41 ft . frontage along
the north side of Wiggins Street and 125 . 13 ft. frontage along
the west side of Eighth Street , Greenport , Town of Southold . The
subject premises is also referred to as Lot #28 and #29 on the
1885 Filed Map of "S . Buel Corwin at Greenport . "
2 . Existing upon the premises in question are three
structures as follows : (a ) 12-story frame single-family dwelling
structure located at the extreme southwest corner of the premises
having nonconforming setbacks ; (b ) 2-story frame , single-family
dwelling structure located 28± feet to the south of the northerly
property line also having insufficient setbacks ; (c ) accessory
(CONTINUED ON PAGE TWO )
DATED: March 23 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl . No . 3607
Matter of JAMES P . O ' NEILL & ANO .
.Decision Rendered March 3 , 1988
garage structure ; all as depicted on survey prepared by Roderick
VanTuyl , P . C . mapped July 30 , 1984 ,; and as indicated by Certifi -
cate of Occupancy #Z7458 dated January 7 , 1977 and #Z7457 dated
January 7 , 1977 .
3 . By this application , appellants request approval of
the insufficient lot area and width of two parcels in this
pending division of land as more particularly shown on survey
amended March 3 , 1988 , prepared by Roderick VanTuyl , P . C. as
follows: (a ) proposed Lot #1 of 9 ,232 sq . ft. in area and
125 . 13 ft. frontage [width] along the west side of Eighth
Street with one existing dwelling and accessory garage
structures ; and (b ) proposed Lot #2 of 3 ,228 sq . ft .
and 50 . 21 ft . frontage [width] along the north side of
Wiggins Street with an existing dwelling structure .
4. For the record it is noted that the premises was
acquired on August 31 , 1982 by the applications by Deed at
Liber 9236 cp 83 .
5 . In viewing the area , the Board finds a majority of
parcels containing an area of at least 12 ,500 sq . ft .
6 . Article III , Section 100-31 , Bulk Schedule of the
Zoning Code requires a minimum lot area of 80 ,000 sq . ft .
and lot width of 175 feet . The percentage of relief
requested by this application is substantial in relation
to these requirements .
7 . It is also noted for the record (a ) that each
parcel is and will continue to be serviced via the Village
of Greenport water main ; (b ) that application (s ) are
pending with the Suffolk County Department of Health
Services concerning the revised land-division and are
temporarily being held in abeyance pending the action
by this Board [see Health Services letter dated January 25 ,
1988 , Bureau of Wastewater Management] ; (c ) there is
no record of final approval by the Planning Board at
this point in time as regulated by Chapter 106 , Subdivi -
sions of the Town Code ; (d ) there do not appear to
have been_ any other splits or conveyances of this
property.
8. It is the position of the Board that the
variances as requested must be denied since the relief
requested is not the minimal necessary. However , the
Board finds that the following alternative relief is
feasible , in light of all the above circumstances , and
for the following reasons :
(a ) the area has been designated on the pending
Master Plan Revisions for a minimum lot area of 40 ,000
sq ft . ;
(b ) most of the lots in the immediate area
consist of parcels of at least 12 ,500± sq . ft . ;
(c ) there will be no effect of increased
density since there are two existing dwellings , one
proposed for each parcel,
Page 3 - Appl . No . 3607
Matter of JAMES P . O ' NEILL & ANO.
Decision Rendered March 3 , 1988
(d ) a substantial detriment will not be
produced in the character of the neighborhood or to
adjoining properties ;
(e ) the difficulty cannot be obviated by some
method feasible for appellant to pursue , other than a
variance .
Accordingly , on motion by Mr . Goehringer ,
seconded by Mr . Douglass , it was
RESOLVED , to DENY the relief as requested in the
Matter of JAMES O ' NEILL and PETER McSHERRY under Appeal
No . 3607 ; and
BE IT FURTHER RESOLVED , to GRANT alternative
relief in the Matter of JAMES O ' NEILL and PETER McSHERRY
under Appl . No . 3607 , for a minimum lot area of 5 ,000 sq .
ft . each for proposed Parcels #1 and #2 , not to exceed
one single-family dwelling use , and frontage each of 50 . 21 ft .
minimum .
Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Doyen and Douglass , (Member Sawicki was absent . )
This resolution was duly adopted .
1 k od
- �..�
GERARD P . GOEHRINGER, CHAIRMAN
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DateA)4�.�. -�? lam. . . . . . . ., 19 y(,.
To g . �:. l!/�'o y .�'. ( -..;ao p, A.)A,c,(,L
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . fig - - - . . ,/. 5„ 1 g ?� b
for permit to-atet . � ". .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property ¢i Ns str. t .310 .. ,q csor.�+
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . . . Block . . . . .0;�� . . . . . . I.ot . . .:)-?-. . . . . . .
Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved bill the following grounds Clt S,u. _. . -V -. . ,/o(. - s b
,t-�• �/ G}A . . ..�YL:a'?. CtriJ� . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _
`. . . � ��
Building Inspector
RV 1/80
FORM NO.3
f
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date . . . . . . . . August. 15. . . . . . . . .. 19 04. . .
To ,Proper-T Services (a/c McSherry & O'Neill, owners)
P.O. Box 617
. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .
Cutchogue, NY 11935
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated .&1y,26. . . . . . . . . . . . . . . . 1994 . . .
approval of subdivision property is improved with two dwelling structures,
for��iaxixfx4tic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property . . . 6$6. Wiggicl5 $t,, Ood.Westerly_side.of.8th.St, .Greenport . . . . .
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . 4$. . . . . . . . Block . . . . .01. . . . . . . Lot . . . . .?? . . . . . . .
Subdivision none, , , , , , , , , , , , , Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Action. required. by. Bpprd, pf, Appppls; . . . .Article IIIA, ,Sec, 100-32 and Sec: 100-30A.2.
Proposed subdivision requires 40,000 sq: ft. of land area per dwelling use;
proposed three dwelling units requires 120,000 sq. ft. Note: Property
is conditioned by Appeal No. 3607 by the Board of Appeals for a single-family use
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on each of the two proposed lots.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Action also required. by PlanninP.Board.as Per Chapter. 106.. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
RV 1/80
_i UiNN OF SOU I HULU
6 ;9{�z? BUILDING DEPARTMENT SEPTIC . FORM . . . . . . . . . . . . . . . .
- °� TOWN HALL
BLpG.pEP7 SOUTHOLD, N.Y. 11971 NOTIFY
rowNOFSOuIHOLD �' TEL.:.765-1802 CALL . . . . . . . . . . . . . . . . . . . . .
MAIL TO :
examined . . . . . . . . . . . . . . . .. 19 . . .
approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . .
Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date . . . . . . .July .??. . ., 1994.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
;ets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
)r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
:ation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector:
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspections.
PROPER-T SERVICES . . .(S-'r t.ure. . . applicant, or name, if a corporation)
James E. Fitzgerald,Jr.
P.O. Sox 617, Cutchogue, NY 11935 • • • . • • . . . . , ,
Phone: (516) 734.5800 (Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
. . . . . . . . . . . . . . . . . . . . . . .Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of owner of premises .Peter •J,. MaSherry• and -James P•.• •O!Nei•1.1• • • • • • • • • • • • • • • • • • • • • • • • • • •
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name and title of corporate officer)
Builder's License No. . . . . . N/A, , , • , • „ • • , , , • „
Plumber's License No. . . . , N/A•
Electrician's License No. X/•A• • • • •
Other Trade's License No. . N/A, , , , , , , , , , , , , , , ,
1. Location of land on.which proposed work will be done. . , 635• Wiggins Street, and , , , , , • • , , , , • , , , , , .
. . 220 Eighth. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Greenport
House Number Street Hamlet
County Tax Map No. 1000 Section . . . . . . 4.8 . . . . . . . . Block . . . . . .01 . . . . . . . . . . Lot . . . .22.. . . . . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. Lot . . . . . . . . . . . . . . .
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ,Singl,e ,1pt, .with .2 .dwsllirng�s.;. . , one-family 1 •two,—family,
b. Intended use and occupancy Suibdtuisian •intrl •2• separats •lots.;. .1 .w�.th .one..family • • • • •
dwelling and 1 with two—family dwelling.
Addition • • .
3. Nature of work (check which applicable): New Building • • • • • • • • . .• • Work
Removal . . . . Demolition Other
Repair . . . . . . . . . . . . . . . . . . . . . . . (Descriptioi ^..
Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(to be paid on filing this application)
`\ . . . . . . . . . . . . . . .
Number of dwelling units on each floor
5. If dwelling,number-of dwelling units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If garage, number of cars . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . .
. . . . .
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use Depth . . . . . . . . . . . . .
structures, if an . . . Rear . . . . . . . . '
7. Dimensions of existing stru y: Front . . . .'. . . . . , . • • ' : : : • • . . . • , , • , . . . . .
Height . . . . . . . . . . . . . . :Number of Stories . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rear
Dimensions of same structure with alterations or additions: Front • ' . Number of Stories . . . • • • • • • •
Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . .
8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . , . . . • . . • .
Height . . . . . . . . . . . . . . .Number of Stories . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . .
9. Size of lot: Front . . . . . . . . . . . . . . . . . 6 . . . . Rear . . . . . . . . . . . . . .10. Date of Purchase . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . • . . . . . . • .
11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Does proposed construction violate any zoning law, ordinWill excess fill be removed from premises: Yes No
13. Will lot be regraded . . • . • • • • • • • • • . ' ' ' ' ' ' ' . . . . Address . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . .
14. Name of Owner of premises . . . . . . . . . . . . . . . . . . . • • • • • .Phone No. . . . . . . . . . . . . . . .
Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . : . .
• . Address . . • . • • • • • • • • • • • • • .Phone No.
Name of Contractor . . . . . . . . . . . . . . . . . • • • • • . . . feet of a tidal wetland? *YES . - • .NO-X
15.1s this property located within 100
*If yes , Southold Town Trustees PLOTit may
be
required.
Locate clearly and distinctly all buildings, whether existing or proposed,de a .indica eete t all
and indicate whether
set-back dimensions from
property lines. Give street and block number or description according
to interior or corner lot.
See attached survey.
Owner wishes to subdivide existing
lot
1family square
dwellingeintohone
ich
,contains 1 one-family dwelling and 1 two
lot of 5 , 000 square feet having .1 one-family dwelling and another
lot of 1 , 450" square feet having 1 two-family dwelling.
STATE OF NEW Y S.S
COUNT F . . . . . ..�
. . •�" ��.r. . . . . . . . . .being duly sworn, deposes and says that he is the applic
(Name of individual igning cordract)
above named.
Heis the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .fficer etc.). . . . . . . . . . . . . . . . . . . . . .,. . .
(Contractor, agent, corporate o
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
application; that all.statements contained in this application are true to the best of his knowledge and belief;and that
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
r- 9
. . . . . . . .n�. . . ay of �. . . . . 19
S`�(/•zr•�k County
Notary Public,/� . . . . . . . . . . . . . . . ^ ///�
M ,
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE
TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y.
1 (We) .............Jame.....P.'...0'O'Neill......................of ....129 Roxbury. .Road.......................................
.. .. . .
Name of Appellant Street and Number
........... ..... ............... ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATIONFOR PERMIT NO. .................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
William D. Moore
.................................................................................
Name of Applicant for permit
of
.....................1Xgw..XP.);. ..........
Street and Number Municipality State
( ) PERMIT TO USE .
( x) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY . 635 Wigcfins St. and 220 Eighth St. A Residential
..........................................................
1000-048-01-22 Street Use District on Zoning Map
,......... .......................................Current Owner Peter J. Mc Sherry and
Map No. Lot No. James P. O'Neill
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 100-131 Rulk and Parking insufficient total area
-3.-__TYPE OF APPEAL Appeal is made herewith for
( x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. 'Laws
Art.'.16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) ftisx: ) 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. ...3.60.y....................Dated .........W.9.Y.9Jribox... ....................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x ) A Variance to the Zoning Ordinance
is requested for the reason that appellant wishes to setoff the property into two
parcels with an existing dwelling bn each lot. The proposed lots
are undersized 'and do. not satisfy the bulk and parking schedule.
propo�dd setoff parcels will consist of one lot with a single
family residence and second lot with a preexisting two-family
residence.
Form zB1 (Continue on other side)
I.:
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary-HARDSHIP because Appellant has no means other than a variance by which
to separate the two houses into two separate parcels
Approval of the proposed lots5as set-off;will enable appellant
to sell the residences individually to purchasers who might not
otherwise be able financially to purchase the two::houses upon it.
Approval of the proposed set-off would eliminate the non-conforming
existence of two princip&l dwellings on the single lot.
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 this single parcel has two dwellingE
upon it while the surrounding parcels which are also non-conforming
in size have single dwellings on each lot.
3. The Variance would observe the spirit of the .Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the vast majority of the parcels in the
surrounding area are undersized lots . .
The proposed set-off separates the two houses on the single lot
into two similarly undersized lots with a simgle, family residence
on one lot and a two family residence on the second lot. The
uses of these respective structures are pre-existing uses .
STATE OF NEW YORK )
COUNTY OF F ) ss iganature... .
James� 'P. 0 Neil
Sworn to this ......AR.............................. day f... . 19
C 2�
.. ..... ...........Notary.P. ..... . .................
,10; PH9ME CtIFFASII
NOTARY , i Cta,f of N"z':.' �..
I lo.2.9-4752210
Qualified in icings oo urty^�
Commission Expires Apri13..
�_ TOWN OF SOUTHOLD PROPERTY RECORD CAR®
/o o �� L .�.
OWNER STREET VILLAGE, DIST. SUB. LOT
FORMER OWNER N c
Co IevJ i r! c S E g ACR.
S ' W TYPE OF BUILDING
tE - ;3p SEAS. VL. FARM COMM., CB. MILS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
Soo ' ��o-a 3 a }Q 8 a� zxD�s�, L IDE 2 d AMC: L
illable FRONTAGE ON WATER
foodland FRONTAGE ON ROAD
teadowland DEPTH
ouse Plot BULKHEAD
)tal
Aw r .;
TOWN OF SOUTHOLD PROPERTY RECORD CARD
Q00 - -oa
OWNER STREET VILLAGE - DIST. SUB. LOT -
n u h a sC ,
FORMER OWNER N E f ACR.
C-o� w�h � �
S W TYPE OF BUILDING
RES. SEAS. VL. ARM COMM. CB. Mf6. Mkt. Value G
LAND IMP. TOTAL DATE REMARKS Ta
- o /LO lie_
ADD Ob �� 00 60 % % P .
•fire `
�i
Gi
AGE BUILDING CONDITION
NEW NORMAL ; BELOW ABOVE
FARM Acre Value Per Vclue
_J Acre _
Till Tillable FRONTAGE ON WATER
FRONTAGE ON ROAD
WO Woodland � � /O p
Mel Meadowland i DEPTH /3 J
Ho House Plot BULKHEAD
Tot,
.Total I DOCK
� ,.. , ■■ NOON ■■ ■' i �Jw�4 � y
:! Y• R .�' NOON■ � `` -
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APPEALS BOARD MEMBERS o��gOfF0I1rea
h� Gy Southold Town Hall
Gerard P. Goehringer, Chairman c 1 53095 Main Road
Serge Doyen,Jr. ti Z P.O. Box 1179
James Dinizio,Jr. O Southold,New York 11971
Robert A. Villa Fax(516)765-1823
Lydia A.Tortora Ol �� Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
O'Neill and McSherry
Status in August 1994 - Owners (by Jim Fitzgerald) received
disapproval and will reapply to ZBA for required variances.
They will proceed with Co. Health first after obtaining Planning
Board SEQRA determination, and then apply to ZBA.
3/30/95 - Discuss with Jim Fitzgerald and Bob Kassner.
Status is Jim F. is waiting for the County Health
determination. He does not need more ZBA forms at this
time, but will keep us advised.
a ,
Proper-T Permit Services
POST OFFICE BOX 617,, CUTCHOGUE, NEW YORK 11935
(516)734-5800
July 22, 1994
Building Inspector
Town of Southold
Building Department
Town Hall
Southold, New York 11971
Re: Property of McSherrV and O'Neill ; SCTM #1000-048-01-22
Dear Sir:
In accordance with Zoning Board procedures, we are submitting
the attached application in order to obtain the Building De-
partment disapproval that is required before application can
be made for a variance.
Enclosed is a copy of a map that shows the proposed division
of the property.
_Fours truly ,
/Jam es E. Fitzge�/ /Id, Jr.
Enclosure
5
TOWN OF OUri
UTNOLD r"
a subsidiary of
THE PECONIC EASTERN CORPORATION
APPEALS BOARD MEMBERS SCOTT L.HARRIS
Supervisor
Gerard P.Goehringer,Chairman A
Charles Grigonis,Jr.
Serge Doyen,Jr. ,x 11 Town Hall,53095 Main Road
�'" P.O.Box 1179
James Dinizio'Jr. 'UL
�� ;; Southold,New York 11971
Robert A.Villa Fax (516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 27, 1992
Mr. James E. Fitzgerald, Jr. .
Proper-T Permit Services
P.O. Box 617
Cutchogue, NY 11935
Re: Property of McSherry and O'Neill at Wiggins & 8th St. , Gpt
Previous ZBA action 3/88 and Art. 78 determination 10/88
Dear Mr. Fitzgerald:
We are in receipt of your letter today concerning the
above-referenced premises.
In reviewing the prior history of 'our records, we note the
following:
(a) alternative relief was granted by the ZBA in March
1988 approving two substandard lots, each with a single-family
dwelling structure and use;
(b) an Article 78 determination was made by Justice Orgera
in October 1988 deciding that the issues of continuous
two-family use of one of the structures was not addressed before
the ZBA by the applicant and relief granted by the ZBA was
annulled without prejudice to any party.
You are requesting guidance in the proper steps that the
property owner should pursue with the objective of having three
residential units on 12, 460+- sq. ft. of land area.
On January 10, 1989 the Town adopted a new Master Plan and
Zoning Code. In this light and since more than 3-1/ 2 years has
passed since the above-noted determinations, 'it would be best if
the property owner proceeded.with the following usual procedures
under the new Master Plan provisions:
( a) a written request/application should be made to the
Building Inspector for a Notice of Disapproval under the new
Zoning Code which addresses at least the following:
page' 2 - March 27, 1992
To: Mr. James E. Fitzgerald, Jr.
Re: McSherry and O'Neill at Greenport
il} action by ZBA needed for insufficient lot area,
width and depth of each proposed lot: Lot 1 requires a minimum
of 40,000 sq. ft. for a single-family dwelling use and Lot 2
requires, a minimum of 80,000 sq. ft. for a two-family dwelling
use;
{2) action by ZBA needed for lot .coverage in excess
of 20 0;
[3) action by ZBA needed for yard setbacks from the
new division line proposed to the principal dwelling structure
(for each lot) ;
.(b) an application may be filed appealing the Notice of
Disapproval under the new Master Plan and Zoning Code;
(c) the proposed subdivision map should also be submitted
to the Planning Board with a cover letter {or a full subdivision
. application} in order that the Planning Board may be directly
involved and refer its comments under Section 100-254 of the new
zoning code;
(d) further processing should be made as directed by the
Suffolk County Department of Health Services, Bureau of
Wastewater Management, for this land division as mentioned in
their correspondence to William Moore, Esq.. dated January 25,
1988.
Enclosed for your convenience is a set of Z.B.A.
application forms with instructions for variance requests.
Please feel free to call our office directly at any time for
assistance if needed.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosures
CC.: Building Department (Attn: Victor Lessard)
Town Planning Board (Attn: V. Scopaz and M. Spiro)
Town Attorney' s Office
:;5 r
TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS ^�
REGULAR MEETING OF
THURSDAY, FEBRUARY 18 , 1988
Appl. No. 3607
Applicant (s) : JAMES O'NEILL AND PETER McSHERRY
Location of Property: N/s Wiggins St. and W/s 8th St. , Greenport
County Tax Map ID No. 1000-48-1-22
Board members present were: Chairman Goehringer P. Goehringer and
Members: Grigonis, Douglass, Doyen and Sawicki .
Absent was: Executive Administrator Victor Lessard (Building Dept. )
Also present was Linda Kowalski , Z . B. A. Secretary , and approximately
35 persons in the audience at this time .
The Chairman opened. the hearing at 7 : 52 o 'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey with a most recent
date was mapped July 30, 1984 by Roderick VanTuyl, P.C. which indi-
cates lot number 1; 10,111 square feet and lot number 2; 2,343 square
feet. And I have a copy of the Suffolk County Tax Map indicating
this and surrounding properties in the area. Would .you like to be
heard Mr. Moore?
MR. MOORE: I have a different survey. I don't know where those
numbers are from. I 'll show you the one I 've got. A copy of which
I sent to Linda which should have been sent with the better ones
along with it. But in any event, sorry about this confusion. Mr.
VanTuyl had originally drawn the one, I believe- that you'.re looking
at, without having located the septics. We're still working from
the same survey. It was last amended February 9, 1987 to show two
lots. One of 9232 square feet as lot number 1 and the second one
to be 3228 square feet. That line was redrawn in such .a way that
split the septic systems as they are used by both houses. They are
separate systems but all the rings were put in one place in the back.
The survey I have given to you was drawn with the existing location
of those pools in mind. The previous one didn't have located at the
time the rings. So there was a line parallel to Wiggins Street. We .
originally considered and applied to the Health Department for making
lots one and two of equal size along the lines of the old sub-
division. In fact, this survey shows that dashed line continuing
north as to how these lots could have been divided into two equal
parcels as they had been back on the subdivision map in the 18001s.
The Health Department however, did not consent to the granting of
an easement across what would be lot number two for that existing
septic system. In addition, the water line runs (presently) from.
the main that 's shown there on Wiggins Street up along that house
on lot number two and it split off from there to house number one
and Greenport had it that way. The County didn ' t like 'it either.
r' P,3szje 2 February 18 , 1988
Public Hearing - James O'Neill and .Peter McSherry
Southold Town Z.B.A.
MR. MOORE (continued) ;
They wanted separate water and they want us to relocate it. This
property break up then., takes into .account the existing water and sep-
tic systems there. And also, the actual manner in which .the proper-
ty has been used. Specifically, had we gone with- the two .lot of
equal size, as you stepped up on the back of the larger home, you
would be stepping on the property line if we .. went . . to equal .
lot sizes. In addition, the garage which.` is shown -in. the northwest
corner .o-f the property is used in. conjunction with the larger home.
There's driveway there which is dirt rutted and the .garage. door
fronts on Eighth Street. So the actual way the property is used
suggests- .a configuration along the lines. which we've got . here,. and
with the difficulties' :of the' Health Department, this enables us to
retain the septic systems as they are. We will have to relocate
the water line .and we Show a proposed water line on this survey to.
service that separate dwelling. I understand the Board prefers,
when splitting up property, as does the Planning Board, to make
them of an .equal size. I give you this background so you can see
that there- was a..lot of. thought and time �with. the Health .-Department
in trying._to:,come--up. with.,a_ way-.we could;-have-,done-equal..-size lots.
They were only willing to do it by easement and would have insisted
upon relocation of the septic systems and water as well. The water
is ,far easier.. The variance is appropriate to divide these two
properties primarily because the dwellings exist already. . - Unlike
the case where someone wants to peel off a piece of property and
make it a vacant lot to then sell or build. on. We already have .the
two dwellings. here.. So I don't think.-. it makes a lot of difference
which actual. configuration you give to the lot for the reasons cited
of the Health Department -- the septic and the water. I would
request that you- approve .it as we -have submitted it here. : In addi-
.tion, by -creating two.. iots.-each with a separate dwelling; - we are
fliminating one nonconfor Mo
while creating-some others; the eliminating-o.f one noncon-
ormi ty g two dwe � gs on onQ -
piece o .-p-ope ty:.- We get .rid of;.-:that-one ,.:::.granted .we., do come
up with undersized-- lots but I would suggest that by approving such
a subdivision, you will .open up- the-ability to sell-' the house- at
lot number two. I don't know if that's their intention but at least
it could be done . easily. A house in that neighborhood, a lot of
that size, certainly can not go for some tremendous dollar figure .. And
by so splitting these properties into two pieces, you have created _
the ability to sell off- one house hopefully in a .market area that
is- ,under-emphasized or has a shortage of housing now. I'm not
saying: that- clearly..- But ':I'm trying -tc suggest that .this-lot - -
could-,be sold :more-cheaply.ahan-. to- someone--who could..not-. afford--.to
buy this property with two houses on it. The.= character: of the
district where this property is located will not be effected. The
lots . in. this entire area up- 'and down these streets are. undersized
.having been divided- years and..years. ago-. .._:So. that..we are not cre-
ating some tiny little set of properties where there are large
properties in .surrounding areas. I have nothing further-to- add.
If there are any questions, I 'll be happy to .answer.
Page 3 - February 18 , 1988
Public Hearing - James O'Neill and Peter McSHerry
Southold Town Z .B.A.
CHAIRMAN GOEHRINGER: Can you supply us with any,pre-c.o. ' s on
these buildings?
MR. MOORE: That was right there with the letter that never ma-
terialized. I have one. I can give you the one `c.o. I got from
Southold. It' s the only one I 've got. If you want to take it
and I,'ll come photocopy it from you, that's fine.
CHAIRMAN GOEHRINGER: I see you don't have ' the C.0. for me to ques-
tion you. about it (jokingly) .
MR. MOORE: I don't know how well written that' is. It says two
family dwelling. :`'I will have to follow to see if that' s two
single family dwellings or a two family dwelling. This copy of
the c.o. was acquired from another file. It means I won 't explain
how 1 got it.
CHAIRMAN GOEHRINGER: - Is the-:present two .story house which is the
main house, with a larger house on the larger piece of property , is '
that presently a two family dwelling?
MR. MOORE! It' s separated where .they had two apartments in there.
With two dwelling units in there. Yes. So I can't tell by reading
that right now. I will follow it up. I believe it covers the en-
tire parcel because that's one dated 1977 and it was for one piece
of -property. These gentlemen finance with a local bank. And at
that time the bank closed and the bank typically calls the Build-
ing Department to make sure that c.o. covered the structures that
are on the property. And I speak from personal knowledge of that
one. 1 will double check and make sure that' s there no other c.o.
floating around.
CHAIRMAN GOEHRINGER: And will you. .supply us with a pre-c.o. on
the cottage?
MR. MOORE: I believe that one covers it. If it doesn't I will get
you that one. I think that one document has covered it. - the two- family
is meant to cover the entire piece of property. If it doesn't, I
will get what you need for that. In addition, Linda Kowalski had
requested of me, and I do not have it at this time, the square foot-
ages of the house. I presume, you mean the envelope that surveyors
would determine for me for purposes of the lot coverage.
CHAIRMAN GOEHRINGER: Of the ground floor living area.
MR. MOORE: I started thinking about second floors and everything
else because I thought that was what you were asking.
CHAIRMAN GOEHRINGER: It will probably cover porticos . There' s a
porch on those big two story houses. My question to you, would
you like us to deny this application if we don't so approve it,
which seems to be a rather redundant statement. However, what I
mean is would you like us to deal with alternate relief or would
you like us to flat out and deny it if we -don't care for your sub-
division?
A
P=ge 4 February 18 , 1988
'Public Hearing .- .James O'Neill and Peter McSherry
Southold- Town Z.B.A.
MR. MOORE: Unfortunately; my client is out of ,the country and I
couldn't ask him :.that question.. . . .
CHAIRMAN GOEHRINGER: You have a couple of weeks. to get back to us.
MR. MOORE: I will do that. Thank you. ' Is there any suggestion on
the alternative that I might pass back. to him?
CHAIRMAN GOEHRINGER: Increase the square footage on lot number two.
MR. MOORE:' Ok.' Perhaps that may be done by extending the northerly
boundary line of lot number two parallel to Wiggins Street.
CHAIRMAN GOEHRINGER.: No, I. was. think_ing more_ on this line if you want- to take a look at i -
MR: .MOORE: Lot #2. Actually run ,it up this way.
CHAIRMAN G,OEHR.I.NGER: .._,Yes You're going to have to play 'with -some
septic systems_No question. But. I'd like to know how much square
footage is in there anyway. So maybe you could mention that to him.
So if we attempt to close this hearing, we will close it pending
the receipt of any pre-c.o. 's...that maybe .hanging around and any
changes ,of lot . lines. Now, I, don't know if we should close- it or
recess- it until: the. next.-meeting. .to .just collect that ' information
and then close, it. Can we recess it until the April meeting?
MR. MOORE: Sure.
SECRETARY : We could add it' to the meeting on the 3rd or 4th.
CHAIRMAN GOEHRINGER: Or . March 4th. We're going to have a
special meeting on March 4th which is two weeks from tonight. May-
be the 3rd. or the 4th.
MR. MOORE: I--should be. able- to -get an answer, from these guys before
then. Thank you.
CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak
on behalf of this application?. Anybody like to speak against the
application? Hearing no further questions, I' ll recess this hear-
ing until March 3rd or 4th.
MEMBER SAWICKI : Second .
All in favor - AYE. (All )
BY
Corrections after comparing typed copy
with recorded tape .
'--11nnda-. Kowa I skA 1
uh d 4 So t of Town Board of Appea&
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI January 31, 1989
JAMES DINIZIO, JR.
William J. Moore, Esq.
Moore & Moore
Main Road, P.O. Box 23
Mattituck, NY 11952
Re: Application - Matter of James P. O'Neill
Dear Bill:
Continuing on our telephone conversation last week in the
above matter, we are returning the documentation in order to
allow you to again review same, particularly due to possible
technical changes which may be necessary under the pending
Master Plan.
It is also necessary to describe the relief requested on
the neighbor notices - including the requested approval with the
description of . all the nonconformities for each lot in detail,
and appropriate sections of the Code (rather than 100-131) .
When re-submitting, please be sure to include four original
survey prints depicting all existing structures, existing uses
of the structures, square footage for each use, total lot
coverage for each parcel as proposed, etc.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosures
cc: Town Attorney's Office
WILLIAM D. MOORE
PATRICIA C. MOORE
MOORE & MOORE-
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P.O. BOX 23
MATTITUCK, NEW YORK 1 1952
(516)298-5674
Facsimile: ( 516) 298-5664
January 12, 1989
Southold Town Board of Appeals
Southold, Town Hall
Main Road
Southold, New York 11971
Re: O'Neill / McSherry property
SCTM # 1000-048-01-22
. Dear s-
Enclosed please find the following applications in
triplicate for a re-hearing:
1) Appeal from decision of Building
Inspector.
2) Notice to Adjacent Property Owners.
3) Short Environmental Assessment form.
4) Form letter to the Southold Town Board of
Appeals.
5) Stamped self-addressed postcard
--.,,acknowledging receipt of applications.
Thank you for your cooperation, if you have any questions,
please do not hesitate to contact our office.
Very truly yours,
Willial D. Moore
WDM\kts
enclosures
cc: James P. O'Neill (w/o encls. )
Peter J. McSherry (w/o encls. )
All.
BOARD OF APPEALS TOWN OF SOUTHOLD
In the Matter of the Petition of
James P. O'Neill NOTICE
to the Board of Appeals of the Town of Southold TO
ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tk2TFrj—srtr@qntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request (Variance Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 6,1S Wi gcfi nc Streunt and 290 Ri cjh•hh St-rpa+-' GrPannari-
Suffolk County Tax Map # 1000-048-01-22
3. That the property which is the subject of such Petition is located in the following zoning district:
A Residential Agricultural
4. That by such Petition, the undersigned will request the following relief: variance to
permit the division of one lot into two undersized lots
with a pre-existing dwelling on each lot
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article T T r Section
[ ] 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
examine the same during regular office hours. (516) 7t;5-1809.
That before the relief sought may be granted, a public heaWeeon the matter by the
Board f peals; that a notice of such hearing must be published atior to the date of such
hearin in t Suffolk Times and in the Long Island Traveler-Mattit spape publish d in the
Town f Sou hold and designated for the publication of such noti sr repre a tative ave the
right to pp r and be heard at such hearing.
DatedPetition
Owne sames : James P. O'Neill and
--------------------
Post fice Address Peter J. McSherry
_/o William D. Moore, Esq.
Main Road, P.O. Box 23
(Tel , Ma tituck, ew or
516-298-5674 )
r
December 15, 1988
(Today' s D.1tc)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Anneal Application of p,ter J • McSherry and James P. O'Neil
Location of Property: 639 W aains Street a-nd 220 Eighth St.
Var
Dear Sirs:
In reference to the New York State Tidal Wetlands I:and-Us
Regulations, G fJYCZ Part 661, and Article 25 of the Vega York
State- Environmental Conservation Law, please be advised that t.,
Subject property in the Within appeal ap2lic_"tio:i:
(pl.-:;►sc ch( ck one box) .
- r
be located within 300 feet of tidal wetlardz
}iot�.:ver, constructed along, the water-lyinrl edc;c
of this property is a bulkhead in very good
condition and at lc,;st 100 feet in :length-
( ) May be located within 300 feet of t_c.a_� i
we-lands ;
however, constructed along the wa�eY-lyi ed e
c .+ r
o: this property is a bulkhead in "heed of (m-, no_
(major) ropairs, and ap?ro:Ci�.�tel ~)
length. 1 feet in
] May be located wihin 300 feet 0-
6 tidal wet?3nds;
however, constructed along the c•late_-
Of this property is a bulkhead less thz,nn100dfeet
in length.
May be located 'Uithin 300 feet of tidal wetlandz ;
and there is no bul.%hoad or conc_etLLl w�►ll e_:is`_z
on the premisc3 . -
( X ] Is not located Within 300 feet of 'tidal wetlands
' to the best of my knvt•fludge. *
(:;tarred ituins)inc
irldiL'.,te your p=•apert not appear to fall within ttii�c?iction o:' he iJ .y,y daLr,
S • D. C.C.
crcly yo .
• v
;iatu:2 p!cast:)
7OTE: I, pr.oposcd project faji.l•!un D.E.C. jurisdiction ,
approval must be received and suhmittcd to our office before
your application can be scheduled Eor a public hearing.
fhC R. Y . S . t:,,,, iron;nen [aI QUa ) iLY Itr:vi (2(, ct reciuircr; sub-
mission of this. )rm• and an environmental .-r:viL.-a viill be
'�;.+� ►�''': : made by this board before any action is taken .
;•�''S:, . •� '. 3ftC`RT rflVlt?Q!^'!F.tl1'.4i. AS.^,?:,.^,!�F..'(T !•'!:P.'1 '..�':��'%��171S••' �'.
Itt ITPICT!uSt
,�; + , (d) In ardor to answer the questions''1n this short EA1 !s Ss- as3(:r_ad that the
` '•.d;, •0 ;1,•'• A. s'r'•, pr eparer will use currently available lnfor-Iticn concerning tho project and the _' +
'Nicely ispacta of the actions It is not expected that additional or Gther 1Jl a stud x, r�'•1''{�
1+f .`�.i;�,,.,a, ,:, va5tiga 1. races h
lions will be undortulcun. ,,-+• ;:•,•••:,., -.
',.;•;.};;:'s�'�•' • ';r'i (b) If any question has been answered Yes `'a�;+•;� the project racy be oignificnnt and a
;G�• �7:•+,�:ecr..aleted Envircnmontal Assossrunt Fom is nocesaar•y. _
;; (c) If all .quoscions have been answered !10 it is likolf tint this o' ,act 1����•!''
nc. algnificant.40
Ar 1 1� .a
t i':i�:t'1. :!(�':;�1�,•.`: ;:, (d) Enyircrnental Ansegnment
'j;+'•:i` ,;} ".�=; :;;; 1. Will project result in a large h sical t'
+ i.i:•.; ::.; '5. ;• p Y change •�.
:.:�: •;, :i':, to the project situ or physically alter morn
e i•:� �'t•':•;i ''':;;:., r i',' than 10 acres of land?
:.�t1'. �' •'/. (f•:'i:�,.7rG:{ •i. , • • •, • • • • • o • • •r ns ••X•..'�(O
Y _
�':,:;;.,� ::';;.;'.;�;'•:; 2• Will there be a ma o
,•;.:,:+:; ': :�r•."',. ,r. J r change to any uni.,uo or ': : '.j.;:•t}.::
q'.f�,•�'}.,,' ri:.'t;;..: unusual land form found on tho situ • • • • • X' �?i0 '
:' '.(;�';;,;:?r,rc • .' : 3. WU1 project alter or have a largo offoct on
''.' ,;a•' :;,,,•;F'.;'}, an existing body of water? 0 0 As Yea x Ito
r:. Will project hhvo 4 Ot0 p ntially largo impact, on
•
`►i% +��':� f'. groundwater quality? . • '
• • • Yc 3 X No
='4f?'!� j. Will project sirr:ificnntl'yaffect drainage fla.r
:��1i1•.�t%� •i' on adjacent sites? • • • • • • • • a • • o YCS '
b• Will project affect any threatened or endanEcrod
:.+,.; plant.or ani•:.11 species? • • • • • • • • • v • ye �� N
7• Will project result in a major advorno affect on o '.;+t
"�•r''' ;� air.quality? • • • • • • • • • \ ..
�: , ,• • • • _ _ fC1 __X l,O
•'}i',, 8. Will project have a major effect on visual char-
• actor of the com.:,unity or scenic viewu or vi3tao
• known to• ba important to'tho community? • . Yea to 1i
9• Will project adversely impact any site or str-ictr
uro of historic, pro-historic, or paloontologicul :' :'';::i;;t,.•,(.`
i.;.ortance or any site dosignatod as a critical
ervironnental area by a local agoncy' • • • Yes X Ito
10. Will project have a major offoct cn oxiating''or• ?' +
future recreational opportunitioa7 a Yes
11. Will project roault in'rra jor traffic probler.13 or '
cause a major effect to uxlatitig transportatitn
sy3teR9? • • • • • • • • • • . Yes
12. Will project regularly cause ob•jectionablo odor::',
noise, glare, vibration, or electrical dl3turt-
ance an a result of the pro ject':, operation? Yes 'to
13• Will project have any impact on publ.ic healtfr or
safety's -� Yea V tiJ'•
14. 'Win project u-rrect the exioting conl'.rnicy by
dlreeely caus1n4 a t;r•c;rth in perrtnnent popula—
t:cn of .,oro t::3n S percent over a on(�you:rr•
period rr htve a TA for n^r.it:ve effect on tr,e
c arse c�( of the Cpr.:,unity ;r r..:14n;ort:oco'' . Ycs x t:o
v
t5. I , trtere : b Sc eentr:ve y cc;tc(•r":,:nx th,: pro;c ye!) �� No
5 T:^.�'
•_ caner
9i{ne
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803
GREENPORT,NY 11944
(516)477-1016
January 25, 1989
Zoning Board of Appeals
Town of Southold
Main Road
Southold, New York 11971
Re: Petition of James P. O'Neill
Variance
Gentlemen:
With reference to the above-captioned matter, please
be advised that I am the attorney for an adjoining property owner,
Joan Richter. Please send to the undersigned a copy of the
Petition.
Thank you for your courtesy and cooperation in this
matter.
Very tru y y
A '
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Southold Town Boar f Appeals
MAIN ROAD STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3607
Application Dated January 13 , 1987.
TO: [Appellant (s) ]
William D. Moore , Esq . as Attorney
for JAMES P . O"NEILL 'AND PETER J . McSHERRY
Main Road ; Box 23
Mattituck , NY 11952
At a Meeting .of the Zoning Board of "Appeals held on March 3 , . 1988 ,
the above appeal was considered,. and the action indicated below was taken
on your
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article Section
[X] Request for Variance to the Zoning Ordinance
Article III Section 100=31 , Bulk Schedule
[ ] Request for
Application of JAMES O ' NEILL and PETER McSHERRY for Variances to
the Zoning Ordinance , Article I.II , Section 1 -3 , Bulk Schedule , for
approval of insufficient area , width and depth of two proposed par-
cels , each with an existing. dwelling , located at the corner of the
N/s Wiggins. Street and the W/s Eighth Street , Greenport , NY ; Map of
S . Buel Corwin- (1885 ) Lots 28 and 29; County Tax Map District 1000 ,
Section .48 , Bl.ock 1 , .Lot 22 .
WHEREAS , public hearings were held on February 18 , 1988 and
March 3 , 1988 in the Matter of the Application of JAMES O ' NEILL
and "PETER McSHERRY under Appl . No . 3607 ; and
WHEREAS , at said hearing all those who desired to be heard
were heard and - their testimony recorded; and
WHEREAS , the Board has carefully considered all testimony
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 shown on the Suffolk County
Tax Maps as District 1000 , Section 48 , Block 01 , Lot 22 containing
a total area of 12 ,460 sq . ft. with 100 . 41 ft . frontage along
the north side of Wiggins Street and 125 . 13 ft. frontage along
the west side of Eighth Street , Greenport , Town of Southold . The
subject premises is also referred- to as Lot #28 and #29 on the
18815 Filed Map of "S . Buel Corwin at Greenport . "
2 . Existing upon the premises in question are three
structures as follows : (a ) 12-story frame single-family dwelling
structurelocated at the extreme southwest corner of the premises
having nonconforming setbacks ; (b ) 2-story frame , single-family
dwelling structure located 28± feet to the south of the northerly
property line also having insufficient setbacks ; (c ) accessory
(CONTINUED "ON "PAGE TWO )
DATED: March 23 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl . No . 3607
Matter of JAMES P . O ' NEILL & ANO .
Decision Rendered March 3 , 1988
garage structure ; all as depicted on survey prepared by Roderick
VanTuyl , P . C . mapped July 30 , 1984 , and as indicated by Certifi -
cate of Occupancy #Z7458 dated January 7 , 1977 and #Z7457 dated
January 7 , 1977 .
3 . By this application , appellants request approval of
the insufficient lot area and width of two parcels in this
pending division of land as more particularly shown on survey
amended March 3 , 1988 , prepared by Roderick VanTuyl , P . C. as
follows : (a ) proposed Lot #1 of 9 ,232 sq . ft. in area and
125 . 13 ft. frontage [width] along the west side of Eighth
Street with one existing dwelling and accessory garage
structures ; and (b ) proposed Lot #2 of 3 , 228 sq . ft .
and 50 . 21 ft . frontage [width] along the north side of
Wiggins Street with an existing dwelling structure .
4. For the record it is noted that the premises was
acquired on August 31 , 1982 by the applications by Deed at
Liber 9236 cp 83 .
5 . In viewing the area , the Board finds a majority of
parcels containing an area of at least 12 ,500 sq . ft .
6 . Article III , Section 100-31 , Bulk Schedule of the
Zoning Code requires a minimum lot area of 80 ,000 sq . ft .
and lot width of 175 feet . The percentage of relief
requested by this application is substantial in relation
to these requirements .
7 . It is also noted for the record (a ) that each
parcel is and will continue to be serviced via the Village
of Greenport water main ; (b ) that application (s ) are
pending with the Suffolk County Department of Health
Services concerning the revised land-division and are
temporarily being held in abeyance pending the action
by this Board [see Health Services letter dated January 25 ,
1988 , Bureau of Wastewater Management] ; (c ) there is
no record of final approval by the Planning Board at
this .point in time as regulated by Chapter 106 , Subdivi -
sions of the Town Code ; (d ) there do not appear to
have been_ any other splits or conveyances of this
p-roperty .
8 . It is the position of the Board that the
variances as requested must be denied since the relief
requested is not the minimal necessary . However , the
Board finds that the following alternative relief is
feasible , in light of all the above circumstances , and
for the following reasons :
(a ) the area has been designated on the pending
Master Plan Revisions for a minimum lot area of 40 ,000
sq . ft . ;
(b ) most of the lots in the immediate area
consist of parcels of at least 12 ,500± sq . ft . .;
(c ) there will be no effect of increased
density since there are two existing dwellings , one
proposed for each parcel,
Page 3 - Appl . No . 3607
Matter of JAMES P . O ' NEILL & ANO .
Decision Rendered March 3 , 1988 .
(d) a substantial detriment will not be
produced in the character of the neighborhood or to
adjoining properties ;
(e ) the difficulty cannot be obviated by some
method feasible for appellant to pursue , other than a
variance .
Accordingly , on motion by Mr . Goehringer ,
seconded by Mr . Douglass , it was
RESOLVED , to DENY the relief as requested in the
Matter of JAMES O ' NEILL and PETER McSHERRY under Appeal
No . 3607 ; and
BE IT FURTHER RESOLVED , to GRANT alternative
relief in the Matter of JAMES O ' NEILL and PETER McSHERRY
under Appl . No . 3607 , for a minimum lot area of 5 ,000 sq .
ft . each for proposed Parcels #1 and #2 , not to exceed
one single-family .dwelling use , and frontage each of 50 . 21 ft.
minimum.
Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Doyen and Douglass , (Member Sawicki was absent . )
This resolution was duly adopted.
lk
GERARD P . GOEHRINGER , CH IRMAN
RECCFIVED AND FILED BY
71 E SOUTFiOLD TOW14 C LE11K
D11TE 313 /ff HOUR 3-D 6
Town Clerk, Town of Sout old
NOTICE OF HEARINGS
. NOTICE IS HEREBY GIVEN , . pursuant to Section , 267 of the
Town Law and the Code of ..t.he Town of Southold , the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
a Regular Meeting at the Southold Town Hall ; Mai.n Road ,
Southold , New York , on THURSDAY , FEBRUARY 18 , 1988. at the
following times :
7 : 30 p .m: 'Appl ., No . 3702 - OLGA CORDES . Variances to
the Zoning Ordinance ,, Article III Section 100-31 , Bulk
Schedule , for approval,, of the proposed insufficient area
and width of two parcels in this pending division of land
located at the south side of Sterling Road (Nassau . Farms ) ,
Cutchogue , NY ; . County Tax Map District 1000 , Section 104 ,
Block 4 , Lots 17 and 18.
7 : 35 p .m.., - Appl . No . 3709 - EDWARD AND ORTRUD HANUS .
Special Exception to the Zoning Ordinance ,. to establish one
new Accessory Apartment in the existing dwelling structure
in accordance with the requirements of Article III , Section
100-30 (B ) , subsection 15 . Location of Property : 635 Lupton ' s
Point Road , Mattituck , NY ; County Tax Map District 1000 ,
Section 115 , Block 11 , Lot 3 .
7 :40 p .m./Appl . No . 3699 - EDWARD AND BARBARA BETSCH.
Variances to the Zoning Ordinance , Article III , Section 100-31 ,
Bulk Schedule , for permission to construct addition ( s ) to
dwelling with an insufficient westerly sideyard setback and
insufficient total sideyards . Location of Property : North
Side of Rabbit Lane , East . Marion , NY; County Tax Map Parcel
No . 1000-31 -17-15 .
7 : 45 p .m . Appl . No . 3607 - JAMES O ' NEILL and -PETER Mc-SHERRY .
Variances to the Zoning Ordinance ,. Article III , Section 100- 31 ,
Bulk Schedule , for approval of insufficient area , width and
depth of two proposed parcels., each with an existing dwelling ,
located at the corner of the N/s Wiggins Street and the W/s
Eighth Street , Greenport , NY ; Map of S . Buel Corwin (1885 ) Lots
28 and 29; County Tax Map District 1000 , Section 48 , Block 1 ,
Lot 22 .
S
Page 2 - Notice of Hearings
Regular Meeting - February 18 , 1987
Southold Town Board of Appeals
7 : 55 p . m . TARTAN OIL CORP . :
(a ) Appl . No . 3633 - Special Exception under Article
VII , Section 100-70 (B ) of the Zoning Code for approval of the
establishment of a partial self-service gasoline station ; and
(b ) Appl . No . 3636 - Variance to the Zoning Ordinance ,
Articles VI , Section 100-62 ( B ) , Article VII , Section 100-70 ( B) ,
for an Interpretation of "retail shopping center" and for permis-
sion to establish convenience store as an accessory to the
existing gasoline-service station .
Location of Property : South Side of Main Road , West
Side of Marratooka Lane , and East Side of Sunset Avenue , Mattituck ,
NY ; County Tax Map District 1000 , Section 115 , Block 3 , Lot 9 .
Zone District : "B-1 " General Business .
8 :05 p .m . Appl . No,. 3701 - CHARLES ZAHRA. Application
under Article XIV , Section 142 of the. Zoning Code for a Reversal
of Determination of Building Inspector in his Revocation of
Building Permit #15428Z issued October 27 , 1986 . Location of
Property : 140 Pike Street , Mattituck , NY ; County Tax Map District
1000 , Section 141 , Block 4 , Lot 5 . Zone District : " B-l " General
Business .
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of the
above matters . Each hearing will not start before the time
allotted . Written comments may be submitted prior to the con-
clusion of the subject hearing . For more information , please
call 765-1809 .
Dated : February 2 , 1988 . . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS '
GERARD P . GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
------------------------------------------------------------- ---x
Copies to the following 2/3/88 by mail :
Mr. William B. Peters , 1600 P.ine Tree Road , Cutchogue , NY 11935 ( Re : Cordes)
Mr . and Mrs . Edward A. Hanus , 635 Lupton ' s Point Road , Mattituck 11952
Lynn Theresa Cahalan , Esq . , 12 First St . , Box 1330 , Riverhead , NY 11901
As Attorney for Mr. and Mrs . Edward Betsch
William D. Moore , Esq . , Main Road , Clause Commons , Mattituck , NY 11952
As Attorney for McSherry & O ' Neill
As Attorney for Tartan Oil Corp .
Eric J . Bressler , Esq . , Box 1424 , Main Road , Mattituck , NY 11952
As Attorney for Charles Zahra
Other :
Suffolk Times , Inc .
L . I . Traveler-Watchman., Inc. .
ZBA Members
Individual Files
Town Bulletin Boards
TOWN OF SOUTHOLD, NEW YORK ;.
APPEAL FROM. DECISION OF BUILDING INSPECTOR, APPEAL NO. 4,6 07
DATE .P9M,....24A...�9,8 6
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
James P. O'Neill
1, (We) ........... . . ..................................................of. ... ......1.Z9 Amblux-. oad....,.....................
Name. of.Appellont Street,and Number i.
Garden City, . NY 11530 , , k '
......... ... .. .................. .HEREBY APPEAL TO
'Municipality, State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
October 15, 1986
APPLICATION FOR PERMIT NO. .................................... DATED ..........................................:...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
William D. Moore
.................................................................................
Name of Applicant for permit
of 370 Terry Lane Southold NY
.................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( x) . PERMIT FOR OCCUPANCY.
1. LOCATION OF THE PROPERTY 635 Wiggins St. and 220 Eighth -St A Residential
.............................................. :....................................
Street Use District on Zoning,Map
1000-048-01'-22
„Suff. T,,-AX...M lap,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•.Current Owner Peter J. Mc Sherry and James
Nlap No. Lot No. P. O'Neill
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 100-131 Bulk and Parking insiffirient o al area
3. TYPE OF APPEAL Appeal is made herewith for
( X) A VARIANCE to the Zoning Ordinance or Zoning Map a ''
( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3 ' r
4. PREVIOUS APPEAL A previous appeal ) (has not) been made with respect to this decision,
of the Building Inspector or with respect to this property, .
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ..............................................,.................... ...
REASON FOR APPEAL
( ) A Variance-,to Section 280A Subsection 3 W, .
( X), A Variance to the Zoning Ordinance.s ;
is requested or the r oson thatappellant wishes to setoff the property into
two parcels wit�i an existing dwelling on each lot. The proposed :'lots
are undersized and do not satisfy the bulk and parking schedule.
Form zB1 (Continue,on other side)...'
REASON FOR APPEAL Continued ,
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary-HARDSHIP because
Appellant has no means other than a variance by which
to separate the two houses into two separate parcels and no means by;
which to avoid the creation of non-conforming lots with a set-off.
Approval of the proposed lots as set-off will enable appellant
to sell the residences individually to purchasers who might not
otherwise be able financially to purchase the parcel with two houses
upon it. Approval of' the proposed set-off •would . el'iminate the non-
conforming existence of two principal dwellings on the single lot.
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 this single parcel has two
dwellings upon it while the surrounding parcels which are also non-
conforming in ;size, have single dwellings on each lot.
3. The Variance would observe_the._spirit _of, the,--Ordinance,_an.d: W.OULD..:NOT..CHANGE_THE
CHARACTER OF THE DISTRICT because : the vast majority of the parcels ,
in the surounding area are undersized lots with. .single. family resi-
dences. The proposed set-off separates the two houses on 'the single
lot into two similarly undersized lots
STATE OF NEW YORK )
COUNTY OF UU� ss :. ............... .: ...
-- Signature `..
t/ _James__P.!
Sworn to this ... . . ... .................................. day of..,.,f...:::..... ` ".lh � �fL ....... 19
.......
Notar Publi
JOnr°HJP'!E !Nc p IA- oYork
Notery
C.G lrl y i
C xoires Miarch
Gomm'.�sio;,
TOWN OF SOUTHOLD PROPERTY RECORD CARD
2--
OW ER STREET VILLAGE DIST. SUB. LOT
= ( —l6�V2, �+ll.�® I /NS S� Uek Na°o/'7 14
FORMER OWNER N E 1I ,�
COi�Y�1Al 7'1 S' 1. A��•��
j'� S , W TYPE OF BUILDING
ii k f�� ca.w�' Wl 9r as S 7. E IFu L l Z
RE ;J G SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
E5 a l - z D� �� ��rrE�i e� i�Sl��rze d:,�► o L-92-34,.�
rillabie FRONTAGE ON WATER
Jdoodland FRONTAGE ON ROAD
",Aeadowland DEPTH
-louse Plot BULKHEAD
'otgl
TOWN OF SOUTHOLD PROPERTY RECORD CAR®
OWNER STREET VILLAGE - --- - DIST. SUB. LOT
7 e F" 9' wil V V Cr a h T
FORMER OWNER N
E ACR.
.` S fly _ TYPE OF BUILDING
Lc
RES. SEAS. VL. -ARM COMM. CB. Wff S. Mkt. Value
/,7 Ire
LAND -IMP. TOTAL- DATE REMARKS
3 f// ec Try �la�-ke,
oo
!lid
{ a
S!
It
r -
t
! AGE BUILDING CONDITION
i
I NEW NORMAL BELOW ABOVE
f
FARM Acre Value Per Value
i Acre
Till Tillable FRONTAGE ON WATER
Wo
Woodland I FRONTAGE ON ROAD jp p
Mel Meadowland DEPTH /3 J
Hos r
House Plot BULKHEAD
Tot DOCK
Total
4 v
"+f n
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Ext..Walls Interior Finish
j Fire
�■�:�■•�■■■■■■■■■■■s�!e�� NOON■■
Place ,.
Type Roof Rooms Ist Floor
Recreation Rooms 2nd Floor
•
I
HARK' Y A. ARNOFF
, ;_ SCOTT L. HARRIS
Town Attorney ,; -� �Y Supervisor
MATTHEW G. KIERNAN Town Hall, 53095 Main Road
Assistant Town Attorney
S P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800
TOWN OF SOUTHOLD
!NTER-OFFICE MEMORANDUM '.
1 J
TO: Zoning Board of Appeals j`l1
FROM: Harvey A. Arnoff, Town Attorney
DATE: March 30, 1992
RE: McSherry and O'Neill property at Greenport
I have reviewed your draft response with regard to the above-referenced
matter and find same to be acceptable as written.
APPEALS BOARD MEMBERS 'y SCOTT L.HARRIS
Gerard P.Goehrin er Chairman - w Supervisor
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
Fax (516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER-DEPARTMENT MEMORANDUM
TO: Harvey A. Arnoff, Town Attorney
FROM: Office of the ZBA
DATE: March 27, 1992
SUBJECT: McSherry and O'Neill Property at Greenport
Request by Property Owner to Start Process before ZBA
During the past 3-1/2 years there has not been any activity for
a re-application under the previous zoning code, which is
necessary before a division of land may be recognized. The 1988
Article 78 determination by the court annulled the ZBA' s
approval. James Fitzgerald, agent for the property owners,
has now asked to apply at this time to the ZBA for variances and
to the Planning Board for a re-division of their property.
We have drafted a response to Mr. Fitzgerald providing some
guidance for re-application to all departments under the new
Master Plan and Zoning Code guidelines (a copy of our response
is attached) .
Do you feel that the response, as drafted, needs any changes?
Proper-T Permit Services
POST OFFICE BOX 617,, CUTCHOGUE, NEW YORK 11935 (516)734-5800
a OWE
MAR 2 619W I.
March 23 , 1992 �----
Mr. Gerard Goehringer, Chairman
Southold Town Board of Appeals
Town of Southold
Town Hall , 53095 Main Road
Southold, New York 11971
Re: McSherrv/O'Neill; SCTM #1000-48-1-22
Dear Mr. Goehringer:
Mr. McSherry and Mr. O'Neill would again like to pursue the
subdivision of the property referenced above, with the
objective of having the two residential structures each on its
own separate lot, while maintaining the existing uses of these
structures : one as a one-family residence, and the other as a
two-family residence.
As you know, there have been actions in the past which have
resulted in no net change in the status of the property, and
presumably the prior actions were concluded without prejudice.
In order to simplify as much as possible the work required by
both the Board and me, and with the goal of expediting the
overall process , I would appreciate it if we could arrange a
pre-application conference some time in the near future.
Please call me to arrange a date, or if you need more
information at this time.
ou s tru -
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J mes E. Fitzg r ld, r.
a subsidiary of
THE PECONIC EASTERN CORPORATION
FO 6ro 9 1 MEMORANDUM
SUPREME COURT, SUFFOLK COUNTY 9N)0MWt=KVW TRIAL TERM
JAMES P. O' NEILL and PETER J. PART 28
McSHERRY, Petitioners , ,
For a Judgment pursuant to Article BY ORGERA J. S. C.
78, of the CPLR
VS DATED OCT ? 1933 i•.,
GERARD P. GOEHRINGER, CHARLES
GRIGONIS , JR. , SERGE DOYEN, JR. , Index No. : 88-7993..:
ROBERT J. DOUGLASS , et ano , consti Motion Date: 7/T%88 (5/23)
tuting the SOUTHOLD TOWN ZONING MG SJ
BOARD OF APPEALS, Respondents' .
WILLIAM D. MOORE, ESQ. JAMES A. SCHONDEBARE, ESQ.
Atty. for Pets . Atty. for Resps .
Suite 3 , Clause Commons , POB 23 Town Attorney, Town of Southold
i m___
Mattituc NY 11952 Southold ��W.,
53095 Main Rd.
Southold , NY 11971
This is an appeal by petitioners from the decision of the Southold
Zoning Board of Appeals.
The petitioners are the owners of a parcel of real property upon
which two separate structures had been constructed as dwellings . The
petitioners sought to subdivide the property so that each structure would be
on its own separate parcel. The Board of Appeals denied the application as
presented but granted alternate relief allowing for the subdivision upon
boundaries different from the ones sought . However , the alternative relief
includes and provides that the subdivided parcels are "not to exceed one
single-family dwelling use. "
The petitioners claim that one of the two existing structures is
now and has been a two-family dwelling. That any issue concerning the use
of said structure as a two-family dwelling was not before the board and not
necessary to its determination concerning the subdivision issue.
However , the issue was raised at the first of two hearings as to
whether one of the structures was a two-family dwelling. Certificates of
Occupancy dated January 7 , 1977 were presented to the Board showing 220 Eight
St . as a "'N. C. two family dwelling" and 630 Wiggins St . as a "N. C . private
31 1t?b NS
r' -2-
one family dwelling. " There was no other evidence of a presently existing
two-family use.
The respondent board of appeals in its decision found as a fact that
the structures are single family dwellings and granted alternative relief
accordingly.
The board of zoning appeals contends that "no reference was ever made
either in petitioners application nor at the public hearings of a current use
of one of the structures as a two-family dwelling" (emphasis supplied) and
that there was no evidence at the hearing that one of the structures was a
continuing non-conforming use as a two-family dwelliing, and tiiat it that is '
the case many different considerations need be assessed before granting any
relief.
The petitioners are now faced with a finding of fact which they have
shown may be erroneous and which they maintain was not necessary or relevant
to a determination by the board, since petitioners did not suggest , request
or intend a change in the "use" of the properties . Under the circumstances ,
the petitioners did not have the opportunity to offer evidence with respect
to the actual use nor to argue the legal relevancy of the use to the applica-
tion.
Even though the board of zoning appeals may not have acted in an
arbitrary or capricious manner in denying the petitioners ' application as
submitted, the alternative relief, to the extent that it includes a "use"
condition that the petitioners did not request and do not want , cannot be
imposed upon the petitioners . Nor , in these circumstances , can the petitioners
impose upon the Town of Southold a subdivision to which it need not consent
without a full hearing on the issues which may affect its decision.
Accordingly, the decision of the zoning board of appeals is annulled
and the entire matter remanded to the Town of Southold for further considera-
tion.
Settle judgment.
VTC OR ; ORGERA, J. S . C.
INTER — OFFICE 1EM0
FROM THE TOWN ATTORNEY Is OFFICE .
TO: c Z
FROM:
DATE:
SUBJECT: tuL A,-x C
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MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. June 22 , 1988
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Please let this confirm that I have compared the attached
photocopies to the documents in our file in the - Matter of the
Application of JAMES O ' NEILL and PETER McSHERRY . under Appeal
No . 3607 and certify that they ar.e true and accurate reproductions .
(Pp . #1 -59 attached) .
C4!in a F. Kowa ski , secretary-
.So.utho.l d Town. Board of Appeals
A
1M f-M Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
ROBERT J. DOUGLASS June 20 , 1988
JOSEPH H. SAWICKI
James A. Schondebare , Town Attorney
Robert H. Berntsson , Assistant Town Attorney
Southold Town Hall
Southold , NY . 11971
Re : Appl . No. 3607 - O ' Neill and McSherry (Variances )
Pending Article 78 Proceeding
Gentlemen :
The attached photocopies have been compared with
our file in the above matter and are submitted herewith
for your use , as requested .
Yours very truly ,
Linda Kowalski
Secretary to the Board
Attachments (Pp . 1 -59)
b
k,
Griffing&Southwick,Inc.
55 North Ferry Road
Shelter Island,NY 11964
(516)749-0484 �.
May 5, 1988
Ms. Linda Kowalski, Z.B.A Secretary
Town of Southold
Main Road
Southold, NY 11971
RE: Matter of O'Neil and Mc Sherry
Dear Ms. Kowalski:
We are in receipt of a copy of your Inter-department memorandum
dated April 28, 1988. Mr. William Mullen, the Insurance Consultant,
has recommended that we write you and suggest that you let us know
the outcome of the meeting on May 12, 1988.
Very truly yours,
William C. Southwick
WCS/kah
Agents for Insurance Company of North America, Aetna Insurance Company and Bankers Standard Insurance Company, CIGNA companies
HH-7H2O
WILLIAM D. MOORE
P?ATRICIA C. MOORE
MOORE & MOORE
�J 4 ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
r 1 MAIN ROAD P.O. Box 23
MATTITUCK, NEW YORK 1 1952
ttt [ (516)298-5674
April 13 , 1988
Gerard Goehringer, Chairman
Southold Town Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Appeal # 3607 O'Neill / McSherry
Dear Mr. Goehringer:
In a letter dated April 12, 1988 I suggested to the Board that a
mistake was made in appeal #3607 in which the decision states
that there exists on that particular property in Greenport two
( 2) single family dwelling structures. In fact, there exists on
the property a single family dwelling structure and a two ( 2)
family dwelling structure which is a pre-existing use evidenced
by a certificate of occupancy dated 1977 which is .referred to in
the Board' s decision. In conversation held with the Board' s
secretary, we were advised that the decision as written was
proper and that no error had been made.
The existence and legitimacy of the two family use was not an
issue before the Board nor was there any legal requirement for
the applicant to address the preexisting use which is protected
by law. In any event, at no time during the proceedings was the
applicant advised that the Board did not recognize the legitimacy
of the existing two family use in the dwelling fronting Eighth
Street. Nor did the Board indicate that the granting of the
variance creating the two undersized lots would, in any way, be
conditioned upon the elimination of the existing two family use
in the one dwelling.
Had the Board questioned the validity of the two family use
evidenced by the -1977 certificate of occupancy, the applicant
could have presented the Board with proof that the two family use
has continued since the date of the certificate of occupancy.
Had the applicant known that the Board would condition its
approval upon the removal and termination of .the two family use,
the applicant could have considered withdrawing the application
to preserve the valuable property right they have in the legal
two family use. The applicant was not afforded either
opportunity and the issue was never raised in discussion in two
appearances before the Board with the applicant.
Moore & Moore
April 13 , 1988
On behalf of the applicant we ask that you amend the decision to
reflect the true state of facts which includes the existence of a
two ( 2) family dwelling on the property as evidenced by the
certificate of occupancy which, as a matter of law, is entitled
to a presumption of validity.
Very truly yours,
l ,
Will' am D. Moore
WDM:er
cc: James Schondebare, Town Attorney
James O'Neill
Peter McSherry
WILLIAM D. MOORE
PATRICIA C. MOORE
l
MOORE & MOORE
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P.O. Box 23 rJ [P U
• MATTITUCK, NEW YORK 1 1952
(516)298-5674
April 12, 1988
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, N.Y. 11971
Re: Appeal # 3607/0'Neil-McSherry
Dear Members of the Board of Appeals:
A mistake was made in the written decision for appeal #3607 in
paragraph #2 in which it is stated that there exist two ( 2)
single family dwellings on the property. By way of correction
which is confirmed by the certificates of occupancy #Z7458 and
#Z7457., there is a single family residence and a two family
residence located on this property. This correction should be
made in the findings of facts of paragraph #2 as well as the
final paragraph of the decision in which the area variance is
granted.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Wil iam D. oore
WDM:er
cc:James O'Neil
Peter McSherry
DocId: 041288. 3
e
U '
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
360-5513 DIRECTOR OF PLANNING
py
April 4, 1988 !`,q r j'�y,� 9'�-
? �
r ry a ) t
Town of Southold A g
Zoning Board of Appeals
Applicant: James P. O'Neill & Peter J. McSherry
Mun. File No. : #3607
S.C.P.D. File No. : SD-88-12
Gentlemen:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Comments: With the understanding that a modified subdivision line will be
effectuated to accommodate lot area(s)/frontage(s) of 5,000± sq. ft. each
respectively.
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
or f
le
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.L. NEW YORK 1178E
(51 6)360-51 92
22-LH-1:12187cs
Ln
tFY Southold Town Board of Appe.
MAIN ROAD STATE ROAD 25 1 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Pursuant to Article XIII of the Suffolk County- Charter , the
Board of Appeals of the ` Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
XX Variance from the Zoning Code , Articleili , Section 100-31• Bulk
Schedule
Variance from Determination of Southold Town Building Inspector
Special Exception , Article , Section
Special Permit
Appeal No . : 3607 Applicant : James P. O'Neill and Peter J. McSherry
Location of Affected Land : Corner of Wiggins St.and Eighth St. , Greenport, NY
County Tax Map Item No . : 10 00- 48-1-22
Within 500 feet of :
Town or Village Boundary Line
Body of Water (Bay , Sound or Estuary )
XX State or County Road , Parkway ,- Highway , Thruway .
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
approval of
COMMENTS: App1 i cant i s requesti ng TxxxlximGAxixa -to insufficient area, width
and. depth of two proposed parcels, each with an existing dwelling
Copies of Town file and related documents enclosed for your review.
Dated : April .1, 1988
i
AffUn
-
00
�1 A.
r South-old Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI March 30 , 1988
William D. Moore , Esq .
Moore & Moore
Clause Commons
P.O. Box 23
Mattituck , NY 11952
Re : Appl . No . 3607 - James P. O ' Neill and Peter McSherry
Dear Bill :
Transmitted herewith for your file and perusal is a
copy of the Board ' s findings and determination in the
above matter.
Since the project involves a subdivision , we ask
that you proceed with the Planning Board under the
requirements of Chapter 106 of the Town Code . A copy
of this determination is simultaneously being furnished
to their office for their records ..
It is requested when a subdivision plan has been
finalized that one original map be furnished for our
permanent file .
Please don ' t hesitate to call if you have any
questions .
Yours very truly ,
Enclosure GERARD P . GOEHRINGER
Copies of Decision to : CHAIRMAN
Planning Board By Linda Kowalski
Building Department .
Suffolk County Planning Commission
WILLIAM D. MOORE
PATRICIA C. MOORE
MOORE & MOORE /eff
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS ,
MAIN ROAD P.O. Box 23
MATTITUCK, NEW YORK 1 1952 �� G`t/f✓/✓..i'�r'.fC.'.+ + �4�
(51 6)298-5674 '� >�i✓ /! 'd^ Y
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April 1, 1988
Southold Town Zoning Board
Southold Town Hall
Main Road
Southold, New York 11971
Attn: Linda Kowalski
Re: McSherry/O'Neil
Our File # 136-87
Dear Linda:
Enclosed please find an amended survey by Roderick Van Tuyl last
dated March 28 , 1988 showing the set off with Lot #1 being 7 ,460
sq. ft. and Lot #2 5, 000 sq. ft. as requested by the Board.
Please provide a copy of the Board' s determination so that I
might proceed with the Suffolk County Health Department and the
Southold Town Planning Board.
If you have any questions, please do not hesitate to contact me.
Thanks for your cooperation.
Very truly yours,
Wi liam D. Moore
WDM:er
encl.
cc:James O'Neil
Peter McSherry
DocId: 040188 . 1
TRANSCRIPT, OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
SPECIAL MEETING OF
THURSDAY , MARCH 3 , 1988
Appl . - No . 3607
App_licant (s ) : JAMES O ' NEILL and PETER McSHERRY
Location of Property : N/s Wiggins and W/s 8th Streets , Greenport.
County Tax_.Map ID No . 1000- 48 = 01 _ 22 .
Board Members, present were : Chairman Goehringer P. Goehringer ,
Members Serge Doyen , Charles Grigonis , and Robert J . Douglass .
Absent was : Member Joseph H. Sawicki (out of state ) .
Also present were : Linda Kowalski , Board Secretary , and approxi-
mate)y 50 persons at this point in time in the audience .
The Chairman opened the hearing at 7 : 30 o ' cl.ock p .m. and
read the notice of hearing and application for the record .
This hearing was recessed from our February 18 , 1988 meeting ( as agreed ) .
CHAIRMAN GOEHRINGER: This was a hearing that was recessed from
the last regular meeting in the Matter of O ' Neill and McSherry ,
Appeal Number 3607 . You ' re on .
WILLIAM D. MOORE , ESQ . : I have a copy of the C . O. for the dwelling ,
which I didn ' t realize there were two. I got that for you first
off.
CHAIRMAN : Good.
MR. MOORE: And I may as well stay up here describing in writing ,
it may be easier. You had asked me the last time to see if we
couldn ' t re-draw the line of this proposed Lot Number 2 . I don ' t
know if you ' ve got the surveys in front of you , but I ' ll spread
them out again . This one has some additional information. You
also asked for the square footage of the dwellings .
CHAIRMAN : This is where Lot No . 2 is 3 ,228 sq . ft .
MR. MOORE .- Correct .
CHAIRMAN : Ok. .
MEMBER DOYEN : Thank you . (Copies were distributed to Board Members . )
MR . MOORE : We put on the square footage of the house , and that ' s
the change on this. survey that Mr. VanTuyl prepared for me .
You had asked originally to see if I could move the northerly
.property line in some fashion , and I can ' t do it because as I
show on this survey , and those surveys show as well , the cess-
pools for each of the respective homes-- I can ' t move that line.
any further north , otherwise I ' m incorporating pools from the
Page 2 - Transcript of Hearing - Appeal #3607
Matter of James O ' Neill and Peter McSherry
Board of Appeals - March 3 , 1988 - Meeting
MR. MOORE (continued) :
larger dwelling , which fronts on Eighth Street. The Health
Department has already said that they do not approve the
existence of septic systems on somebody else ' s land with an
easement to get to it to repair--they will not go for that.
CHAIRMAN: Right.
MR. MOORE: So I can ' t change that northerly property line .
What I did do was suggest pushing the easterly property line
out approximately -- how many feet did I do that? About
15 feet-- I ' m sorry , 22 feet. And if you do that as I show
. on this survey here , just my own scribblings-- 22 feet by 60--
you add an additional 1350 sq . ft. to that proposed Lot #2 .
It takes away the same 1350 from the larger Lot #1 , reducing
that one to 7882 sq . ft. It balances them out a little bit
better , but we really can ' t move this northerly line any
further north than it is because of the situation of the
cesspools . I can ' t go all the way to Eighth Street with
that easterly line because the water main is there and we
have to get the water access from the large house down to
the main . So that ' s about the best I could do . And I ' ll
leave this with you as an alternative to expand the size of
Lot #2 ; as the only feasible alternative from what we had
originally presented .
CHAIRMAN : And you said the footage on that was what?
MR. MOORE : By adding that additional square footage , it' s
approximately 1350 sq . ft. in that hatched area.
CHAIRMAN : And you said the dimensions were how much?
MR. MOORE: That should be 172 feet by -- I ' m sorry , 22 feet
by 60 feet. Twenty-two feet by sixty feet.
CHAIRMAN : Ok.
MR. MOORE: That ' s the only alternative we really have in
separating these two lots and. obviously we need a variance
to do it because there ' s no way we can separate these two
houses and come up with legal size building lots .
Pig-e S - Transcript of Hearing - Appeal #3607
Matter of JAMES O' NEILL and PETER McSHERRY
Board of Appeals - March 3 , 1988 Meeting
MR. CHAIRMAN : Ok , we thank you very much .
MR. MOORE: Thank you .
MR. CHAIRMAN : We are still on Appeal #3607 , which is O ' Neill
and McSherry . Is there anybody else that would like to speak
in favor of this. application ? - (No one ) Anybody like to speak
against the application? (No one ) Seeing no hands , I ' ll make
a motion closing the hearing and reserving decision until later. ,
MEMBER DOUGLASS: Second.
On motion by Mr. Goehringer , seconded by Mr. Douglass , it was
RESOLVED , to close the hearing and reserve decision until
later in the Matter. of Appeal No . 3607 - Application of
JAMES O ' NEILL and PETER McSHERRY .
Vote 'of the Board : Ayes : Messrs . Goehringer , Doyen , Douglass
and Grigonis . (Member Sawicki was absent . ) This resolution
was duly adopted.
Respectfully submitted ,
n
Linda F. Kowalski , Secretary
Southold Town Board of Appeals
WILLIAM D. MOORE
ATTORNEY AT LAW �SUITE 3, CLAUSE COMMONS ilC a�Ll11d ,(�
09,
MAIN ROAD
MATTITUCK, NEW YORK 11952 ? 'f~ �r "RE
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(516)298-5674 (n ,.. $ ta
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February 2, 1988
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11791
Attn: Linda Kowalski
Re: McSherry/O'Neill
Our File # 136-87
Dear Linda:
In confirmation of our telephone conversation of February 1st
please have a public hearing scheduled for the McSherry/O'Neill
variance on the February 18th calender.
Enclosed please find a letter from the Suffolk County Department
of Health advising that they would not consider the proposed
division of the land until action is taken by the Zoning Board.
Also enclosed is the survey by Mr. Van Tuyl indicating the
proposed division of the land into two unequal parcels. I
believe that the survey I have enclosed is slightly different
from the one in your file at this time. I will have a formal
survey to you in advance of the hearing date.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
William D. Moore
WDM:er
cc: James P. O'Neill
Peter J. McSherry
encls.
DocId: 020288 . 1
COUNTY OF SUFFOLK 2 22
JAN 2 71988
a ,
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES DAVID HARRIS,M.D.,M.P.H.
COMMISSIONER
January 25, 1988
Mr.. Walliam .Moore
Suite 3, Clause Ccmmns
Main Road
Mattituck, N.Y. 11952
RE: McSherry/O'Neil
Development
SCZM# 1000-048-01-022
Dear Mr. Moore:
The revised land division plan of the above referenced site
was presented to the Board of Review on January 22, 1988. The Board
requires approval from the Tawn's Zoning Board of Appeals prior to
further consideration.
Please suhmit the requested ZBA approval to this office.
Upon receipt, the Board of Review will render a determination.
Very truly yours,
Y
Walter G. Lindle
Bureau of Wastewater Management
WGL:ljr
COUNTY CENTER 548-3312
RIVERHEAD.N.Y.1 1901
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Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI f
February 13 , 1987
William D. Moore , Esq .-
P . O .. Box 427
Cutchogue , NY 11935
Re : Appeal No . 3607 - James P. O' Neill and Peter J . McSherry
Dear Bi l 1 :
This letter will acknowledge receipt of your recent appli -
cation . The members of the Board of .Appeals will obe conducting
field inspections and environmental re.vi.ews as _may be required
by State and local laws prior to scheduling your .application for
a public hearing.
It is requested in the interim that you proceed with the
X] Planning Board [ ] N. Y'. S . D. E . C. [ X. ] Co. Health Art. 6�
in . order that they may submit their. written comments or recom-
mendations as early as- possi.ble . . Upon receipt of their input ,
your application will be scheduled for the next .available hear
ing date .
If the above document (s ) are submitted by March 5th ,
it is expected that the public hearing would be held about the
latter part of March . A copy of the notice of hearings as
published in the Long I.sland. T.rave.ler-Watchman and the .Suffolk
Times will be sent to yo_u as confirmation .
Please feel . free to call at any time if you have any questions .
Yours very truly , ,
GERARD P . GOEHRINGER
CHAIRMAN
I
qg�Ttii nda e��l
cc : Planning Board
Building Department
I -
FFyLlr4 ,
P I' D
LD
y
Southold, N.Y. 11971
(516) 765-1938
February 24 , 1987
Mr. William D. Moore
Attcrney at Law
370 Terry Lane
Southold, NY 11971.
Re: Set off for McSherry and O'Neill
Dear Mr--Moore:
The following action was taken by the Southold Town Planning
Board, Monday, February 23 , 1987.
RESOLVED that the Southold Town Planning Board refer
the following comments to the Southold Town Board of Appeals
with regard to the set. off proposal for McSherry and O'Neill
located at Wiggins and Eighth Street, Greenport to set off
6, 221 square feet from 6, 239 square feet (map amended February
9, 1987) :
1. The lots proposed are less than the required area
of the zoning code, 80 , 000 square feet.
2. There are two existing houses on the site .
'If you have any questions, please don' t hesitate to contact
our office.
Very truly yours ,
ICYA6/)�,
BENNETTLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc: ZBA
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6Fi'TION 7209 OF THE NEW YO1"1 SMI r sp a
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vpp7E5 OF THIS SLI!'i'o EY my 1`iov
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AR R:A VALID r,,UE cnFt. s - __?> f31� E:L� •�C��.�A �J,�°, 'J` . �i
JDjaL".rrt.THE
LPERSO FD t!":�"ON SHALL dKV IL_l J®����+fC. V� �, `�.1 lL G.-7! ♦L..
flJ31Y f0 THE PERSON F62 WHOM THE 03YtS(
P3f+'A.�fD;AND ON HIS G:MAIF TO 9llf ,..ems e�fj J.:
�- e
jgLE COMP? NY,GOVERtIMENTAL ACTI,*v Fh
UTiN{DING INSTITUTION LISTED ME1010%I wi+w,
.�Tk1E ASBIWEES OF THE LEMDING UL7/...
QtilDpa;GUARANTE'LG ARE NOT TtAftwv to �.l ctrt cl 4.46 C� ZIr1(e�t dJ' 6
t ;+T*IT!WA%Iti )n1ttoNs nt S100f. -JF�-
1 owed ,� - :r7P� f9�8f��C30"�' ` '"'"; •i�C�'L4! 7G9t'blC � �6z
Southold Town Board of Appeals .._.
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y., 11971
TELEPHONE (516) 765-1809
APPEALS BOARD February 18,' 19 88
MEMBERS-
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,.JR. S.E.Q.R.A. -
SERGE DOYEN, JR.ROBERT J.DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination .of Non-Significance
APPEAL NO. : 3607
PROJECT NAME: JAME'S' O'NEILL and Peter MCSHERRY --
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse__effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be .
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.
project.
TYPE OF ACTION: [KyJ Type II [ ]. Unlisted [ ]
-_____DESCRIPTION OF ACTION: Insufficient area, width- and depth-of two
proposed parcels, each with an existing dwelling '
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Wiggins St. and Eighth St., Greenport, NY
48-1-22
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short. form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief. requested is not directly related to new con-,
struction as regulated by Section 617. 13 for a lot-line or area
variance-.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,,. Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
me
COUNTY OF SUFFOLK ss:
STATE OF NEW YORK
5
Patricia Wood, being duly sworn, says that she is the a
NOTICE OF RECESSED. Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
HEARINGS a public newspaper printed at Southold, in Suffolk County; L
PLEASE TAKE NOTICE,
and that the notice of which the annexed is a printed copy, Ii
that the following hearings will has been published in said Long Island Traveler-Watchman
be reconvened at a Special once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks
Meeting of the Southold Town.
Board of "Appeals at the
Southold Town Hall, Main successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . -
Road,Southold,NY on Thurs-
'day, MARCH'.3; 1988: D ��
7:30.p.m. 'Appl. No. '3607- day . . . 19 . . . . .
PETER McSHERRY AND -
JAMES O'NEILL:- :
.7:35 p.m. 'Appl. No. '3701=
IlCHARLES ZAHRA.
For additional information;
please call the Board of Appeals.
Office at 765-1809. `
GERARD P. GOEHRINGER, Sworn to before me this . . . . . . . .2. . . . . . . . . . . day of
CHAIRMAN
SOUTHOLD TOWN BOARD
OF APPEALS , , , , , , . . , 19
IT 3/3/88(2)
. . . . . . . . . . . . . . . . . . `-. .` �. . . . . . . . .
Notary Public
BARBARA FORBES
Notary Public, State of New York
No. 4806846
Qualified in Suffolk j�County
Commission Expires v"= t 3/19 ��
ss
the Town Law and the Code of STATE OF NEW YO R K
;)tlie I`oWn of:•Southold,• the.
following hearings will be`held.:
`Vk Ehe 'SOUTfiOLI)`TOWN
BOARD OF APPEALS at a Patricia Wood;'
Regular Meeting at the Southold .being duly sworn, says that she is the
..
Town Hall'!..Maur` Road*, I Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Southold,NY onTHURSDAY, ! . a public newspaper printed at Southold, in Suffolk County;
FEBRUARY 18: 1988 at the. and that the notice of which the annexed is a printed copy,
;following.times: � -' ' ,
r:-7:3.0 p.m. Appl. No:'3702 has. been published in said Long Island Travel er-Watch man
OLGA:CORDES..Variances to once each week for
the Zoning Ordinance, Article. • • `• • • • • • • • • • • • • • weeks
III, Section . 100-31, Bulk
Schedule, for approval of the successively, commencingon the
proposed insufficient area and ' . • • • • • • •
:width of,two parcels in t s perry v"
ding division of land locate&at' d o ?r`='?-y,.• • • •, 19
the south side of Sterling Road
(Nassau Farms),: Cutchogue, _..�
NY;.County Tax Map District . . . . . . .
1000,Section 104,Block 4,Lots . . • • • • • . . . • • ' ' '
17 and 18:
1:35 ,p.m. Appl. No. 3709-
EDWARD AND ORTRUD
HANDS. Special Exception to l Sworn to before me this . . . . . . . . . .��. . . . . . . . . day of
the Zoning Ordinance, to
establish one new Accessory
Apartment in the existing dwell-
ing structure in accordance with • • • • • • , 19 . . . . .
the requirements of Article III; I ticle VII,Section 100770(B),for
Section•100-30(B), subsection .; an Interpretation of "retail
15. Location of Property: 635 i shopping center" and for per- .
Lupton's Point Road, Mat- mission'to establish;convenience, . �G tituck, NY; County- I'ax Map store as an accessory-to the ex- •. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District 1000,Section 115,Block a isting.gasoline-service station. Notary Public
11, Lot 3. . ....
. . ..:......;� ; `location of Property::South
7:40 p.m. Appl. No. 3699- Side of Main Road, West Side
.EDWARD AND BARBARA --.,of Maratooka Lane,: and-East- BARBARA FO,'?BES
BETSCH:Variances to the Zon- :Side:of Sunset.Avenue, Mat- Notary Public, State of New York
ing Ordinance,Article III,Sec- tituck, NY County,Tax Map No. 4306846
tion 100-31, Bulk Schedule, for District 1000,Section 115;Block Qualified in Suffolk.County
permission to.construct`addi- 3,1 Lot 9. Zone District:-'B-1'.' . Commission Expires C 3/ 19 J'-f-
iion(s)to dwelling with an insuf, ! General Business:.:
6cientwesterly sideyard setback g:OS p.m._..AppL No, 3701=
and insufficient total sideyards. CHARLES'ZAHRA. Applica'-
Location of Property:` North. lion un er.Article XIV,Section
Side of Rabbit Lane,, East 142 of the Zoning Code.for a
Marion, NY; County Tax Map Reversal of Determination;of
Parcel No. 1000-31-17-15 ! 1'
Building..-.Inspector in hiss
7:45 p.m. Appl. No. 3607- Revocation of Building Permit
JAMES O'NEILL ' AND No:15428Z issued October 27,
PETER M c.SHERRY. 1986..Location of Property: 140
Variances to the Zoning Or- pike 'Street, Mattituck, NY,
dinance, Article 111, Section :. County Tax Map District 1000,
• 100-31, Bulk Schedule, for ap Section 141, Block'4, Lot 5.
proval of insufficient area,,,Lu Zone District: "B-W General
Width and depth of two propos- Business:
ed parcels,each.with an existing. -The Board of Appeals will
dwelling, located at,the corner hear at said time.and place all
of the N/s:Wiggins-Street and persons or representatives desir- .
the W/s.Eighth Street, Green- ing to be heard in each of the
port, NY, Map of S. Buel Corm above matters.Each hearing-will
win (1885) Lots 28 and 29,• not start before the time allot-
County Tax Map District 1000, ted. Written comments may be
ection 48, Block 1, Lot 22. submitted prior to the conclu-
7.:55 p.in.. TARTAN OIL sion of the subject hearing.For
CORP.: more information;,please call
(a) Appl. No. 3633- Special 765-1809.
•-Exception. under Article.VII, Dated: February 2, 1988
'Section, of the Zoning, ;gy ORDER OF-THE
;.Code for..approval .of the SOUTHOLD TOWN
establishment of a.partial self- OA BRD OF APPEALS
service gasoline station; and GERARD P. GOEHRINGER, 1�1
(b)Appl.No.3636-.Variance CHAIRMAN
_ to the'Zoning Ordinance, Ar- =;:' `:
,. ticles VI,Section 100-62(B),Ar- t .1 ;'Linda Kowalski;.
t .Board Secretary
1T-2/11/88(5) lour
BEPSCH. 'variances to the Zoning I: The Board of Appeals.will -- it;
Ordinance, Article III,Section 100- ;sat�,,tprie and'place all•peisons or
31 Bulk Schedule,for permission to representatives desiring to be heard in .
oc!istruct addition(s),to dwelling with beach of the above matters.Each hear-
an insufficient westerly sideyard set- !trig will not start before the time allot-
back and insufficient total sideyards. tied.Written comments may be sub-
Location of Property:North Side of Emitted;prior to the conclusion of the
Rabbit Lane, East Marion, NY; jsubject hearing. For-more informa-.
County,.Tax Map Parcel NO. 1000- [tion,.please call 765-1809.
31-17-15. IDated February 2;_1988.:
7:45 pm. Appl. No. 3607 'BY ORDER
JAMES O'NEILL and PETER OF THE.SOUTHOLD
McSHERRY.Variances to the Zon TOWN BOARD
ing Ordinance,'Article III, Section 4' OF APPEALS
100-31,-Bulk Schedule,for approval t GERARD P.GOEHRINGER,
of"insufficient area;width and depth fy m :..; -",_ `. CHAIRMAN
--- - of two proposed parcels,each with an Ltnda Kowalski,Board Secretary"
existing dwelling,located at the cor- 1TF11 1
} ner of the N/s Wiggins Street and the09 . 5
WIs Eighth Street, Greenport, NY
NOTICE OF liFAlutvcss •Map-of S.Buel Corwin(1885)Lots 28
NOTICE IS HEREBY. GIVEN, : and.29 ;County,,Tax Map District, 3 V j
pursuant to Section 267 of the Town. 1000,Section 48,Block 1,L.ot 22. . `" STATE OF NEW YORK 1 i
Law and the Code of the Town of 7:55 p.m.TARTANOIL CORP::: !
Southold,the following hearings will `' " (a)Appl.No:3633—.Special_ ) SS:
be held by the SOUTHOLD TOWN Exception under Article.VII Section
BOARD OF APPEALS at a.Regular 100-70(B) of the Zoning Code.for, COUNTY OFSUFFOLK
Meeting at the Southold Town Hall, approval of the establishment of a par-
Main Road,Southold,New York,on tial self-service gasoline station,and � b r + n nn t Pn to of Greenport, in
THURSDAY,• FEBRUARY 18, (b)Appl.No.3636—Variance
1988at the followingtimes: to the Zoning Ordinance,Articles VI, said County, being duly sworn, says that he/she is
7:30 p.m. Appl. No. 3702 — Section 100-62(B"),Article VII,Sec-.
OLGA CORDES. Variances to the tion 100-70(B),for an Interpretation Principal Clerk of THE SUFFOLK TIMES, a Weekly
Zoning Ordinance, Article III,, Sec- of "retail shopping center" and for Newspaper, published at Greenport, in the Town
tion 100-31,Bulk Schedule,for ap- pemtission to establish convenience
proval of the proposed insufficient store-as an accessory to the existing of Southold, County of Suffolk and State of New
area and width of two parcels in this gasoline-service station.
pending division of land located at the Location of ,Property: South York, and that the Notice of which the annexed is
south side of Sterling Road(Nassau Side of Main Road, West Sid, of a printed Copy, has been regularly published in
Farms),Cutchogue,NY;County Tax Marratooka Lane, and East Side of once C e each W e a k for 1
Map District 1000, Section 104, Sunset Avenue, Mattituck, NY; said Newspaper 11
Block 4,Lots 17 and. County Tax Map District 1000,Sec- Weeks successively, commencing on the
7:35 p.m. Appl.-No.No. 3709 — tion 115,Block 3,Lot 9.Zone District:. F p r 7 a r V 19$$
EDWARD AND ORTRUD HA- "B-1"General Business. day of
NUS.Special Exception to the Zoning 8:05 p.m. Appl. No. 3701 —
Ordin�nce,.to establish one new Ac- CHARLES ZAHRA. Application
�cessory Apartrrtent m t2ie"existing' under Article XIV,Section 142 of the
dwelling structure in accordance with . Zoning Code for a Reversal of Deter-
the requirements of Article III;Sec- mination of Building Inspector in his Principal Clerk
tion 100-30(B),subsection 15.Loca-• Revocation of Building Permit
tion of Property:635 Lupton's Point f115428Z issued October 27, 1086. /
Road, Mattituck, NY; County Tax Location of Property:140 Pike Street,
Map District 1000,: Section 115, Mattituck, NY; County Tax Map Sworn to e e t�1a this---���
Block 11,Lot 3. District 1000,Section 141,Block 4, 19��
7:40 p'.m. Appl. No. 3699 — Lot 5.Zone District: "B-1"General day Of — *VARY K.OEGNAN
EDWARD AND BARBARA3,, Business. // NOTARY PUBLIC,State of New York
/ ` ►-vL,C'`� Suffcll; 4�G9fi50
Expires Eebr;aa;JC7r19J'
�7777
._I
�ocwF�OL�{t®G
W.
cj; 4 Hst. K 1 Southold , Town Board of Appeals
MAIN,. ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L . I . Traveler-
Watchman , In.c. and Suffolk Weekly Times , Inc .
Someone should appear in your behalf during the public
hearing in .the event there are questions from board members
or persons in the audience . Please be assured that your*
publi-c.'.hearing will not start before the ti-me allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very , tr 1
1 V
G RARD P . GOEHRT GER
CHAIRMAN
Linda Kowalski
Secretary a.nd Board Clerk
Enclosure
Southold Town ®"�d of Appeals .
'`•..art, �'�- .
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
� r
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
NOTICE OF RECESSED HEARINGS
PLEASE TAKE NOTICE , that the following hearings will be
reconvened at a Special Meeting of the Southold Town Board of
Appeals at the Southold Town Hall , Main Road , Southold ; NY
on Thursday , MARCH 3 , 1988:
7 : 30 .m . A 1 . 0 - 'p pp No 36 7 PETER McSHERRY AND JAh1ES 0 NEILL;
7 : 35 p .m. Appl . No . 3701 - CHARLES ZAHRA.
For additional information , please call the Board of
Appeals Office at 76571809.
GERARD P . GOEHRINGER , CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Copies mailed 2/25/88 to :
L . I . Traveler
Suffolk Times
Eric J . Bressler , Esq .
William D. Moore , Esq . ( 1�
Board Members
I
• Town Hall, 53095 Main Road
�- P.O. Box 728
Southold, New York 11971
JUDITH T.TERRY TELEPHONE
TowN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 13, 1987
To: 'Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3607 .application of
James P. O'Neill submitted by William D. Moore for a variance.
Also included are accompanying papers as outlined in the letter of
transmittal fromzn Mr. Moore, dated January 13, 1987.
Judith T. Terry. -
Southold Town Clerk
(516)765-12137
WILLIAM D. MOORE
ATTORNEY AT LAW
370 JEZZy Lanz
eSoutfiold, chew (Yo4 n9w
January 13 , 1987
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Att: Linda Kowalski
Re: O'Neill variance for setoff
Dear Linda:
Enclosed please find the following with reference to an
application for a variance from the bulk and parking schedule for
a setoff creating under-sized lots:
1. Notice of Disapproval from Building Dept.
2 . Application for variance ( 3 copies)
3 . Notice to Adjoining Property Owners (with receipts of
mailing)
4. Survey of property ( 6 copies)
5. Short Environmental Assessment Form
6. Wetlands letter
7 . Check payable to the Southold Town Clerk in the sum
of $150. 00.
Please advise when this matter will be scheduled for a
hearing. If you have any questions please do not hesitate to
contact me.
Very truly yours,
0/011-
Wi liam D. Moore
Encs.
�r� e ,}:.�.-r '����.Ztf a:,•s„4,,s.a.-•n7 ��@'.�>�s �"-r�-•L.ti�" .^tad- � �� �.�---3•°»f�.s'f„�+aya,.�'
F
�� —•�C.� �61�_,c.,�_-er�..fi.-adLe ati.-L olr �L( l.�•d•�.-�-� �l."".�qT.-"�.'''t'�..r&....
Lw
,BAN 131987 TOWN OF SOUTHOLD, NEW YORK 4
TeWo CWk*@*ROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE 6
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) ..James...P.. O'Neill.........................of ............12.9. Roxbury...}load..........................
Name of Appellant Street and Number
Garden City, NY 11530
................................ ... ..................................... ......... ..............HEREBY APPEAL TO
Municipality State
I
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. October , 19 8 6
DATED .......................15...............................
IWHEREBY THE BUILDING INSPECTOR DENIED TO
William D. Moore
.................................................................................
Name of Applicant for permity
of 370 Terr Lane Southold NY
�1 ..................... .............................................. .... ...................................................
Street and Number Municipality
State
I ( ) PERMIT TO USE
x) . PERMIT FOR OCCUPANCY
i 1. LOCATION OF
THE PROPERTY
6 Wiggins St and 220 Eighth St A Residential
Street Use District on Zoning Ma
1000 048 01=22
r Suff. TaN... ap,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.Current Owner Peter J. Mc Sherry and James
i /vlap No. Lot No. P. O'Neill
i
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100- 31 Bulk and Parking insufficient total area
3. TYPE OF APPEAL Appeal is made herewith for
( X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal :( ) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance.to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is re nested or the r ason thatappellan.t wishes to setoff the property into
two �arce s wit�i an existing dwelling on each lot. The proposed -:lots
are undersized and do not satisfy the bulk and parking schedule.
Form zB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary-HARDSHIP because
Appellant has no means other than a variance by which
to separate the two houses into two separate parcels and no means by,-
which to avoid the creation of non-conforming lots with a set-off.
Approval of the proposed lots as set-off will enable appellant
to sell the residences individually to purchasers who might not
otherwise be able financially to purchase the parcel with two houses
upon it. Approval of the proposed set-off would eliminate the non-
conforming existence of two principal dwellings on the single lot.
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 bec•ouse this single parcel has two
dwellings upon it while the surrounding parcels which are also non-
conforming in size have single dwellings on each lot.
I`
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER.OF THE DISTRICT because the vast majority of the parcels
in the surounding area are undersized lots with single family resi-
dences . The proposed set-off separates the two houses on the single
lot into two similarly undersized lots
STATE OF NEW YORK ) 1
COUNTY OF � ss Signature.
James P. O'Neill
Sworn to this .. ............................... day of,'.... :...... 19
Chi
nNotar Publi
JO��°�'ItVc crJY� GW�(Oi�t
i--„ ,
Notary
i_1 in;Gina, anti
coinmi
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
James P. O'Neill NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request (Variance) Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 635 Wiggins St. and 220 Eighth. St. Greenport Suffolk
County tax map # 1000-048-01-22
3. That the property which is the subject of such Petition is located in the following zoning district:
A RPsidentii�l Agrir-lil --oral
4. That by such Petition, the undersigned will request the following relief: variance to
permit the division of one lot into two undersized lots with a
preexisting dwelling on each lot
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article I I I Section_ 10 0-131
[ ] Section 280-A, New York Town Law for approval of access over right(s)-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
examine the same during regular office hours. (516) 7�5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such
hearing in the Suffolk Times and in the Long Island Traveler-M ttituck Watchman, newspapers published in the
Town of uthold and designated for the publication of suc n tices;that you or y ur repres tative have the
right to r and be heard at such hearing `
Dated:
RE— D : ,j oIAIOW y 13/ 1987
/ P tits er
wners ' Names : Peter J. cSherry and
Post Office Address James Neill
c/o William D. Moore, Esq.
Main Road PO Box 427
NY 1±955
(Tel - 516-734-6807
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Mr & Mrs Edward Pultz 816 Wiggins Street .
Greenport, NY 11944
Joan Richter 214 Oak Street
Greenport, NY 11944
Estate of Frank B. Corwin 807 Front Street
Greenport, NY . 11944
r
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK )
William D. Moore residingat 370 Terry Lane
Southold, NY being duly sworn, deposes and says that on the /3M day
of T2AIWVT 119 3 7 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice Ur that said Notices were mailed to.each of said persons by
(certified) e ' e ) mail.
' r
Sworn to before me this
day of l , 19
\\ Notary Public
PATRICIA C.MOORE
NOTARY PUBLIC,State of Now York
No.4861668, Suffolk County
Commission Expires Juno 16,1988
(This side does not have to be completed on form transmitted to adjoining .
property .owners.. )
i
• FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . ... . . . . . . . . . . . ... . . . . . . . . . . . . . .. . Date Q. � . . . . . . ., 19
®'
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . Cie .. . . .J 5. . . . . . .. 19
for permit to-e000kw t . "� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property I."S. 5 .a1v ,� � j'�
House No. Street Hamlet
County Tax Map No. 1000 Section . . . Q'. �. . . . . . Block . . . . .9.f . . . . . . I.ot . . . ?-®. . . . . . .
Subdivision . . . . . . . . . . . . . . . ... Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . ... . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds -+wM . 1. . c - .
'�... . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . .
JAI. . sa,a•�+. 1. -�. ,Po ,:.-�,., ,l w�.cw.�►c . . . . . ..
,(.►�.a.••�i c-p.!.,.� .�T!� . : L.
tu . .. . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
RV 1/80
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF is is assumed that the
preparer will use currently available information concerning the project and the
likely impacts of the action. It is not expected that additional studies, research
or other investigations will be undertaken.
(b) If any question 'has been answered Yes the project may be 'significant and a
completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this project is
not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? • . • . . . . • ._ . Yes _L No
2. Will there be a major change to any unique or
unusual land form found 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, on
groundwater quality? • . • . . . • • Yes X No
M• ,,r 5. Will project significantly__ effect drainage flow
CL N N, on adjacent sites? Yes x_ No
d �
La. _J 6. Will project affect any threatened or endangered
0 plant or animal species? . Yes _y No
Z O 7. Will project result in a major adverse effect on
< 0 air quality? • • • • • • • • • • • • Yes X No
O U tr O
m r— X 8. Will project have a major effect on visual char-
(5 ¢ O acter of the community or scenic views or vistas
O known to be important to the community? Yes X No
N2 9• Will project adversely impact any site or struct—
ure of historic, pre—historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? Yes X No
10. Will project have a major effect, on existing or
future recreational opportunities? Yes _y- No
11. Will project.result- in major traffic problems or
o cause a major effect to existing transportation
N systems? Yes o_ No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disttrb—
.- ance as a result of the projects_ operation? .Yes x_ No
a�
s' 13. Will project have any impact on public health or
(D safety? Yes _x" No
N
r° 14. Will project affect the existing community by
a)
r directly causing a growth in permanent popula—
tion of Mon than 5 percent over a one—year
period o h ve a major nega ive effect on the
charact o the community r neiborhood? . Yes y_ No
t .
15. Is ther p c controv r CoA(g
ing the project? Yes X No
PREPARER'S SIGNATURE: Utt=LE 2wner
REPRESENTING: ATE:
9/1/78
1
J I
riC ay
f
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971•
Re: Appeal Application of Peter J. ,McSherry and James P. O'Neill
Location of Property: E35 Wiera; ns St and 220 Eighth St
NY _
Dear SirZ. :
In reference to the New York State: Tidal Wetlandz Piand-Us
Rc:,ulations, G rJYc:t , Part 661, and Article 25 of the Ve'a York
State- Environmental Conservation Law, please be advised that t:
Suoject property in the within appeal application:
Q chOck cme box) .
r
May be located within 300 feet o-
� tidal W(_*:tl.zr.c1 :
tl(-,a,over, constructed along, the water-lying edc,-,
of this property is a bull;hoad in very good
conditicn and at least 100 feel- in :lercth. k
( ) Maybe located within 300 feet of t i da_ rye,l
- � anc.; ,
holJever, conztrL'c#:cd along the wa;e*--1 r-
1-•.c er7e i
o: this property is a bul%head in heed of (Minor)
(major) repairs , and appro::im:,tely feet in
length. .
May be located within 300 fe,2t of tidal we d•• •
however, constructed al•o;1Q the wate•-_1ncj d3a
Of this property is a bulf.licad less than100Ft
• in length. _
l May be _loc',ted Within 300 feet of tidal wetlands
and there is no bul-khez!d or cL,.,lc=etc•
on the premises. •
e:.z st ,n
" ( X ) Is not located within 300 feut of tidal wetlands
to the best of my knot-Il :dgc . k
(:; tarrCd l te!n (�`) illd r 'f doe'.
not appear to fall within the jur i odict:ionyour a11: Lo „•
N .Y.S . D . C.C.
Si ccrcly you
l:OTC: If proposed proj -'ct f.1 s t�itllil� D. E.C. juriLdi-ction ,
approval must be received and sut;:nit�dd to our office before
Your application can be _;chcdulcd for a public hcaring.
t Standard N.Y.B.T.U. Form 8007_101 -Bargain and Sale Deed,with Covenant against Grantor's sits (dual or Corporation.
CONSULT YOUR LAW�i B. RE SIGNING T INSTRUMENT-THIS►�rRU, T SHOULD BE USED BY LAWYERS ONLY
T �NDEUPAGE O�. V"'
a 1157 I NTUIttE,made the day of lr YI ,nineteen hundred and eighty—two
BETWEEN JOHN F. HUNTER and EILEEN- HUNTER, his wife residing at
205 Hawthorne Road, Kings Park, New York 11754,
party of the first part,an
PETER�McSHE4RY, residing at 70 Reyam Road, Lynbrook, New
York 11563 and JAMES P. O'NEILL, residing at 129 Roxbury
Road, Garden City, New York 11530,
party of the second part,
WITNESSETH, that the party of the first part,in consideration of
ONE HUNDRED ($100.00) 00/100--------------------------------- dollars,
lawful money of the United States,and other valuable considerations paid
by the party of the.second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain.plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the Town of Southold, County of Suffolk and State of New Yo
DIST. bounded and described as follows:
1000 North by land now cr: formerly of Corwin, east by Eighth Street, south
by Wiggins Street and west by land now or formerly of Pultz; said
premises also known and designated or-+ a certain map filed in the
SECT. office of the Clerk of the County of .;Suffolk entitled "Map of the
048.0r pre,:- ses of S. Buel Corwin, Greenpor-1 . Suffolk County, N.Y. made the
13th of June, 1882, J. W. Case, Survcj.ror , as Lots Nos. 28 and 29
which, taken together, are bounded on,::the north by lots nos. 6 and 7
as laid down on said map, on the east by Eighth Street, on the south
BLOCK by Wiggins Street and on the west by Lots Nos. 11 and 12 as laid down
O�l,o on said map, said 4ots being each 50 feet in width front and rear,
fronting on Wigginf Street and 125 feet in depth.
LOT Premises .are also described as:
022, Ec, BEGINNING at the intersection of the northerly line, of Wiggins Street
with the westerly line of Eighth Street from said point of - beginning
running along said northerly line of Wiggins Street, .north 89 degrees
30 minutes 30 seconds west 100.41 feet to land of Pultz; thence along
`;. said land of Pultz, north 6 degrees 34 minutes 00 seconds east 124.33
}� feet to land of Corwin; thence along said land of Corwin south 89 de-
w . -`:.. J.:-J grees 58 minutes 00 seconds east 100.60 feet to said westerly line of
Eighth Street; thence aloeg said westerlyline south 6 degrees 36
f minutes 40 seconds west 125.13 feet to the point of beginning.
Being and intended to he the same premises conveyed to the party of
the first part by deer` from Peter F. Miller dated August 7, 1976
a- recorded in Liber 8086 cp.49.
Q RECEIVED
REAL ESTATE
SEP 3 1982
TR.A?4SFER TAX .
SUFFOL K
1
Ln[0236 PACE k.A`�
TOGETHER with all right, title and interest, if any, of the party of the first part.in and to any streets and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever,,except as aforesaid. In
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
:t
the same first to the payment of the cost.of the improvement before using any part of the total of the same for
any other purpose. :S
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. ;3
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above f
written. ;
IN PRESENCE OF:
/•
ohn Hunter
Eileen Hunter -
' '. _. .s.. - _ •
6 599—Requeel for)udlrhl Inlerren11on.22 NYCRR 202.6.10-86.
JULIUS BLUMBERG. INC.. PUBLISHER
c ♦ 62 WHITE STREET.NEW YORK.N.Y.1001 3
f
For Clerk Only
SUPREME Court, SUFFOLK County Index No.
Full title of action Date purchased
JAMES P. O'NEILL and
PETERJ. MCSHERRY, .........................................................
IAS entry date
Petitioners,
For a Judgement pursuant to
Article 78 of the CPLR
........................
REQUEST FOR Name of assigned judge
JUDICIAL
Pelitioner(s)
against
INTERVENTION ......-....-.-----L)aleorassign
GERARD P. GOEHRINGER, CHARLES ment
GRIGONIS,JR. , SERGE DOYEN,JR. ,
ROBERT J. DOUGLASS and JOSEPH
H. SAWICKI , constituting the
SOUTHOLD TOWN ZONING BOARD OF ❑ Issue joined (date............................................................) (check if applicable)
APPEALS ❑ Bill of particulars served (cheek if applicable)
In the City of New York only:
❑ The City of New York is a party to this action.
)9Xfib7rr1#iXqq ❑ The -I'ransit Authority(or MABSTOA) is a party to this action.
Re sp.....1—if.
NATURE OF JUDICIAL INTERVENTION (check)
❑ Request for preliminary conference ❑ Other ex parte application
❑ Note of issue and/or certificate of readiness Notice of petition (return date--.May 23, 1988
❑ Notice of motion (return date ................................................................) Relief sought .-.Article 78 Review )
.............................................................................
else[sougllt ........ determination of Zoning Board
......................................................................:................................................ ..............................................................
..............................................................................................................................
❑ Or
...d...er.......to....s..h......ow.......ca u.t.... ........................................................................................ ❑ Notice of medical malpractice action
se e ❑ Notice of dental malpractice action
(Clerk will enter return date ....................................................................) ❑ Statement of net worth
Reliefsought ...................................................................................................... ❑ Writ of habeas corpus
.................................................................................................................................. ❑ Other(specify):...............................................................
.......................................................................................................................
........................................................................................................
NATURE OF ACTION OR PROCEEDING (check)
Tort❑ Motor vehicle Special Proceedings
❑ 'lax certiorari
❑ Medical malpractice emnat
❑ Condion
❑ Dental malpractice El Foreclosure
❑`Seaman ❑ Incompetency or conservatorship
❑ Airline Otherspecial proceeding,
❑ Other tort, including but not limited to personal injury. ❑ Article 5 (arbitration)
luding but not limited to:
property damage, slander or libel (specify): ...................................... ❑ Article 77 (express trusts)
.................................................................................................................................. IN Article 78
.......................................................................................... .......... ❑ Otlier(specify):....:........................
El OTHER ACTION Matrimonial (contested) ❑ Contract
❑ Matrimonial(uncontested) ❑ Other
(specify):..........................
.......................
Instru.tions: Attach rider sheets if necessary to provide required information.
if any party is appearing pro se (without an attorney), the required informa
provided for attorneys. tion conFerging such party is to be entered in the space
r
Attorney(s)for plidAll)/petitioner(s)
Name Address Phone
Moore & Moore Suite 3 , Clause Commons (516) 298-5674
Main Road, P.O. Box 23
Mattituck, New York 11952
Attorney(s)for tfofe�9M(i)ffrespondent(s)
Name Address Phone
,lames A. Schondebare, Esq. Southold Town Hall (516) 765-1800
Southold Town Attorney Main Road
Southold, New York 11971
Name of insurance carriers(if applicable and available)
RELATED CASES(if none, write"NONE"below)
Title Index N Court Nature of relationship
NONE
I affirm under penalty of perjury flint,to my knowledge,other than as noted above,there are and have been no related
actions or proceedings,nor has a request for judical intervention previously been filed in this action or proceeding.
Dated:......1- - ... .--a.o.------•---------------------- t..
Sig&re—tyipame belo
Attorneys)for Petitioners William D. Moore
Office& P.O.Address
WILLIAM D. MOORE
SUITE 3 CLAUSE COMMONS
P.O. BOX 23
MATTI' uCK, NY 11952
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------x
JAMES P. O'NEILL and PETER J. MCSHERRY,
Petitioners,
For a Judgment pursuant to Article 78 NOTICE OF
of the CPLR PETITION
-against-
GERARD P. ' GOEHRINGER, CHARLES GRIGONIS,JR. ,
SERGE DOYEN,JR. , ROBERT J. DOUGLASS and
JOSEPH H. SAWICKI , constituting the
SOUTHOLD TOWN ZONING BOARD OF APPEALS,
Respondents.
-------------------------------------------x
S I R S
PLEASE TAKE NOTICE that upon the annexed Petition of James.
P. O'Neill and Peter J. McSherry, verified on April 26, 1988 and
upon the exhibits hereto attached, the undersigned will apply at
an IAS Term of the Supreme Court, held in and for the County of
Suffolk, at the courthouse thereof, Griffing Avenue, Riverhead,
on the 23 day of May, 1988, at 9: 30 a.in. , or as soon thereafter
as counsel can be heard, for a judgment pursuant to .CPLR Article
i
78, revising and annulling the determination of the Southold Town
Zoning Board of Appeals dated March 23 , 1988, and filed with the
I
Southold Town Clerk March� 31, 1988 in the matter of Petitioners '
application for a zoning board determination seeking variances
from the Southold Town Code requirements and granting such other
i
and further relief as to the court may seem just and proper_
together with the costs of this proceeding. i
i
i
i
Dated: Mattituck, New York
April 24, 1988
Yours, etc. ,
WILLIAM D. MOORE, ESQ.
Attorney for Petitioners.
Suite 3 Clause Commons
Main Road P.O., Box 23
Mattituck, NY 11952
( 516) 298-5674
TO: TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
• i
f)
• 4
i
•
2 (�
!
• i
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------
JAMES P. O'NEILL and PETER J. MCSHERRY,
Petitioners,
For a Judgment pursuant to Article 78 PETITION
of the CPLR
-against-
GERARD P. GOEHRINGER, CHARLES GRIGONIS,JR. ,
SERGE DOYEN,JR. , ROBERT J. DOUGLASS and
JOSEPH H. SAWICKI, constituting the
SOUTHOLD TOWN ZONING BOARD OF APPEALS,
Respondents .
-------------------------------------------x
The Petition of JAMES P. O'NEILL and PETER J. MCSHERRY
respectfully shows:
1. The Petitioners are the owners of certain real property
located at Eighth Street and Wiggins Street, Greenport, Town of
Southold, State of New York.
2. The Respondents, Gerard P. Goehringer, Charles
Grigonis, Jr. , Serge Doyen, Jr. ,Robert Douglass and Joseph H.
Sawicki at all times herein mentioned constituted and still
constitute the Southold Town Zoning Board of Appeals of which
said board Gerard P. Goehringer is and was at all times chairman.
3 . The Petitioners hereby appeal the decision of the
Southold Town Zoning Board of Appeals which denied certain
valuable property rights of the Petitioners without cause and
without due process in the course of an application for a
variance from requirements of the Southold Town Zoning Ordinance.
4. The Petitioners property is improved by a one and a
half story frame house and a two story frame house used as a two-
family residence as depicted on the survey of Roderick Van Tuyl
last amended March 28, 1988, a copy of which is attached and made
a part hereof and marked as Exhibit A.
5. In an application to the Respondent dated January 13,
1987 Petitioners requested the necessary area variances from the
Respondent to divide the parcel into two separate lots in such a
way that a residential structure would be situated on each of the
lots. Application was made pursuant to Southold Town Zoning
Ordinance Article III section 100-31 for approval of insufficient
area, width and depth of two proposed parcels each with an
existing dwelling. (A copy of the application is attached and made
a part hereof and marked Exhibit B)
6. Public hearings were held on the application on February
18, 1988 and March 3 , 1988 at which time Petitioner submitted
certificates of occupancy numbered Z7457 and Z7458 dated January
7, 1977. Certificate of occupancy # Z7457 clearly states that
the two story frame house is a non conforming private two family
dwelling constructed before the effective date of the Southold
Town Zoning Ordinance. (A copy of certificate of occupancy Z7457
is attached and made a part hereof and marked Exhibit C)
7 . In the written decision of the Southold Town Zoning
Board the board purportedly made a finding of fact that there
- exists on the premises a one and a half story frame single family
dwelling and a two story frame single family dwelling. In
addition, while approving the requested variance to divide the
single parcel into two separate lots with a residential structure
on each lot as requested in the variance application, the
Respondent limited the use of each residential structure to
single family dwelling uses. (A copy of the Board' s decision
dated 'March 23 , 1988 is attached and made a part hereof and
marked Exhibit D)
B. The two-family use of the two-story house was never an
issue before the Zoning Board. The two-family use which predates
the effective date of the Southold Town Zoning Ordinance, as
evidenced by the certificate of occupancy submitted to the
Respondent, has never been challenged. The application before the
Board was solely for the necessary lot size and setback
variances to permit the division of the lot into two separate
parcels.
9. In the two public hearings for these variances, the
Respondent never questioned the existence or legitimacy of the
two family residential use in the two story structure. There is
absolutely no evidence or information in the record of the
application for the variance questioning the existence of the
two-family use. It simply was not an issue before the Board.
10. The Respondent' s decision to approve the variance but to
limit the use to single family residences was made in direct
contradiction to the two family status evidenced by the
certificate of occupancy Z7457 . This condition upon the variance
is improper because it has no relationship to the variance
requested and because it eliminated with no notice whatsoever, a
valuable preexisting use of the Petitioners ' .
11. The Respondent' s decision to limit the structures to
single family residences in each structure eliminated a valuable
property right of the petitioners without due process.
12 . The ruling as made was outside of the jurisdiction of
the zoning board of appeals since the status of the two family
use was not an issue in the variance application before the
Board. In addition the elimination of the valid preexisting use
was both arbitrary, capricious and an abuse of discretion as well
as an error of law in that it was eliminated without due process
and without any foundation in the record before the Respondent.
Finally the elimination of the two family use was in no way
supported by substantial evidence presented at the hearing.
13 . There was absolutely no evidence in the record or
question raised by respondent that the two family use was not
valid. The Respondent' s cavalier elimination of a legal use
constitutes the taking of the Petitioners' property rights
without due process of law.
Wherefore petitioners respectfully pray that the
determination of the Respondent Southold Town Zoning Board of
Appeals be revised and that the variance be directed to be issued
without the limitation of single family use and for such other
and further relief which to the Court seems just and proper.
Dated: April 24, 1988
Mattituck, New York Yours; etc. ,
WILLIAM D. MOORE, ESQ.
Attorney for Petitioners
Suite 3 Clause Commons
Main Road P.O. Box 23
Mattituck, NY 11952
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------
JAMES P. O'NEILL and PETER J. MCSHERRY,
Petitioners,
For a Judgment pursuant to Article 78
of the CPLR VERIFICATION
-against-
GERARD P: GOEHRINGER, CHARLES GRIGONIS,JR. ,
SERGE DOYEN,JR. , ROBERT J. DOUGLASS and
JOSEPH H. SAWICKI, constituting the
SOUTHOLD TOWN ZONING BOARD OF APPEALS,
Respondents.
-------------------------------------------x
STATE OF NEW YORK )
COUNTY OF NEW'YORK ) ss. :
JAMES P. O'NEILL being duly sworn, say: I am the Petitioner
in the within action; I have read the foregoing NOTICE OF 1
PETITION and PETITION and know the contents thereof; -the same is
f
true to my own knowledge, except the .matters the stated
to be alleged on information a bel' ef, and as to hose .ma ters p
I believe it to be true.
am P. O'N ill
Sworn to before me on
theo?(,q)day of ' 1988
No ar. Public
WWWAIG
_22 I�.a M w tRo�c I
COWAdffiisi E pkM AuW 31.J
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TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE .P9..y.r....Z4u...j.?.8 6
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ..James.. P.....0'Neil l.........................of ............12.9..�i4�3� ?u. :Y...�ioad...
. . . .. .. ... .......................
Name of Appellant,. Street and Number
Garden City, NY 11530
............................................................................................. ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
NO. .................................... DATED .October...15.....' 198...............
APPLICATION FOR PERMIT ,
WHEREBY THE BUILDING INSPECTOR DENIED TO
William D. Moore
.................................................................................
Name of Applicant for permit
of 370 Terry Lane Southold NY
....Street and Number.... .. . . ........Municipality....................State.......................
( ) PERMIT TO USE
( x) PERMIT FOR OCCUPANCY..
1. LOCATION OF THE PROPERTY 635 Wiggins. St. and 220 Eighth St A Residential
..... ................. ........... .......
1000-048-01L22
Street ....................... ... .. ..
Use District on Zoning Map
Suff ..AX...(ysap, ,, ,,,,,,,,,,,,,,,Current Owner Peter J. McShe
.... .e.. ................... ..,.,.. rry and James
Map No. Lot No. P. O'Neill
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 100-131 Bulk and Parkinq insuffiniont tot-al area
3. TYPE OF APPEAL Appeal is made herewith for
( X) A VARIANCE to the Zoning Ordinance or Zoning Map '
( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ........................................... .�........................
REASON FOR APPEAL
( ) A Variance,to Section 280A Subsection 3 1
( X) A Variance to the Zoning Ordinance
is re nested for the r ason that appellant wishes to setoff the property into
two �arce s with an existing dwelling on each lot. The proposed lots
are undersized and do not satisfy the bulk and parking schedule.
Form zs1 (Continue on other side)
r . '
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
Appellant has no means other than a variance by which
to separate the two houses into two separate parcels and no means by;
which to avoid the creation of non-conforming lots with a set-off.
Approval of the proposed lots as set-off will enable appellant
to sell the residences individually to purchasers who might not
otherwise be able financially to purchase the parcel with two houses
upon it. Approval of the proposed set-off would eliminate the non-
conforming existence of two principal dwellings on the single lot.
2. The hardship created is UNIQUE and is not shared by all properties alike ,in rthe immediate
vicinity of this property and in this use district because this single parcel has two
dwellings upon it while the surrounding parcels which are also non-
conforming in size have single dwellings on each lot., ' ' '
3. The Variance would observe the, spirit of the Ordinance,.and. WOULD.., NOT. CHANGE. THE
CHARACTER OF THE DISTRICT because the vast majority- of the parcels .
in the surounding area are undersized lots with single family resi-
dences. The proposed set-off separates the two houses on the single
lot into two similarly undersized lots
i
STATE OF NEW YORK )
COUNTY OF (� ; ss .........
.. ...
Signature ,j
.James_..P. _,o'Neill--
Sworn to this ... /��............................... day of. _.. _.. , y
.� ....... 19 6, do
......... .tNotar Publi ..
Notary F
t t 1�.•'�'
rcfret loarol 5J,
Gumm;;;;tur.
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Toivn (;lcrk'8 Office
Southold, N. Y. (
I
Certificate Of, Occupancy
j 9 f
No ,_,74s� Date 'J<,�n 7. 19. rJ.7,
. .
TIIIS CERTIFIES that the building located at L%ornei Sth d ti11;-j n `8treet
112ap No �.Y x Grr
Block No . .Xxx . ...Lot N0. r,n1-o1
lie qu ireinen t s !'car tWo aii:il.y.D,rellina
conforms substantially to the pp,> � r,. t{ c�S T�"�eI}�;,hc.liie tpfgre,filed in his office
I dated "b''f'a��e. �Lpril , �� 1 ,57 c r..: f c,�. Cccu• anc v
1 `
9 pursuant t0 Wh1Ch ll ., � B O
dated J�1r1 .7, 19.77., was issued, and conforms to all of the require-
i
ments of the applicable provisions ,of the law. The.occupancy, for which this certificate^is
. r%issued isI: -C . P •iv +t i . 1 j Ii,^
'lie certificate is issued to +roll^ c 1•=, n I�i.tnl:��t L+,rrl� r +
! • • j
(owner, lessee or.tenant)
of„the aforesaid building.
Suffolk County.Department of health Approval 1. .t: e4i tj. '
UNDERWRITERS•CERTIFICATE.No. . .P ma?:1I: . . .
HOUSE NUMBER, .: . . .'. .220 «t 1 ii , (.i � ,.
I ''_Street . ��t . .
St Q�. �. . 11 ,
.i n. ]zci o
l b c 5
JI:Z
inJ; In Build Spector
1 L
- , -
3 5
1
Fc-
94 99 , 1 0 I
c 2,11 Y/
t
s
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3607
Application Dated January 13 , 1987
TO: [Appellant (s) ]
.William D. Moore , Esq . as Attorney
for JAMES P . 0 "NEILL AND PETER J . McSHERRY
Main Road , Box 23
Mattituck , NY 11952
At a Meeting of the Zoning Board of Appeals held on March 3 , 1988 ,
the above appeal was considered, and the action indicated below was taken
on your
[ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , Section 100-31 , Bulk Schedule
[ ] Request for
Application of JAMES O ' NEILL and PETER McSHERRY for Variances to
the Zoning Ordinance , Article III , Section -3 , Bulk Schedule , for
approval of insufficient area , width and depth of two proposed par-
cels , each with an existing dwelling , located at the corner of the
N/s Wiggins Street and the W/s Eighth Street , Greenport , NY ; Map of
S . Buel Corwin (1885 ) Lots 28 and 29; County Tax Map District 1000 ,
Section 48 , Block 1 , Lot 22 .
WHEREAS , public hearings were held on February 18., 1988 and
March 3 , '1988 in the Matter of the Application of JAMES O' NEILL
and PETER McSHERRY under Appl . No . 3607 , and
WHEREAS , at said hearing all those who desired to be heard
were heard and their testimony recorded ; and
WHEREAS , the Board has carefully considered all testimony
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 shown on the Suffolk County
Tax Maps as District 1000 , Section 48 , Block 01 , Lot 22 containing
a total area of 12 ,460 sq . ft. with 100 . 41 ft . frontage along
the north side of Wiggins Street and 125 . 13 ft. frontage along
the west side of Eighth Street , Greenport , Town of Southold . The
subject premises is also referred to as Lot #28 and #29 on the
1885 Filed Map of "S . Buel Corwin at Greenport . "
2 . Existing upon the premises in question are three
structures as follows : (a ) lZ-story frame single-family dwelling
structure located at the extreme southwest corner of the premises
having nonconforming setbacks ; (b ) 2-story frame , single-, family
dwelling structure located 28± feet to the south of the northerly
property line also having insufficient setbacks ; (c ) accessory
(CONTINUED ON PAGE TWO )
DATED: March 23 , 1988 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
� Y .
Page 2 - Appl . No. 3607
Matter of JAMES P . O ' NEILL & ANO .
Decision Rendered March 3 , 1988
garage structure; all as depicted on survey prepared by Roderick
VanTuyl , P ♦ C , mapped July 30 , 1984 , and as indicated by . Certifi -
cate of Occupancy #17458 dated January 7 , 1977 and #Z7457 dated
January 7 , 1977 .
3. By this application , appellants request approval of
the insufficient lot area and width of two parcels in this
pending division of land as more particularly shown on survey
amended March 3 , 1988 , prepared by Roderick VanTuyl , P. C . as
follows : (a ) proposed Lot #1 of 9 ,232 sq ♦ ft. in area and
125 . 13 ft. frontage [width] along the west side of Eighth
Street with one existing dwelling and accessory garage
structures ; and (b ) proposed Lot #2 of 3 , 228 sq . ft .
and 50 . 21 ft . frontage [width] along the north side of
Wiggins Street with an existing dwelling structure .
4 . For the record it is noted that the premises was
acquired on August 31 , 1982 by the applications by Deed at
Liber 9236 cp 83.
5 . In viewing the area , the Board finds a majority of
parcels containing an area of at least 12 ,500 sq . ft .
6 . Article III , Section 100-31 , Bulk Schedule of the
Zoning Code requires a minimum lot area of 80 ,000 sq . ft .
and lot width of 175 feet . The percentage of relief
requested by this application is substantial in relation
to these requirements .
7 . It is also noted for the record (a ) that each
parcel is and will continue to be serviced via the Village
of Greenport water main ; (b ) that application (s ) are
pending .with the Suffolk County Department of Health
Services concerning the revised land-division and are
temporarily being held in abeyance
b this Board Y pending the action
Y [see Health Services letter dated January 25 ,
1988 , Bureau of Wastewater Management] ; (c ) there is
no record of final approval by the Planning Board at
this point in time as regulated by Chapter 106 , Subdivi -
sions of the Town Code ; (d ) there do not appear to
have been_ any other splits or conveyances of this
property.
8. It is the position of the Board that the
variances as requested must be denied since the relief
requested is not the minimal necessary . However , the
Board finds that the following alternative relief is
feasible , in light of all the above circumstances , and
for the following reasons :
(a ) the area has been designated on the pending
. Master. Plan Revisions for a minimum lot area of 40 ,000
Sq . ft . ;
(b ) most of the lots in the immediate area
consist of parcels of at least 12 ,500± sq . ft . ;
(c ) there will be no effect of increased
density since there are two existing dwellings , one
proposed for each parcel,
F
Page 3 - Appl . No . 3607
Matter of JAMES P . O ' NEILL & AND .
Decision Rendered March 3 , 1988
(d ) a substantial detriment will not be
produced in the character of the neighborhood or to
adjoining properties ;
(e ) the difficulty cannot be obviated by some
method feasible for appellant to pursue , other than a
variance .
Accordingly , on motion by Mr . Goehringer ,
seconded by Mr . Douglass , it was
RESOLVED , to DENY the relief as requested in the
Matter of DAMES O ' NEILL and PETER McSHERRY under Appeal
No . 3607 ; and
BE IT FURTHER RESOLVED , to GRANT alternative
relief in the Matter of JAMES O ' NEILL and PETER McSHERRY
under Appl . No . 3607 , for a minimum lot area of 5 ,000 sq .
ft . each for proposed Parcels #1 and #2 , not to exceed
one single-family dwelling use , and frontage each of 50 . 21 ft .
minimum.
Vote of the Board : Ayes : Messrs . Goehringer ,
Grigonis , Doyen and Douglass , (Member Sawicki was absent . )
This resolution was duly adopted .
lk
GERARD P . GOEHRINGER , CHRIRMAN