The URL can be used to link to this page

Home My WebLink About2627 TOWN OF SOUTHOL'lk NEW YORH DATE ..1.D./].J../...79 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2627 Dated September 20 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Gertrude C. McLean (George C. Stankevich, Esq. ) Appellant Blue Marlin Drive Main Road Southold, NY 11971 Southold, NY 11971 at a meeting of the Zoning Board of Appeals on October 11 , 1979 the appeal was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( X) Request for a variance to the Zoning Ordinance Art. III , 3100-31 By resolution of the Board it was determined that a)ff=j4k74y{X9$kX ( ) *e gi dfFd ( ) if it€t15 FK #rfit Y ....................N24.$& .................... SuNoMffon .................... paYWJAY+h .................... ( ) ( ) *X t KKft &.%jM= 8 :15 P.M. Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971 (George C. Stankevich, Esq. ) , for a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell , west by Hart, east by Goose Creek Lane Association. (SEE REVERSE. ) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE. (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS FORM ZB4 9c ;,y Chairman and of Apo s After investigation and inspection, the Board finds that the applicant is requesting a variance for 24-foot frontyard setback, and the property has three front yards leaving the other a rearyard, which requires this variance for 24-foot setback. The applicant is also requesting approval for access on the 30-foot right-of-way ex- tending from the Goose Creek Lane Association right-of-way for which there appears to be litigation pending about legal title. However, the Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass , seconded by Mr. Tuthill , it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, South- old, New York 11971 , (George C. Stankevich, Esq. ) be GRANTED a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks as requested and a Variance for approval for access pursuant to New York Town Law, Section 280A, SUBJECT to the following CONDITIONS : (1) legal title of the subject access road, (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill and Doyen. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE / HOUR / '0_510 In Town Clerk, Town of Southold r` A LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, ipublic hearings will be held by the 'Zoning Board of Appeals at ( Town Hall, .Main Road, Southold, New York, on Thursday, October 11, 1979 on the following hearings: 7 :30 P.M. (D.S.T. ) Upon application of Charles and Edna Hart, Smith Drive Southold, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 1007731, for permission to subdivide with insufficient area and for permission to construct ! dwelling with insufficient rearyard setback. Location of proper- ty:. . Smith' s Drive North, Southold, New York; bounded 1 north by Smith Drive; south by Smith Drive South; east by Smith Drive South; west by Carway and Hoffman. i 7 :45 P.M. (D.S.T. ) Upon application of Thomas and -Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York (Irv- ing L. Price, Esq. ) , for a Variance to the Zoning Ordinance, Article III, . Section 100-31, for permission to construct. dwelling ; with insufficient frontyard setback. Location of property: Korey Creek Lane, Southold, New York, bounded north by Corey ; Creek Lane; south by Corey Creek; west by Hammerschlag; , feast by Corey Creek Lane. j 8 : 00 P.M. (D..S.T. ) Upon application of Reich Brothers li i Automotive Service Inc. , Front Street, Greenport, New York i� i; (William H. Price, Jr. , 'Esq. ) , for a Special Exception to the ; Zoning Ordinance, Article IY, Sections 100-90 and 100-91, for i ' permission to operate an Automotive Repair Shop. Location of . property: Rocky Point Road, East Marion, New York; bounded north by Edwards; east by Estate of Nowell; south by Muir; } west by Rocky Point Road. P 8 :15 P.M. (D.S .T. ) U on aPP lication of Gertrude C. McLean, Blue Marlin Drive, Southold, •New York (George C. Stankevich, Esq. ) , I Legal Notices -2- October 11*, . 1979 for a Variance to the Zoriing, ordinance, . Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, . south by Wendell, west- by Hart, east by Goose Creek Lane Association. P.M. poa J'appligeKon o' 8 :25 (D.S.T. le-Gertrude C. McLean, 1 00F 00 Blue' Marlin Drive, Southo4d, New York, 11rGeorge C. Stanikevich, Esq. for a Variance to the zoning ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval ofaccess. Location of property: Private Road, Southold, New York; bounded north by Kennedy,- south by Davis, west by .Private Road, east by Goose Creek Lane Association. 8 :35 -P.M. (D.S OXr. ) U on app,,�ofcation of Robin A. Raeburn and Mary Elizabeth Murph X, >b - GePF4e C. Stankevich, Esq. , Main Road, Southold, New YoAr. r V"�ari.ance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and-.Baxter Properties, east by Parr. 8 :50 P.M. (D.-S.T. ) Upon application of Ronald J. Edeen, Main Road, East Marion, New York (Rudolph H. Bruer, Esq. ) , for a Variance to the Zoning Ordinance, Article III , Section 100-31, for permission to subdivide property with insufficient II area and width. Location of property: Main Road, East Marion, New York; bounded 'north by Reybine, south by Main Road, west by Limouze, east by Dam Pond. 9 : 00 P.M. (D. S .T. ) Upon application of Vincent and Catherine Acunto, 35 Glenrich Drive, St. James, New York (Rudolph H. Bruer, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insuf- ficient frontyard setback. Location of property: Gagen' s Landing Road and Clearview Avenue, Southold, New York; bounded LEGAL NOTICE NOTICE OF HEARINGS' Pursuant to. Section 267 of COUNTY OF SUf FOLK the Town Law and Provisions ST.4,\TE OF NEW YORK ss: Of the Amended Building Zone Ordinance of Southold Town, New,York,public hearings will be held by the Zoning Board of Appeals at Town Hall, Main Patricia Wood, being duly sworn, says that she is the Road,Southold,New York, on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Thursday,October 11,1979 on the following hearings: I a public newspaper printed at Southold, in Suffolk County; 7:30 P.M. (D.S.T.) Upon and that the notice of which the annexed is a printed copy, application, of Charles and Edna Hart,Smith Drive South- ".as been published in said Long Island Traveler-Watch- 'old,Southold,New York,for a Variance to the Zoning Ordin- man once each week for ........................................ weeks ance, Article 111, Section 100- 31,for permission to subdivide successively, commencing on the ...................................... with insufficient area and for permission to construct dwell- day of I o ing with insufficient rearyar ... . .. . .. .... setback. Location of property: Smith's Drive forth, South- - old,New York;bounded north .........:............................... �•.. by Smith Drive; south by Smith Drive South; east by Smith Drive South; west .by Carway and 7.45 P.M. (D.S.T.) Upon Sw rn to before me this application of Thomas and day of Jacqueline Occhiogrosso, 77 19 Vanderbilt Boulevard, Oak- dale, New York (Irving L.. Price, Esq.), for a Variance to the Zoning Ordinance, Article _ III, Section 100-31,for permis- sion to construct dwelling with „. . .. ....... .............................. ............. . . ...... insufficient frontyard setback. Notary Public Location of property: Corey t Creek Lane, .Southold, New York,bounded north by Corey ANTOINETrE BERKOSKI Creek Lane; south by Corey NOTARY PU8�.00, State of New York Creek; west by Hammer- tieara in Suffolk County schlag; east by Corey Creek No. 52-4500796 Commission Expires March 30, 19& Lane. 8:00 P.M. (D.S.T.)'Upon application of Reich Brothers Automotive Service Inc.,Front Street, Greenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91,for permission to operate an Auto- motive Repair Shop. Location of property:Rocky Point Roadi East Marion,New York;boun- ded north by Edwards;east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon a Itc®`' atD , r 1 c can lue ar to rive out o , ew York (George evtc s o Variance tote rung Or to ance, Article III, Section 100- 31 for permission to constru dwelling with insufficient fron and rear-yard setbacks, and New York Town Law, Section 280A for appr-val"of access. Lo%t w_, property' Private Road, Southold, New York; bounded north by Davis, Sea t app by Wendell,west by i Cat by Goose Creek Lane Associa- 1 Drii tion. U on 8:25 P.M. (D.S.T.) P 4 (R, application of Gertrude C. a I McLean, Blue Marlin Drive, 01 Southold, New York, (George s C. Stankevich, Esq.) for a ti Variance to the Zoning Ordin- cil ance, Article in, Section 100- tii 31 for permission to construct Li• dwelling with insufficient front t p' and rear-yard setbacks, and bi New York Town Law, Section A 280A for approval of access. C Location of property: Private 'r Road, Southold, New York; L bounded north by Kennedy, a Davis, west by 0 south by Goose a Private Road, east by a 2 Creek Lane Association. r 8:35 P.M. (D.S.T.) Upon C. application of Robin A. ae- t burn and Mary Elizabeth I Murphy, by George C..-Stan--- , _ . . - LEGAL NOTICE ( width. Location ofproperty: NOTICE OF HEARINGS '� Pursuant to-Section, 267 of Main Road,East Marion,New to erect an off-premises di- ' the Town Law and Provisions York; bounded north by Rey- rectional sign. Location of of the Amended Building Zone bine, south by Main Road, property: Tabor"Road-and west by Limouze,east by Dam Main Road,. Orient, New Ordinance of Southold Town, Pond. York; bounded north by Main New York, public hearings 9;00 P.M,' (D.S.T.) Upon Road, Ferreira, Gloria, Wer- will be held the Zoning application of Vincent and inkowski,south by.Orient Cen- Board of Appeals,at Town Catherine Acunto, 35 Glenrich tral Cemetery, west by Tabor Hall, .Main Road, -Southold, Drive, St. James New•York Road, east by Terry: New York, on Thursday;•,Oc- (Rudolph H. Bruer, Esq.) for 10:35 P.M. (D.S.T.) Upon tober 11,1979 on-the following a Variance to the Zonin application of Southold Town hearings:" g Democratic Committee 7:30 P.M. (D.S.T.) Upon- Ordinance,Article III,Section application, of, Charles and 100-31 for permission to con- Southold,. New York, for a duly Sworn. Edna Hart,Smith Drive South; -struct dwelling-with`insuffic- .... Special Exception to the Zon- ient frontyard setback. Lora- ing Ordinance,for permission le SUFFOLK Southold New York for a to erect an off-premises di- Variance to the Zoning Ordin- tion of property:,- Gagen's P ance, Article III, Section 100- Landing Road and Clearview rectional ,sign. Location. of "mport. in said , 31,for permission to subdivide Avenue, Southold,•New York; property: Main.Road,Y - South- with insufficient area and for " bounded north b Clearview old,New York; bounded north >d is a printed - b Willow `Hill Cemeter permission to construct dwel Avenue,south by Goose Creek; Y Y ling with insufficient rct dwed "Vest by Gagen's Landing -south by Bogovic, Goldsmith, iVeekliy Times Road, east by Gagen,,Lade west by Lower Road, east by tliack.Location of property: Main Road. , weeks Smith's Drive North, South- mann and Delyanis. 10:45 P.M. (D.S.T.). Upon old ,New York; bounded north 9.15 P.M. (D.S.T) .Upon P . application of Stuart F: Du7 application of Southold Town . . . . . . . . . . . . . by Smith Drive; south by bon, 293 Randall Avenue, D q�m o c r a t i c Committee, Smith Drive South; east by Southold New York ' for a Smith Drive South:_west by" Freeport; New York; (Gary Flanner Olsen Es fora Special Exception to the Zon- Carway and"Hoffman. -- . ' q') in Ordinance, for permission 7:45 P.M. (D.SfiJ Upon Variance to the Zoning Ordin- g P . . . • . . P ance, Article III, Section 100- to erect n off-premises direr- Jacquel ion of Thomas and 31 for ermission to.construct tional sign.Location of proper- " ` Jacqueline Occhiogrosso, 77 - P t Main Road;Southold Vanderbilt Boulevard, Oak- a dwelling with insufficient y , New York; bounded north by Trav= _ dale, New York (Irving L. sideyard. Location of proper-. eler Street south, by Main Price,Esq.),for a Variance to ty: Southern Cross Road (or South Cross Road) Cut- Road, west by Pudge Corp. . , , . . . . . . the Zoning Ordinance, Article and Dougherty, II1,Section 100-31, for.permis chogue; New York; bounded g y,east by South sion to construct dwelling with north by South Cross Road; old Free Library: 1 Y south b Hunt Gurican Mili- 10:55 PAL (D.S.T.) Upon insufficient frontyard setback. ' hcation of Southold Town Location of property: Corey to; west by Moon; east by a pP Wolber. Democratic Committee, Creek Lane, Southold, New P York,bounded north by Corey on 9:25 P.M. (D.S.T.) U Southold,Special `New' tion to the Zon- York, for .a xce . -Creek Lane; south by,Corey ,_application of Mattituck Hold- P P Creek;, west by Hammer- ing Co. Mill Road,:Mattituck, ing Ordinance,for permission. schlaNew'York, for a Special Ex- to erect an off-premises direc- Lane. ; east by Corey Creek ' P tional si n:Location of, ro er- '. Lane. '. ception to.the Zoning Ordin- g P P. - ance,Article VIII,Section 100- ty:. Main Road, Orient, New plic R.M. Reich B Upon 80B(15)for permission to con- York; bounded north by Main application of Reich Brothers struct a boat storage shed. Road,south by Orien(Harbor, - - Automotive Service Inc., g Front Street, Green port, New Location of property: West Y Aha, east b Y Welles. P west by Road,' Mattituck, New 11:05 P.M. (D.S.TJ Upon York (William H: Price, do York; bounded north b application of Southold Town Esq.).;for'a Special Exception Holmes Killian;south p Fou Democratic Committee, to the Zoning Ordinance, Art- � Y � icle IX, Sections 100-90 and dy,Ziegler,McGunnigle; west Southold, New.'York, for a 100-91, for permission to oper- by-Leo Grande, Inlet Lodge, Special Exception to the Zon- ate an Automotive Repair Inc.; east by Mattituck Creek, ing.Ordinance, for permission Shop. Location of property: 9:40, P.M. M.S.T.) Upon to erect an off-premises direr- Rocky Point Road, East Mar- application of Kiwanis Club oftional sign."Location of proper- ion,New York; bounded north Southold, Box 150, Peconic, ty: County Road 27 and Cox i by Edwards;east.by,Estate of New York, for a Special Ex- Lane, Cutchogue, New York; ; µ� Nowell; south by Muir; .west ception to.the Zoning Ordin- bounded,north by County Road ance'Article III Section 100- 2, south by ietrewicz, west by Rocky Point Road. � b � Pietrewi¢`z east b -15 P.M. (D.S.T.) - Upon 30B4.a,for permission to place Y y Cox � Lane. a ica ion offer rude building for charity use in a. residential district. Location. _. 11:15 �P.M. ..(D.S.T.) Upon 'of property: 'Route 25 and application of Southold Town boutr Lower Road, Southold, New Democratic . Committee, n vic sq. or a York; bounded north ' b Southold, New York, for a. Variance to the Zoning Ordin-. Y Special Exception to the Zon- ', ance, Article III, Section 100= Lower-Road, south by Route P P - - 31 for permission to construct 25, west by,Route..25, east by ing Ordinance to erect an off- Goldsmith. premises'directional sign. Lo- dwelling with . insufficient 9:50 P.M. (D.S.T.)' Upon cation- of property: County front and rear-yard setbacks, P and New York .Town Law, application of Kiwanis Club of Road 27, Peconic, New York; , Southold, Box 150; Peconic, -bounded north 'by. County.. Section 280A for approval o _ New York, for a Variance to e, Road 27, east and south by access. Location of property: the Zoning Ordinance,'Article, Suffolk County, west by Graf Private Road, Southold; Ne III, Section 100-30B2 for er= ton and others. York; bounded north by Da . 11:20 P.M. (D.S.T.) Upon .. is, south by Wendell, west b mission to place building,-for P Hart, east by Goose Cree charity use with insufficient application of Southold Town Lane Association. frontyard setback:Location of Democratic Committee, 8:25 P.M: (D.S.T.) Upon property: Lower Road and Southold,: New York, for a Route 25,Southold,New York; Special:Exception to,the Zon- application of Gertrude C:Mc bounded .north b Lower , .�. ing Ordinance to erect an off- Lean, Blue ; Marlin. . Drive, ,- Y remises directional si n. Lo- Southold, New York, (George Road,south,by Route 25;west P g C. Stankevich, Esq.) for a" by Route 25, east .by Gold- cation of property: Main smith. Road, Laurel, New York; Variance to the Zoning Ordin 10:00 P.M. (D.S.T.) Upon ,bounded north by Main.Road, ance, Article III, Section 100south b Murphy, west b 31 for permission to construct application of Ralph H. Dick- Y Y- inson,by Abigail A.Wickham, Rodden and others, east by, dwelling with insufficient Esq., Main Road, Mattituck, Old Main Road. front.and rear-yard setbacks, New York, for a Variance to BY ORDER-OF and New York Town Law,See- the Zoning Ordinance, Article THE SOUTHOLD TOWN tion 280A for approval III, Section 100-30 and Bulk. BOARD OF APPEALS cess. Location of property: ` 4 Private Road, Southold, New and-Park Schedule, for per- 1TP4-3299 ------- York; to construct_a dwel- � York; bounded`north by Ken- ling with insufficient front-'' Private south by Davis, west se and and side and setbacks. ' ' Private Road, east by Goose Y Y Creek Lane Association. Location'of property: Off Pe '8:35 P.M. (D.S.T.) -Upon conic Bay Boulevard,.Laurel, application of Robin A. Rae- New York; bounded "north by- burn and Mary Elizabeth Mur- Heck and Graham, south by phy,by George C.Stankevich, Great Peconic Bay;: west by ' ? Esq., Main Road, Southold, McDowell, east by Arthur. New York, for a Variance for 10:10 P.M. (D.S.T.) Upon approval of access, New York application of Southold.Town' Town Law, Section 280A. Lo- Democratic Committee, cation of property: Bridge Southold, New ".York for a Lane Extension, Cutchogue, Special Exception to the Zon- New York; bounded north by ing Ordinance for permission Long Island Sound, south by to erect an off-premises direc- Bokina, west by,Bokina and. 'tional,sign.' Location of pro- d t Baxter Properties, east -.by Perty:• Main .Road, Southold, Parr. "New York; bounded north by 8:50 P.M. (D.S.T.) Upon DeFriest, south by Radich, a application of. "Ronald J: west by Main Road, east by ' Edeen;Main Road, East Mar- " ' Southold School District No.5.10:20 PM (DST.) Upon 3 ion, New York (Rudolph H. P.M, (D.S.T.) p Bruer, Esq.); for a Variance application, of Southold Town to the,Zoning Ordinance, Art--.,, Democratic Committee; icle III,Section 100-31,for per- Southold, New York, for"a mission to subdivide property Special Exception to the Zon- with insufficient area and ing Ordinance,<for permission ; i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No date s�� 7� ............................................................... ...................................................... ., 19..... (AWKj,:j? aN ?A,'ac !?OLt-) ............. .... ........... ��'...�! .. ...... �r,�L/�I��. .N.............�.... 6-co C S-rA NIKL-VlC(-I SotJ7 Ha L i> /l77l ................................ ............................................... PLEASE TAKE NOTICE that your application dated .� � ( �Z 19.77 ` for permit to constructBUS l.D(NG- / ........................................at the premises located at .................................... ( .....O�F.... l... PTH...!�1).y. J(.k`'1... WoA kXTA/sP oJ Sd %H d i 0 . Street Map ..................................... Block ............................................ Lot ....................................... ........ is returned herewith and disapproved on the following grounds ..... ..... A=i�/C� n.i ............................................ ................................................................................ ................................................................................ ................................................................................ ................................................................................ A79 X- .. 3 — j3 BuildingInspector.............. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 2 DATE .:9f .... 79......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Gertrude C. McLean of (No Number ) Blue Marlin Drive .................................................. ................................................................. Name of Appella�n,t Street and Number Southold New 2ork ............................................................................................. ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Gertrude C. McLean .................................................................. Name of Applicant for permit of (No Number) Blue Marlin Drive Southold New lork ................................................................................................................................ Street and Number Municipality State ( X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) New Cork Town Law §280A 1. LOCATION OF THE PROPERTY .....Brvate goad, Southold, New k 1000-077-003-025 .. i .......................................................2or....................................... Street. Use District on Zoning Map ................................................................:................ Iv1ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) New fork Town Law §280A° (access) ; Southold Town Code (zoning) §100-31 front and p,MfZ,Iside yards; Southold Town Code (zoning) §§100-30, et seq 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( yj 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) (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 ...................................................................... None REASON FOR APPEAL ( A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that 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 (a) this is a pre-existing non-conforming lot created prior to zoning see Liber 2970 page 5.78 and Liber 6002 page 526; (b) .the lot has a private road on two ;(2Y, sides; (c)' the lot is a corner lot; (d) ' additional property is unavailable; (e) as a corner lot two (2) front yards may be.necessary; (f) proper positioning of a home. aesthetically placing dictates granting the variance. 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 (a) all of the lots to the northwest and south are non-conforming pre—existing former lots; (b) the neighborhood is existing and will not change. 3. The Variance would -observe the spirit of the Ordinance and WOULD ..NOT CHANGE THE CHARACTER OF THE DISTRICT because (a) .all of .the lots to the,northwest and south are non-conforming pre-existing former lots; (b) the neighborhood is existing and will not change. STATE OF NEW YORK SUFFOLK ) ss .........,/.... ........... ........................................... COUNTY OF ) i Signature GERTRUDE C. McLEAN Sworn to this � .............. day of..........September 79 . .... . . ..... ..:.�-11Z . .. ..... KA MAaMRRO Notary P 1i c MMrY Na Z-4f.44 Stag op New Yak QuallNed In Suffolk County. 't�Teiccinn Exnires March 30..tf-C aouthoI4 . Town wBoa'.rd of Appeals N, MAIN ROAD - STATE ROAD 25 . SOUTHOL_D, L..I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ' 3282 Application Dated Au.gu'st 20 , 1984 '( Publ i.c Hearing October 25, 1984) TO: ' —_ . [Appellant (s)Mr< - Robert . W. . Wendell ,'." Pres1.dent Wd ild Csway Bu r � GtenRoad „Sout,hold', 1 NY 11 971 , At a Meeting of the Zoning Board of Appeals held -on . Oc,tober '25 , 1984, the above appeal was considered, and the action indica e e o_w was taken on your [ Request for Variance Due to Lack of Access to Property New York Town Law, Section 200-a [ ) Request for Special Exception under the Zoning Ordinance Article , Section [XI Request for Variance to the Zoning Ordinance Article III , Section 100' 31 ( , ]. Request". fear . . Uponi ,ap,plicati-on -of :WINDSWAY .BUILDING CORP . , Glen (toad, ,Southold,: 'NY for a Variance to the Zoning 'Or lnance ,�Art"c`le rII , Section 100�-31 for approval of .an insufficient_ rearyard setback of a n-ew one- family dwelling located along : Pr.i.vate Road .#1 off ,the. North Side of North. Bayv_ ew Road, _ Southold;:_".'NY . "._.County.".Tax ".Ma.p ".Pat�ce.l. ".No :. -.1.000 -O77 -O3=25 :. The board made the -fol l owing ;.f,i.ndings- and determi nati on : This is' an appeal from Article. III , Section 100=.31 Bulk Schedule of .the - Zoning. Code.- which-. requires -_a minimum rearyard setback for a one-family dwe,1'ling . structure 'to be not less than 35 feet. Applicant has requested .approval of ,the construction of .the dwelling with-...an insuffJ.cient -,rearyard setback at. 1. 5 ' feet. ' The parcel in __question fronts along thr'ee,. private rights.-of--way_. and technically _has three front',vyards.. The. westerly. frontyard. setback is approxi.mate`ly, 47 feet; the northerly frontyard setback is 24 feet and the easterly _frontyard .setback_. is 50± . The parcel is of .a size. 149± :by 97-} feet , with .a total area of. .14 ,489 -,sq ._ ft. . as shown on survey dated -August_ 29, 1 979. During,- 1979, an application was made requesting an . insuffi.:cient frontyard ,setback, at 24 _feet and an insufficient setba-ck,.Jrom_ the . southerly property line at 24 feet , ,ands': ,pprov.al of access , which was conditionally-,approved on October:. '1,1 ;. 1979., 'und.er Appeal No . 2627 (filed . under" Ge_rtrude C. McLean ) . ...Some time subsequent to the earlier appeal , the app,licant was authorized to start construction and_ at the_,time of .the .foundation ,inspection , it was found the rearyard setback-.is less than that origina.11y granted by the Board of Appeals,. The boa"r4 agrees .w.ith the reasoning of .the applicant that the premises is of- ,unique character and ;.that-.. the relief -as requested is not unreasonable under the circumstances . In considering this appeal , the board determines : (a ) that (CONTINUED 'ON 'PAGE. -TWO) DATED: November 1-, 1984 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) P4ge-I2 - iKp'peaI 'No'.' 3282 ' Matter of WindswayBuilding 'Corp . Decision Renderea Uctober 25 , 1984 the 'relief as approved is not substantial ; (b ) by allowing the relief., no substantial detriment to adjoining properties would be created ; (c ) that no. adverse effects will be produced on available governmental facilities of .any .i..ncreased population ; (d ) that the relief will_. b.e in harmo'ny. with and promote the general purposes of zoning ; (e ) the circumstances are unique ; (f that the interests of justice will best be served by allowing the variance , as applied and noted below. . Accordingly , on motion by ,Mr . Goehringer , seconded by Mr. Sawicki , it was _ x� RESOLVED, that the relief requested under Appeal No . 3282 in the matter;. of the application of WINDSWAY 'BUILDING 'CORP ® for approval of an insufficient setback . of . 15 feet from the s_outhe.rly property line , BE 'AND 'HEREBY IS APPROVED 'AS 'APPLIED . Location of Property: Private Road No . 1 off the North Side of North Bayview Road , Southold ,. NY ; County fax Map. Parcel No. 1000- 077-03-025. Vote of the Board :: Ayes : Messrs . Goehringer , Doyen , Grigonis , and Sawicki ... Member Douglass was absent (due :.to illness ) . This resolution wasadopted 'by _unanimous vote of the members present . XRD PP . G 0 E H R-1 NGE , I R M A N November 1 , 1984 Ik :....:,;..... .:..w...:.,:_.,.,,;.,.v,:�:.,..:.:...::.::..m,a.,:.,,-ter::..,<..-..•._:.��,..�u;_:a:.s..v.__.:,..c.... • . .:r._�:.r _--.,. ....:::-.._.�.e3..:..,s.'.,::a..ti:,..,_,:i.:z:...ea..;r;u.:....,._,:,:,,...4.::..ram-,..S:r,C'_,.......:.:a..:3s.::t�.:ar- T south®Id Tore oar ® ea Is SOUTHOLD, L. I., N.-Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD �}}�� XXMXXEMBERS RQS��-?B§KLXWyU*xr"N CHARLES GRIGON IS,JR. SERGE DOYEN,JR. TERRY TUTH I LL ROBERTJ.DOUGLASS � Acting Chairman October 1, 1979 George C. Stankevich, Esq. Main Road Southold, NY 11971 Re: Applications of Gertrude C. McLean Appeal Nos. 2627 and 2628 Dear Mr. Stankevich: After reviewing the subject applications for variances, we find there is no receipt certifying that the adjoining property to the east was notified. Please forward the affidavits of mailing together with certified receipts as soon as possible. Very truly yours, �ob Linda F. Kowalski Secretary Enclosure i i O E/OF N; K �N O P11 OUT JUDITH T.TERRY , l(71 TELEPHONE T owN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 2.7. , 1979 To: Southold Town Zoning Board of Appeals From: Judith. T. .Terry, Town Clerk Transmitted herewith are two .(:2) Zoning Appeals No. ' s 2627 &2628 applications of Gertrude C. McLean for variances. . Also included are notification to adjoining property owners as follows: Mr. &Mrs.Eugene I. Hart, 1445 Richland Blvd. , Bay •S'hore, New York 11706; Mr. & Mrs. Otto Macomber, Southold, N.Y. ; Harry Schumacher, 440, Broadway, Brooklyn, Newyork 11211; R.D. Wendell, " 829 Bayside Road Ext. , Southold-, N.Y.. ; Mary E. Kennedy, 104-40 llth St. , Richmond Hill, N.Y. 11418; Mr. &Mrs. ' Eugene h. Hart, 1445 Richland Blvd. , Bay.:Shore, N.Y. .11706; Mr. & Mrs. Otto H. Macomber, Southold, N.Y. ; Harry Schumacher, 440 .Broadwa.y, Brooklyn, N.Y. 11211. udith Terry JTT/bn Town Clerk cc:file „ /_ / 1 GEORGE C. STANKEVICH ATTORNEY AT LAW MAIN ROAD WEST NECK ROAD SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964 (516) 765-3838 (516) 749-1328 September 12, 1979 Southold Town Zoning Board of Appeals Main Road Southold, New fork 11971 Re: Application of Gertrude C. McLean Dear Sirs: Regarding the above-entitled New fork Town Law §280A and front and side yard variances from Southold Town Code (zoning) §100-31 front and side yards, please find enclosed: (a) application in triplicate (b) exhibits (c) notice to adjoining property owners, with certified mail receipts (d) a $15.00 application fee Thank you for your cooperation regarding this matter. Sincerely yours, &-I cxz_ George C. Stankevich GCS:gs Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE GERTRUDE C. McLEAN to the Board of Appeals of the Town of Southold TO: Goose Creek Lane Association, Inc. Main Road - Box 576 Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: .That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to r t a (Variance) (Special Permit) (the following relief:New York Town Law § a) (access) ; Southold Town Code (Zoning) 9100-31 front & side yards r_ 2. That the property which is the subject of the Petition is located ad cent to your property and is des'- cri " d as foil, west south by _ P;�D. . ti7endell_, , west by Private Koad & Ott&% H. Macomber & Eugene I. Hart, north by Private Road & Gertrude C. McLean, east by Goose Creek Lane Association, Inc. 3. That the property which is the subject of such Petition is located in the following zoning district: "A Residential & Agricultural" district, Southold Town Code (Zoning) 9§100-30, et seq. 4. That by such Petition, the undersigned will request the following relief: New York Town Law §280 (a) (access) ; Southold Town Code (Zoning) §100-31 front & side yards 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are:New York Town Law §280 (a) (access) ; Southold Town-:Code (Zoning) §100-31 front & side yards; Southold Town Coe Zoning) 9§100-30 , et seq. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattitu c k Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: October 2 , 1979 Petitioner GERTRUDE C. McLEAN Post Office Address Blue Marlin Drive Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS , Goose Creek Lane Main Road — Box 576 Association, Inc. Southold, New York 11971 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) KATHY A. MAZZAFERRO , residing at 437 Fifth Street, Greenport, ----------------- New York 11944 , being duly sworn, deposes and says that on the 9th day of October , 19 79 , 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- face at Southold, New York ;that said Notices were mailed to each of said persons by (certified)#kegs mail. S J /) K HY - ZZA E Sworn to before me this loth day October 19 79 Notary Public Notary Public, State of New 3ork No. 52-4697756 Qualified in Suffolk County Commission Expires March 30, 1981 t- 7 GEORGE C. STANKEVICH ATTORNEY AT LAW MAIN ROAD WEST NECK ROAD SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964 (516) 765-3838 (516) 749-1328 ✓ /V///A October 2, 1979 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Applications of Gertrude C. McLean Appeal Nos. 2627 and 2628 Gentlemen: Regarding the above-entitled matters, please find enclosed the Notices to the adjoining property. owner to the east of the subject premises, together with affidavits of mailing and certified receipts. Sincerely yours , AeorgyC. Stankevich � GCS:kam Enclosures • �.� lip F X%. ty P`o ,tom ;• 6 . ,� �( . �B�ti tti o. - ' SEE SEC. N0. 077 t IQ Y ,T SO o i3o. zoo' E 10 12 p0 6S _ 1.3A(c) i)z DELL- 1.9A(c) _ - J. 421 1 7.2 20 ( ..; �2 1.2A(c) v 16.4 '3o O o 444' I ) o le0' 1Jz 1;T' 13 14 0 0 e• `p: I6.1 16.2 N 16.5 ?3 a,-',,ers lee' zoo IS 185• 13 e' IJS• 12 B' 200' I 4J3' 22a N. BAYVIEW RD. DR 1Z2 122' 114' 136' 1 Ise' 131• s1: 132' (o) el7rre, 1 zoo' 0 34 too. — ("`1--(S' Ir 4 41 42 p 43 ^ 53 '°• zoo' f : +z ' r o _ O 1 p�(19)- _ /N (1) ` — (2) a 76 orin I5 19 +63 36. 161' o r3)44- '/.8 a (c 3 r3, orz)14 2G 9 A o 11 !+) 52 rs, ) TOpF IV 37_ u 4 �n r 39 INN 41J zo 1zo J�QTHOI r4 ' p: J o p zo uy 13o Q�1 _t3)45^ p ° zoo• - $ -r 69' — A5I rn�0 74 �' 130' j r3) py. / 1 — o $5 - 39 rrq 1 O 7' Q o A 20 9 y II o Iel' 6 u O 40- '°' (13) a �� 1� _t>,4s: r �tRTY ,f.._. -._• c - a231zt, /^ �3 37 :50', 0 100 too. LA. (50') (...4.-,- ' 7 (n rl°• 1T. 1� e I - 57 0 �73 4! Pa) 1Q o !L/ a es'.° 79 72 o S o24 '�3, 1 CH(C) ,64- - 1 42 p 8 ra rrn - J "' _ 35 47�. o, 58= 9 1.2 A (c) S(1f1;r1j '. ' 025 ti 36 N N p `49 a o p Q o� 2°!T Rio� (50 n2 ro, — 110) 59 — 7/1 1 /4a• �� f27oa /(zr) a 2t1 11a' 2sa' pv 1 Q 3p ^3 4, �U_ ., 6g ^ j 0-32 r ^ ` (50) 1 1 a TO \ _f 10� \ 5 1 1 7rlrlcl ls3 11f5! 17 2.4 A (C) \\g\ \ ems\\\ \ ,i d) 2 rml \ (Z —— \ ISO) e ' ° Be sO\ 9`^ 15 1=1" y 3 uro - J _ \ \ \ \ \J � — (, !:o' A , 0 7 4 (44 GjGC�fJ�^ J. 111 ��711 \ US1 16 o° n - \� o. <z) Iso' S 18 (41) ' \ o\`ZP\mod J\\ _ 17 11271 — JC (SW 19 i pJ\CO \ 0 6i° - ,�. •,. r. ,. _. rrl9z�— w (�4) 12S. o 20. ° 133) Q — 7 by — a ,O y. e I o 8 feel ,klz<lllr23l227�'P+J feel ry ISO' - 21123 �; fa3) Izo' — fzel (e3) Is R — fez) - 8 (ze1 ',°,lI 22 - A = 19 nt2, _Q — -- 3 (24)— (a,l I22 - - - - (eOl — fzll I" _ rzs) /'71 olr— —— 27 —— •. —— (72) (22) z L +zs —- - (7a) 124' (20) 275' (72 20 n_zl o — 1 _ _ 250 3 unl =_nal 28 a Q i a.l� �� 2�)plT-Ip _ 3 �� 26 ` (T t_u Q — (104) _ U — (Izl p (ce) 29 Z 23 z, ta�;— Q a — r�o, n M - 2�J r,o 1: _ r_i I 4 . — l,oU � foal �—8 - � - _ � (a) _ .. _ . � Its) 123 _ _ (ssJ (aa, — — (e,— (30�) n 24�c>•1 g-, — r�J +z3 / tt16t iE r�.• O �' 30 p - IJ i<1, fco) 12 25 roalna, — fag) u HIC'<ORY NOTICE k AINTENANCE, ALTERATION, SALE OR ):STP.IE;ITION OF ANY PORTION OF THE - ;UFFOLK COUNTY TAX MAP IS PROHIBITED t:ITHOUT WRITTEN PERL'ISSION OF THE ZEAL PROPERTY TAX SERVICE AGENCY - ' - - - q I �- I_ ' _,"I __ __ ,1�� -� X z - - �`_ "- � ,-- " �i , , �� - 4_ , i K , ,! .I.. - . � � ,: " z , � _. l) � -". I_ �7 -, - A � :- " - , �,. - , ,- -�1- - , I , / ��,A : 1 I i � t- 1. ,.,V- - - .1 ", � - I H- S NO � " 7 . i 0F T , -0, E ATH � A I 4. - w. , "r - . I . - ll`��, - - - - � I -111 . - - - i - I I $ - I' 10 [. . . A . . . A '79 UG -29 4I1 11 q 4 19 SEP r , ?E . . . C -i-- )!+ - a va2 :-Lr= 2 11. -. O II. S- I�T,71 A 2-T- E� .- M1 E�-LI 1:, "N . - - .. T O,.'- ,.-F .I,' ., .TiI�I. E�.�I .,NI � -!Tc- ! t -, i:— - THE WATER SUPPLY AND SEWAG E _ D,-I�" I_ S � _l- , ...lI 7-`---�E �P- I. l_ 1 O,, ,I- 1 _ .-, , ,. - S�_ -_: .: "- - �,I I ,-. � A � �- - ,: * , .j- -� , -�] �- ' , .-.1,.-cI , ' .1 � � , �.. _ LF.',>> .-1 N I : -- -- --------- ---- OR .'T IS RE 'IDENCE,, .WILL - . STE II C . SUFFOL K C DEITQrHEALT S��VIIC -' I . f -1 1 _ 1 � yV1 1. . _ .? l (5).. , �" - r oc — -P t%� o = S , J , , . �- I 1 - 7CA I _ - 1 f - - �-,tII1 -- - - �� -. , -� � &� ., 41 7, r"uv � A - 2!qh 4 . SEROICESOFOR D ,APP R VAt.f" QF0 "L �__ �- _ CONSTRUCT IONOiNI1I �, AI u � � , , .- S.72 2530E . - " I-q .0 A --- 1 I ,I , I I - I,. _ Iic7 I DATEF _ 1 _ I -. . S. RENO : , o 1� __ I z - _1 - � -I - t k, , DPPROVE , 3 ?, -- - M, I..-� 0 i1 - A' SQFFOLK CO TAX MAP DESIGNATION:.,.- III I Ii. L, :I l I A i �T- . \06I I � - ! � r v - 1ST. SEC LOCK 4_0 \ ,r 25l i 10 I r �, I I � � , � l I=I i �_ - I 1 N A- .1 I Il : ADDRESS I � � - % z0 , S , - � i Y..i ; , 4 1 1 R/A e . 1 I - A , '4 Q , !t.j I � Z 1 - , „� ra= 99 ' "u-rciosJC . -NI. t,i4�� sI 1 � 7' - I - . ., _ .__ -!-I � - , i-e � , _ ! \ ' ,: , -� , " t �- - , I, o := �5 - ij '� .� , - j i, _ - I L. - [ i r : . __,� I W �� ,� - , . - , __� �, EST HOLE- 5 TAMPz 7l � ,' - 1 -,- t - - . . � _ 3- � . A . . 1 . , I 2 ol -- c)-- - I i , : ) _ l , � � , t JNAuTHORIZED ALTERATIO14 OR,AD0ITf0% �:, _ �_ 10,THIS:SURVEY I IOLATIOOF - � � s A V N I -I- , . V _t_ � 1 � SECTION 7209 OF THE NEW YORX STATE � , _ - i ' � z i EDUCATIONLA . N73*0k10"�Av — ,� - , ; -_�, , , 1 COPIES OF THIS,SURVEY MAP NOT BEARING - I ,. - THE LAND SURVEYOR'S INKED SEAL OR. 1. . � "I I � eOf vtI t% I , -_- . c EMBOSSED SEAL SHALL NOT BE:CONSIDERED -,' T - � , z - � . .. I , i .� � I - , .� � . I . TO BE A VALID TRUE COPY,. ." I , I 7 I . I -, - '0� I : I .1' - .� • "", GUARANTEES INDICATED HEREON'SHALL Rm t) _ )U, - 1 II,-) i* , - — ,_ -- ONLY TO THE PERSON FOR WHOM iH-SURVIT,I I; I + - - --. C161 -- IS PREPARED,AND 04 HIS IkHALF TO THE 'I?. .jL t � I TITLE COMPANY,GOVERNMENTAL AGENCY AND Iv0 - I� k -I-- LENDING INSTITUTION LISTED HREON.AND11 - c1" , " - - o - TO;THE ASSIGN OF,THE LENDING INSTI. i) I _,,r: i •11 I I 6fP-ave TUTION.GUARANTEES ARE NOT TRANSFERABU- -1 _ 10 � r. __iI -. .�I ,� � , 9 TO ADDITIONAL INSTITUTIONS Ot SUBSEQUENT'. I I 11; - 1. , - � II __ - - '. .�-,lr OWNERS.C , L I a 1 .z . - I - - I1 -. N. ,. SEAL __ -al . - - I . i . J <, - L 7 r -TV& ; 11:9 ,Zt_ /-Le �(icf, C, 1 i , I I . AN UYL. --- _RODPICK VT I __ - V_ /- ___ t _ . LICENSED LAND SURVEYORS I I � GREENPORT � NEW YORK . I - I . I � I , , I -1 I _ . A ____ -'--------,.---.-------------�-1_,_-,-_��_.---L.------------I---- --- -l---- --,-.'--,---,�----;___� � ----.i-,--.---__ __ - _________ _L I I I . I I I � . I .