HomeMy WebLinkAbout1000-70.-13-21Southold, N.Y. 11971
(516) 765-1938
June 9, 19.88
G~rrett Strang
P.O. Box 1412
Southold, NY 11971
RE:
Proposed set-off of Rosa
Hodgson, Southold
SCTM #1000-70-6-13
Dear Mr. Strang:
The Planning Board has been notified by the zoning Board of
Appeals that your client's request for an area variance has been
denied.
Accordingly, the Planning Board must move to deny the
set-off application as it currently stands. However, if your
client intends to amend the application, please notify this
office by June 17th in writing.
Very truly yours,
CHAIRMAN
jt
Southold Town Board of Appeals
MAIN ROAD-STA~I'E ROAD ~5 SOLJTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3575
Application 'Dated October 3], ]986
TO: Mr. Garrett A. Strang, R.A.
A§ Agent for ROSA J. HODGSO~N
Main Road, Box 1412
Southold, NY 11971
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on May ]2~ ]988
the above appeal was considered, and the action indicat~d._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 ]00-3], Bulk Schedule
Request for
Application of ROSA J. HODGSON for Variances to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for appro-
val of the insufficient area and width of parcel to be set-off in
this pending division of land. Location of Property: North Side
of Pine Neck Road, Southold, NY; County Tax Map Parcel No.
1000-70-6-33. Containing 7.152 acres total.
WHEREAS, a public hearing was held and concluded on April 14,
1988 in the Matter of the Application of ROSA J. HODGSON under
Appeal No. 3575; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
W~{EREAS, 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, the
proposed zoning, and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a 7.152-acre parcel of land
having road frontage (lot width) of 1100.68 feet along the north
side of Pine Neck Road in the Hamlet of Southold, Town of Southold
and as more particularly identified on the Suffolk County Tax Maps
as District 1000, Section 070, Block 06, Lot 33.
2. The subject premises is improved with the following
structures as shown on Drawing SP-1 dated September 26, 1986,
prepared by Garrett A. Strang, Architect:
a. principal single-family dwelling;
b. accessory tennis court;
c. accessory garden fountain, pavillion, and three
garden areas;
DATED: May 12, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3575 ~
Matter of ROSA J. ~ODGSON \
Decision Rendered May 12, 1988i
d. accessory garage building with apartment (referred
to as "existing cottage";
e. hedges;
f. fencing.
3. By this application, appellant requests Variances from
the provisions of Article III, Section 100-31, Bulk Schedule, of
the Zoning Code for approval of insufficient lot area of 45,000
sq. ft. for a parcel to be set-off (divided off) from the exist-
ing 7.152-acres, leaving a parcel of approximately six acres, as
shown on the proposed Set-off Map Drawing No. SP-1 prepared by
Garrett A. Strang, R.A. The parcel as laid out includes that
area to the north used as a private right-of-way for other nearby
residential parcels and is without frontage along a Town Street.
4. Article III, Section 100-31, Bulk Schedule, of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. and minimum lot
width (or street frontage) of 175 feet. It is also noted that the
minimum setbacks for a principal building in this A-80 Residential
Zone District is 60 feet from the front property line and 75 feet
from the rear line. The "existing cottage" building would remain
apparently as the principal structure with insufficient setbacks
from the right-of-way to the north and from the property line to
the north. (Relief for setbacks was not requested in the instant
application.)
5. The amount of relief requested from the minimum required
lot area of 80,000 sq. ft., when including the right-of--way land
areas shown, is 35,000 sq. ft. , or 44 percent. The amount of
relief requested when deleting the right-of-way land area is
approximately 42,000 sq. ft., or 53 percent less than that
required. The percentage of relief requested from the minimum
frontage (lot width) along a town street is 100 percent. It
is the opinion of this Board that the relief requested is
substantial.
6. In considering this application, the Board also finds
and determines:
a. the variances requested are substantial;
b. the practical difficulties claimed are self-
created;
c. the practical difficulties claimed are not
sufficient to warrant a granting of the variances requested;
d. there is ample land available to meet the
lot size and frontage requirements and therefore there is
a method feasible for appellant to pursue other than a
variance;
e. the Master Plan Amendments as proposed by
the Town have not been adopted and accordingly the law
that exists at the time of a decision will apply (Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471
NYS2d 669 {1984, 2d Dept.});
f. significant economic injury has not been
demonstrated by dollars and cents proof;
g. in view of all the above factors and in
view of the manner in which the difficulties arose, the
interests of justice will be served by denying the
relief requested.
Page 3 Appeal No. 3575
Matter of ROSA J. HODGSON
Decision Rendered May 12, 1988,
Accordingly, on motion by Mr. Douglass, seconded by Messrs.
Goehringer and Grigonis, it was
RESOLVED, that the relief requested under Appeal No. 3575
in the Matter of the Application of ROSA J. HODGSON BE AND
HEREBY IS DENIED AS APPLIED.
Vote of the Board: Messrs. Goehringer, Douglass,
Douglass. (Member Sawicki was absent {out of state}.)
resolution was duly adopted.
Doyen and
This
lk
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKt
Southold Town Board of Appeals
MAIN RnAD- STATE RnAD 25 SnUTHC3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
INTER-DEPARTMENTAL MEMORANDUM
TO:
DATE:
SUBJECT:
Valerie Scopaz, Town Planner
January 26, 1988
Appl. No. 3575 Rosa Hodgson
Pending Set-Off Division
CTM #1000-70-6-33
(Variance)
We are in receipt of your memorandum today concerning the above
project.
Enclosed for your perusal and file are copies of responses
received from Garrett A. Strang, the applicant's agent, dated
December 15, 1987 with map enclosure with regard to the
applicant's position on the right-of-way.
With reference to the items mentioned in your memorandum, we
must ask that if you have an alternative layout which you or
the Planning Board would like to suggest, that you do so
through our Department at this time (prior, of course, to
our advertising this matter for a public hearing in late
February). As you may know, the Planning Board's letter
of November 12, 1986 indicated a favorable response to the
present layout and did not include any suggestions for changes.
Perhaps the applicant or his agent should be contacted for
a preliminary conference with you and the Planning Board
concerning those questions raised(prior to our hearing)~
and then these and other issues can be finalized at the
variance hearing without unnecessary additional hearings.
REC-'=,\ ~=:~ BY
JAN 2 *
DATE
APPEALS BOARD
MEMBERS
GERARD P. GOEHR~NGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
January 26, 1988
Mr. Garrett A. Strang,
Main Road, Box 1412
Southold, NY 11971
RoA.
Re: Appl. No. 3575 - Rosa Hodgson (Variance)
Dear Garrett:
Transmitted for your information is a copy of a
memorandum received today from the Town Planner concerning
the above project, which is also pending with the Town
Planning Board.
Please address these questions either in writing or
during the hearing and furnish us with a title report or
other documentation which would confirm all those parcels
having legal access over the subject right-of-way (which
presently appear to be at least 10).
Also, in
able to locate
Appeals or the
researching town records, we have not been
an approved 280-a by either the Board of
Planning Board over the private right~of-way.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure By Linda
cc: Planning Board
Ms. Valerie Scopaz, Town Planner
Kowalski
GARRETT A. STRANG
MAIN ROAD. p. O. BOX 1412
SOUTHOLD, NEW YORK 11971
December 15, 1987
hit. Gerald Goehringer, Chairman
Southold ~onin~ ~oard of Anneals
Southold, New York ]]97]
Re: APPlication of Rosa
Dear ;.Ir. Goehringer ,and ~,~m[erg of the hoard:
In ]?esDonse to your request, I am enclosing ,or '~/our re-
view a co:~y of a survcy, ~ =
p~ep~r~ bv R. Van Tuvl,
ing ownership of the right of way (Jad[cated in red).
I would like to call your attention to the fact that a
good portion of the '" '- is
rl~h~ of %;ay either partially or
exclusively on the ~odgson property. This right of way
has been used and continues to be ~l~e¢] to gain access to
her proprtv. I dc) not see how a setoff, whJeh is only
a vehicle throuCh '~;hich to allo:; as addition to be built
to the e×istin~ dwellinQ, will 'cverburdcn' the richt of
If you have any ,ueotzons, 91ease call
_ cy - ' ~ .
T{est re~ards for tho Ho!idavs!
CAS/b
Enc.
Vet-y truly ~,'ours,
Garrett A. Stranq, ]I.A.
,3
~Ai-~RI~TT A ~T~ANO
January 15, 1989
:Ir. Gerald Goehringer, Chairman
Southold Zoning Board of Aopeals
',lain Road
Southold, New York 11971
lie: Annlication of Rosa Ifodgson
Dear Gerry:
At the request of !/()ur office, the followinn in a break-
down off the phased a]terations to the cottage at the
above r f,, ~
..e _r~nced project:
Original building consisted of':
Caretaker's Cottage 434 s.f.
First Two Car Garage 51G s.f.
Second One {2ar Garage 308
TOTAL BLDG. AREA 1,358 s.F.
In 1979 one bay of the first garage was
an additional bedroom adding 264 s.F. of
the cottege.
converted into
livi. no space to
~ui]din~ after 1979 alteration consisted cf:
Altered Cottage 698 s.f.
Altered Fir.ct Garuge
to ()ne Car 352
:~ccor~d One Car Garace 303 s.f.
~O~L RLDG. AREA ] ,3uo
In 1984 the remaining nrea of the First c. araae was con-
vetted into an additionnl bedroom adding 35~ n.f. of
living space to the cott3.'~c.
Buildinn after 193,! alteration and as Duc, senti,, e:-:.-
i~ts:
Altered Cottage 1,0E0 s.f.
Remaining Second
Garage 308 s.~.
TCTAL DLDG. AREA 1,358 s.f. (same
as above )
I nm enclosing a cop,=, of the deteuniuation fFom S.C. De-
waiver (>f the well t'equJr.!nonts, which will alir)w ~s to
~ovnt o[! the ~ -' ' '
....... ue,,_ions, p] ..... ~ cai!.
' '~ / ':Lnrrett ~. Stranq, R.A.
F,F~C.
DEPARTMENT OF HEALTH SERVICES
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE:
SUFFOLK COUNTY EXECUTIVE
January 4, 1988
DAVID HARRIS, M.D.. M.P.H.
COMMISSIONER
Mr. Garrett A. Strang, R.A.
P.O. BOX 1412
Southold, NY 11971
Dear Mr. Strang:
Subject:
Board of Review Hearing - Dece~tber 16, 1987;
Proposed Subdivision of Hodgsou, (T) Southold
(SCTM 1000-70-6-33)
At the hearing held on December 16, 1987, you had an opportunity to
present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of the
Suffolk County Sanitary Code, the determination of the Board of Review
is as follows.
Based on the information submitted, the Board will grant the request for
a variance for the two-lot development and allow the use of the shallow
well as installed--provided that a covenant is filed on the large lot
that it will not be further subdivided until public water is available.
The granting of this waiver does not imply that your application will be
automatically approved. It is your responsibility to ensure that your
application is complete; otherwise, your approval will be subject to
unnecessary delay.
Very truly yours,
Robert A. Villa, P.E.
Chairman, Board of Review
RAV/jb
cc: Mr. Walter G. Lindley Ms. Susan Windesheim
Town of Southold Planning Board
Mrs. Rosa Hodgson, P.O. Box 1644, Southold, NY 11971
348-2786
GARRETT A. STRANG
April 21, 1988
SOUTHOLD, NEW YORK 11971
Mr. Bennett Orlowski, Chairman
Southold Planning Board
Main Road
Southold, New York 11971
Re: Application of Rosa Hod~son
Dear Mr. Orlowski and Members of the Board:
As per your memo to the ZBA of January 25, 1988, your office
has suggested the possibility of making a proposed setoff lot
with road frontage on Pine Neck Road, in connection with the
above application.
This will present a pr~lem as it will create three lots on
the property, and the ~ffolk County Health Department will
not allow three lots until public water is available. In ad-
dition, they have given approval to creation of two lots,
based on the same plan on file in your office.
I do not see the need for the lot to have road frontage, due
to the fact that there is legal, deeded right of way access,
which has been paved and is in excellent condition.
Furthermore, if the lot were to have this road frontage, it
would prohibit our providing access to the principal dwell-
ing, from the existing driveway and entry gate, located on
Pine Neck Road.
Given the above complications, I respectfully request that
the Board act on this application and site plan as presented.
I would appreciate th~ Board's input on the above and request--~
that it be placed back on the calendar for the May meeting,/
since I anticipate a decision from the ZBA prior to this/
time. ~,
Thank you for your courtesy and cooperation.
Very t r~..Ly~you r s,
GAS/b G~~ Strang,
cc: ZBA ~
R. Hodgson
Southold, N.Y. 11971
(516) 765-1938
MEMORANDUM
TO: Gerard Goehringer, Chairman, Zoning Board of Appeals
Bennett Orlowski, Chairman, Planning Board
FROM: Valerie Scopaz, Town Planner
RE: ~o~a M~gso~(Set-off Proposal for)
ZBA Case #3575 ·
8CTM# 1000-~0-6-13-
The proposed set-off application raises the following questions:
Adequacy of access. The proposed lot is landlocked except for the
right-of-way shown on the map. Neither the map nor the enclosed
property deed seem to indicate how the proposed set-off will affect
existing binding privat~ight-of-way agreements that may exist.
any
The Planning Board should notZ' create a land locked parcel; nor
should it cut off access to existing rights-of-way. The records
submitted with the site plan application to the Planning Board
do not appear to be clear enough to make a determination on this
matter.
Subdivision. layout. The proposed layout of the set-off would result
in an oddly shaped large lot with no identifiable driveway to the
principal dwelling. Furthermore, if the !and to the west of the
set-off were to be set off at some future date, alternative access
would have to be provided for the existing principal dwelling
on the water.
It is recommended that more information be provided by the applicant
regarding the right-of-way agreement before any approvals are gzven.
Valerie Scop~
Town Planner
DEPARTMENT OF HEALTH SERVICES
COUNTY OF SUFFOLI~
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
January 4, 1988
DAVID HARRIS. M.D., M.P.H,
Mr. Garrett A. Strang, R.A.
P.O. Box 1412
Southold, NY 11971
Dear Mr. Strang:
Subject: Board of Review Hearing - December 16, 1987;
Proposed Subdivision of Hodgson, (T) Southold
(SCTM 1000-70-6-33)
At the hearing held on December 16, 1987, you had an opportunity to
present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of the
Suffolk County Sanitary Code, the determination of the Board of Review
is as follows.
Based on the information submitted, the Board will grant the request for
a variance for the two-lot development and allow the use of the shallow
well as installed--provided that a covenant is filed on the large lot
that it will not be further subdivided until public water is available.
The granting of this waiver does not imply that your application will be
automatically approved. It is your responsibility to ensure that your
application is complete; otherwise, your approval will be subject to
unnecessary delay.
Very truly yours,
Robert A. Villa, P.E.
Chairman, Board of Review
348-2786
~v/jb
cc: Mr. Walter G. Lindley MS. Susan Windesheim
Town of Southold Planning Board
Mrs. Rosa Hodgson, P.O. Box 1644, Southold, NY 11971
SLaY
Southold, N.Y. 11971
(516) 765-1938
January 25, 1988
To: Gerard Goehringer, Chairman
From: Bennett Orlowski, Chairman
Re: ROSA HODGSON
SCTM # 1000-70-6-33
Upon review of the file and recent information that was submitted,
regarding right-of-way access, it is the Planning Board's opinion that
the land should be subdivided so as to provide the new lot with
frontage on a public street. If road frontage is provided as shown,
on the enclosed map, there would be an additional lot of approximately
48,500 square feet to the west of the proposed set-off. The sub-
division proposal should be amended to show three lots with road front-
age instead of two lots, one without road frontage.
Enclosed is a copy of the Health Department's variance.
COUNTY OF SUFFOLI~
MICHAEL Ao Lc)GRANDE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH BERVICES
January 4, 1988
DAVID HARRIS, M.D., M.P.H.
Mr. Garrett A. Strang, R.A.
P.O. Box 1412
Southold, NY 11971
Dear Mr. Strang=
Subject= Board of Review Hearing - December 16, 1987;
Proposed Subdivision of Hodgson, (T) Southold
(SCTM 1000-70-6-33)
At the hearing held on December 16, 1987, you had an opportunity to
present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of the
Suffolk County Sanitary Code, the determination of the Board of Review
is as follows.
Based on the information submitted, the Board will grant the request for
a variance for the two-lot development and allow the use of the shallow
well as installed--provided that a covenant is filed on the large lot
that it will not be further subdivided until public water is available.
The granting of this waiver does not imply that your application will be
automatically approved. It is your responsibility to ensure that your
application is complete; otherwise, your approval will be subject to
unnecessary delay.
Very truly yours,
Robert A. Villa, P.E.
Chairmn-, Board of Review
P4%V/Jb
cc: Mr. Walter G. Lindley Ms. Susan Windesheim
Town of Southold Planning Board
Mrs. Rosa Hodgson, P.O. Box 1644, Southold, NY 11971
348-2786
DEPARTMENT OF HEALTH SERVICES
COUNTY OF SUFFOLK
Michael A. LoGrande
SUFFOLK COUNTY EXECUTIVE
DAVID HARRIS, M.D., M.P.H.
COMI~ISSIONER
November 24, 1987
Mr. Garrett A. Strang, R.A.
P. O. Box 1412
Southold, New York 11971
Re: Proposed Subdivision of Hodgson, (T) Southold
(SCTM 1000-70-6-33)
Dear Mr. Strang:
Your request to appear before the Board of Review of the Suffolk County
Department of Health Services has been received.
The review of this case has been scheduled for December 16, 1987, at 9:30 a.m.,
in the Suffolk County Department of Health Services Conference Room, County
Center, Room N-204, Riverhead.
You and interested parties are requested to appear, with or without counsel,
and you may produce any information or evidence concerning the above referenced
property.
Very truly yours,
Robert A. Villa, P.E.
Chairman
Board of Review
RAV:cah
cc:
Mr. James L. Corbin
Mr. Harold Scott
Mr. Walter G. Lindley
Ms. Susan Windesheim
Mrs. Rosa Hodgson
Town of Southold Planning Board
COUNTY CENTER (516) 548--3312
RIVERHEAD. ri.Y, 1190~ Ext. 12
TO:
Office of the
of Appeals
Town Hall,
Building Inspector and Southold Town Board
Southold, New York
Re:
ROSA J~ HODGSON
Lighthouse Manor
Pine Neck Road
Southold, New York
We, Betty Ro Karlin, William Jo Pollert, James Eo
Gibbons, Elizabeth G. Hamilton, Harold Wo Conroy and Bess
Ao Pulitzer, the undersigned, being owners of property on
Lighthouse Lane, Southold, New York, which Lighthouse Lane
is adjacent to property owned by the ~Bove referenced Rosa
Jo Hodgson, wish to call attention to the following, to Wit:
1o Title to the property now owned by Rosa J.
Hodgson was conveyed by deed from William Jo Pollert and
Antoinette Pollert recorded in Liber 8593 page 587 on March
9, i979o Said premises were conveyed subject to zoning re-
strictions and building ordinances of the Town of Southold,
New York°
2. At the time of the conveyance of title by the
Pollerts in March i979 the property conveyed contained, in
addition to the main house, a small cottage and~ adjacent
thereto, three garages. In September i986 two of the garages
adjacent to the small cottage were altered, connected and
converted into living quarters, thereby enlarging the living
quarters of the cottage.
3o Investigation of the records at the Southold
Town Hall reveals that no building permit was issued for
the conversion of the two garages into living quarters and
no Certificate of Occupancy issued~
4. On November 6, 1986 the Southold Town Board
Appeals in a letter to Garrett Ao Strang, Architect,
garding Appeal Noo 35?5 for a Set-Off requested that it be
furnished additional data° Such request is still unfilled°
5. On January 12, 1987 the Office of the Southold
Town Building Inspector issued a Pre C.O. No. Z15193 which
inadvertantly lists, inter alia, 5 garages and states that
the owner of the premises has not consented to an inspection
of the premises by the Building Inspector to determine
whether the premises comply with all applicable codes and
ordinances, other than the Building Zone Code.
6. The proposed set-off map dated 26 September,
1986 submitted by Garrett A. Strang, Architect, improperly
includes in the proposed set-off the area~existing rights
of way easements used by owners of adjacent properties on
Lighthouse Lane. The proposed set-off is not in compliance
with the Zoning Bulk and Parking Schedule for Residence
District A-80. Attention is called to the existing drive-
way from the subject property to Pine Neck Road which is not
being used in favor of a shorter driveway opening on the
right of way used by the undersigned property owners on
Lighthouse Lane. The existing means of ingress and egress
from the subject property to Pine Neck Road should not be
terminated by approval of a proper set-off°
7o The proposed set-off map prepared by Garrett A.
Strang dated 26 September, 1986 filed in this proceeding
should be revised so as to have it comply with the Zoning
requirements of Local Law 7 adopted May 16, 1983 effective
May 20, 1983 which mandates, inter alia, a total lot a~ea
of 80,000 square feet°
- 2 -
So as not to overburden the existing rights of way
of the undersigned on Lighthouse Lane, which vary from
eleven to fifteen feet in width, primary access to the
Rosa Jo Hodgson property (4845 Pine Neck Road) should be
over the existing driveway on the Rosa Jo
to Pine Neck Road and not over the right
Lane°
8o Attention is called to
Hodgson property
of way on Lighthouse
the Certificate of
Occupancy dated January 12, 1987 regarding the property located
at 4845 Pine Neck Road, Southold, which states that it was
issued without an inspection of the premises. Generally the
issuance of a, Certificate of Occupancy presupposes that the
premises for which it is issued conform in all respects to
existing applicable codes and ordinances, otherwise it is
meaningless and hence void. A proper inspection of the
premises should be made to determine the facts°
In order to avoid a precedent setting situation for
non compliance with the Building Code and the Zoning Ordi-
nance, and to have the outstanding requests of the Southold
Town Board of Appeals met without further delay,appropriate
action by the Building Department and the Board of Appeals
is requested. In making its determination, the Board of
Appeals should give consideration among other things to
accessibility of the property and the structures erected
thereon for the convenient entry and operation of fire and
other emergency apparatus
Betty Ro Karlin
UJames E. Gibbons
w. Vo oy-
through the Pine Neck Road entrance.
~spectfulfl~y s~b~mitted,
William J. ~llert,
El£zabeth G. J~amil~on
Be'ss Ao Pulf~e~
of Appeals
Town Hall, Southold, New York
ROSA Jo HODGSON
Lighthouse ~anor
Pine Neck Road
Southold, New York
and Southold Town Board
We, Betty Ro Karlin, William Jo Pollert, James Eo
Gibbons, Elizabeth G. Hamilton, Harold W. Conroy and Bess
A. Pulitzer, the undersigned, being owners of property on
Lighthouse Lane, Southold, New York, which Lighthouse Lane
is adjacent to property owned by the above referenced Rosa
Jo Hodgson, wish to call attention to the following, to Wit,
1o Title to the property now owned by Rosa J.
Hodgson was conveyed by deed from William Jo Pollert and
Antoinette Pollert recorded in Liber 8593 page 587 on March
9, 1979o Said premises were conveyed subject to zoning re-
strictions and building ordinances of the Town of Southold,
New York°
2° At the time of the conveyance of title by the
Pollerts in March 1979 the property conveyed contained, in
addition to the main house, a small cottage and, adjacent
thereto, three garages. In September 1986 two of the garages
adjacent to the small cottage were altered, connected and
converted into living quarters, thereby enlarging the living
quarters of the cottage.
3. Investigation of the records at the Southold
Town Hall reveals that no building permit was issued for
the conversion of the two garages into living quarters and
no Certificate of Occupancy issued~
4. On November 6, 1986 the Southold Town Board of
Appeals in a letter to Garrett Ac Strang, Architect, re-
garding Appeal No. 55?5 for a Set-Off requested that it be
furnished additional data° Such request is still unfilled°
5. On January 12, 1987 the Office of the Southold
Town Building Inspector issued a Pre C.O. No. Zi519] which
inadvertantly lists, inter alia, 5 garages and states that
the owner of the premises has not consented to an inspection
of the premises by the Building Inspector to determine
whether the premises comply with all applicable codes and
ordinances, other than the Building Zone Code.
6. The proposed set-off map dated 26 September,
1986 submitted by Garrett A. Strang, Architect, improperly
of
includes in the proposed set-off the area~existing rights
of way easements used by owners of adjacent properties on
Lighthouse Lane° The proposed set-off is not in compliance
with the Zoning Bulk and Parking Schedule for Residence
District A-80. Attention is called to the existing drive-
way from the subject property to Pine Neck Road which is not
being used in favor of a shorter driveway opening on the
right of way used by the undersigned property owners on
LighthoUse Lane. The existing means of ingress and egress
from the subject property to Pine Neck Road should not be
terminated by approval of a proper set-off°
?o The proposed set-off map prepared by Garrett A.
Strang dated 26 September, 1986 filed in this proceeding
should be revised so as to have it comply with the Zoning
requirements of Local Law ? adopted May 16, 1985 effective
May 20, 1983 which mandates, inter alia, a total lot a~ea
of 80,000 square feet.
to Pine
Lane°
~,,, overburden the existing rights of way
~1' the undersigned on Lighthouse Lane, which vary from
eleven to fifteen feet in width, primary access to the
Rosa Jo Hodgson property (4845 Pine Neck Road) should be
over the existing driveway on the Rosa Jo Hodgson property
Neck Road and not over the right of way on Lighthouse
8o Attention is called to the Certificate of
Occupancy dated January i2, i987 regarding the property located
at 4845 Pine Neck Road, Southold, which states that it was
issued without an inspection of the premises. Generally the
issuance of a, Certi£icate of Occupancy presupposes that the
premises for which it is issued conform in all respects to
existing applicable codes and ordinances, otherwise it is
meaningless and hence void. A proper inspection of the
premises should be made to determine the facts°
In order to avoid a precedent Setting situation for
non compliance with the Building Code and the Zoning Ordi-
nance, and to have the outstanding requests of the Southold
Town Board of Appeals met without further delay,appropriate
action by the Building Department and the Board of Appeals
is requested. In making its determination, the Board of
Appeals should give consideration among other things to
accessibility of the property and the structures erected
thereon for the convenient entry and operation of fire and
other emergency apparatus
through the Pine Neck Road entrance.
/~spe~tful~y s~b~mitted,
W~l~iam J. ~ lle~t/ ~
Elfzabeth G d~amilton
Be'ss Ao Puli~e~
T ,LD
Y
Southold, N,Y, 11971
(516) 765-1938
November 12,
1986
Mr. Garrett Strang
Architect
P.O. Box 1412
Southold, NY 11971
RE: Rosa Hodgson
Dear Mr. Strang:
Plea.se let this confirm the following action taken by
the Southold Town Planning Board, Monday, November 10, 1986.
RESOLVED that the Southold Town Planning Board refer the
following comment to the Southold Town Board of Zoning Appeals
with regard to the application of Rosa Hodgson to set off
45,000 square feet from 7.152 acres located at Pine Neck Road,
Southold:
The Planning Board is favorable to this proposal since
this area is proposed for one-acre zoning in the Master Plan.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Southold Towno£Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
J(]SEPH H, SAWlCKI
November G, 1986
Mr. Garrett A. Strang, Architect
P.O. Box 1412
Southold, NY 11971
Re: Appeal No. 3575 - Rosa Hodgson
Dear Garrett:
This letter will acknowledge receipt of the above
recent application. The Members of the Board of Appeals
will be conducting field inspections and environmental
reviews as may be required by State and local laws prior
to scheduling this application for a public hearing.
Also, it is requested,'that the following be furnished
as early as convenient:
(a) copy of Suffolk County Health Department Article
approval, waiver or other action;
(b) input from the Southold Town Planning Board
concerning the general lay-out and access elements;
(c) copies of a Pre-Certificate of Occupancy or
other Certificate of Use which has been issued concerning
the use of the entire premises and the nonconforming use
as exists;
(d) copies of deeds or other instrument indicating
the access to the existing cottage(over other lands'as
Upon receipt of all of the above, a public hearing
be scheduled for the next available hearing date.
Yours very truly,
6
shown).
wi ll
cc: Planning Board
GERARD P. GOEH~INGER
RMA >
-B~Linda Ko~alski
$outhold, N.Y. 11971
(516) 765-1938
October 21, 1986
Mr. Garrett A. Strang, R.A.
Architect
P.O. Box 1412
Southold, NY 11971
Re: Rosa Hodgson
Set-off application
Dear Mr. Strang:
Please let this. confirm the discussion of the Planning
Board at the Monday, October 20, 1986 meeting with regard
to the above mentioned proposal.
The Board will conduct a field inspection prior to any
further review.
It was also requested that an application be made to
the Southold Town Board of Appeals with regard to the undersized
lot which is proposed. The Planning Board cannot act on a
substandard lot application without a variance from the Board
of Appeals.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
GARRETT A. STRANG
ARCHITECT
SEP 3 0 1985
September 30, 1986
Southold Town Planning Board
Town Hall
Main Road
Southold, New York, 11971
Gentlemen:
I am enclosing herewith, for your consideration, a subdivision
application and appropriate forms.
I am aware that the present zoning requires 80,000 square
foot lots, however the proposed master plan zoning,soon
to be adopted, provides for 40,000 square foot lots in
this area.
I request you consider this an application for a Set-Off and
take the appropriate action at your earliest convenience.
If any additional information is required, please contact
my office and I will arrange for you to receive it,
Very truly Yours,
Garrett A. Strang, R.A.
partle~ of tiM, INKed Jilt.
t~t ~rt~in plot,
~ lb )~l~r, at a ~lnt ~ t~ ~t~ezly ~ of ~ of ~X?rt. ,
-- ~ ~. 4~ .~..
~ f~t rt~t of way ~
of others to the ~le for ordinary purposes of b,Vzqmo and o~reea
of any exlsttlM riqht of way uhteh ti ~dJJ tO lid Jtl~
~t a ~tnt ~ere the'Mr~rtY tim o
f/dL~L II1
~ off&c~ of tbs Clerk of I~ Omml~
~ 'fhe t~r)y of~ the flf~' s~rt CoV~fld~tl tlllt tko ~rty of
~l h~s m~t ~m~ or oulfer~ ~ythiN ~ t~ said ~i~
~ ~ly of ~ filet
-4-
-6-
OCT
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tl~ (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Towu
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If i:he applicant is not the
owner of record of the land under a. pplication, the applicant shall state his interest in said
laud under application.) Architect - Agent ofr Owner
2. The name of the subdivision is to be ...................................................
NOt Applicable : Set-off
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
$~ggested.)
The land is held by the applicant under deeds recorded in Suffolk Count), Clerk's office as
follows:
Iiber Page On ·
as devised under the Last Will and Testament of .......................................
or as distributee ........................................................................
5. The area of the land is ..... 7.152 acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
7. The land is encumbered by ..............................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber .............. Page .................. in original amount
of $ .............. unpaid amount $ ..................... held by ......................
.............. address ................................................................
(b) Mortgage recorded in Liber ......... Page ...................... in original amount
of .............. unpaid amount $ ...................... held by ......................
.............. address ...............................................................
APPLTC~T~O~ ~OP. APPROVAL O~ PLAT
To the Planning Board oE the Town of Southold:
The undersigned applicant hereby applies for (~Im~ll:~'-~ (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~w~
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.) Architect - Agent ofr Owner
2. The name of the subdivision is to be ...................................................
Not Applicable : Set-off
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk Count), Clerk's office as
follows:
Liber ........................ Page ...................... On ....................... ;
Liber ........................ Page ...................... On ....................... ;
Liher ........................ Page ...................... On ....................... ;
Liber ........................ Page ...................... On ....................... ;
Liber ........................ Page ...................... On ....................... ;
as devised under the Last Will and Testament of .......................................
or as distributee ........................................................................
5. The area of the land is 7.1 5 2 acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
7. The Iand is encumbered by .............................................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber .............. Page .................. in original amount
of $ .............. unpaid amount $ ..................... held by ......................
.............. address ................................................................
(b) Mortgage recorded in Liber ......... Page ....................... in original amount
of .............. unpaid amount $ ...................... held by ......................
.............. address ...............................................................
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address .........................................................
8. There are no other encumbrances or liens against the land except ........................
9. The land lies in the following zoning use districts .......................................
"A" Residential, Agricultural
10. No part of the land lies under water whether tide xvater, stream, pond water or otherwise, ex-
11. The applicant shall at his expense install all required public improvements.
12. The land (4Ra~s0 (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is .............................................................
13. Water mains will be laid by ............. .N..O?...g:p. Ip. 1..~.q .a.b. 1..e ...........................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards ~vill be installed by ....... .E. xisting
..................................... and (a) (no) charge will be made for installing said
lines.
15. Gas mains will be installed by ......... .N.?z...A.p..p.l.J:. ?.a..b.l.? ...............................
and (a) (no) charge will be made for installing said mains.
16. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highxvay system, annex Schedule "B" hereto, to show same.
17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the
Toxvn of Southold Highxvay system, annex Schedule "C" hereto to shoxv same.
18. There are no existing buildings or structures on the land which are not located and sho~vn
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjnnctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at .............. years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
DATE .... September 29, 19.8..6. Garrett A. Strang, R.A.
......
(Signature and Title)
· F. :9.'...B.o..x...1.4.1..2. :..S. 9.u..t ho..1.d' .,...N.e.w...Y. 9.r.k
(Address)
STATE OF NEW YORK, COUNTY OF Suffolk
................................ ~ SS:
On the .... 30th day of... September 1986 before me personally came
Garrett A. Strang to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that ..... .H.e, ....executed the same.
Notary Public
STATE OF NEW YORK, COUNTY OF ........ : .... ;'. ............. ss:
On the ................ day ............ of .............. , 19 ....... before me personally came
........................ to me known, who being by me duly sworn did de-
pose and say that ............ resides at No .....................................................
.............................. that .......................... is the ..........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
and that ............ signed .............. name thereto by like order.
11971
Notary Public
14.16-4 (9/84)
DIVISION OF RECULATORY AFFAIRS ' PROJECT I.D. NUMBER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
State Envlronmenlal Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I Project Information (To be completed by Applicant or Project sponsor)
1. ApplicantJsponsot 2. Project Name
Garrett A. Strang Set-off for Rosa Hodgson
3. Pmiect location:
Municipality Southold County Suffolk
[] New [] Expansion [] Modification/alteration
S. Describe project briefl~
Proposed property set-off to allow .for addition
and alterations to an existing cottage.
Location on right of way known as lighthouse lane
600 feet from the intersection with Pine~Neck Road
7. Amount of land affected:
InitiaBy 7.1 5 2 · acres U[timately 7 · 1 5 2 acres
8. Will proposed action comply with existing zoning or other existing land use restricfion$~
~lyes [] No IfNo. describe briefly Present Zoning requires 80,000 sq. ft.
Proposed Zoning requires 40,000 sq. ft.
9. What is present land use in vicinity of project?
[] Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other '.'.
Describe:
10. Does action involveapa ermit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or Iocal)[ [] Yes [~ No If yes. list agency(s) and permit/approvals
11. Does any aspect of the action have a currently valid permit or approval;r
[] Yes [] No if yes, list agency name and permit~approval type
12 As result of proposed action will existing permit/approval require modification[
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
.. , / GarrettA.
Strang, R.A. Date: 9/30/86
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II Environmental Assessment (To be completed by Agency)
A. Does action exceed any Type ~ threshold in 6 NYCRR, Part 617.127 If yes, coordinate the review process and use the FULLJLONG FORM EAF.
[] Ye, [] No
S. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.77 If No, a negative declaration may be superceded by another
invotved action.
C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible]
C1. Existing air quality, surface or groundwater qua ty or quantity, noise levels, ex st ng traffic patterns, solid waste procluctlon or disposal, potential for erosion,
drainage or flooding problemsf Explain briefly:
C2. Historic. archeological visual or aesthetic or other natural or cultural resources' agricultural districts; or community or neighborhood characterf Explai~ briefly
Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered speciesf Explain briefl~
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.
C5. Crowth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Secondary. cumulative, or other effects not identified in C1~67 Explain briefly.
C7. A change in use of either quantity or type of energyf Explain briefly.
PART III Determination of Significance (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, iarge, important or otherwise
significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural}; (b) probability of occurring;
(c) duration; (d} irreversibillty; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified
and adequately addressed.
[] Check this box if you have identified one or more potentlaliy large or significant adverse impacts which MAY occur. Then
proceed directly to the FULL/LONC FORM EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on
attachments as necessary, the reasons supportng this determination:
Date
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re:
Property Set-Off
Rosa Hodgson
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2)
No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3)
No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
Garrett A. Strang, R.A.
FRANK A. KUJAWSKI, .IR., l~esident
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, III
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
OCT 2 6 1989
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
S. E · Q. R. A. NEGATIVE DECLARATION
NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
TELEPHONE
(516) 765-1892
APPLICATION NO. 10-89-1465
NAME: A1 Koke
DATE: October 20, 1989
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review and 6NYCRR Part 617,
Section 617.10 and Chapter 44 of the Code of the Town of Southold,
notice is hereby given that the Southold Town Trustees, as Lead
Agency for the action described below, has determined that the
project will not have a significant effect on the environment.
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: Unlisted
DESCRIPTION OF ACTION: To maintenance dredge channel 1200' x 60' to
maximum depth of 6' below MLW. Remove approximately 6500 cubic yards
spoil to be deposited on beach for nourishment of island to east.
Map of prior dredging in file.
LOCATION: Jockey Creek at end of Pine Neck, Southold, N.Y.
Tax map No. 1000-70-13-20.002
'REASONS SUPPORTING THIS DETERMINATION:
1. An on site inspection has been conducted by the Board of
Trustees.
2. An environmental assessment, submitted by the applicant and
reviewed and completed by the Board of Trustees, has indicated that
no significant adverse effects to the environment are likely to occur
should the project be implemented as planned.
3. Because there has been a response from the Southold Town
Conservation Advisory Council indicating that this project would not
have a significant effect on the environment. ~
4. Because a map of prior dredging to a depth of 6' below MLW
has been submitted as proof of prior dredging.
CC:
Ail Town Departments
N.Y.S.D.E.C.
Army Corps of Engineers
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. 3575
Application Dated 0ct0ber 3], ]986
TO: Mr. Garrett A. Stran9, R.A. ·
A§ Agent for R0SA. J. H.0D~GS~N
Main Road, Box 1412
Southold, NY 1197!
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on May 12,1988
the above appeal was considered, and the action indicat~d~_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
[×] Request for Variance to the Zoning Ordinance
Article III , Section 100-3l, Bulk Schedule
[ ] Request for
Application of ROSA J. HODGSON for Variances to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for appro-
val of the insufficient area and width of parcel to be set-off in
this pending division of land. Location of Property: North Side
of Pine Neck Road, Southold, NY; County Tax Map Parcel No.
1000-70-6-33. Containing 7.152 acres total.
WHEREAS, a public hearing was held and concluded on April 14,
1988 in the Matter of the Application of ROSA J. HODGSON under
Appeal No. 3575; 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, the
proposed zoning, and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a 7.152-acre parcel of land
having road frontage (lot width) of 1100.68 feet along the north
side of Pine Neck Road in the Hamlet of Southold, Town of Southold
and as more particularly identified on the Suffolk County Tax Maps
as District 1000, Section 070, Block 06, Lot 33.
2. The subject premises is improved with the following
s~ructures as shown on Drawing SP-1 dated September 26, 1986,
prepared by Garrett A. Strang, Architect:
a. principal single-family dwelling;
b. accessory tennis court;
c. accessory garden fountain, pavillion, and three
garden areas;
DATED: May 12, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3575
Matter of ROSA J. HODGSON
Decision Rendered May 12,
1988
d. accessory garage building with apartment (referred
to as "existing cottage";
e. hedges;
f. fencing.
3. By this application, appellant requests Variances from
the provisions of Article III, Section 100-31, Bulk Schedule, of
the Zoning Code for approval of insufficient lot area of 45,000
sq. ft. for a parcel to be set-off (divided off) from the exist-
ing 7.152-acres, leaving a parcel of approximately six acres, as
shown on the proposed Set-off Map Drawing No. SP-1 prepared by
Garrett A. Strang, R.A. The parcel as laid out includes that
area to the north used as a private right-of-way for other nearby
residential parcels and is without frontage along a Town Street.
4. Article III, Section 100-31, Bulk Schedule, of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. and minimum lot
width (or street frontage) of 175 feet. It is also noted that the
minimum setbacks for a principal building in this A-80 Residential
Zone District is 60 feet from the front property line and 75 feet
from the rear line. The "existing cottage" building would remain
apparently as the principal structure with insufficient setbacks
from the right-of-way to the north and from the property line to
the north. (Relief for setbacks was not requested in the instant
application.)
5. The amount of relief requested from the minimum required
lot area of 80,000 sq. ft., when including the right-of--way land
areas shown, is 35,000 sq. ft. , or 44 percent. The amount of
relief requested when deleting the right-of-way land area is
approximately 42,000 sq. ft., or 53 percent less than that
required. The percentage of relief requested from the minimum
frontage (lot width) along a town street is 100 percent. It
is the opinion of this Board that the relief requested is
substantial.
6. In considering this application, the Board also finds
and determines:
a. the variances requested are substantial;
b. the practical difficulties claimed are self-
created;
c. the practical difficulties claimed are not
sufficient to warrant a granting of the variances requested;
d. there is ample land available to meet the
lot size and frontage requirements and therefore there is
a method feasible for appellant to pursue other than a
variance;
e. the Master Plan Amendments as proposed by
the Town have not been adopted and accordingly the law
that exists at the time of a decision will apply (Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471
NYS2d 669 {1984, 2d Dept.});
f. significant economic injury has not been
demonstrated by dollars and cents proof;
g. in view of all the above factors and in
view of the manner in which the difficulties arose, the
interests of justice will be served by denying the
relief requested.
Page 3 Appeal No. 3575
Matter of ROSA J. HODGSON
Decision Rendered May 12,
1988
Accordingly, on motion by Mr. Douglass, seconded by Messrs.
Goehringer and Grigonis, it was
RESOLVED, that the relief requested under Appeal No. 3575
in the Matter of the Application of ROSA J. HODGSON BE AND
HEREBY IS DENIED AS APPLIED.
Vote of the Board: Messrs. Goehringer, Douglass,
Douglass. (Member Sawicki was absent {out of state}.)
resolution was duly adopted.
Doyen and
This
lk
GERARD P. GOEHRINGER, C~AIRMAN
GARRETT A. STRANG
ARCHITECT
RECEIVED
MAIN ROAD, P. O. E~OX I412
$OUTHOLD, NEW YORK 11971
June 13, 1988
Mr. Bennett Orlowski, Chairman
Southold Planning Board
Main Road
Southold, New York 11971
Re: Application of Rosa Hodgson
SCTM #1000-70-6-13
Dear Mr. Orlowski and Members of the Board:
I respectfully reques~ that the application pending
your Board be held open until such tine as I can respond
the decision of the Zoning Board of Appeals.
An amended application will have to be submitted, how-
ever, as of this date, I have not received their deci-
sion at this office.
Thank you for your courtesy and cooperation in this mat-
ter.
Very truly yours,
GAS/b Ga~rett A. Strang, R.A.
before
to
2
C
GARRETT A. STRANG
architect
M~in Road P.O. Box ~412 $ou~hold N.Y. 1197~
516- 765 - 5455