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HomeMy WebLinkAbout2852R.O.~. Gr~at Peconzc BaM Blwd., Lanrel A-~p~O~ of ~ns~f~ ~r~a and/°r width two parcels d~o to tho rol~ca%i°n of lot TOWN OF SOUTtlOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2852 by application Dated July 8, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary Flanner Olsen, Esq. as attorney Main Road Mattituck, NY 11952 AppeHant at a meeting of the Zoning Board of Appeals on August 6, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. IIIt Sec. ( ) 100-31 the appeal gra~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... p~agraph .................... of ~e Zoning Ordinance and ~e decision of ~e Building I~pector ( ) be reversed ( ) be co~med b~ause Public Hearing held: 8/6/81: Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen, as attorney) f~r a Variance to the Zoning Ordinance, Art. III, Section 100-31 for approval of insufficient area and/or width of two parcels due to the relocation of lot lines. Location of Property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, west by Kennelly; County Tax Map Item Nos. 1000-128-4-11 and 14. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) ' . (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 SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG:lk FORM ZB4 ZONING BOARD OF APPEALS Appellant by this appeal seeks to change lot lines between two parcels in order to give more room to the easterly parcel owned by the Estate of J. Harry McGowan, which will contain an area of approximately 5,000 square feet. The westerly parcel owned by Margaret McGowan will contain an area of approximately 7,200 square feet (exclusive of the 15-foot right-of-way at the northerly end) and the existing home with porch and patio will have a rearyard setback of approximately 22 feet. The existing house on the easterly parcel encroached onto the westerly parcel with its present lot line location, and if this variance is granted, the house on the easterly parcel will have a yard setback from the proposed new division line of approximately 30 feet. Appellant previously applied for a variance to change lot line in Appeal No. 2800 in which appellant requested a variance from the required lot area of approximately 92½%, or 3,000 square feet for the easterly parcel (Lot 11). The Board denied same without prejudice urging applicant to set aside more land for the easterly parcel. In considering this instant appeal, the Board determines that the circumstances herein are unique and the practical difficulties have been shown; that the grant of the variance would not produce a substantial detriment to adjoining resi- dential properties; that the difficulty cannot be obviated by a method, feasible to the appellant, other than a variance; that no adverse effects will be produced on available govern- mental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and in view of the manner of which the difficulty arose, the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 2852, application of Margaret McGowan, be granted a variance to the zoning ordinance to change lot line as requested and subject to written approval of the Southold Town Planning Board. Location of Property: Private Right-of-Way sou~h of Great Peconic Bay Boulevard, Laurel, NY; County Tax:Ma~ Parcels No. 1000'128-4-11 and 14.. Vote of the Board: Ayes: Messrs. Doyen~ Douglass, Goeh- ringer, Sawicki and Grigonis. APPROVED - Chairman BOard of ~peal~ // RECEIVED AND FILED BY TH~- SOUTi{OLD TOWN CLERK COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town, of Southold Board of Appeals (516) 360-5513 LEE: £. KOPP~'L MAN DIRECTOR OF PLANNING October 9, 1981 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~pplicant Municipal File Number Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scbtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan J Kenneth & Judy McFall Gladys Bayles John Lee Sonny Brown GGN:jk 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VI~TERANS M~MORIAL HI~,HWAY ' HAUPPAUGiE, L. L. 1*4EW YORK 11788 Southold Town Board o£Appeals MAIN ROAD- ~TAT£ ROAD 25 c:OUTHOLD. L.I., N.Y. 11971 TELEPHONE {516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:2852 Applicant: Margaret McGowan Location of Affected Land:R-0-~ south of Great Peconic Bay Blvd., County Tax Map Item No.: 1000-128-4-11 and 14 Within 500 feet of: -- Town or Village Boundary Line ]~ Body of Water (Bay, Sound or Estuary) Great Peconic Bay __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, Laurel, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting~zi~io~xx~xapprova~ Of ~sl]~fla~ent ar~a a~d/or width of 2 parcels due to th~ reloeatio~ o~ lo~ ]~u~. granted a variance as rem~euted subject ~o Sou2bl%old Tnw~ Pl~n~E ~d. approv. Copies of Town file and related documents enclosed herewith for your al review. Dated: October 2, 1981 ~'~J.~^ .~"). ~a~ Socrotary, Board of T S D LD HENRY E. RAYNOR, Jr..Chairman JAMES WALL BENNETT ORLOWSKI, JL GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 August 14, 1981 Mr. Charles Grigonis Chairman Southold Town Board of Appeals Southold, New Y¢Ik 11971 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at their K~eeting on Fishers Island, August 12, 1981. RESOLVED that the Zoning Board of Appeals referral for the matter of Margaret McGowan will not be needed to be processed as a new subdivision. The Planning Board sees no problem with this matter. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary I L~GAL NOTICE 267 of the T~.~o~ ~ old, a Regular Mol~n~ the following public ~l b~ had by,the S0~thold Town BOard of Appeals ~t the Southold Town Hall; Main' Road, Southold, NY on Thurs- day, August 6, 1981 com- mencing at 7:lS p.m. and as follows: 7:15 p.m. Application of Donald C. DoLalla, P.O. Box 526, Catehogue, NY for a Special ExcePtion to the Zon- ing Ordinance Art. Ill. Sec. 100-30 B (9)(a) for permission to dock and moor two boats not owned and used by owner of premises for bis personal use between existing pilings at ~S45 Skunk Lane, Cutohogue, NY; bounded north by Timp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. 7:25 p.m. Application ,of Margare~ MC~ownn, ] / A~er- ~n St~t~ MMver~e. II~S6S fbV Gari, gl~nn,~r f~l~n as atto Vnn'~n the ZonJn~ ('~'d~nnn~' I~ion of s. Location_of f-~opertv'. R.O.W sou~ll~f ~reat Peen.hie llnv Boulevard, 'Laureli bounde~ortn Co~.n.e.II east ~. ~o.nston an~er, west by z~e~nnl~y~ ~onut~ TaX ~dlnn Itt-~n Kennath L & Jndy M. Mc- Fall. 245 East 40th Street, New York, NY 10016 (by Gary Flanner Oslen ns attorney) fez a Varianc. e to the Zoning Ordinance, Art. 1~ Sec. 100- 31 for permission to construct on~-family dwelling fzom p~- existing chapel with insuf- fleJeut tear yard setback at 7216 ~eat Pecenic Bay Boule- yard, ~aurel, also known as Laurel~Aeres Minor Subd. (la.tinge Minor Subd.) Map No. 124, LOt 2; County TaX Map Item No. 1000-126-10- pert of 1.3. 7:50 p~m. Application of Patric~ A. Bailey, RR #1, BOx 114, Cutchogue, NY fo~ Variance to the Zoning Ordin- ance, Att. IH, Sec. 100-31 fez parmisslon to subdivide three marged lots, and approval of insufficient area of ptopesed lot//2, approval of insuffie~eut f~mut yardof p~0posed lot #3 of said lots at 21SS Skunk /~tne (Bay Ave.), Cat~ogue, NY. Above mentioned f~ont yard of l~9osed lot #3 fa~es t~lie bounded COUNTY OF SUFFOLKO STATE OF NEW YORK Patr/cia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................ ~ ...................... weeks successively, commencing on the ...... ~.~> ...................... 19...<~,. Swam to before me this .......... /.~.. ............... day of CLEMENT J. THOMPSON NOTARY PUBLIC State of New Y~k No. 52-9321725 Warren A. %Sa~b~eh~ ~173: ','.Nerthvilleladestt~esCorp., Hillside AvOn, W~ ~ P~O~ tH~' ~h~, ~ P~, ~ 1i~ ~a~V~-; '~'11~1~;~ k v~ mL~e ~.'~ ~. 1~,31 ~ ~ See. 1~:~ ~ :B)~r ~m~ add,ion ~h ~su~7 ~~ ~- ~nt side y~d ma ~d ~ ~g ~d m~g ~h p~g yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Es- tates Subd., Filed Map Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p;m. Application of Salvatore Calola, 74 living Place, New York, NY 10003 (by Samuel J. Glickmun as attorney) for a Variance to the Zoning Ordinance, Art. Sections 100-30A (1) & 100-32 for permission to amend Bdild- ing Permit #11152 Z,v~m,hich was issued for storage I~hild-' ing a permitted use Amend- ment to living unit is not permitted with in existing without storage area in an A Resi- dential-A~tiealtural Zone. Lo. cation of property: 610 Nau- glos Drive, Mattituck, NY; bounded north by Petorsen; Robinson, west by Nauglos Road, south by McKenna, east by Mattliuck Creek; County Tax Map Item No. 1000-99- 4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Sta- tion, NY 11746. Dated: July 24, 1981 BY ORI~ER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Cbalnnan 1T, 7/30/81 (2) $outhold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI August 11, 1981 Mr. Henry Raynor Chairman Southold Town Planning Board Southold. NY 11971 Dear Mr. Raynor: At a meeting of the Zoning Board of Appeals on August 6, 1981, the variance application of Margaret McGowan was granted, subject to the approval of the Planning Board. A copy of the survey is attached herewith. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN CG:ec Attachment Members Absent, if any: T)~e of Variance or Appeal: ~.~ O~ ',~.~c,'~ m~ ~/~ ,~'~ ~ ~ ' ~Charles ~erae ~Robert ~ G~rard ~osepb ~rlgon~s ~o~n uouglass ooearmger ~aw~cKi Resolution made by: ( ~ ( ) ( ) ( ) Seconded by: ( ) ( ) (~ ( ) Action: ) Approve as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) V/ithdrawn without Prejudice ) ,~~(,y) Approve with the following conditions: )'Sub,jectto Couniy Plannin9 referral Subject to Plannin9 Board'approval ( ) Subject to D.E.C. requlations ( Other: Findings of the Board are as follows: Other: Not Iffithin the Character' of the Neighborhood Variance is Substantial in Relation to Code If so~ 0/0. Hardship not sufficient Hardship or Difficulty Not Unique lxrill set a precedent in the neighborhood Area is already very congested Interests of justice served by denyin9 Vote of the Board: Ayes: (4CG (/ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) ( ) ( ( (~ RD (~ Ga () () () () () () () () () Grantin9 the Relief Requested is within spirit of the zoning code Relief is not substnntial Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by 9ranting I q ® 5 2 7A(c) 20 SEE SEC 24 I 8'A{ C HENRY E, RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, ,Ir. William F. Multen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 August 6, 1981 Mr. Charles Grigonis, Jr. Southold Town Board of Appeals Southold, New York 11971 Dear Mr. Grigonis: The Southold Town Planning Board feels that there is in- adequate information concerning the matter of Margaret McGowan. The Southold Town Planning Board will not be able to act on this matter until it is clarified for us. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda Kimmins, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. !~ R R ',' T'J'T: II L L ROBERT J, DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki TO: FROM: DATE: SUBJECT: SouthoId Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLDo L.I., N,Y. 11971 TELEPHONE (516) 765-1809 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Southold Town Board of Appeals July 21, 1981 Determinations pursuant to Chapter A106-13 Dear Henry: Pursuant to Chapter A106-13 of the Town Code, your determinations concerning the matters listed below are requested. If it is the Board's determination that any of these matters will require pro- cessing as a new subdivision, please do not hesitate to give us your comments or recommendations on the layouts as proposed herein. Thank you for your cooperation. Matter of /Margaret McGowan appeal Patricia Bailey appeal Northville Industries Corp. appeal Location of Propert~ R-O-W south of Peconic Ba Blvd., Laurel Cty. Tax Map Item No. 1000-128-4-11 & 14 2155 Skunk Lane (Bay Ave.),Cutchogue 610 Naugles Drive, Mattituck Very truly yours, CHARLES GRIGONIS, CHAIRMAN JR. By Eileen M. 'Carey, TempoS'fy Secretary Legal Notices LEGAL NOTICE' OF HEARINGS ' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the-Amended Code of the Town of Southold, a Regular Meeting and the following public bearings will be held by the Soatbold Town Board of Appeals at the South- old Town Hall, Main Road, Soathold,' NY on Thursday, August 6, 1981, commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLslla, P.O. Box 526, Cutchogue, NY for a Special Exception to the Zon- lng Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his personal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Tamp- son; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax map Item No. 10~P138-2-18. Art. III 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 1{~0-31 for permission to construct one-family dwelling from pre- existing chapel with insuf- ficient rear yard setback at 7216 Great Peeoaic Bay Boule- vard, Laurel, also known as Laurel Acres Minor Subd. (Pieeioae Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for permis- sion to subdivide three merged lots, and approval of insuf- ficient area of proposed lot//2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of pro- posed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchei, Nassau Point Road, Cutchogue~ NY (SWim King Is, Route 25A, Rocky Point, ~./' 11778 as agent) for a Variance to the Zoning Ordi- nance, Art. III, See. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cut- OF SUFFOLK, chogue, NY; also known as Nassau Point Subd., Filed F NEW YORK, ~ ss: Map #156, Lots 17, 13; County J Tax Map Item No. 1000-Il1-9-3. 8:20 p.m. Application of ~Y GLls'[;a. lrs011 being duly Sworn, Warren A. Sambach, 173 Hill- ' ............................ side Avenue. Williston Park .... h.e.., is Printer and Publisher of the SUFFOLK NY 11596 for a Variance to the Zoning Ordinance, Art. III TIMES, n newspaper published at Greenport, in said Sec. 100-31 & Sec. 100-36 for permission to construct addS- nd that the notice, of which the annexed is ~ printed finn with insufficient side yard area and rear yard setback at ; been published in the s~id Suffolk Weekly Times Dogwood Lane, East Marion, NY; also known as Gardiners neb week, for . . 0.1~.~. weeks Bay Estates Subd., Filed Map ..................... #95, Lot 96; County Tax Map ~ly commencing on t~he ~O't~.. item No. 1000-37-1-9. ' .................... 8:30 p.m. Application of ..~T~s~- ........... Salvatore Caiola, 74 Irving ' ... ~ .'~....~. Place, New York, NY 10003 lis .~..~..~..~ ~ ..................... (by Samuel J. Glickman as ............ attorney) fora Varianceto the , before me th Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 .~..~t~.~.. 19..8.~, for permission to amend BU d- ' ......... ~.,...~..Z~....~/..t~.. lng Permit #11152 Z, which was issued for storage build- ' ................. lng, a permitted use Amend- ment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of pro- petty: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8' 9, 12.2, 13.2. 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhamptan Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's Lane Exten- sion, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Case's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverboad, NY 11901 for a Variance to the Zoning Ordinance, Art. III, S~c. I00-30 (A & B) for permis- sion to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agri- cultural Zone. Location of pro- perry: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKeana, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way Huntington Stat on, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TJy30-3738 NOI,~R¥ PUBLIC, State o! New York NO 4707878, Suffolk Counfv T~rrn Expires March 30, LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following p~blic hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, August 6, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Donald C. DeLalla, P.O. Box 526, Cutchogue, NY for a Special Exqeption to the Zoning Ordinance Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor two boats not owned and used by owner of premises for his per- sonal use between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded north by Timpson; west by Baldwin's Creek; south by Faraguna; east by Bay Avenue (Skunk Lane); County Tax Map Item No. 1000-138-2-18. ~ 7:25 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for approval insufficient area and/or width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Johnston and Mormile, south by Alexander, est by Kennelly; County Tax Map Item No. 1000-128-4-11 & 14. 7:35 p.m. Application of Kenneth I. & Judy M. McFall, 245 East 40th Street, New York, NY 10016 (by Gary Flanner Olsen as attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 for permission to construct one-family dwelling from pre-existing chapel with insufficient rear yard setback at 7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres Minor Subd. (Piccione Minor Subd.) Map No. 124, Lot 2; County Tax Map Item No. 1000-126-10-part of 1.3. 7:50 p.m. Application of Patricia A. Bailey, RR #1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to subdivide three merged lots, and approval of insufficient area of proposed lot #2, approval of insufficient front yard of proposed lot #3 of said lots at 2155 Skunk Lane (Bay Ave.), Cutchogue, NY. Above mentioned front yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax Map Item No. 1000-97-4-11, 12, 17. 8:05 p.m. Application of Gunter Morchel, Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky Point, · Page 2 - Board of--Appeals Regular Meeting of August 6, 1981 legal adv. NY 11778 as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct an inground swimming pool in the front yard area at the corner of Nassau Point Road & Old Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd., Filed Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3. 8:20 p.m. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for permission to construct addition with insufffcient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners Bay Estates Subd., Filed Map #95, Lot 96; County Tax Map Item No. 1000-37-1-9. 8:30 p.m. Application of Salvatore Caiola, 74 Irving Place, New York, NY 10003 (by Samuel J. Glickman as attorney) for a Variance to the Zoning Ordinance, Art. III, Sections 100-30A (1) & 100-32 for permission to amend Building Permit #11152 Z, which was issued for storage building, a permitted use Amendment to living unit is not permitted with an existing dwelling on premises without a Variance. Location of property: 49975 County Road 48, Southold, NY; bounded north by Sound View Avenue, west by Sawicki, south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack, Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.2, 13.2. 8:45 p.m. Application of Frederick T. Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance to Section 280A Subsection 3 of the Town Law for approval of access of Case's Lane Extension, Cutchogue; bounded north by Path Way, west by Fairway Farms, south by Cases's Lane Ext., east by Horn, Bouffler; County Tax Map Item No. 1000-109-5-north section of 14.1. 8:55 p.m. Application of Northville Industries Corp., P.O. Box 111, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permission to use part of premises for commercial docking and mooring with parking storage area in an A Residential-Agricultural Zone. Location of property: 610 Naugles Drive, Mattituck, NY; bounded north by Petersen, Robinson, west by Naugles Road, south by McKenna, east by Mattituck Creek; County Tax Map Item No. 1000-99-4-18. Owners of property: Mr. & Mrs. Joel McElearney, 66 Alpine Way, Huntington Station, NY 11746. Dated: July 24, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 30, 1981 and forward nine affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon as possible. Addendum to Legal Notice 8/6/81 Board of Appeals Regular Meeting On Monday, July 27, 1981, copies to: ~onald C. DeLalla .Margaret McGowan -~Gary Flanner Olsen, Esq. as attorney for Mrs. Margaret McGowan Kenneth I. & Judy M. Mc Fall Gary Flanner Olsen, Esq. as attorney for Mr. & Mrs. McFall Patricia Bailey Mr. & Mrs. Gunter Morchel Swim King Pools, as agent for Mr. & Mrs. Morchel ~.Mr. Warren A. Sambach .Mr. Salvatore Caiola ~Mr. Samuel J. Glickman, as attorney for Mr. Caiola -Mr. Frederick T. Horn · Northville Industries Corp. Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board Appeal Files Mr. & Mrs. Joel McElearney, owners of property of Northville Ind. Corp. appli Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.l., N.Y. ll=J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT .J. DOUGLASS GERARD P. GOEHRINGER N.Y.S. Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2852 Application of: Location of Property in Question: Right of Way South of County Tax Map Item No. 1000- 228-4-11 & 1000-128-4-14 Project Proposed by Appeal Application: Area and width of two proposed parcels. Margaret McGowan Peconic Bay Blvd., La. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: July 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Copies to: Applicant/Agent Town Clerk Bulletin Board Appeal File JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS K Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 July 16, To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk 1981 Transmitted herewith is Zoning Appeal No. 2852 application of Margaret & Joseph McGowan for a variance. Also included are notification to adjoining property owners, Notice of disapproval from the Building Inspector, short environmental assessment form, and wetland questionnaire. JTT/bn ~/Ju~gtwnh ~lerT~rry7 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ........................... . ..... .... i :. ............ :.~:..~.:....?. ~,.. ~d.~:::.~/ PLEASE TAI~E NOTICE that your application dated ........................... t9 ..... for permit to ea~a~:t_.-c..c?. ............................................................ at Location of Property ... ~?.~.'. '. . ,~. .............................................. Har~/e~ Houso No. Stroot County Tax Map No. 1000 Section .... /...~.. Z.. Block ..... f/ ...... Lot .../.].. ?~.../.~... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ..... .,,,..~/~,;,>. ~ :~.~,./~',-- x~:/,( :, ,.~.~: .............. · '."' :>;;':'; .... :;;; .... ;;::: ............... '>;'~" .4.~.~< .~.~. . f*>: .....-..: .' .....::/ ......................... ............... ~- ......... Building Inspector RV 1180 GArY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · July 8, 1981 Re: Petition of Margaret McGowan and the Estate of Joseph P. McGowan File # 2968 Gentlemen., and the fee of $15.00. Please place this on the c alen/~r for th~ next meeting. /-- / Very tr~tlyy(jJ~krs/ / Enclosures Southold Town Zoning Board Main Road Southold, New York 11971 cc: Margaret P. McGowan cc: Myles Hart, Esq. -N TOWN OF SOUTHOLD OR~M SHORT VIRONMENTAL ASSESSMENT F ~NSTRUCTIONS: (a) In Order to answer the questions in this short EAF it is assumed that the preparer will use currently available informatEon concernEng the project and the 1Ekely impacts of the action. It is not expected that additional studies, research or other investEgatlons well be undertaken. (b) If any questEon has been answered Yes the project may be sEgnEficant and a completed EnvEronmental Assessment Form Es necessary. (c) If all questions have been answered No Et Es 1Ekely that project Es not significant. (d) EnvEronmental Assessment 1. Will project result En a large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes~ .No 2. Will there be a ma~or change to any unEque or unusual land form found on the site? .......... Yes~ No 3. W~ll pro~ect alter or have a large effect on existing body of water? ....................... Y~s~ No 4. Will pro~ect have a potentially large ~mpact on groundwater quality? ....................... Yes~ No 5. W~ll project signEficantly effect drainage flow on adjacent seres? ........................ Ye~ No 6. Will pro~ect affect any threatened or endangered plant or an[mal species? ........... Ye~ No 7. W~ll pro~ec~ result ~n a major adverse ef~ect on a~r quality? ............................... Yes~ No 8. Will pro~ect have a ma~or effect on v~sual character o~ the community or scenic views or vistas known to be ~mportant to the communE[y? Yes~ No ~. W~i1 pro~ect adversely ~mpact any s~e or structure of historic, prehistoric or paleontological Emportance or any s~te desEgna~ed as a critical environmental area by a local agency? ............ ~...~.~.,.¥.,... Yes~ No 10. ~ill pro~ect have a ma~or effect on ex~st[ng or future recrea~Eonal opportunities? ......... Yes~ No 11. W~ll pro~ect result in ma~or traffic problems or cause a ma~or effect to exlst[ng transportation systems? ....................... Yes~ No 12. Will pro~ect regularly cause ob~ectEonable odors~ no~se~ glare, v~bra~on, or electrical dEsturbance as a result of the project's operation? .................................... ~Yes~ No 13. ~Ell pro~ect have any impact on publEc health or safety? .................................... Yes~ No 14. ~ill pro~ect affect the exEsting community by d~rectly causing a growth in permanent population o~ more~n ~ percent.over a one year perzod or ha~ a)ma]or negatzve effect on.the chara~er/o~ t~e community or nezghborhood?..~ .... / ......................... Yes~ No 15. Is there publE~ ~n~ove~sy concerning the ..................... ~e~X REPRESENTING_Margaret MeG~and E~tat~ of .Tn~oph P. DATE T,,~, R. ~c~owan July8. 1981 (Today' s Date) To: Re: Southold Town Board of Appeals Main.Road $outhold, NY 11971 Appeal Application of Margaret McGowan and Estate of Joseph P. McGowan Location of Property: Right of Way South of Peconic Bay Boulevard, Laurel. New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* not appear to f[Sa~rwr~tdh~i'nte~e (~)ur~icC~oenYo°~°NPT~.tsY.d~.e~.c.] Sincere~~/ / ~i_J~NNER (~LSEN, ESQ~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i_ (We) ~/~ J~,t'g~, r.¢.t ,~/J~..C~.W.JM'L .,~ ~1.. kb,{ ........... o f ........ 1.7.. A b.~r ~le.~ n..S Me e.t ............................. ~state ox 3OSl~Re~'o.f ~(~Tj~n Street and Number ...~[~.];,y,.e.,~.e.~ ........................................................................ .,~,e,~,.,¥,,gT:~ ...... 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 ( ) ( ) (X) Name of Applicant for permit P. McGowan of LT.. ~ 1~.~ r~.~ n..S tx.. ~ .e.~, ............... MaLv. erne, ................ :Naw...Y~r.k ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTy Right of Wa,y_ South of Peconic Ba Boulevard, Laurel, NY Street . .Usg Di~stric_t on ~pning /~Aap Zones. ~ grzcultural / Resiaen ~ial ...T.~..IVL~p..L~{~..1 O.0.0 ~.1~ ~.~.~7.11..ap.d. ~.0.0 0..- 12 8 -4 - 14 Mop 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.) A~-H~-I~ LTT_ Se~fien !go-_q! *_nd ~,_'!k 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to la~:k '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) ~bx~'~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (x) request for a variance and was made in Appeal ,l~.u ....... ~.8.0(~ ................ Dated ........ ~.,/.2~/.(~1 .............................................. ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Applicant seeks to change lot lines in accordance with a survey of Roderick Van Tuyl, which is made part of this Applica[ion. Po~m zB1 (Continue on other side) REASON FOR APPEAL ContinUed 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Margaret P. McGowan has entered into a Contract to sell property designated on the Tax Map as 1000-128-4-14. Due to the fact that a house located on the Parcel held by the Estate of J. Harry McGowan encroaches on the Parcel owned by Margaret P. McGowan, the Applicant seeks to chmqge the property line between the two parcels in order to give more room to the parcel owned by the Estate of J. Harry McGowan. The redefined subdivision lines would be as shown on the survey of Roderick Van Tuyl, which is made part of this Appli- cation and the lot designated on the Tax Map as 1000-128-4-14 would be approximately 8, 500 square feet and the lot designated on the Tax Map as 1000-128-4-11 would be approximately 5,000 square feet. A Certificate of Occupancy was issued for tax lot 14 under Number Z 10492 and a Certificate of Occupancy issued for Tax lot # 11 under Number Z 10493. 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 an existing house owned by the Estate of J. Harry McGowan encroaches on a parcel owned by Margaret P. McGowan, and the parties are willing to redefine the lot lines so that there will be no encroachr~ents. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is presently a house on the Parcel owned by Margaret P. McGowan and a house on the parcel owned by the State of J. Harry McGowan. The character of the neighborhood accorffaugly would not change and the parties simply seek to redefine the subdivision line between the two parcels to give more or a rear yard to the house on the parcel owned by the Estate of J. Harry McGowan. Margaret/Pr/~c~ow~ and the Estate of Joseph PI/~ ~wa~, COUNTY OF SUFFOLK) --6"ary Fl~,~er Olsen, Esq. Sworn to this .......... ..8.t.b .............................. day of~ .............. CHERI~~ LYNN RUSSELL NOTARY PUBLIC, State of New York Suffolk County - 52-470304L~ Comm}ssi~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Margaret McGowan and the Estate of : Josevh P. McGowan : to the Board of Appeals of the Town of Southold : ' TO: Joseph Connolly Mary 3uae Sweeney Mr. and Mrs. Bruce Johnston 11enrietta Mormile NOTICE Mr. and Mrs. Thomas Kennelly Mary Ross Eugene Belz Mr. and Mrs. Eric Alexander YOU AREHEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) ,~/~]~~t~ (the following relief: To divide property with insufficient area, width and yard area. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is d~- cribed as follows: l~orth by Connolly and Kennelly: East by Right of Way, Sweene¥ and Ross; South by Johnston, Belz and Morniile; West by Alexander. ~ 3. That the property whict~ [s the subject of such Petition is located in the following zoning district: A gricultur al/Re side ntial 4. That by such Petition, the undersigned will request the following relief: To divide property w~th ~n~nff~a~n[ area; wlcl~h and yard area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III; Section 100-31 and Bulk Schedule 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, $outhold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must~e held o~ the matter by the Board of Appeals; that a notice of such hearing must be published at least fiv)e' days prigtr to the date of su.ch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Wat)/hman, newspapers published ~n the Town of Southold and designated for the publication of such notices; thal you/)or yo.~r representative have the right to appear and be heard at such hearing. Mar~ret ~ ~c~wa~nd the Estate of Dated: .Tdv 8. 1981 . ~oseph- P~ Post Offic~ddr~s P,O, Box 88, ~ain ~oad ~att~tuck~ ~ew Yo~k PROOF OF MAILING OF NOTICE NAME Mr. and Mrs. Bruce Johnston Fi e # No. 915141 2968 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE P~OVI~ED-- NOT FOR INTERNATIONAL MAIL Ft e # No. 915138 2 9 6RSEcEtPT FOR CERTIFI~) MAIL No. 9~5~36 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERA6E PflOvmrn-- tile # NO. 915140 9 , CE,,iT FOR CERT,F,ED MA,L 140 I~URANCE COVENAOE pfl0VlOSU-- kl0T FOR IKTTRt4A'TIONAL MAIL (See Reverse) ADDRESS Box 1167 Mattituck. New Yor{ 786 Circle Avenue Franklin Lakes. Ne, 104 Chase Drive Manhasset, ~ew ~y6 9509 248rd Street BeLl, ermle, New Yo 406 ~East .Main Stre ~:~i~d, New' Ye 32 ]{revoort Place Roc~e Con.e, 25~S~it Avenue Bro~lle, New Y( 17 Wheeler Place Northport. New Yo File #2~$. 915135 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIO~D- MOT FOR INTFRMATIONAL MAIL (See Reverse) .... uuVERAGE PROVICED- NOT FOR INTFORA11ORAL MAll. File # No. 915137 SU INSURANCE COVERAGE PROVID~n-- MflT {:fir IMT{:RMATMiM&L MAlt RECEIPT FOR CERTIFIED I~IAIL NO INSURANCE COVERAGE PROINII[~ NOT FSU INTERNAllONAL MAIL (See Reverse) SENT TO ~Ir. & Mrs. Bruce ;lohn~] ibex 1167 Mattituck. NY 11952 ~ residing at (no nurnhe~-] ~,~,-~n Av~n,,p. sworn, deposes' and sa~s that on 19 8! _, deponent mailed a true copy of the Notice set forth on the re- persons at the addresses set opposite their respective names; that the addresses set opposite thee name~ ~)~ 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- rice at Mattituck ~ ; that said Notices were mailed to each of said persons by Sworn to before rr~/th~ day of Nol~ Public No~A~blic, State of New Yor) Tm'm Explrm MQrch a0, Cherie Lynn R~sell ~1 t SEE SEC NO IE6 LiNE ® 5 z IS SEE SEC NO¸ 24 18 A(c)