HomeMy WebLinkAbout2800' · Laurel .4~2/8I
'~ ~ G~eat Peconzc .Bay Bl~d. ~
2 pa~ls~ due to the relocation ~f lot lines,
TOW~ OF SOUTHOLD~ ~EW YORK
ACTION .OF THE ZON~qG BOARD OF APPEALS
Appeal No. 2800 ApplicaticrDated March 11, 1981
ACTION OF THE ZONING BOARD OF APPEALS O~ THE TOWN OF SOUTHOLD
To Gary Flanner Olsen, Esq.
Attorney for Mrs. Margaret McGowan
Main Road, Mattituck, NY 11952
AppeHant
at a meeting of the Zoning Board of Appeals on
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 o III
( )
April 2, 1981
Sec. 100-31
appeal
gra~ed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be
co~med b~ause Public Hearing: April 2, 1981: Application of Margaret
McGowan, 17 Aberdeen Street, Malverne, NY (by Gary Flanner Olsen, Esq.)
for a Variance to the Z~Sning Ordinance, Art. III, Sec. 100-31 for
approval of the insufficient area and width of two parcels due to the
relocation of lot lines. Location of property: R-O-W south of Great
Peconic Bay Boulevard, Laurel, NY; bounded north by Connelly, east by
Sweeney, Ross, and private right-of-way; south by Johnston, Mormile;
west by Alexander. 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 fuxther determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be conf~med ( ) be reversed.
) be dlnied
FORM ZB4
ZONING BOARD OF~PPEALS
The Board finds and determines as follows:
By this Appeal, Appellant seeks a variance to sell off an under-
sized lot (tax map lot 14). Lot 14 is owned by the Appellant,
Margaret McGowan. Lot 14 is contiguous to a parcel containing a
structure and designated as Lot 11 on the tax map. This latter lot
has an area of approximately 2,700 square feet. Lot 11 has an area
of approximately 13,500 square feet. Lot 11 was owned by J. Harry
McGowan, husband of Margaret P. McGowan. Both Lots 11 and 14 as
well as tax map lot 10 were acquired by Margaret P. McGowan in 1944.
In 1956, Margaret P. McGowan conveyed Lot 11 to her husband, J.
Harry McGowan. In 1967, Margaret P. McGowan conveyed Lot 10 to
Catherine Hope. The structure on Lot 11 encroaches upon Lot 14.
In this Appeal, the Appellant proposes to enlarge Lot 11 in
order to eliminate the encroachment. However, Appellant proposes
to convey only a strip of land approximately 12 feet in width.
This would increase the lot area of Lot 11 by approximately 375
square feet, thus Lot 11 as proposed to be enlarged would have an
area of approximately 3,000 square feet or approximately 7½% of
the required lot area (40,000 square feet).
It is the opinion of this Board that Lot 11 should be increased
in size in view of the fact that it is substantially substandard.
However, the Board is of the opinion that a larger area of land
should be set aside for Lot 11. Accordingly, the Board denies the
Appeal, without prejudice, and urges the Appellant to set aside
more land for Lot 11 and then reapply to this Board.
Motion was made by Mr. Sawicki, seconded by Mr. Douglass, to
deny the above appeal without prejudice.
Location of property: Right-of-way off the south side of Great
Peconic Bay Boulevard, Laurel; bounded north by Connelly; east by
Sweeney, Ross and private right-of-way; south by Johnston, Mormile;
west ~by Alexander. County Tax Map Item No. 1000-128-4-11 and 14.
Vote of the Board: Ayes: Messrs. Douglass, Goehringer and
Sawicki. Messrs. Grigonis and Doyen abstained from vote.
APPROVED
I fft, _
-Chairman Board o~/Appeats'
P ECEIVED AND FILED BY
SOU'fi{OLD TO?,q'; CLERK.
McG owan
By this Appeal, Appellant seeks a variance to sell off an undersized lot (tax
map 14). Lot 14 is owned by the Appellant Margaret P. McGowan. Lot 14 is
contiguous to a parcel containing a structure and designated as Lot 11 on the tax
map. This latter lot has an area of approximately 2, 700 sq. ft. Lot 11 has an
area of approximately 13,500 sq. ft. Lot 11 was owned by J. Harry McGowan the
husband of Margaret P. McGowan. Both lot 11 and 14 as well as tax map lot 10
were acquired by Margaret P. McGowan in 1944. In 1956, Margaret P. McGowan
conveyed lot 11 to her husband J. Harry McGowan. In 1967, Margaret P. McGowan
conveyed lot 10 to Catherine Hope. The structure on lot t~encroaches upon lot
In this Appeal, the Appellant proposes to enlarge lot 11 in order to eliminate
the encroachment. However, Appellant proposes to convey only a strip of land
approximately 12 feet in width. This would increase the lot area of lot 11 by
approximately 375 sc+ ft. thus, lot 11 as proposed to be enlarged would have an
area of approximately 3, 000 sq. ft. or approximately 7-1/2% of the recruited lot
area (40,000 so. ft.)
It is the opinion of this Board that Lot 11 should be increased in size in view of
the fact that it is substantially substandard. However, the Board is of the opinion
that a larger area of land should be set aside for lot 11. Accordingly, the Board
denies the Appeal, without prejudice, and urges the Appellants to set aside more
land for Lot 11 and then reapply to this Board.
(~ARY FLANNER OLSEN
COUNSELLOR At LAW
P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · RHONE
March 20, 1981
Re: McGowan Variance Application
Estate of Joseph P. McGowan
File # 2968
Gentlemen:
/
Enclosed herewith please find copy of a letter rece~ee.d from Joseph.. Connelly
indicating he has no objection to Mrs. McGowan's~zanance application
which I am sending to you for your records.
/
e%?/ra ·
Southold Town Zoning Board
Town Hall
Southold, New York 11971
cc: Mrs. Margaret McGowan
MESSAGE
REPLY
L
Joseph Connelly
786 Circle Avenue
Franklin Lakes, New Jersey
07417
Re: Margaret McGowan and the Estate of
Joseph P. McGowan
File # 2968
Pursuant to your phone request of this
afternoon, I am enclosing herewith a
copy of Mrs. McGowan~s Petition° and
her survey, showing the new proposed
division.
If you have any~ther questions, please
do not hesitat~to c~ntact my office,
Enclos/UrJ (2)/
Re: Request of Margaret McGowan
jbr Variance
£ have no objection for the granting
of variance to Margaret McGowan for the
purpose of expanding the rear yard, which
actually is better defined as side yard
of the house on the parcel owned by the
Estate of Joseph P. McGowan.
This expansion, as represented on your
enclosure of 3/13/81, poses no problem
as regards my property and I support
the purpose and intent of Margaret
McGowan's request.
D
LD
HENRY E. RAYNOR, ,Ir., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM. Jr.
Nill±ara F. Mullen,
Jr.
Southold, N.Y. 11971
March 23, 1981
TELEPHONE
765- 1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The matter of the division of two parcels, each with an
existing dwelling, with insufficient area and width for property
owned by Margaret and Estate of Joseph P. McGowan located at
Laurel was reviewed by the board at your request.
It was the consensus of the members present that in
accordance with Section A106-13A of the Code of the Town of
Southold Subdivision of Land Regulations that this does not
constitute a subdivision and is to be considered a setoff of
land.
Yours truly,
HENRY E. RAYNOR, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Joseph H. Sawicki
Southold Town Board of Appeals
MAIN RE}AD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. llgT1
TELEPHONE (516) 765-1809
March 16, 1981
Mr. Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: McGowan, Margaret and Estate of Joseph P.
Appeal No. 2800
Dear Mr. Raynor:
Recently the subject appeal was filed for a variance to permit
the division of two parcels, each with an existing dwelling, with
insufficient area and width, located on a private right-of-way south
of Peconic Bay Boulevard, Laurel.
Pursuant to Chapter A106-13 of the Town Code, please provide us
with your decision regarding this matter. Also, if it is your deci-
sion that this proposal would require processing as a new subdivision,
please advise as to whether or not you approve of the project as
laid out herein.
Yours very truly,
CG:lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
e
· ~ ~.~ Ole HEAiUHGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Sonthold,
the following matters will be
held fo~ public heatings by the
Sontbotd Town Board of Ap-
peals at the Soutbeld Town
Hall, Main Road, Southold,
NY on Thursday, April 2,
1981.
7:35 p.m. Applieation of
Southold, NY for a Variance to
the Zoning Ordinance, Art. m,
Sec. 100-30A(2){d] to construct
farm tool shed with insof-
ficient rear and side yard
setbacks at property located on
the North Side of C.R. 48,
Soothold; bounded north by
Lieblein, east by Aliano, Lath-
am and Morris, south by C.R.
48, west by Doroski; County
Tax Map Item Ho. 1000-
59-9-28,
8:00 p.m. Application of
Dolores Strong, Box 1033,
Mattituck, NY for a Variance
to the Zoning Ordinance, Art.
VI, Sec. 100-61, 100.60C, Art.
Il, Sec. 100 23flor permission
to construct fence in the side,
rear and/or front yard areas at
11455 Main Road, Mattituck;
bounded north by Van Ryswyk
and O'Heil. east by Mileska,
south by S.R. 25 (Main Road);
west by Burgon; County Tax
Map Item No. 1000-142-2-17.
8:10 p.m. Application of
Hope Prior Smith, 655 Pine
Neck Road, Southold, NY (by
R.W. Gillispie, RI as agent) for
a Variance to: (a) Hew york
Town Law Section 280-A for
approval of access, and (b) the
Zoning Ordinance, Art. Ill,
Sec. 100-31 for approval of
insufficient road frontage of
two proposed parcels located
on the north side of Pine Neck
Road, Southold; bounded
north by 3ockey Creek and
Lademafln, east by Width,
south by Kowalski, Pine Neck
Road and Kohl, we~..~by
Lademann and
County Tax Map Item No.
1000-70-5-31.
8:20 p.m. Application of
Mary H. Lockwood, 465 Old
Harbor Road.-New Suffolk, NY
gel; bounded north by Cata-
~ano and Pecenic Bay Blvd.,:
~ }east by Keller, south by Bay,
;~;~ ~p/n" '~r-ar~'''-%est by Pridgen; County Tax
DaVid L. 'M~dd, North Road, ~ Map Item No. 1000~128-6- 13.2.
9:15 p~m. Application of
Rose Dansker, 300 East 56th
Street, Apt. M., New York, NY
10022 (by Gary Flanner Olsen,
Esq.) for a Variance to the
Zoning Ordinance, Art. 111,
Sec. 100-31 for approval of
insufficient area and width of
two prepesed parcels located
at Wells Road. Peconic, NY;
bounded north by Wells Road,
west by Groben, south by
Richmond Cree~k, east by
Krueg~r. County Tax Map
Item No. 1000-86-2-10 & 11.
9:30 p.m. Application of
Kenneth Brower, by William
S. Midgley, Jr. as agent, 200
Skunk Lane, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Art. 111, Sec. 100-
31 for permission to construct
garage with an insufficient
sideyard setback at 495 Fisher-
man's Beach Road, Cutch-
ague; bounded north by Fish-
erman Beach Road, west by
Baxter, south by Bay, east by
MeKeon. County Tax Map
Item No. 1000-111-1-3S.
a 9:45 p.m., Application 9f
Margaret McGowan, 17 Aber-
Gary F. Olsen. Eso. I for a
- Variance to the Zoning Ordin-
' once, Art. IlL Sec. 100-31
--.~approva! ot the msumaent_
~ation of property:.
- R-O-W south of Great Peconic ..
*~Bay Boulevard, Laurel; bound-
,~;d north t)y ~onnell~, east by
~ht-of-wa¥~ south by John-
ston, Mormilel west bv Alex-
~nnder. County Tax Map Item~
~los. 1000-128-4-11 and 14.
Dated: March 12, 1981,
for a VarianCe to the Zoning · . BYORDER' 0F
~h~e~ :~ lli, Sec7 100~ THE soUTHoLD TOWN
31 for aPProval of insUfflcie~ 'BOARD OF APPEAL,S
.... ~ __.,,. __.~ ~ ....... #~ CHARLES GRIGONIS, JR.,
Chairman
iT, 3~19~8! (3)
COUNTY OF SUFFOLK
ss:
' d STATE OF NEW YORK
~,oed, Southold; bounde
~ ~atl~,~ DeFriest,
~j~.,~, w~s~ y
~ T~ ~tap
~~ ¢: ~ Pat ricio Wood, being duly sworn, says that she is the
~]~cof Editor, of THE LONG iS~ND TRAVELER-WATCHMAN,
i~. C~o;'~2 ~mt~-
,~ :~. ~ppan~e, ~ a public newspaper printed at Southold, in Suffolk County;
17~? ~ · ~ ~ tbe and that the notice of which the annexed is a printed copy,
~. 1~-~1 ~t ~iss~, t~ has been published in said Long Island Traveler-Watch-
iu,d ~ one,~o~ ~ar~e w~
as,~cie~t~ut~*i~e ~ man once each week for .......... ~ ............................ weeks
~eth~e~s ~t the ~ut~ ~e of ~ ~
~,i¢ BOy ~1~, ~u' uccessively, commencing on the ....................................
................ ........ ....
Sworn to before me this ...... ...~....~.. ................. day of
Notary Public
LEGAL NOTICE
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town L~w and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Soathold Town
Hall, Main Road, Soathold,
NY on Thursday, April 2, 1981:
7:35 p.m. Aoulicatioa of
James V. Righter (for Fishers.
Island Development Corp.), 58
Winter Street, Boston, MA
02108 for a Speeial Exception
to the Zoning Ordinance, Art.
III, Sec. 100-30B(8) for permis-
sion to create additional em-
ployee housing on second floor
of Beach Club to match the
existing housing on the west
end of club, (also known as
labor camp), to be located on
the south road to the East End
of Fishers Island, more par-
ticularly designated as County
Tax Map Item Nos. 1000-5-2-
7.3, 1000-4-4-12, 1000.1-1-3.6,
1000~1-6-9.
7:50 p.m. Application of
David L. Mudd, North Road,
Southo]d, NY for a Variance to
the Zoning Ordinance, Art. III,
Sec. 100-30A(2)[d] to con-
struct farm tool shed with
insufficient rear and side yard
setbacks at property located
on the North Side of C.R. 48,
Southold: bounded north by
Lieblein, east by Aliano, Lath-
am and Morris, south by C.R.
48, west by Doroski; County
Tax Map Item No. 1000-59-9-28.
8:00 p.m. Application of
Dolores Strong, Box 1033, Mat-
tituck, NY for a Variance to
the Zoning Ordinance, Art. VI,
Sec. 100-61, 100-60C, Art. II,
Sec. 160-23 for permission to
construct fence in the side,
rear and/or front yard areas
at 11455 Main Road, Matti-
tuck; bounded north by Van
Ryswyk and O'Neil, east by
Mdeska, south by S.R. 25
(Main Road), west by Bur-
gnu; County Tax Map Item
No. 10~)-142-2-17.
8:10 p.m. Application of
Hope Prior Smith, 655 Pine
Neck Road, Southold, NY (by
R.W. Gillispie, III as agent)
for a Variance to: tn) New
York Town Law Section 280-A
for approval of access, and (b)
the Zoning Ordinance, Art. III,
Sec. 100-31 for approval of
,nsufficient road frontage of
two proposed parcels located
on the north side of Pine Neck
Road, Soutbeld; bounded
north by Jockey Creek and
Lademann, east ~y Width,
south by Kowalski,Pine Neck
Road and Kohl, west by Lade-
mann and Kowalski; County
Tax Map Item No. 1000-70-5-31.
8:20 p.m~ Application of
Mary H. Lockwood, 465 Old
Harbor Road, New Suffolk,
NY for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for approval of
insufficient area, deoth and/
or rearyardof parcel located at
Old Harbor Road, New Suf-
folk: bounded north by Ben-
bow and Given, east by Cut-
chogue Harbor, South by Whe-
lan and Mason, wes( by Old
Harbor Road; County Tax
Map Item No. 1000-117-3-5 and
6.
8:30 p.m. Application of
Peconic Corporation, c/o Nor-
ris Grain Co., P.O. Box 1058,
Ocala, FL 32670 (by Abigail A.
Wickham) for a Variance to
~he Zoning Ordinance, Art. III,
Sec. ~00.30 and 100-31 for per-
mission to convert existing
barn containing a one-family
dwelling by adding a second
dwelling tapartr~ent) on sec-
ond floor. Location of proper-
ty: South side of New Suffolk
Avenue, Mattituck; bounded
north by New Suffolk Avenue,
east by Wickham and Bag-
shaw, south by Bay, west by
Smith, Haberman and Camp
Mineola Road; County Tax
Map Item No. 1000.115-9-4.
8:45 p.m. Application of
George L. Penny, Inc., 12585
Sound Avenue, Mattituck, NY
for a Special Exception to the
Zoning Ordinance Art. VIII,
Sec. 100-80B(3) for permission
to construct storage building
in a C-Zone at 12585 Sound
Avenue, Mattitnck; bounded
north by Penny, east by North
Fork Oil Heat, south by Sound
Ave. and L.I.R.R, west by
Parrish; County Tax Map
Item No. 104)0-141-3-37 and 38.
8:50 p.m. Applioation of
George L. Penny, Inc., 12585
Sound Avenue, Mattituck, NY
for a Variance to the Zoning
Ordinance, Art. VIII, Sec. 100-
81 for permission to construct
storage building in a C-Zone
with insufficient rear and side
yard areas at 12585 Sound
Avenue, Mattituck; bounded
north by Penny, east by North
Fork Oil Heat, south by Sound
Ave. and L.IRR., west by
Parrish; ,~ounty Tax Map
Item No. 1000.141-3-37 & 38.
8:55 p.m. Application of
David I. DeFriest, Main Road,
Soulhold, NY (by Irving L.
Price, Jr., Esq.) for a Special
Exception to the Zoning Ordi-
nance, Art. III, Sec. 100-30B(1)
for permission to change use
of existing dwelling from one-
family to two4amily dwelling
use at 51320 Main Road, South-
old; bounded north and east
by DeFriost, south by Jankow-
ski, west by Main Road; Coun-
ty Tax Map Item No. 1000-70-2-
4.
9:05 p.m. Application of
Victor E. Catalano, 22 Canter-
bury Drive, Hauppauge, NY
11787 for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
build a one-story garage with
Bay Boulevard~ Laurel
bounded north by Connelly,
,~a~ Dy ~,we~nev. rinse, and
~Arivate right-of-way, south by
onnston, Mormlle~ west b,va
lexander. County Tax Man
~ltem Nos. 1000-128-4-ll and
~Jmeo: March 12, 1981.
BY ORDER OF
THE SOUTROLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
1TM19-3647
Peconic Bay Boulevard, Lau-
rel; bounded north by Catala-
no and Peconic Bay Blvd.,
east by Keller, south by Bay,
west by Pridgen; County Tax
Map Bern No. 1000-128-6-13.2.
9:15 p.m. Application of
Rose Dansker, 300 Easl 56th
Street, Apt. M. New York, NY
10022 (by Gary Flanner Olsen,
Esq.) for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-3l for approval of
insufficient area and width of
Iwo proposed parcels located
at Wells Road, Peoanic, NY;
bounded north by Wells Road,
west by Groben, south by
Richmond Creek, east by
Krueger. County Tax Map
Item No. 1000.86-2-10 & 11.
9:30 p.m. Application of
Kenneth Brower, by William
S. Midgley, Jr. as agent, 2OO
Skunk Lane, Cutchogue, NY
for a Variance to the Zoning
Ordinance, Art. III, Sec. 10~-31
for permission to construct
garage with an insufficient
sideyard setback at 495 Fish-
erman's Beach Road, Cut-
chogue; bounded north by
Fisherman Beach Road, west
by Baxter, south by Bay, east
by McKeon. County Tax Map
Item No. 1000-111-1-35.
__9:45 O.m. Application of
, Margaret McGowan, 17 ^oer-
deen Street Malverne, NY
(by Gary p'. olsen, ~sq.) tora
area and w~dth of two parcels
due to the relocation of lot
lines. Location of property:
R-O-W south of Great Pecon c -
r~
insufficient front and side yard
setbacks at the south side of ................
~reenport, in said
exed is a printed
k Weekly Times
......... weeks
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,
the following matters will be held for public hearings by the
Southold Town Board of Appeals at the Southold Town Hall, Main
Road, Southold, NY on Thursday, April 2, 1981:
7:35 p.m. Application of James V. Righter (for Fishers
Island Development Corp.), 58 Winter Street, Boston, MA 02108
for a Special Exception to the Zoning Ordinance, Art. III, Sec.
100-30B(8) for permission to create additional employee housing
on second floor of Beach Club to match the existing housing on
the west end of club, (also known as labor camp), to be located
on the south road to the East End of Fishers Island, more parti-
cularly designated as County Tax Map Item Nos. 1000-5-2-7.3,
1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9.
7:50 p.m. Application of David L. Mudd, North Road,
Southold, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. lO0-30A(2)[d] to construct farm tool shed with insufficient
rear and side yard setbacks at property located on the North
Side of C.R. 48, Southold; bounded north
Aliano, Latham and Morris, south by C.R.
County Tax Map Item No. 1000-59-9-28.
by Lieblein, east by
48, west by Doroski;
8:00 p.m. Application of Dolores Strong, Box 1033, Matti-
tuck, NY for a Variance to the Zoning Ordinance, Art. VI, Sec.
100-61, 100-60C, Art. II, Sec. 100,23 for permission to construct
fence in the side,"rear and/or front yard areas at 11455 Main Road,
Mattituck; bounded north by Van Ryswyk and O'Neil, east by Mileska,
south by S.R. 25 (Main Roadl,west by Burgon; County Tax Map Item
No. 1000-142-2-17.
ov¢~-~
Legal Notice of Hearings
'Page 2
Board of Appeals - April
2, 1981 Meeting Adv.
8:10 p.m. Application of Hope Prior Smith, 655 Pine Neck
Road, Southold, NY (by R.W. Gillispie, III as agent) for a
Variance to: (a) New York Town Law Section 280-A for approval
of access, and (b) the Zoning Ordinance, Art. III, Sec. 100-31
for approval of insufficient road frontage of two proposed par-
cels located on the north side of Pine Neck Road, Southold;
bounded north by Jockey Creek and Lademann, east by Width, south
by Kowalski, Pine Neck Road and Kohl, west by Lademann and
Kowalski; County Tax Map Item No. 1000-70-5-31.
8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor
Road, New Suffolk, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area, depth
and/or rearyard of parcel located at Old Harbor Road, New Suffolk;
bounded north by Benbow and Given, east
by Whelan and Mason, west by Old Harbor
No. 1000-117-3-5 and 6.
by Cutchogue Harbor, south
Road; County Tax Map Item
8:30 p.m. Application of Peconic Corporation, c/o Norris
Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham,
Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec.
100-30 and lO0-31 for permission to convert existing barn containing
a one-family dwelling by adding a second dwelling (apartment) on
second floor. Location of property: South side of New Suffolk
Avenue, Mattituck; bounded north by New Suffolk Avenue, east by.
Wickham and Bagshaw, south by Bay, west by Smith, Haberman and
Camp Mineola Road; County Tax Map Item No. 1000-115-9~4.
8:45 p.m. Application of George L. Penny, Inc., 12585 Sound
Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance
'Legal Notice of Hearings
Page 3
Board of Appeals - April
2, 1981 Meeting Adv.
Art. VIII, Sec. 100-80B(3) for permission to construct storage
building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded
north by Penny, east by North Fork Oil Heat, south by Sound
Ave. and L.I.R.R., west by Parrish; County Tax Map Item No.
1000-141-3-37 and 38.
8:50 p.m. Application of George L. Penny, Inc., 12585
Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordi-
nance, Art. VIII, Sec. 100-81 for permission to construct
storage building in a C-Zone with insufficient rear and side
yard areas at 12585 Sound Avenue, Mattituck; bounded north by
Penny, east by North Fork Oil Heat, south by Sound Ave. and
L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 & 38.
8:55 p.m.
Southold, NY (by
Exception to the
Application of David I. DeFriest, Main Road,
Irving L. Price, Jr., Esq.) for a Special
Zoning Ordinance, Art. III, Sec. lO0-30B(1)
for permission to change use of existing dwelling
to two-family dwelling use at 51320 Main Road, Southold;
north and east by DeFriest, south by Jankowski, west by
County Tax Map Item No. 1000-70-2-4.
from one-family
bounded
Main Road;
9:05 p.m. Application of Victor E. Catalano, 22 Canter-
bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 for permission to build a
one-story garage with insufficient front and side yard setbacks
at the south side ~f Peconic Bay Boulevard, Laurel; bounded north
by Catalano and Peconic Bay Blvd., east by Keller, south by Bay,
west by Pridgen; County Tax Map Item No. 1000-128-6-13.2.
9:15 p.m. Application of Rose Dansker, 300 East 56th
Street, Apt. M. New York, NY 10022 (by Gary Flanner Olsen, Esq.)
£egal Notice of Hearings
Page 4
Board of Appeals - Apr. 2,
1981 Regular Meeting
for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31
for approval of insufficient area and width of two proposed
parcels located at Wells Road, Peconic, NY; bounded north by
Wells Road, west by Groben, south by Richmond Creek, east by
Krueger. County Tax Map Item No. 1000-86-2-10 & ll.
9:30 p.m. Application of Kenneth Brower, by William
S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for
a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for
permission to construct garage with an insufficient sideyard
setback at 495 Fisherman's Beach Road, Cutchogue; bounded
north by Fisherman Beach Road, west by Baxter, south by Bay,
east by McKeon. County Tax Map Item No. 1000-111-1-35.
9:45 p.m. Application of Margaret McGowan, 17 Aberdeen
Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to
the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the
insufficient area and 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 Sweeney,
Ross, and private right-of-way, south by Johnston, Mormile, west
by Alexander. County Tax Map Item Nos. 1000-128-4-11 and 14.
Dated: March 12, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, March 19, 1981 and forward
13 affidavits of publication to: Board of Appeals, Town Hall,
Main Road, Southold, NY 11971.
Copies to:
Suffolk Times Monday, 3/16/81 p.m.
L.I. Traveler Tues., 3/17/81 a.m.
Bulletin Board 3/17/81
3/17/81 to:
Mr. James V. Righter
Mr. David L. Mudd
Mrs. Dolores Strong
R.W. Gillispie, III
Mrs. Hope Prior Smith
Mrs. Hary H. Lockwood
Peconic Corporation c/o Norris Grain Co.
George L. Penny, Inc., Box 57, Greenport
Mr. David I. DeFriest
Irving L. Price, Jr., Esq.
Mr. Victor E. Catalano
Mrs. Rose Dansker
Gary Flanner Olsen, Esq.
Mr. William S. Midgley, Jr. for K. Brower
Mrs. Margaret McGowan
Supervisor
Town Board members
Planning Board
Southold Town Board of Appeals
MAIN ROAD- ~TATE: ROAD 25 SFIUTHOLD, I-,I., N.Y. 11973
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
T." ~, 7, Y T~TH'.LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
ou~nY--e-" H. Sawicki N. Y ~'S.
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2800. ' ' Application of: Margaret McGowan.
Location of Property in Question: R-O-W off Great Peconic Bay Boule-
vard, Laurel.
County Tax Map Item No. 1000- 128-4-11 and 14,
Project Proposed by Appeal Application: Area and width of two proposed
parcels.
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 [X] is not located within 300
feet of tidal wetlands; [ ] may be located within 300 feet of
tidal wetlands but separating the property from the wetland area
is a road or other type of barrier labeling this matter outside
the jurisdiction of the N.Y.S. Department of Environmental Con-
servation and therefore correspondence was not solicited.
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 applica-
tion.
Dated: March 12, 1981. By Order of the Southold Town
Copies to: Applicant/Agent Board of Appeals
Town Clerk Bulletin Board
Appeal File
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OY VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. 1., N. Y. 11971
March 11, 1981
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2800 application of Margaret
McGowan and the Estate of Joseph P. McGowan for a variance. Also included
are notification to adjoining property owners, notice o£ disapproval from
the Building Inspector, short environmental assessment form, and wetland
questionnaire.
Judith T. Terry Town Clerk
JTT/bn
Enclosures
FOBM NO. ~
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................. Date ~..z_/~ ~7r 19....~,.
P'E^SE T^KE NOT,CE that your app,,cot,:dated .......................... .~....~....::
for ~g~-n'r~i'~to consiru~i-....../d ............. ~ ............ '.....at the premises located at ....................................
~/X~...~....~.~.~....~>.....~..u. ........ Street
/~I~- ,,da t,~-~ ....... /...~k. ~.. Block ................... ..~.. .................... Lot.../../........~'~.....(...~.. ..................... is
refurned herewith and disapproved on the followlng grounds ..... ~..~.~....t~......../~.....~.....,~... .......
~-.......~...~........~..~...~...~.....~.....~..~:..~.~.c.~. ......... ~.~....:./~ ....... ~..~ ....
~.~....~....~~......~....:~/?.t.....: :....~:~..:.....~.....~.~..
.............. :.:.:.....: ......
Building Inspector
(b) I,f order to ansvter the questions in t ho;t EAF it is assumed
that the preparer x.till use. currently available information concerning the
projec~ and the likely impacts of the action. It is not expected that
additiona! studies, research or other iavestlgat£ons ¥;ill be undertaken.
(b) If any question has been ons~ered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) ~f all questions have been ons~vered No it is likely tha~ this
projec¢ is not significant. .. ...
(d) EnvironmenJol Assessment ..
~. Will project result in o large physical change
to the pro~ect' site Or physically al~er mare
than lO acres of~ ~and? ........................ Yes
2. ¥1ill t~ere'be a ma~or change to any unique or
-unusual land ~orm ~ound on the sit~? .......... Yes ~
3. ¥till pro~ect alter or hove a large' efFect'on
exis[ing body of ~oter? ........................ ¥~ ~ ND
4. Will project hove a potentially large impact ,
groundwater quality? Yes
5. ¥1ill project significantly effect dro~nage
fla, on adjacent sites? ' Yes X
6. %~ill project affect any threatened or
endangered plant or animal species? ........... Yes ~ No
7. Will project result in o'major adverse effect
on air quality? - Yes X No
8. Will project have o major effect on visual
character of the community or scenic views or
¥istas ~nown to:he imporlont to the community?. 'Yes
~. Will project adversely impact any site or ..
s~ructure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by a local agency? .......... .~ .... ! .... ...... Yes X N
10. %~ill project have a major effect on exlstihg
or future recreational opportunities? ......... Yes X No
"11. Will project result in.major traffic problems
o~ cause a major effect to ex. isting
transportation systems? ....................... Yes X No
12. Will project .regularly cause objectionable
odors, noise,' glare, vibration, or electrical .
disturbance es a result of ~he project's
operation? '' Yes X No
13. %~ill'pr'oject have any impact on public health
or.safety? ...................................... Yes X No
14. ¥~ill p~oject affect the existing community by'
directly causing a growth in permanent
population or more than 5 percegt over a one
year period or have a major negative effect
on the chara~-~er_of ~he community or
neighborhood? . ./..~ ....... ~ .................... .' Yes. X No
Gary~!~'lahne~ Olsen -- ~ ' .
~EP~[$ENII~ Mn~aaeet Mc~,owan and Est~ of 7oseph P. ~AIE. March 11~ 1~81
McGowan
March 11, 1981
(Today' s Date)
To:
Re:
Southold Town Board of Appeals
MainRoad
Southold, NY 11971
Appeal Application of Margaret McGowan and Estate of Joseph P. McGowan
Location of Property: lqight of Way South of Pecohle Ray Boulevard,
Latm el. 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.
~-" [X ] Is not located within 300 feet of tidal wetlands
<~' to the best of my knowledge.*
[Starred items (*) indicate yo~Br property does
· not appear to fall within the jurisdicyion ?~ t/~ N.Y.S.D.E.C.]
~,
· ~r~. ~.~ >~:.~;~,,,~.:~-~.~+..~,~,.=._.....~,.~,~,.,....,.: ........ ~r-y ~nner Olsen, ~sq. - '
TOWN OF $OUTHOLD, NLrW' YORK~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE..M.~..gh ..~ ]~...~..~..81
TO THE ZONING BOARD OF APPEALS, TOWN OF sOUTHOLD, N. Y.
Margaret McGOWan and the Estate '
of ose h P ,.~[cgowan of 17 Aberdeen Street~
1, (We) .... .~. ...... ~o. ....... , ................................................................................................................
zv Name of Appellant Street and Number
............. i .............. ..M.~.].Y..e.~P...e.,...i ...................... ]..~i...., ......... '..~...e..~.....Y..9.~.]f.. ....... HEREBY APPEAL TO
Municipality ~tate
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Nome of Applicant for permit Joseph Po McGowan
of New York
1 7 Aberdeen Street, Malverne~ ....
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(x) VAR]~KNCE,
1. 'LOCATION OF THE PROPERTY Righ.t..Qf..~e,y..Sg.~th.9;l[~..e~.~f~p.i.e. -]~,.a.y..~.t.Y..d.,.,.ii~..~...z~...t~ NY
Street Use District on Zonin~l~'Map
Agriculturat/R esidenthal
~.a..~. ~I.a.p.. ~.0.._ .1..0.~ .~.=J. ~.$.=.4 z..1.1.. ~d...1.~.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.)
Article III Section 100-31 and Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( i A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal Kq~ i'has n°t) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280,A Subsection 3
A Variance to the Zoning O~dinance
is requested for the reason that
porto zB! (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-s seek to change the property
line between the two parcels in order to give more room to the parcel clod by the
Estate of J. Harry McGowano The redefined subdivision 1/nes would be as shown on
the survey of Roderick ~an Tuyl revised December 22, 1980, which is made a p~rt
of this Application.
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 on"ed by the
w'.state of J. Harry McGbwan encroaches on a parcel owned by Margaret P.
McGowAn, and the parties are willing to redefine the lot lines wo that there will
be no encroamhments.
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 Estate
of J. Harry McGowan. The character of the neighborhood accordingly would
not change and the parties simply seek to redefine the subdivision line between the
two parcels to give more of a rear ~d to the house on the parcel owned by the
Estate of J. Harry McGowan.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK)
ss
Margaret ~. ~5Gp/W{~/l and the Estate of
Jo,s. eph pj l~Go~a~, /
Sworn to this ............ 1.1.tl~, ......................... day of....March ....................................... 19111
CHER[E LYNN RUSSELL
NOTARY PUBLIC, State of New York
Suffolk County - 52-4703046 p,~
Commission ~xpires March 50, 19~,,~,
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
Margaret McGowan and :
the Estate of J. oze~uh P. McGowan :
to the Board of Appea]s of t~e'lown ot Southold - - ·
NOTICE
TO:
Joseph Connolly
Mary June Sweeney
Mr. and Mrs. Bruce Johnston
Henrietta Mormile
Mr. and Mrs. Thomas Kennelly
Mary Ross
Eugene Belz
Mr. and Mrs. Eric Alexander
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (~l~TJl(ra~-~XcJij]~l~~(the following relief: To ~,~trt~ ?-np,~y ~ ~h
insufficient area. width and _ward area. ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Connolly and Kennelly: East by Right of Way: Sweeney and
South by Johnston, Belz and Mormile; West by Alexander,
3. Th. at the property which is the subject-of such Petition is located in the following zoning district:
A gr~cultural/R esidential
4. That by such Petition, the undersigned will request the following relief: To divide property with
insufficient area, width 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, Southold, 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 bearing must be~ on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five/days pi~or to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Wat,G~man, ne~vspape,~s published in the
Town of Southold and designated for the publication of such notices that/you or yot~ rep~lsentative have the
right to appear and be heard at such hearing. Margare~t ~_ _c/Q~w~a/~n~he Estate of
Dated: March 11. 1981 · Joseph Pf/M~G/o~n~/y/. /
e~titioner ~YFlanner Olsen, Esq. ~-~
Post Office Address
P.O. Box 38, Main Road
Mattituck, New York 11952
NAME
Mr. and Mrs. Bruce Johnston
Joseph Connolly
"-iv Ir. and Mrs. Thomas Kennelly
Eugene Belz
Mr. and Mrs. Eric Alexander
Henrietta Mormile
Mary June Sweeney
Mary Ross
PROOF OF MAILING OF NOTICE
ADDRESS
Box 1167
Mattituck, New York 11952
786 Ct~ Avenue
Franklin Lakes, New ~ersey 07417
104 Chase Drive
'-lV~nhaSset,~ New. York 11030
9509 243rd Street
Bellerose, New York 11426
406 East Main Street
Riverhead, New York 11901
32 Brevoort Place
Rockville Centre, New York 11570
25 Summit Avenue
Bronxville, New York 10018
17 Wheeler Place~
Northport, New York 11768
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Cherie Lynn Russell , residing at (no number) l~ergen
Mattituck. New York , being duly sworn, deposes and says that on the 11 th day
of _~?~ch ,19 81 , deponent mailed a true copy of the Notice set forth on the re-
ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor r~pective
names; that the addresses set opposite the names of said persons are the addres~id persons as shown on
the current ~s~sment roll of the Town of Southold; that said Notic~ were ~ailed at,he United Stat~ Post
rice at Mattituc~ New York that said Notic~ we~ailed~o each of ~id persons by
(ce~ified) ~mail. ~ /
Russ~l
Cherie
L~n
dayof ~rc~// ,19~
- /~N~ry'PuUlic
GARY F~NNER OLSEN
~tc~ Public, ~te c,f New Y~rk
No. 52-295~00
~llfled in Suffolk County
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