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HomeMy WebLinkAbout4445 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION Al)OPTED AT REGIILAR MEETING OF SEPTEMBER 11, 1997 Appl. No. ,1145 - MARY TANGNEY - PARCEL 1000-103-5-2.1 1,OCALITY: 1703 Private Road off Litlle Neck Road, Cutchogue I)ATES OF ltEARING: January 16, 1997 and August 28, 1997. FINDINGS OF FACT PROPERTY FACq'S/I)ESCRlPTION: This property is located ill an R-80 Residential Zone District, being situate along a private right-of-way which extends off the the easterly side of Little Neck Road. The property as exists contains a total area of 143,020 sq. ft. (or 3.28 acres) as depicted on the map peel)awed by Gacvett A. Stpang, Aechitect, daled July 16, 1996. The most nopthevly portion of thc property is iml)poved with an exisling cae-story fmtme dwelling. BASIS OF APPEAl,: Building Inspector's Action of Disapproval dated Mapch 20, 1996 which peads as follows: un(lev Article 1II, Section 100-32 fop proposed inmffficitmt lot area in this proposed set-off or minor subdivision fop a lotal of lwo lois. AREA VARIANCE RELIEF REq4UESTED BY APPLICANT: Fop proposed insufficient lot am~a in this proposed set-off or minor subdivision for a total of two lots. Lot #1 as proposed is shown to be 40,191 sq. fl. (.923 acpes) and Lot #2 as proposed is shown to be 102,829 sq. ft. (2.36 specs). Lot #1 has fpontage of 205.79 feet along the privale pight-of-way and Lot #2 as ppoposed is shown to have access and frontage of 15 feet along lhe private right-of-way, extending 193.06 feet south. REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in elmraetev of neighborhood ov a detriment to nearby ppopepties because Lol ~1 is similap in size to the thpee other lots Iocalcd adjacent to the ppiw~tc right-of-way, including 103-5-16, 103-[ and 103-5-2.2. In addition, the reduced lm size granted to Lei ~1 is in cotmi(levalion of and condilioned upon lhe filing of a cowmant to peohibil fupthep subdivision of Lot ~2, which is bounded m~ the south by vacant R-80 zoned lands. Page 2 of 3 - Appl. #4445 Re: M. Tangney (1000-103-5-2.1) Soulhold Town Board of Appeals (2) The benefit sought by tile applicant cannot be achieved by some melhod, feasible fer applicanl to pursue, other than an area variance becaase the applicant desires to create two lots on property that contait}s a total of 3.28 acres rather than the 4 acres required for lwo lols in this It.-80 Residential Zone District. (3) The requested area variance is substanlial in relation to Lot #1, representing more than a 50% reduction in lot area required for this R-80 zoning district. However', Lo! #2 will exceed the required minimum lot size. In considering the total area of the parcel and proposed yield, the w~'iance is nol sabstantial and rel)reseuts a 22% reduction (4 acres to 3.28 acres) in total lot area. (4) The prol)osed variance will not have all adverse effecl or impact on the physical or environmental conditions ill the neighborhood or district because Lot #1 is improved and similar in size and character to others on the private right-of-way. Lot #2 will be protected by a covenant to prevent further subdivision to preserve Ihe integrity of the vacant R-80 Residential Zoned property to the south. (5) The situation has beeu self-created. (6) This action is the minimum lbat tile Board deetns necessary and adeqaale and al lhe same lime preserves and pro~ects lhe character of the neighborhood, and ~l~e health, safety, welfare of the eommalli~ y. RESOI,IVI'ION/ACTION: M(m}her l)inizio, il: was On motion by Member Tortora, seconded by RI';SOI,VED, to GRANT tile relief as applied, SUBJECT TO THE FOLI,OWING CONDITIONS: I. Subdivision approval of the Southold Town Planning Board. 2. Lot No. 2 shall be made subject to a covenant that will prohibit future subdivision. Grant of this area variance on Lot No. 1 is in consideration of and conditioned upon such covenant. 3. Such covenants shall be prepared in accordance with the Town Attorney and filed with the Suffolk County Clerk*s Office on or prior to the grant of subdivision approval. 4. These covenants shall not be modified in the future, except upon petition of the then owner of the premises and with the approval of Page 3 of 3 - Appl. #,t,t'15 Re: M. Tangney (1000-103-5-2.1) Southold Town Boacd of Appeals a majority plus one of the Beard of Appeals after a public hearing. VOTE OF TIlE BOARD: AYES: MEMBERS GOEltRINGER, DINIZIO, TORTORA, and OSTERMANN. ~is'-'q)~solutifi~n~ wa/a-~duly adopted (4-0). (Member Doyen of Fis wa · ~/u' .) *******************/~ , GERARD P. GOEHRqNGER,/CI1AIRMAN Actions.all/1034-2.1 RECEIVED AND FILED BY THE S(3UT?_ kD TOWN CLERK DATE ~-1~-~7 HOUR Town Clerk, Town of Sout::old APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James DinJzio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 1997 NOTICE IS HEREBY GIVEN, p~l,ant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Maln Road, Southold, New York 11971, on THURSDAY, JANUARY 16, 19977 as noted below: 6:50 p.m. Appl. No. 4443 - ROBERT COLLINS. This is a request for a Variance under Article III-A, Section 100-30A.4, based upon the July 25, 1996 Action of Disapproval by the Building Inspector, for the location of an "as built" accessory (shed) built'lng, a portion of which is located in the front yard (with the remnlnlng portion in a designated rear yard. ) This is a corner lot, and the applicant may designate one yard (other thru a front yard) to be a rear yard and the other a side yard. Property Location: 7925 North Bayview Road, Southold, NY; County Parcel #1000-79-4-65. 7:00 p.m. Appl. No. 4447 - MARTY and NOREEN FREY. TbiR is a request for a Special Exception under Article III, Section 100-30A.2B and 100-31B(14a-d) of the Zoning Code, for a new Accessory Bed and BreakFast Use, providing for the transient renting of one bedroom with bresk~ast in this application, in conjunction with the single-family residency of the owner-applicant at 3395 Skqmk T~ne, Cutchogue, NY; County Parcel #1000-97-9-11.1. Zone: R-40 Residential. Page 2 - Legal Notice of Hearings 'Regular Meeting of January 16, 1997 Southold Town Board of Appeals 7:05 p.m. Appl. No. 4445 - MARY TANGNEY. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Buildlng Inspector, as per Article III, Section 100-32 for the proposed insufficient lot area in the proposed set-off of lot situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel #1000-103-5-2.1. The parcel as exists contains 143,020 sq. ft. of land area. Proposed are two lots, one of 40,191 sq. ft. and the other 102,820+-sq. ft. in this R-80 Residential Zone District. 7:10 p.m. Appl. 4449 - SCOTT PATCHF. r.L, Contract Vendee. (Owner, SAMUEL KIRSCHMAN). This is an application based upon the applicant's request for a building permit, and the Action of Disapproval of the Btl_ilding Inspector dated November 20, 1996, for Variances: (a) under Article XXIII, Section 100-239.4B for permission to locate new dwelling, a portion of which will be located within 75 feet of the existing b~lkhead, and (b) under Article XXIV, Section 100-244 for insufficient side yard setbacks. Sideyards are required to be 10 ft. and 15 ft., for a total of 25 feet for both yards. Location of property: 1075 West Hill Road, Southold, NY; County Tax Map Parcel #100-70-4-24. 7:15 p.m. Appl. No. 4446SE - BELL-ATLANTIC-NYNEX~ as Tenant (MARK AND MARYBESS PHILLIPS, Owners). Location of property: A certain portion of farn~land identified as 24850 Main Road, Orient, NY; Zone District: R-80 Residential and Agricultural; County Parcel #1000-18-6-5 which contain~ a total acreage of 10.5+- acres. Tenant, is requesting: a) a Variance under Article III, Section pertaining to a proposed wireless cellular telephone Applicant, as future 100-31, Bu!~ Schedule, fa~illty tower over a Page 3 - Legal Notice of Hearings 'Regular Mee*ing of January 16, 1997 Southold Town Board of Appeals height of the required 35 ft. for a principal use, or over 18 ft. if the same is requested as an accessory use (nmin use at this property is known to be agriculture); and b) a Spe-i-! Exception under Article III, Section 100-31B(6) for permission to construct 12 ft. x 40 ft. ,,nm, nned mod,,1-r equipment shelter communications facility, and use of a single, wireless tower for public utility com~mmlcations (celiu]ar telephone tr, n.~mission). The Board of Appeals will at said t~me and p]ace hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the ~,-es designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: December !9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Ch~i'om~n By Linda Kowalski TOWN OF SOUTIIOLD BUILI)ING I)EPA RTI~IENT TOWN CLERK'S OFFICE 8OUTIIOLD, N.Y. NO'I'ICE OF I)ISAI'I'ROVAL PLEASF TAKE NOTICE Iha{ -. _ · /5 .................... ' ....... ou'eet / ' ~ t'l~mlel co,,dy 'r~ ~p No. mOO S,db,, .../~.~ ..... mo~k ....~ ...... 'L~t .. ~,/ ...... Subdivision ................. Filed Map No. ................ Lot No .................. ~ ~ · :" ~ U: ..... y .... ~" ...... . ~:... ..... ,,:~.. ~.,.~~..~..~ ...... ~...~.. ..~z~ .... ~~.~.:.,~.. ~. ~~:~ ......... .......... ~-~....~,~ .~. ~~,~ '~~ · ~ ~~ ~- ..... ~.. ,:~.~...~.. . ..~ ...... ~~ .... ~...,~~..~_ ....~~~(~ ... n~ 1/8o TOWN OF SOUTIIOLI} BUILDING I)EI'A P, TM ENT TOWN CLERK'S OFFICE $0 UT1 lO LI), lq'.Y. NOT1CI£ OF I)ISAI'I'I(OVAL l~., /¢6 ......... PLEASETAK~NOTICEIhnt youra~,licn o ~nled ~ , 19 ~ co.,.v 'r~ [~, ~o..>o0 s~u.. .... ~ ,~... mo~k ..... ~ ....'Lot .... ~./ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned he~ewUh and disapproved on the [oHowing g~om~ds . . . . . . ~ " _ ~ ~.... '" .. ~y~..~~ ....................... ..... nY :t/Ira FOIIH IIO. I TO%~I ()l: ,~Oll'l'llOl,I) I~ll I I.I) 111(~ I)l~*l~^II'l HITITr TOI~['I II^l.l. ,'iOtlTIl()l,I), Fi .¥. 1197 I Ii,~l~H) OF Ili~.^l,'Hi ............... 3~'l',S m, vL^.s ............... 8TIItVF. Y ........................ CIIIT,(',~ ......................... !;1~ 1~'1' I (~ FOP. ti ................... NOT I FY: ...... HA I I, TO: .................... I N.~'I'ItlICT 10tl!; I)4Jt:e .......... , 19?.~, - :~ netn of plnn., ne*~3rate pIo~ l~h,. to .cole. Fee re:co,ding lo n~h~l~de. 1~1.0'1' I) I/~(~li^tl · ,I)~H.l[ (l~ll~ i~illi, (h~.lx)z;~ll I..l lilly*t Ihld. Ill] iii ihe ill)id CLAIRE L, GL.EW Notary Public, State of New York No. 4879505 ..~ Qualified in Suffolk County Commission Expires December 8, 19 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 3 SETS OF PLiXNS .......... ' SURVEY ................... CIIECK .................... SEPTIC FORtl .............. CALL ................... HAil. TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................. , 19... INSTRUCFIONS a. This application n]ust be con]pletely filled iu by typewriter or in ink and submitted to tile Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Pict plan showiug location of lot aud of buildings ou premises, relationship to adjoiuing premises or public streets or areas, aud giving a detailed description of layout of property must be drawn ou the diagram which is part of this appli- cation. c. The work covered by this applicatiou may uot be commenced before issuance of Building Permit. d. Upon approval of this application, tile Building luspector will issued a Building Permit to the appticant. Such permit shall be kept on the premises available for inspection throughont file work. e. No building shall be occupied or used iu whole or iu part for any pnrpose whatever until a Certificate of Occupancy shall have been grauted by tile Building luspector. APPLICATION IS HEREBY MADE to tile Building Department for llle issuance of a Building Permit pursuant to the Building Zoue Ordiuance of the Town of Southold, Suffolk Colmty, New York, aud other applicable Laws, Ordinauces or Regulations, for tile coustruction of buildings, additions or alteratious, or for removal or demolitiou, as herein described. The applicaut agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized iuspectors on premises and in buildiug for necessary inspections. (Signalure of alSl01icant, or name,'If a f,a:ZOoration) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general coutractor, electrician, plumber or builder. (as on the tax rbll or latest deed) If applicant is a corporatiou, signatnre of duly authorized officer. (Name and title of corporate officer) Builder's License No .......... .77. .............. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Localion of land on which proposed work will be done ...... l 7~7. 5 ...................................... .... I;V 7r7. . x<. ........ ...................................... llouse Number Street Hamlet County Tax Map No. I000 Section ... ~ .~.3 .......... Block ...~. ~.. ............ Lot. ""~'"t ............. Subdivisim~ ..................................... Filed Map No ............... Lot ............... (Nan]e) Slate existing use and occupancy of premises and intended use and occupaqlly of proposed construcJion: a. Existing use aud occupancy . . 7~. . . ~.~, · · b. lntended use and occupnucy ...~--~4,~..~~ .............. 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration Repair .............. Removal .............. Demolition .............. Other Work ' ~_ (Description) Estimated Cost . . r ................................... Fee ' i (to be paid on filing this application) If dwelling, nmnber of dwelling units ............... Nmnber of dwelling units on each floor ................ · If garage, number of cars .................................................................... If business, commerc a or mixed occupancy, specify nature and extent of each type of use ..................... Dimensions of existing structures, if any: Front ............... ~ Rear........../ .... Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... lleight ...................... Nnmber of Stories ...................... 8. Dimensions of entire new constrnction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories 9. Size of lot: Front.. '6."-"" .............. Rear .................. D~pth ...................... 10. Date of Purchase .'1 J.-~ ..................... Name of Former Owner ,~k,'.~.~.i"Jkl: ................... 11. Zone or use district ill which premises are sitnated 1 2. Does proposed construction violate any zoning law, ordiuance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ Is this property within 300 feet of a tidal wetland? ~Yes ........ No ......... ~If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. 15. STATE OF NEW Y(~,I~__., t., S S COUNT_Y OF ................. ..... .~ .b ~L.~.~.~...~.l/'~' '~' '~' .]~..1~. ........... being duly sworn, deposes (Name of individual signing contr, fict) above named. and says that lie is the applicant lie is the .................................... ~ ............................................ (Contract~rporate officer, etc.) ~f said owner or owners, and is duly authoriZed to perform or have perfomled the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~) / /_ ROBERT I, SCOTT. J~, ~ k ~ TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y ,. (We, ........ o' ..... .................... '"'~' '~'~';J~;i~ .................................... ~"~'~;~; .......... HEREBY APPEL TO THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BU~LDIN~ )NSPE~OR ON APPLICATION ................ ~ .............. . ~..~ .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ~ome ~f ~plic~t for permit .' , Street and Number ~u'~'i'~?~ali~ .......... ~""~-'"C ............. ( ) PER~ITTO USE ( ) PERMIT FOR OCCUPANCY ,. ~o~,o. o~ ~.~ ~o~ ....~) ...... ~....~A~.:~:;.~ ~... ~ Street /Ham,el: / District 1000 SectionL~Bloc~' ................................... ~---.-~ ....... ~JJ..Current ~ner~ Mop No. 'Lot No. Prior Owner' 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 ~[~. Section I ~ ~' =~ ~_ 3. IrYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. LOWs Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal (ha<(has not~been made with respect to this decision of the Building Inspector or wilh respect to this pro-6'~. Such appeal was ( ) request for a special permit ~ .I request for o variance and was made in Appeo! No ................................. Dated ............................., ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I.x STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ;j_~~__.~_ COUNTY OF ) Signor Sworn to this .............................................. ' ...................................................... 19 ~ JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expires June 12, 19-~"~ TOWN OF SOUTHOLD PROPERTY JJ,E,C..ORD CARD /~/~- t/ OWNER STREET /-?0'~ v,,~GE O,ST. SUB. LO* FORMER' OWNER -- / N E S W TYPE OF BUILDING ~ES. ?~ S~S. VL. FA~ CO~. C~. ~ICS. ~kL Value ~ND I~P. TOTAL DATE RE~ARKS ,.. ]/ z~ ~ . /I ~ ~ ~ /I a~ ~*//~/Z: "rl~ ]Z :~,~>,~f~ ~:Z~ ' -'" ' ~ ~:~'?' '~ - ' 'illoble ~' - frO) J .~=, ~ ~ .~ o 0 ~ ~ FRONTAGE ON WATER ~eodowlond D[PlH ~ouse Plot /d~ O ,/(t C~ c ~_ / ~ ~ N BULKHEAD oral Exter~sion4/~ Extensio~ 6' Extensio~n~ Porch Porch Breezeway Garage Patio O.B. 7x/7~- //?..) Total .5o 127 /~ COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof I?C'. Both Floors Interior Finish .~, .~ Heat //~u ,~, Rooms 1st Floor Rooms 2nd Floor Recreation Room Dinette LR. DR. BR. FIN. B Dormer Driveway now 320.79' ¥ SSB° 49'50"E 185.79' TEST HOLE or formerly iert d, Krupski Jr NI now or h or 50' RIGHT OF WAY S89°54'IO'E :320.79' LOT O 40031 s.f. APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, .Ir. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Ro~ P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 1, 1990 Mr. Raymond Nine P.O. Box 1401 Mattituck, NY 11952 Re: Appl. No. 2351 - Charles and Mary Tangney 280-A Update Dear Mr. Nine: This letter will confirm that upon inspecting the improvements yesterday as constructed by you within the subject right-of-way, the improvements are satisfactory and acceptable. The right-of-way must be updated as the need arises, of course. lk cc: Building Department Attn: Vic Lessard Very truly yours, TOWN BOARD OFAPPEAI~ a~ the SomhoM Toys HMI, 5~095 Idadn ~ !he Bui.~ilil~ Inspector in whfch appli- cun! ~ for a building permit regatdi,,m[ll?~ment of two Iccassop/ buildings as located in the side yunJ AvL~entiOn of Property: 3000 Reeve venue, Matlltunk, NY; County Tax Map Parcel No. 1000-100-1.6. 7:00 p.m. Appexl No. 4445 ~ Mary Tangney, This is a t~quast for a ~dance ~ upon the March 20, 1996 Action of Dmpproval by the BUilding Inspec~o~ as perArfide HI, Sec~on 100-32 for the propese~ insuffle/ent lot area in this pro- posed ~et-off or minor subdivision f~ two lots, situated along a private right- of-way extending from Little Neck Road. Cutchogue; County Parcel ID No. 1000-I03-$-2.1 coasting of 143,020 ~. fl. PwPesed is Ihs mh~ction OF isnd 7'10' ' ~ "/[ ~ Naggy. This is a request for a .Waiver under Article H, Section 100-26 based upon the July 7~ 1997 Notice of D~pproval of the Building Inspector s~ating ~ reasons: (1) under Article I1, Section 100-24A.(1) land area Identified as 1000-27-4-2 nnd 1000-27-4-3 were created by deed in 1965 and do not meet the minimum Io~ requi~menls (12,500 st) nnd (2) under Afl~ I~'secUon 100- 2~ tolal land d~e.a meager exlm for 1000-27~-X~ 2 & ;3 heving been held in contmon ownembip after ,inly 1, t,~ation of tt~operty; Hn~oor R~d Od. eat, ~ ^pp cant propo~ 28,445 sq, ft. of Innd sren and 132,$7 ~o4 width u io 1000-27-4-3 & 2, and with a tereaining , bouan Iol of 20,000_+ Bf. and Iol width of 100 feel as to 1000-27-4-1, Zoun DIslflc~: R*40. (Schedule AA as revised luly 22, 1997 shows a size requiremem fo~ lois ¢~'eMed hetweun April 1~7 thru November 1971 al 12,500 sq. fL nnd 100 R. Iol width.) Lane Development Corp. This Is a 'tequesl fo~ a ~ under ~mtcle ~ fo~ permission m comln~ deck addition to condo unit gg~O at 135 R60 Caleb'a Way, O~npofl, New York; County Parcel No. 1000-40.1.1-60 clue to ~ reduction in the front yard · antbunk al las~ than 35 feet.-Zone : Dl~Hc~: AHD; Tim Board of Appeals will at said flm~ nd plnc~ Im~ nny.exd MI penuns m eq~annta~ves d~dring to be henrd in ~Y~k 11~1[~ ~ ~.~ ~ ~. ~ ~ (~ n ~ ~r m - .. ~ ~ file b a~k f~ ~ ~ ' ~g ~M ~m ~ p.m.~ 6:45 p.m. Appl. No. 4498 ~ W~n~ll~ A~I~ ~ ~.~' ~ ~t ~ is ~. If y~ an ~11~ ~ ~ t~ J~ 24,. ~e q~ p~ ~ ~ ~e to 1~ Nmb'of D~ ~ ~ ~7~1~. ~ng I~ ~ ~. ~ ~: Ju~ 31, 1~. m~ a ~ll~ ~it m ~ BY 0~ OF~ ~0~ ~ ~ ~ ~ ~ ~ ~lT~7 9/15/94. Also under Article XXIV, from the rear lot llne.' Locatloa of Pr0pefly: 2775 MarralOOka. Ro~d, Matfituck, NY, Coun~ Parcel No. I000- 123-2-26. F. xledng ~ land area sim of 6775~ sq. ft. .... ~ 6:50 p.m,' Appenl NO. 4499 -- Richard & PmmJa Frufldng. This is a teque~ for a'~tu4nhce under Article XXIV, Sec~o~ 100-244B be~d upon the July 1, 19~7 No,icc'of Disa~q~o~al i~ued by the Building Inspectm in which appllc~n~ applied for n bulld[ng dwelling ~ v~H he~'~* ~i~t~nt le~ than the existing, asmblished 32 fi. nonconforming ~k: The ButMin8 Inspects hes hiss c~nfirmed thel the se~. back is I~ llm ~ 35 ft. mbac~ (roi: asr. aq. n. h size), t.oca~n of l~0pe,y: 680 Deep Ho]e Ddve, Mattiluck, NY; Camry Parcel #1(~0-115-12-9. 6:55 p.m. Appexl No. 4500 -- a X,~risnce undcr Article mA, Section 100-30A.4, bxsed upon the June 23, AUG I ' ' STATE OF NEW YORK} ) SS: Bald ~County, being duly sworn, sad that he/she is Principal Clerk of THE SUFFOLK TIMF_~. a Weekly Newspaper. published at Mattituek. in the Town of Southold. County of Suffolk and State of New York, and that the Notlee of which the annexed is a printed espy. has been regular- ly published in said Newspaper ones each week for J weeks f)~ee~es.o..lyely, ~,omrnenelng on the ~ day of~-~ 19~ Prlncilml Clerk 8worn to before me this'/!//~'-~ dnyof ~-~,~, 10 ~7 MARY DIANA ~S~R NOTARY ~BLIC, STALE OF N~ YORK NO. 52~655242, SUFFOLK COUN~ ~MMISSION ~PIRES AUGUST 31, 19~ APPEALS BOARD MEM! Gerard P. Goehringer, Chairman Serge Doyen James Dirfizio, Jr. Lydia A. Tortom Maureen C. Osterlllallll BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 31, 1997 / Mr. and Mrs. Charles Tangney 1703 Little Neck Rood Cutchogue, NY 11935 Re: Appl. #4445 - Variance (Two Lots Proposed) Dear Mr. and Mrs. Tangney: For your records, please find enclosed a copy of the Legal Notice which will be published in .the upcoming issue of the Suffolk Times. / As soon as may be possible, please send a copy of the legal notice or similar description which confirms the hearing date, time and place and outline of your application by certified mail-return receipt )requested, to all surrounding property owners, including property owners across streets or vehicular rights-of-way. (If you ueed a list of the owners' names and addresses, please stop by the Assessor's Office ~for the updated list since there may be a new owner, or two. ) Also enclosed is a sign to be posted at the subject property within ten (10) feet from the front property line facing the right-of-way for a period of seven (7) days, or longer at your choice. Please return the following Affidavits of Mailing and Posting: to us, together with the completed postmarked receipts from the post office showing the date you mailed the notices by certified mail; green signature cards once they have been received (you may return these later if you do not receive them ali by the hearing date). If you have questions, please feel free to call. Very truly yours, lnag. 97/lnltr8.28p2 t.inda Kowalski DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK ROB£RT J. GAFTNEY SUFFOLK COUNTY EXECLFflVE DIRECTOR OF PLANNING October 3, 1997 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicantfs/ ~Tangney, Maxy Frerking, Richard & Pamela Grattan, Joyce Municipal File Number(s/ 4'!,45 4499 4505 Very truly yours, Stephen M. Jones Director of Planning GGN:cc S/s Chief Planner 220 RABRO DRIVE · P.O. BOX 6100 · HAUPPAUGE, LONG ISLAND, NY 11788-0099 · (516) 853-5190 · FAX (516) 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Mauree~ C. Ostea:,,,a~n BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Board of Appeals of tb~ Town of Southold, New Yo~k, hereby refers the follcwing to the Suffolk County Planning C~md. ssion: XX- Variance from the Zoning Code, Article III , Section 100-32 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4445 Applicant: Mary Tangney Location of.Affected Land: 1703 Pvt. Rd. off Little Neck County Tax Map Item No.: 1000- 103-5-2.1 Within 500 feet of: Comments: Rd., Cutchogue, NY ~ 'Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, StAte or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or ~ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.t~6~ for a proposed set-off with insufficient 10t area Copies Dated: of Town file and related documents enclosed October-2, 1997 for your review. September 16, 1997 Mr. and Mrs. Charles Tangney 1703 Little Neck Road Cutchogue, NY 11935 Re: Appl. #4445 - Variance for Undersized Lot Size/Proposed Division Dear Mr. and Mrs. Tangney: Enclosed please find a copy of the Appeals Board's Conditional Grant regarding your request for a variance for your 3.28-acre parcel. Please note the ZBA conditions which must be followed-up by the owner before this lot is accepted for approval by the Town Planning Board. Once the Declaration of Covenants has been prepared, please have your attorney send a copy to the Town Attorney and to our office for review. Plcase call either our office, or the Planning Board office (765-1938) if you have any questions regarding the final steps which are reqnired for your proposed division. We have furnished copies to the Planning Board office for their information and use. Very truly yours, Linda Kowalski Enclosure Copies of Decision also given to: Building Department Office Planning Board Office (bc: L. Dowd, Town Attorney also Peter Danowski) BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of MARY TANGNEY CONFIRMATION OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) being duly sworn, depose ~d say: That on the ~ day of ~ , 1997 I perso~Hy posted the property ~own as' "ROW off~Little Neck R~d, Cutcho~e, NY by placing the To~'s offi~al poster Notice on the f~nt potion of the property fac~g the street, near the ~ght-of-way, where it ~n easily be s~n, and t~t I ~ve checked to be su~ the poster ~s rem~ed ~ place for at least seven days p~or to the date of the public hearing (date of hea~ng noted the~on to be held Janua~ 16, 1997. ) Dated :~~/~ 199~ Sw?~ to before me this /6 __day of)~ Notary Public , 19q~. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 26, 1996 Mr. and Mrs. Mary Tangney 1703 Little Neck Road Cutchogue, NY 11935 Re: Appl. No. 4445 - Variance for Lot Size Dear Mr. and Mrs. Tang-ney: Please find enclosed a copy of the Legal Notice placed for publication this week by our office. Also enclosed is the Poster for placement within 10 feet of the front property line for seven full days, not counting the day of the hearing. Once the poster has been placed by you, please complete the attached Confirmation of Posting and return it to our office either by marl or hand delivery for the file update. Please be sure to check that the Notice has not been removed by winds or other reasons for the full seven days. If the sign is torn or blown down, let us know and we will furnish you with another sign. Just as a reminder, we enclose a copy of the standards necessary for an "area variance" which is to be addressed during the hearing. Please call us ff you have any questions. Very truly yours, Enclosures [,inda Kowaiski NOTICE OF HEARIN. ... G LgSS' SO~[I~ ~~E~l~p~h~L; Pa~l~ hT~aj~n~a~ll~3~;5h~l~nb~~~; $,~ Southold, New York, concerning this prope~y. OWNE. R(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 of th 'of the · held ~for' OF ~ 6:50 P.m.i . xequest for e~ ~.~i~_..c,~.under~ b~e~ Upo~ Action-of Qi~PPm~af by,~me: BuildMg ~mr,'f~:~e I tion of ~.b~lt~-~ (shed) building, wMch is l~dM~c~nt~ , com~ 1o~ ~d ~e ~p~'~ desi~ o~ Y~ (o~ a ~ont y~d) to be a L~a~0n: 7925 No~' Ba~iew Ro~, Sou~old; ~ Coun~ P~cel ~ 1 ~79~5~ . 7:00 p.m. Appl. No: MARTY ~ND NOREEN FREY. This is alIcquest for a Special E~c4pfi6n iinde/Article · III, Section 100-30a.2Band 100- 31B (14a-d) of the Zoning Code, for a new Accessory Bed and Breakfast Use, providing for the transient renting of one bedroom with breakfast in this ~ppli?~o.n, in c0njunetiod'~itl/the Smgle~ family residency of th~ qwner- applicant at 3395 Skunk Lane, Cutehogue, NY; CountY parcel #1000-97-9-11.1 Zone: R-40 Residential. . -, - ' 7:05 p.m. Appl. No. 4445- MARY TANGNEY. This is a request .for a Variance'based upon the March 20, 1996 Action of Disapproval by the Building Inspector, as per Article III, Sec- tion 100-32 for the proposed in- sufficient lot ama in the proposed set-offoflot situated along a pri- vate right-of-way extending from Little neck Road, Cutchogue; County Parcel # 1000-103-5-2.1~ The parcel as exists cunt, in~ 143,020 sq. ~of land area. Proposed are twO lots, one of 40,~91 80 Residential Zofie District. O0 p.m. Appl. No. 4449 SCOTT PATCHELL, Con- tract Vendee. (Owner~ SAMUEL KIRSCHMAN). This is an applicati0n based upon the applicant's request for a building pexmit, and the Action ~. of Disapproval of ~e Buff .~d~ng · Inspector dated Novem~ 20~N 1996, for Varianges~.i(a~und&~ Article X. XIII, S'ecti~n~100~.~ '239.4B for permission to locate new dwell/nc, a pot tion of ~vhich_` ,~ will be located Within 75 f~et of- i~ ~e..ex~g~bu~head. ~nd Co) under Article XXIV, section. ~100~244"fo~'~mshff/cient;sido'- ~ata ~ks. Side~ ~ r~ quiredt0b~0 f~ ana!StL?or a total of 25 feet for both yar&~ ~ Location ofpmpeW/: 1075 West Hill-R~ad, S°uthol~, NY; as,~ Tenant,+(MARK~AND ~:_ MARYBESS~; PHILLIPS,= Aeer tain.:'~..rlid~ 8 .f~.f~..!h, d . a) a V~ce ~d~ m, s~o. l~.~b~S~ ule, pc~g to a proposed ~1~ ~H~ ~!~he'~il- i~ow~ 0~ a ~35 ~-fo~a~ ques~d~ ~-ac~s~o~ use' (main ~ at ~ prop~, is b) a S~ ~6on ~ ~cle ~,S~on 1~-31B(6) for ~iun m ~ 12 · X 40 ~ unm~ned modul~ ~uipment shelter co~ca- fiom f~fli~, ~d ~ ofa s~e, w~l~s ~w~ for pubfic ufili~ co~fiom (ce~ tele- phone mhsion). ~e Bo~ of A~w~ at all pe~o~ or ~enmfi~es d~g m ~ h~ ~ &e ~ve ~plic~om. WdR~co~en~ ~y ~o ~ sub~ prior ~ · e conelnsion of ~e subject COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for .................................................... /..' ................ successively, ,~mmencing on the ..... .~ ...... day ~ ............ .~..~ ................... 19 ~' Notary Public may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate tocal1765-1809: ~/.~ i'(/ Dated: December 19, 1996 BY oRDER OF THE soUTHOLD ToWN -: NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and tile Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 28~ 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 44~ - Application of Anne M. Shannon. This is a application based upon the June 24, 1997 Notice of Disapproval by the Building Inspector ill which applicant requested a building permit to construct a deck addition and accessory shed. Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20% by adding all additional 504 sq. ft. over that allowed by Appeal #4267 dated 9/15/94. Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 2775 Marratooka Road, Mattituck, NY. County Parcel No. 1000-123-2-26. Existing total land area consists of 6775+- sq. ft. 6:50 p.m. Appeal No..1499 - Richard & Pamela Frerking. This is a request for a Variance under Article XXIV, Section 100-244B based upon the July 1, 1997 Notice of Disapproval issued by tile Building Inspector Page 2 - Legal Noti. August 28, 1997 Regular Meeting Southold Town Board of Appeals in which applicant applied for a building permit to construct an addition to dwelling which will have an insufficient front setback as a principal building at less than the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is less than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size). Location of Property: 680 Deep Hole Drive, Mattituck, NY; County Parcel #1000-115-12-9. 6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request for a Variance under Article IIIA, Section 100-30A.4, based upon the June 23, 1997 Notice of Disapproval issued by the Building Inspector in which applicant applied f~)r a building permit regarding placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. 7:00 p.m. Appeal No. 4445 - Mary Tang-ney. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector as per Article III, Section 100-32 for the proposed insufficient lot area in this proposed set-off or minor subdivision for two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 cousisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 80,000 sq. ft. in total area. 7:10 p.m. Appl. No. 4501 E. Nag'y. This is a request for a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: Page 3 - Legal August 28, 1997 Regular Meeting Southold Town Board of Appeals (1) under Article II, Section 100-24A.(1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 Iot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size require.ment for lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width.) 7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is a request for a Variance under Article XXV for permission to construct deck addition to condo unit #60 at 135 1t60 Caleb's Way, Greenport, New York; County Parcel No. 1000-40.1-1-60 due to proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.). Written comments will also be accepted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: July 31, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Jan. 16, 1997 ?/PE II ACTION DECLAi~ATION Appeal No. 4445 Project/Applicants: Mary Tangney County Taxx Map No. 1000- 103-5-2.1 Lc>cation of Project: R0W extending from Little Neck Rd., Cutch0gue, NY Relief Req/~ested/Jurisdiction Before This Board in this Project: Proposed set-off with insufficient lot area This Notice is issued p~hrsuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Enviroramental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the To%rn of Southold. An Environmental Assessment (Short} Form has been submitted; however, Section 617.13 of 6 Nx/CI~R Part 616, Section 8-0113 of the Enviromental Conservation Law, this variance application falls under the ~/pe Ii classification as established by law. Further, this Department may not be all involved agency under SEQP~ {Section 617.13(a) as araended February 14, 1990}.. Although this action is classified as T!rpe II for this variance application under SEQI{A {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's intares~ or SEQP~A determination as an involved agency. For further-information, please contact the Office of the Board of Appeals, Town% Hall, Main Road, Southold, ~Nrf_ 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board m~wfoers. Copy placed in ZBA projec~ file for record pun:poses. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 19, 1996 ZONING APPEALS APPL. NO. 4445 - MARY TANGNEY Transmitted herewith is ZONING APPEAL APPL. NO. 4445 - MARY TANGNEY together with a letter from Ms. Tangney received on November 19, 1996, together with the Notices to Adjacent Property Owners, the Notice of Dis- approval from the Building Department, the Application for Building Permit, a grade map, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire and a copy of the proposed subdivision map. Judith. T. Terry Town Clerk Mary A Tangney 1703 Little Neck Road Cutchogue~ NY. 11935-2115 Southold Town Hall Board Of Appeals 53095 Main Road Southold, NY. 11971 To who it may concern: I am submitting the following minor sub-division sketch for approval. LOCATION: CUTCHOGUE. NY 1000-103-5-2.1 LOT#l: 40,191s.f. LOT # 2: 102.829s.f. This minor sub-division would be compatible with surrounding lot sizes. Thank you. Mar).: A. Tangncy LoT NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing durinq normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 Gerard P Goehringer, Chahman Southold Town Board of Appeals As per my husbands telephone call to your office, I would like the drawing that is before the Board, to be acted upon as submitted. Thank you, PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Bennett Orlowski, Jr.~)~/~x/~ Chairman Variance Application for Mary Tangney SCTM# 1000-103-5-2.1 RE: DATE: January 6, 1997 Please find the following comments in response to your memo of December 20, 1996: 1. The Planning Board has not received an application to subdivide the above mentioned property. 2. The Planning Board questions why the subdivision has been designed with one small lot of 40,191 sq. ft. in area and one larger lot of 102,829 sq. ft., rather than two more equally sized lots. Is a restriction prohibiting further subdivision proposed for the larger lot? Access to the subject property is over the existing travelled right-of-way. A design with a flag lot with a 15' wide access to the existing travelled right-of-way is acceptable to the Planning Board. However, the Planning Board questions whether improvements will be required to the existing travelled right-of-way as per the requirements of the Highway Specifications. TRANSCRIPT OF HEARING JANUARY 16, 1997 SOUTHOLD TOWN BOARD OF APPEALS Prepared by L. Kowalski 7:08 - 7:18 p.m. Appl. #4445: Application of MARY TANGNEY for a Variance based upon the March 20, 1996 Action of Disapproval by the Building inspector, as per Article III, Section 100-32 for the proposed insufficient lot area in the proposed set-off of lot situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel #1000-103-5-2.1. The parcel as exists contains 143,020 sq. ft. of land area. Proposed are two lots, one of 40,191 sq. ft. and the other 102,820+- sq. ft. in this R-80 Residential Zone District. CHAIRMAN GOEHRINGER: I have a copy of a survey which is really a site plan type of survey indicating the two lots, the house lot being 40,191 and the vacant lot being 102,829. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mrs. Tangney, how are you tonight? MRS. TANGNEY: Fine thank you. CHAIRMAN: Is tbere anything you would like to state for the record? MRS. TANGNEY: It is too large for us now, the children have grown and we would like to have a house to build. CHAIRMAN: Ok. We have had some communications from the Planning Board that kind of went around and around through the newspaper, and it was brought to our attention that the Planning Board that no application for a subdivision was made to the Planning Board by you which is part of the Notice of Disapproval. Don't be concerned, ok. This is not a problem, ok. But they would rather see the lots divided equally. Now I don't know how they are planning to divide them equally so we will discuss that in a minute, ok. But let me just go through the roster and we'll, please don't get too concerned about it - we'll work it out one way or another. (Member Tortora mentioned there were drawings there.) CHAIRMAN: Mr. Villa, would you like to say anything? MEMBER VILLA: Well basically I had the same concern a little bit about the size of the lot. You certainly have enough for two Page 2 - January 16, Southold Town Board of Appeals Transcript of Public Hearing lots, it's just a matter of how it's divided, concerns about it, if they can be resolved - I with it. so, and if they have don't have a problem CHAIRMAN: Ok. Mrs. Toptora? MEMBER TORTORA: Just that when I originally saw this plan last Spring it was for four lots, and then it has since been revised for two lots, and the lots in question you're proposing is 40,000 sq. ft. which is the variance you're requesting, and this is an R-80 Zone which requires 80,000 sq. ft., so I wanted how you came up with this particular proposal as opposed to dividing it more equally? MRS. TANGNEY: I'm going to ask my husband speak. CHAIRMAN: Sure. MR. TANGNEY: Ok, what was the question? MEMBER TORTORA: Why is it that you chose to divide it by creating one 40,000 sq. ft. lot and one lot of 102,000 sq. ft. rather than more equally? MR. TANGNEY: As we go ( ) that property, go to, one time that property was a larger piece at that time, but she still likes her property. She likes to look out and take it ( ) keep as a larger lot for ourselves, built on that, and either sell it to my daughter or someone the house we live in now. We can stay at a house in Southo]d and she would be happy and I would be happy. CHAIRMAN: Ok. Member Doyen? MEMBER DOYEN: No question. CHAIRMAN: Ok. Now getting back to the subdivision issue. The Notice of Disapproval that you got from the Building Inspector did indicate that you had to apply for a subdivision before the Planning Board. Rather than cause any I use the phrase "not unanimity" between the two boards, it would behoove you to make that application, let us hold this hearing in abeyance until such time, and see how they feel the property would rather be divided under their plan. And then you can come back to us and we can probably almost simultaneously can make the approvals. Do you have any objections to tbat, Mr. Tangney? Do you have any objection to that? MR. TANGNEY: Can you go through that again? Page 3 - January 16, Southold Town Board of Appeals Transcript of Public Hearing CHAIRMAN: Yes, sure. If I had the blackboard in here, I would draw it for you, but you have two (interrupted). MR. TANGNEY: You want me to submit to the Planning Board for approval before the Board of Appeals - CHAIRMAN: No, I want you to apply to the Planning Board for a subdivision, which is what you have to continue to do any way. MR. TANGNEY: Ok, after this - CHAIRMAN: Right. We are going to continue this. We're going to let this float until such time as you go to them and they input what they are looking for in reference to the equality of the two lots. Meaning the house lot and the regular lot. SECRETARY: Would you want to ask Mr. Tangney to come up to the dais closer and we can show him what you're talking about? CHAIRMAN: Sure. SECRETARY: Mr. Tangney, would you come up to the dias closer? (Mr. Tangney came up closer to the Board.) SECRETARY: The Planning Board was talking about drawing a line directly across from the old lot line that you did own at one time here, draw it straight across to make the lot the same size as the other lot. MR.. TANGNEY: Fine. No problem with that. This had a 25 ft. right-of-way, I would have done that. But they were afraid that we might split that again in the back again. MEMBER TORTORA: At Planning Board, and if you more (interrnpted). least we could coordinate it with the have objection, I think you would be MR. TANGNEY: That would be fine. SECRETARY: I was told by Melissa, Planner with the Planning Board Office, that that is what they would prefer to accept - but if you would want to coordinate it and wait, that's fine too. CHAIRMAN: Because it's not equal. SECRETARY: But the Planning Board letter said "more equal," it didn't say it must be exactly equal. Page 4 - January 16, Southold Town Board of Appeals Transcript of Public Hearing MEMBER VILLA: Do you have any problems with putting a condition on that back lot, the big lot that it would not be further subdivided? MR. TANGNEY: I would, yes - but it's her property. MRS. TANGNEY: But we don't know what's going to come about in the future, right, so - MEMBER VILLA: Well, it is two acres here, I mean actually you are getting two lots that would average less than two acres apiece. So we're granting a variance to begin with. The concern with leaving one larger lot is that somebody would come in some time down the future and ask for that to be further subdivided. So we would like to put an end to that right now if it's being granted, and we would like to see, you know, you can either go through the Planning Board and the lots come out so that they wouldn't be of that size, or else it would possibly, we could put a condition in there that there be no further subdivision. CHAIRMAN: I - MR. TANGNEY: Let me first look to the Plauning Board. I don't know about that. CHAIRMAN: I think that's really the way to go. MEMBER VILLA: Go to the Planning Board. CHAIRMAN: Thank you very out tonight. Is there anybody in speak in favor of this application? the application? much. I'm sorry to bring you the audience that would like to Anybody like to speak against PETER DANOWSKI, ESQ.: How about in-between the application ? CHAIRMAN: In-between the application. It looks like Mr. Danowski? PETER DANOWSKI, ESQ.: Without a jacket and tie, Pete Danowski. I did recently buy some property next to this property, I happened to knock on Mrs. Tangney's door and hopefully didn't intrnde on her. I didn't catch her husband there, but I invited the both of them over to my property if they caught me over there working on the old barn, and what I did say to Mrs. Tangney, is I would never oppose her application because I am tired of people opposing my clients' applications. So, whatever she wants - she's a neighbor, she seems like a lovely lady. I haven't met her husband Page 5 - January 16, Southold Town Board of Appeals Transcript of Public Hearing yet. But I am sure we will be good neighbors, and if it turns out she doesn't want to build her house or Planning Board denies the subdivision or talks about alteration of boundary lines, I would be more than happy to talk to her about acquiring the extra parcel, then we'll have subdivided and create that extra house. That's up to the Planning Board and Tangneys, and I'm just a participant in the audience. Thanks. CHAIRMAN: Ok. Hearing no further questions, I'll make a motion reserving this -- SECRETARY: Recessing - CHAIRMAN: Motion recessing this, excuse me - recessing this with no date until such time as the Planning Board has had a chance to act on the subdivision. Motion was seconded and carried. RECESSED WITHOUT A NEW DATE UNTIL FURTHER NOTICE. P 426 746 703 US Postal S~ivice Rece'~ for Certified Mail No ln~afance Coverage Provided. Do not use for International Mail (See reverse) Pest Office, State, & ZIP Code Postage $ ;erlifled Fee S~oedal Delivery Fee Return ReCe~f Showin{ITM Whom & Dale Oell~mCed SOUIItOLD : , .-,f : : NO1 ICE : TO n of 5oulltold : ADJACENT ;IVEN HOI ICE: Ihe undersigned to pelillott tile Board .f Appeah. el lite I epllon) (Special Perrnit) {nigher} Icircle choJcel k 2. Thai lite properly winch .~ llT~ ~ublec~of qte t is located adjace.I to yet. c,,I, ed a, fo.ow, 1'-1',3:~ L.,'~%_ %.%~ L property an~J ' ° t 3.1hallite property which is the subjecl of suchPe.ttnr is located itt lite followinRi'o-i-R(ji~trlct: 4 ltl;Il Ii't f, nch Pelitlon,'the undersigned will rellUeSl lilt' followi.g telleJ': 5. ]h.tl ti~e provisio.5 of tile $outhold I'nwrt Zonb~g Code applicable lo lite tellel ~r).~ht by the t.~del- are Article ~_ ,?~chion j~-3~__ 6. thai a written Pelitlott reqoe~,liltg llte relief ~peci,ied .,hove ',viii be filed in lite 5oulhold Town Clerk'~ Office al Main Road $o.thold, New York and yon ma). lhen a.d little examine lite ~.a.re.duri.g regular office hour~. (516) 7~5-1809. 7. That itel.re the relief sougitl may he granted, a public iteatinR, most Ire itehl o. the matter by the Uoard of Appeals; Ihal a .nike ~[ such hearlo~ must be pul)llshed al leasl five (lay~ prior to lhe heari.g {. the ' Long lslaod ]taveJer-MatlilllCk WatcJn. 3n, oewspaper~ published in the Town of 5outhold and deslgoated for the publication of such notices; that yo. or ym~r Jep[ese.tatJve h~ve the Hght to appear aod be heard at such hearing. To1 . ~o. { ) [Copy of skeLch or plan showing proposal Lo be aLtached for co.ve.le.ce purposes. ] P 426 746 698 US Postal ~ Mail No Ir~ t Provided. Slreet & Number Codified Fee Spedal Deliver/Fee Rest~cted Delive~ Return Receipt Showing to Whom & D 50UTIIOLD ! of /t, .f Southuld GIVENNOIICE: NOTICE TO ~DJ~CEHT P llOPER'L'Y OWN EI! the undersigned lo petitiou Ihe [h)ard of Appeals of lite Tuwu nf $oothedd ceptiou) (Spetial Permit} (other) Ictrcle choice] lite property which is I[~ ~ubjecl. of I~he,,l~etltlo, Is I.cated adjacent to your property a~,tl is des- ~. Thai tile properly which is Ilo;,subject qf such P~tilioll is Iocaled in the followhl~ zoninp, cllstricl: S, ,Il.il the provistous of the Seulhol(I 'hjwn Zooin~ Code apl)Ii,able I~ the loller soufihl [ ] 5ecLIon-~80-A, New York Town Law fo~ ~p~wl of a~ess-~ve~tgl~s-)-of-waY-' 6. 'hal within five dnys Irom the date hereol, a wlitteu Petition re(pteslhl~ lite retie[ specified ~bove will i ., ,. .,_ c.....,..J4 Towu Clerk'sO[fJce at MRI {o~[J~Soul~old,~ew Yo~k and you may Iheu a~d thole examine the same durinsreSular office hours. (5~6) 765-]809. 7. Thai heh~re the r~lie[ souKht m~y be ~.nted, ~ puWic he,ring must be held ou tl~e rentier 1)y Ihe I]oa~d uf Appeals; that a notice ok such headnK must be published at least five (lays p~Jor to Ihe date of such hearths Jn the Suffolk Th.es and in the Loug Isl~ud 'lraveler-Mattituck Watchm~n, .ewspapers publid~ed tu the 1own o[ Soo,hoW and (JesJ~uated [or the publicatlou ok such Itolices; that you of your fepreseutative have tile rlsl~t to appear and be heard at stJch hearlnS. ' Tel No. ( ) [Copy of sketch or pla,I purposes. ] showing prul)osal Lo be allached for COllVell J OllCE p 426 746 701 US postal S~rvice ....... R~for Certtfiecl Mal~ No insurance Coverage provided. Do not ~ T. Jl I0 L O __ ;ouflto!d NOTICE TO ADJACENT pROPERTY OWNER I.IOI ICE: ~ ...~,...~(.,~._. ~-....~.r? gned to petitio, the 13oard .f Appeals of lire Ti,w. r,I Soull.dd lo rectuesl a ~Special Excel)lJol)) (Special Permit) (Other) [c£1:-cle choice l ~ L 2. lllat IItel)roperly wh~chd~Jhesul~)jec,I o!,?he?tmul ishlcated adjace.! lo your property ami is des- That tile i)rolrerly which is tile subjecl of such Petition is located in lite Iollowing zoning disl~icl: -I lh.n Ir~ such Petiti.n,'the u.delsig.ed will rerl-est tile h)ihrwing feller: 5. '1 hal tile p[~S of lile $oulhohl lown Zoning Code applicalfle l? the relief sought hy the uude~. sigiled are ~tJcle~ ~ I ~cL[o~ L~- ~ [ ] Section 280-A, New Yo~k Town tew for approval of access over 6. 1hal withi, five days from II~e dale hereof, a written I'elilion requesting the relief Sl~ciiied above will i i[~ i i , ,I.. R,.,,hold Towll Clerk's Oflice at Mai. Road, Soulbold. New York a.d you may then and there exami.elhesame during regular office hours. (5[6) /G5 3009. 7. '[hat before Ihe relief sought may be granted, a pul)lie heari,IK Ii'illSl be held on thc nraller by tire IIoa~d ol Appeals; Ihal a nolice o[ such heaH.g must be published al least five days prior Io the date of such hearing in d~e Sulfolk Times and hi Ihe Long Island '[raveler-Malliluck Walchman. ,ewspapers publid~ed in Ihe Town of Soud~olcl and desJgnaled ~or Ihe publication of such ~olices; Ihat you or your ~epresenlalive have Ihe dghl 1o appear and be heard al such hearing. I'osl Office A~(l[esS [Copy of sketch or plan showing proposal Lo be aLtached purl)oses.] for corlvett J ence P 426 746 698 US Postal: Certified Mail No ir ~ Provided. Street & Number ~Retum &Rec~Pto~,.Sh~g Pos a~ fDa SOUTIIOLD t of ~o of $omhold : G~V[N NOlIC[: NOTICE TO ADJACENT PItOPERTY ONNE:I~ die ondelsi§ned to peliliou Ihe [Ioa.I ,,[ Appeals of lire 1'.wa n[ SouthnJd ceptlon) {Special Permil) (OUlec) Jc[r. cle choiceJ 2. lhal the properly whtch Is located adjaceut to your prolre¢lY ami is des- 3. Thal the properly whidr is Ihc)subiecl gl such I'~tiliol~ is Iocaled in the [ollowtng zo ii g disldCl: 5. lb,. the provisions of the Soolhohl lowo Zoning cede alq)licable Io the lelie[ sought by Ihe micle[- [ ] S~cLIon--~Bg-A~ Ne~ ~o~k Town Eaw foF ap~val-oF filed in iJl{ Sot. hold Town Clerk's Olli(e al ~i~l Ro~d 5oulJloW, New YoF~ aod you ol~ Ih{u and Cxanlin~ die s~lll{ (JuHn~ ff~uhr ollk~ Imor$. (516) 7. TIdal hehJre lite relief SoogJll may be granted, a puWic healJ.fi IIInSI lie held on Iht ltlaller by the I]oaul ol Appe,ds; that a notice oJ such head.g must be published at least five days prior to tile (late o[ such hearing in II~e Suffolk Th. es and in the Loug Isla.d lraveler-Mattitock Watchutan, oewspapers pul)lid~ed lu the 1own of Southold and (leslgnated for the poWIcatJou of such uotices; Ihat you or your lepresentatJve have ti~e right to appear and be heard at soch hearl.g. ' I'osl Office Address / ~ [Copy of skeLch or plait showing proposal Lo be aLtached purposes . ] for COllYell J circe P 426 746 699 US Postal Service Certified Mail Ma~l (See reverse/ UTItOLD ~f Soutbnld NOTICE TO ADJACENT PROPERTY OWNER CEN NOHCE: he nndersigned Io petition tile Board nf Appeals of Ihe Town of Southold (Special Permit) (Other) (circle choice] 2. ]~bat the property which i% tile subject qf tile Petition is located adjacent to your property and is des- 3. lbal tile property which is Ihe subject of suclr Petition is located in the following zoning dislrict: 4 1hat b; sndl Petition,'the undersigned will request tile following relief: 5. That tile pro¥isions of tile 5outhold Towu Zoning Code applicable Io tile relief sought by the under- [ ] Section Z80-A, Ne~ York To~n La~ for approval of access over rJghL(s)-of-way. 6. ihat wJlbJn five days from the dale hereof, a written Petition requesting the relief specified above will be Hied in the Soulhold Town Clerk's Office at Main Road Soulhold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. ; 7. That hefore tire relief sought may tie granted, a pnblic bearing must be held on tile matter by the Board of Appeals; tlral a notice of such beariug must be published al least five days prior lo Ibe date of such hearing in the Suffolk Times and in (he Long Island Traveler-Maltituck Watchman, newspapers published in the Town o~ SouH~old and designaled for Ihe publicalion of such nolices; that you or your representative llave righl Io appear ~nd be beard al such hearing. Petitioner ~. Posl Office Add[ess -- [Copy of sketch purposes. ] or platt showing proposal Lo be attached for convenience P 426 746 702 US Postal Service Receipt for Certified Mail ~e Provided. Certified Fee I' (~) Restricted Delive~ Fee UTIIOLD : NOTICE ~ : TO ~f Soudmld : ADJACENT ] PROPERTY OWNER 'EN NOI ICE: ~e undersigned lo petition the Board nf Appeals of the l'own of Soulbold ~eplion) (Special Permit) (Other) [circle choicel 2. That tile property which !~the subject of/be Petition cribed as follows:_ ~'~. ~.~'~ .L.{~,-~\~ ~c~.?A is located adjacent to your property and is des- 3. That the properly which is the subjecl of such Petition is located in the following zoning district: 4 lllal b'~ su¢lm Pelition,'the undersigned will request Ibe following relief: 5. 1hat Ihe provisions of Ibe Soutbohl [own Zoning Code applicable lo tire relief sought by Ibc under- signed are Article~---~m~ Section I~-- A~- ' [ ] Sectton 280~A, New York Town Law fo~ approval of access ove~ right(s)-of-way. 6. 1hal within five days from the date hereof, a written Pelidon requesting the relief specified above will be filed in Ibe Soulhold Town Clerk's Office al Main Road, Soulbold, New York and you may Ihen and there examine Ibc same during regular Officebours, (516) 765-1809. 7. Thai hefore Ibe relief sotJglll may be granted, a public hearing most be held o~r the mailer by the Board of Appeals; Ihal a notice of such bearing must be published al least five days prior ~o ~l~e dale of such hearing in Ihe Suffolk Times and in lhe Long Island Traveter-Malliluck Walcbman, newspapers published in the Town of Soulhold and designaled for ~he publication of such notices; Ibat you or your ?presemafive have lbe right to appear and be heard at such hearing. Po~t Office Address Te 1 . Ho. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience P 426 746 697 US Pos~tal Service Reg&ipt for Certified Mail _No~6~urance Coverage Provided. D~ not use for International Mail (See revers~ Postage $ Cerlifled Fee J. , 0 Spatial Delivery Fee ~to )UTItOLD of Southold : rqOHCE: NOTICE TO ADJACENT PROPERTY OWNER he undersigned Io petition the l:loar(I of Appeals of tile Town of Soulhold Exception) (Special Permit) (Otl~er) [circle choiceJ 2. 1bat Ihe property which ~is the subject of_the Petition is located adjacent to your properly and is des- 3. '[bat lite property which is lite subject of such Petition is located in the following zoning district: -I ~Jial h'~ f, uch Pelilion,'lhe undersigned will request the followiug relief: 5. Th,it the provisions of lite Soulhold [own Zoning Code applicable 19 the relief sought try lite under- signed are Article ~ Section lC)~_~ [ ] Section 280-A, New York Town Law for approval of access over rtght(s)-of-way. 6. ]hal will)in five days from the date hereof, a written Petition requesting {lie relief specified above will be filed in ll~e Somhold Town Clerk's Office at Main Road, Southold, New York and ~ou may [hen and ~here examine the same during regular office hours. (516) 765-1809. 7. That hefore tire reliel~ sought may be gran!ed, a public hearing must be held on lite malter by the Board ol' Appeals; tha! a notice of such hearing music be published al least five days prior to lite date of such hearing br Ihe Suffolk Times and if) the Long Island Traveler-Mattituck Watchman, newspapers published in Town of Soutbold and designated for the publication of such notices; II)al ymt or your representative have the right to appear and be beard at such hearing. Petitioner, ' ~^_ ~A ----*--- - Owners Posl Office Ad~lc~s __~_ [Copy of sketch purposes.) or plan showing proposal to be attached for convenience P 426 746 700 US Postal Service Mail , Provided. r International Mail (See revers( Certifmd Fee [. t 0 ~peciaJ Delivery Fee 0 TItOLD . NOTICE Southold : ADJACENT PROPERTY OWNER N HOTICE: ondersi§ned to petition tile Uoard nj Appeals of Ihe Town of Southnld ~(Variance~Special Exception) (Special Permit) (Other) [circle choiceJ That the property which is, d,h.e subject of Ih,e Pelition is located adjacenl to your property and is des- 3. That Ihe property which is the subjecl of such Petition is located in the following zoning dislricl: 4 1hal h~ such Pelition,'the nndersigncd will reques~ Ihe following relief: 5. Tiaa! the provisions ofll~e Sou[hold [own Zoning Code applicable Io the relief sought by the under- signedare kcticle ~ Sect,-run JL.~k.~--~?~ . [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. lhal within five days Jrom the dale hereof, a written Pelilion requesting Ihe relief specified above will be filed in Ihe 5oulhold Town Clerk's Of Jice al Main Road, 5oulhold, New York and you may then and lhere examine ll~e same during r~gular office hours. (516) 765-1809. 7. That heft)re lhe relief sought may be granted, a public hearing must he held on thc matter by the Board o1' Appeals; that a notice of such hearing must be published at least five days prior to llie dale of such hearing in the Suffolk Times and in the Long Island TraveJer-Mattiluck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the tight to appear and be heard at such hearing. ~ Pelilioner ~ _ a Owners' Names:~ ~, ~/ Post Office Aqd[ess . ~ ~nt / T l. " [Copy of sketch or purposes. ] plan showing proposal Lo be attached for convenience MAll.lNG OF NOTICE A_$ n f~ F._S_S S IA I'lJ OF ~',~[:W YOI~.K ) (:()LJN'I y I:)1: 51JFFOI.K ) ,being duly~w , f'l scs and says Ihatonlh¢~l~l:,~ - MARY ANN CYBULSKI Notary Public, State of New York Re$~d.!n§ in Cuffolk County o, 52-5895900 Commission Expires April 30, 19~ (Ibis side does no[ have. to be completed on fJ~rm transmi t ted In adjoining TO: C EI11'I F Ii EI'I HAIl I1EILIRN I1ECE]I'[ flFI)ItERII:I) NO[ICE TO p }IO~EII'I'¥ 0 Y(.)U ARE IIERI{IIY GIVEN NOI'ICE: crlbed .~s IoJlow~: 3. Th;Il the plop~rty which is tile ~.ldect ol ~.ch Petition -I lJn, l h'~ f,u('h l:ethllm: the undelsi~nL'd will requesl thc followlnl] i~li~l: _-- ~. iii,Jr Ihe l~rovislons of The Soudsold l'o'.v. Zonin~ Code .~l:l]iicnble Io Ihe leJlel soul,hi hy Ihe ,.~d.i s~ne( ~re Article examine lh~ Sallie durra8 re[ui~r office horns (516) 765-1809. Board of Al~peals; lJl~l a IiolJce o[ such heari.g ii1usl be published al ieg~t live flays I.h~r to the (l~l( .f ~uch he~rh~8 in lJle .............. Lon~ Island Traveler-MaltJtuck Walchlll~ll, newSpapel~ l)lll~lJsJl~li III the right to ~ppe~ ~nd b~ h~at~ ~1 such h~rl.g. Owlters ' j'jaIIIOs :___ , Posl Office' All(lress Tel. No. ( ) [Copy of sketch or p,,rposes. ] plan showing proposal to be attached BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or Ihe Petition of : to the Board of Appeals of the Town of Southnld : TO :,-.~'~"~ ~ tO NOTICE TO ADJACENT PROPERTY OWNER 1. T~e intention of tile undersigned In petition the Board of Appeals of tile ] own of Southnld request a(~Variancq(Special Exception)(Special Permit) (Other) [circle clloicel 2. That tire property which ~ the sgbje~;t o[the Petition is located adjacent to your property and is des- 3. That tile property which is tile subject of such Petition is located in the following zoning district: 4 lhal 1'~ such Petitinn,'the undersigned will request tile following relief: $. That tile provisions of the Southold Town Zoning Code applicable to the relief sought by tire under- signed are Article ~ Section J [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That befure the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the dale of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that yon or your representative have the right to appear and be heard at such hearing. Post Office AddJess [Copy of sketch purposes.] or plan showing proposal to be attached for convenience TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. District 1000 Secttonj,"'l~Blocl/l~ LolZ~,i C re ....... : ........................... ~ ....... ~Z ........ .'~-..:-,. ur n Map No. 'Lot No. Prior Owner'  Nam f Appellant ~ Street and Number ~ Municipality THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUJLDIN~ INSPE~OR ON APPLICATION FOR PERM T NO ............. DAT[D ...... ~ ............ t ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO . L~ome ~f ~plic~t for permit . ' , Street and ~umber ~unicipali~ ......... ~ '"~t~[~ '"~ .............. ( PER TTO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF .............................. ~ ...................................... 51reet /Hnmle~ / Use Districl on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoning Ordinance by number. Do not quote the Ordinance.) Article ~TJ.L[, Section ~ ~ ~" - %p_ .. ' 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~ A VARIANCE to the Ordinance Zoning Zoning Mop or ( ) A VARIANCE due to lock of access (Slate of New York Town Law Chop, 62. Cons. Laws Art. J6 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (ha been made with respect to this decision Of the Building Inspector or with respect to this pro~. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................ .Dated .................. ~ .......... ~ ........................................ REASON FOR APPEAL ( ) A Variance Io Section 280A Subsection 3 ('~) A Variance 1o the Zoning Ordinance ( ) Is requested for Ihe reason that (Continue on other side) REASON FOR APPEAL Continued sary HARDSttlP because ' I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by oil properties alike in the Immediate vicinily of this )roperly and In lhis use district because 3. The' Variance would observe lhe spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF Swam to Ibis .............................................. ............... No,ar Pub,,c JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County Term Expires June 12, 19.9..~ ~=The_N-Y-S. Environmental Quality Review Act re uires Submissiom INSTRUCTIONS: (a) In order to answer ~he questions in this short ~AF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the as=ion. It is not exuected that additional studies, research or other investigations will b~ undertaken. (h) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project is no= signifisant. (d) Environmental Assessme~e 1. Will project result in a large ~hyeical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land fo=~a on the site? 3. Will project alter or have a large effect on an encis=inq body of water? Yes~No 4. Will project have a potentially large impac= on groundwa=er quality? 5. Will project significantly effect drainage flow 6. Will ~rojec= affect any threatened or endangered plan= or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? __Yes~No 8. Will project have a major effect on visual char- 9. Will project adversely impastany site or st-ruot- u=e of historic, pre-historic, or paleontologica~ importance or any site designated as a critical environmental area by a local agency? . Yes~No I0. Will project have a m~jor effect on existing 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, e~sg a ~trical disturb- 13. WAll project have any impact on public health 14. Will project affect the existing community by _~Ye o charact~ of the community or neighborhood? project? _ YesyNo i 617.21 Appendix C , State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED AC13ONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Pro~ect sDonsor) . A NT/SPQNS 2. PR~E~ NAME SEQR PROJECT ~RIEFLY: 7. AMOUNT OF LANO FFECTED: STATE OR LOCALI? , C~.TI~ T.^T ~* m~O.M^T~ON ..OV,O~D ASOV~ ,S T.UE TO ME aES~ O~ MY ~.ow~E~DE I! the action is in the Coastal Area, and you are a state agency, complete tt~e Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) QUESTICN%~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Sea, rate sheet E~v be attached. ) B. Is the subject premises Listed on the real estate morner for ~ ~} or being shown to prospective b~yers? { } Yes { } Yes ~ No D. 1. 2. Are there any areas which contain wetland grasses? ~ Are the wetland areas shown on the map submit=ed with this application? ~ Is the property buel~-~d between the wetlands area and the upland building area? w~ ' If your property contains or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed const_r~c~ion at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~u3-kheads or fen=as which ~nd are not ~huwn cn the sUrvey map that you ara s~bmitting? ~!~ If none exist, please state "non~." · G. Do you have any construction taking place at this time c~ncerning your premises? ~!a~~ If yes, please submit a copy o= your building permit'and '~ as approved by the Building - Department. If n0he, please state. H. Do you or any co-owner alsd own other land close to this parcel? .~ If yes, please explain where or submit oodles of deeds. '- - I. Ple~ list present use or operations conducted at this parcel ~m~ proposed u~e and Au~n6'rzzed Signauure one Da~e 3/87, 10/901k § 97-I3 WETLAN-DS § 97-13 TOWN' ~ T'ne Town of SourJ~olck Ti{USTEEs __ The Board of Tru~ees of the Town of Sou~hold. [Added 6-5-84 by L.L. No. 6-19841 W~. ~'LA~N~S [Amended 8-26-76 by [,,L No. 2-1976; 3-28- (1) All I"nds generally covered or inZerrnittentiy cov- ered with. or which border on. tidal warar~, or lands lying beneath tidal water~, which at mean low tide are covered by' tidal waters ~o a maximum dep:h five (5) feet. including but not limited to banks. bog~. salt marsh, swamps, meadows, ftar~ or ocher low lying lands subj~c: ~o tidal ac~cn: (2) All banks, bogs. meadows, tiara and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, sal: hay. black t'ru.~, saltworrs, sea lavender, tell cordgrass, high bush. cattails, groundaei, m~r.~hr-.~l~w ami Iow (3) All Im:d immediatelT~diacen~u a tidal we~:iand defined in Subsection Al2) and lying within seven- ~Y-five (75)feet landward of the roost landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 2~. Ti- tle I. § 24-0107. Subdivisions l(a) to l(d) inclusive. of Ibc Environmental Conservation Law of ~hc of R'cw York; and (2) All land immediately adjacen~ to a "freshwater wet- land.- as defined in Subsection B(1) and lyina' wkh- in seventy-five (75) fee~ }m,dward of ~he mos~ land- ward edge of ~ frcsnwa~r w?dand. 9705 now or formerly ~.llen R. Ovslanik S.eSoS4'id'E. o~o0 i i-SSB° 49 ' 50 'E 185,79' - ~.p ,05 LOT ;ON IS FROM AeTERN TOWNS" · CO. DEPT OF ~ES AGRICULTURAL- flow or 50' formerly RIGHT Alberl J. Krupski Jr NI NIBg* i7'O0'N 417.40' now or f, or formerly Kunlgunde Dunhuber OF WAY S89° 54' IO"E E20.79' - 11.,,,40. i, PORCH ..... _1~._4'_ _ -. , (:]) , LOT 40031 s.f. ' TYPICAL Pt. OT PLAN TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL gYSTEM Z ..q MI~NOR SUBDIVISION HAP PRE:PARED FOR: MARY A. AT CUTCHO T O~N OF SUFFOLK DATEI MARCH 17, 1957 SCALE= Iflz SOI NO. ~6 * 1400 TANGNEY GUE SOUTHOLD CO, N Y YOUNG 8 YOUNG 400 OSTRANDER AVE., RIVERHEAD,N.Y. ALDEN W. YOUHG~ N.Y.S.P.E. ~. L.S. LIC. NO. 12845 HOWARD W YOUNG, N.Y.S.L.S. LIC. N0.45895 369 R-80~ 80 LITTLE ~.- PECON/~ BAY APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 1, 1990 Mr. Raymond Nine P.O. Box 1401 Mattituck, NY 11952 Re: Appl. No. 2351 - Charles and Mary Tangney 280-A Update Dear Mr. Nine: This letter will confirm that upon inspecting the improvements yesterday as constructed by you within the subject right-of-way, the improvements are satisfactory and acceptable. The right-of-way must be updated as the need arises, of course. lk cc: Building Department Attn: Vic Lessard Very truly yours, 7:35 P.M. (~..S.T.) - Recessed hearing upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchoque, New York for a variance in accordance with the Town Lawt Section 280A for approval of access. Location of property: right-of-way, east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwo!d subdivision; south by Dunhuber; west by Dunhuber and Andruski. The C~hairman ouened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspaper, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read s~atement from the Town Clerk that notification by ~ ~ mail had been made to' John Monsell; Helen Andruski; c-- ~'_i_ed ' Paul Dunhuber. Fee paid - $15.00. THE C~A2.RFaAiq: The applicants are the owners of 4.2 acres, approximata!y, on the easterly side of Little Neck Road. This 4.2 acres is reached bv a 50' right-of-way which has been - is. improved at ~_ast up to the point of where their residence Southold Town Board of Appeals -3- December 1, 1977 The whole plot appears to have been surrounded with split-rail fence, is that correct? CHAi{LES TANGNEY: Yes. THE CHAIRMAN: Is there anyone who wishes to speak for this application? I think we understand it except wedon't know what you're going to do with your present house, are you going to sell it? CHARLES TANGNEY: That's what we hope to do, we hope to sell that house. Unfortunately, in today's market, we can't sell it as a parcel. Also, we really don't want to move, we don't want to get the kids out of school. We have that land and we'd like to build in the back. THE CHAIRMAN: In the southeast corner. CHARLES TANGNEY: Yes. We can see the water there, and it's just a nicer spot. THE CHAIRMAN: What would you do with the remaining land? CHARLES TANGNEY: We want to keep it the way it is. We had that intention when we moved there. But the taxes have gone from $800 to $2,200 in five years. THE CHAIRMAN: On the whole plot? CHAP~ES TANGNEY. Yes. If I continue that way it's going to be ... THE CHAIRMAN: It looks as though the plot that you're using where your present house is has a slight indentation. CHARLES TANG/FEY: Yes, where Helen Andruski is. Her lot goes deeper than the Dunhuber property, 17' to 20'. THE CHAIRMAN: So that makes the lot on which your ~house presently is 170' at the northerly end and 187' approximately, on the southerly end. CHARLES TANGNEY: When I spoke to Mr. Terry, he said it had to be 40,000 sq. ft. and I think it comes out to whatever that computes to, a little more than that. ROBERT BERGEN: Where the house presently is. CHARLES TANG/FEY: If this is allowed. There's about, not exactly, three acres left. THE CHAIRMAN: There's 4.2 acres altogether and you've got to take 40,000 sq. ft. out for the present house and you've got Southold Town Board of Appeals -4- December 1, 1977 to establish the boundaries, you'll have to get a survey.made I guess. Then you'll have to set off that lot. Are you going to build the house on the remaining three acres or do you want. to set off 40,000 sq. ft. for your new house? cHARLES TANGNEY: I thought I had filled it out that way. We're looking to set off the existing house and permission to build on the retaining land. Tw~. CHAIRMAN: Build on all the remaining lando cHARLES TANGNEY: As it stands right now, all the remaining land. ROBERT BERGEN: But you're going to bUild over in the southeast corner. CHARLES TANGNEY: Where we can see the water. ROBERT 'BERGEN: Are you still going to maintain that horse? CHARLES TANGNEY: Believe it or not, we don't have a horse anymore, all we have is the fence. ROBERT BERGEN: If you did, you'd have to move that building where you kept the horse. CHARLES TANGNEY: We moved that horse at the time when we found out you had to be 50' off. Then my son grew out of the horse and no one else wanted him. THE CHAIRMAN: Mrs. Dunhuber was here at the last meeting and she was inquiring about how many domestic animals you have on the property, such as cattle, horses, goats. CHAP~LE$ TANGNEY: My wife raises dairy goats. THE CHAIRMAN: No horses? What about cattle? CHARLES TANGNEY: I have three calves ~ one belongs to a neighbor and two belong to me. THE CHAIRMAN: How many goatS? CHARLE$'TANGNEY: Six. THE CHAIRMAN: As fat as i know, that is legal. It's pretty hard to come up with, in our ordinance it's a residential and agricultural zone. CI{ARLES TANGNEY: Before I got the animals i spoke to Mr. Terry~ this is going back a ccuple of years ago~ The only Southold Town Board of Appeals -5- Decemher'.l, 1977 thing I didn't have and didn't anticipate was that horse. Then someone complained about the horse so I came down and. spoke to him again and he said, Betty Neville gave me a copy of it, he said large animals consisting of cow~ or horses, one per acre. That'S what it works out to be, the calves will be in the.freezer anyway. .. THE CHAIRMAN: You haven't applied for that anyway. It has ' ' nothing to do with it, we were. just trying to develop the information. As we read the ordinance this afternoon, you're permitted two horses if you have one acre. Beyond that ... ~.'i~?~. ROBERT BE~RN: One horse for the.first acre and'a half-acre _. for each horse after that. THE CHAIRMAN: To raise cattle and so forth you have to have 10 acres. FRED HULSE: For cattle, pigs, etc. THE CHAIRMAN: It's no~ very clear whether a calf is a domestic animal under our ordinance the way the ordinance is written. I think we'll ignore it. CHARLES TANGNEY: They'll be gone. THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, right-of-way, east side Little Neck Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared b~ all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York, be GRANTED approval of access, right- of-way, east side Little Neck Road, Cutchoque, New York, as applied for, sLLbject to the following conditions: Southold Town Board of Appeals -6- December 1~ 1977 The applicants shall furnish the Board with a survey indicating that his present residence has been set aside and distinguished from the total tract on a lotof at Ieast 4~ 0~&~-f~ ht-0f-w~a to the applicants' proposed resi-~~ The rig ¥ . , ence shall be improved to a width of at least 1~'. d psoil shall be removed to a.depth of 6" ~eplaced with bank run or theeqUivalent'~/. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. {The Board and Mr. Tangney discussed the possibility of dividing the property into a minor subdivision, which Mr. Tangney indicated he was not interested in doing.) The Chairman asked if anyone in the audience' was present for the Jernick Moving and Storage application. Thomas Jernick replied that he Was present and would be glad to answer any questions. The Chairman stated that he wanted to know what actions the Board had taken previously on this property. (The file from the April 6, 1972, Board meeting, at which time the Jernick appeal was heard, was locked in the basement storage room and therefore unattainable.) Mr. Jernick stated that the previous application had been to rebuild after the fire. THOMAS JERNICK: Actually what burned was no longer a bowling alley, it was a storage warehouse. THE CHAIRMAN: In a "B" Business zone. Then they changed the Ordinance and it had to be in Light Industrial. That made' it non-conforming because it would still be in a "B" zone. The Town didn't want to change Ghat to Light Industrial, it's next to a school and so forth. The reason I'm asking you a~ this, I think what we have to do is postpone the hearing until the next meeting and renotice it. According to our Town Attorney, the legal notice should have included that this was an expansion of a non-conforming building. I don't think there's any question but that the Board would be happy to grant this, but it's a technicality that we'll have to straighten out. Is this going to affect your plans? The next meeting will be December 22nd. THOMAS JERNICK: It's going to be costly because I'm renting eleven trailers right at the present time that we're storing furniture in, what we call "storage in transit." Weather con- ditions will probably delay the building about two months and it's going to be a bit costly. IFil have to rent those eleven trailers for ~wo extra months. For Of£icial Use By Board Members and Staff THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE BY YOUNG & YOUNG - LAND SURVEYORS; DATED: MARCH 17, 1987 REFERENCE ONLY GARRETT A. STRANG architect P.O. Box 1412 Southotd N.Y. 11971 516- 765 - 5455 PROJECT: Proposed lqinor Sub-Division Little Neck Road Cutchogue, New York OWNER: lffary A. Tangney 703 Little Neck Road Cutcho~ue, New York 1 ! 93S USE: Single Family Residential - Agricultural TAX HAP #: 1000-103-0S-2.! F now or formerly Allen R. Ovsionik hi MARY A. TANGNEY ~ 160S LITTLE NECK RD. 3E CUTCHOGUE~ N.Y. 119S5 NOTE: I. SUFR~LK COUNTY TAX MAP DIST, I000 SECT, lOS EL,05 LOT 2.~1 E.TOPOGRAPHY SHOWN HERON lB FROM "TOPOGRAPHIC MAP- 5 EASTERN TOWNS" PREPARED FOR THE SUFS CO. DEPT OF OF PUBLIC WORKS. now or formerly Alberl J. Krupski Jr szo.7~ 50' RIGHT OF WAY $89'54't0'E 220.79' 170.78' 4oo~fl s.~. now ROAD NSB' i7 'O0"N 417.40' or formerly Kunigunde TYPICAL WELL DETAIL Dunhuber TYPICAL SEWAGE DISPOSAL SYSTEM TYPICAL PLOT PLAN LOCATION SCALE; MfNOR SUBDIVISION MAP PREPARED FOR: NARY A TANGNEY' AT TOWN OF SUFFOLK CUTCHOGUE SOUTHOLD CO., N.Y. Iii iilij? NOV 6 ~9~ DATEa MARCH 17, 1987 NO B6 - 1400 ~J YOUNG ~1 YOUNG 4.00 OSTRANDER AVE.~ RIVERHEAD, N.Y ALDEN W. YOUNS~ N.~S. P.E. & LS. LIC. NO. 12845 HOWARB W YOUNe~ NX.S. L~. LIC.