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HomeMy WebLinkAbout4211 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri,-h.~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4211. Upon Application of MARY HOLLAND. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+- sq. ft. Lot #1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Southold. Each lot, as proposed, will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. WHEREAS, a public hearing was held on February 2, 1994, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a total lot area of 14,300 sq. ft. situated in the R-40 Low-Density Zone District along the northerly side of Jackson Street, New Suffolk, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1. 2. The most southerly half of the subject premises is improved with a one-story, single-family dwelling which is situated approximately 26 feet from the front property line Page 2 - Appl. No. 4211 Matter of MARY HOLLAND Decision Rendered February 2, 1994 along Jackson Street, approximately 18 feet from the proposed division line to the north, and 22 feet to the easterly (front) property line along Third Street. The rear yard is established as the westerly yard, improved with an existing tool shed structure approximately one foot from the property line at its closest point. The dwelling is presently set back 33-1/2+_ feet from the rear (westerly as established) property line. 3. The most northerly half of the subject premises is shown to be improved with a two-story framse house with accessory structures established in the westerly rear yard area. The setbacks of this dwelling structure are shown to be: (a) 10 feet from the front property line along Third Street; (b) 20+- feet from the southerly (proposed division) line; (c) 18+- feet from the northerly side property line; (d) 49-1/2+- feet from the westerly rear property line. 4. By this variance application, appellant is requesting permission to reestablish separate parcels as existed prior to January 2, 1970 (when both lots were jointly held by Frank and Margaret Dawson), and subsequently held by Frank Dawson between January 1970 and March 1986. In March 1986, the present owner, Mary Holland, acquired the entire property by deed described at Liber 10000 page 363. For the record, it is noted that the subject premises has been in common ownership and the dwellings have existed for more than 20 years. 5 The following variances are necessary for the proposed separation and set-off as shown on the June 21, 1984 survey, amended November 15, 1993: (a) proposed Lot No. 1 (northerly half of the total lot) is proposed at 7,153 square feet in area, 70.59 ft. of lot width (road frontage), 101.41 ft. in lot depth; (proposed as Lot No. 1); (b) proposed Lot No. 1 (southerly half of the total lot) is proposed at 7,147 square feet in area and 70.59 ft. of lot width. 6. Column ii of the Bulk Schedule, and Article IIIA, Section 100-31A.3 of the zoning code regulations (as amended January 1989) requires a minimum lot area of 40,000 square feet per lot, minimum width of 150 feet, and lot depth of 175 feet. 7. The percentage of relief sought by this application is approximately 82 percent, , which is substantial in relation to the required 40,000 sq. ft. minimum lot size and 52+- percent in relation to the required 150 lot width. Page 3 - Appl. No. 4211 Matter of MARY HOLLAND Decision Rendered February 2, 1994 8. In considering this application, the Board also finds and determines: (a) the area lots in this vicinity are similar, or smaller, to that proposed by this application; (b) the practical difficulties claimed are sufficient, as submitted in the record, to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood and a precedent would not be set for the following reasons: {1} immediately to the north and west are parcels of character and size comparable and similar to tha lots proposed by this application; the results of the granting of this application will not have a direct effect or set a precedent for other lots on this block; and {2} the density of the proposed lots will not be increased since there is a single-family dwelling existing, since prior to 1962; {3} the Board Members agree that practical difficulties claimed are due to unique physical conditions peculiar to and inherent in the lot as it presently exists, and the circumstances are not personal to the landowner; (d) although the difficulties claimed were self-created over the years, they cannot be obviated by some method feasible for the appellant to pursue, other than a variance; (e) the denial of this variance would result in significant economic injury to the landowner; (f) the variance will not produce a substantial change in the character of the neighborhood; (g) the variance, as granted, is the minimum relief necessary; and (h) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Member Villa, seconded by 'Page 4 - Appl. No. 4211 Matter of MARY HOLLAND Decision Rendered February 2, 1994 Member Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4211 in the Matter of MARY HOLLAND, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk To~vn Clez_k, To~vn of e ~ ~ APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAYt FEBRUARY 2t 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4210 - STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessory garage structure, which has existed, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000-37-3-6. Subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, Pa~e 2 - Notice ofiarings Southold Town Board~"Sf Appeals Regular Meeting of February 2, 1994 appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot ~ 19.1, containing a total lot area of 14,300+- sq. ft. Lot #1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. 3. 7:40 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request for Special Exception approving an existing Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 Page 3 - Notice oflWarings Southold Town Board of Appeals Regular Meeting of February 2, 1994 square feet and is located in the Agricultural-Conservation (A-C) Zone District. T~e Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not ~hesitate to call 765-1809 or visit our office. Dated: January 18, 1994. BY ORDER OF THE SOU~fHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X X P~ge 4 - Notice of~arings Southold Town Board--of Appeals Regular Meeting of February 2, 1994 Copies to the following 1/18/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicant or Agent Copies to ZBA Members with copies of file documents Catherine A. Mesiano, Inc. P.O. Box 1981 Riverhead, NY 11901-1981 Mrs. Mary Holland Jackson Street, P.O. Box 617 New Suffolk, NY 11956-0617 Ms. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952-1113 Richard F. Lark, Esq. (Re: Main Road, Box 973 Cutchogue, NY 11935-0973 Mr. and Mrs. Steven T. Vesey 2105 Old Orchard Road, Box 53 East Marion, NY 11939-0053 (Re: Mary Holland) Kujawski, John) TO~,VN OF SOUTItOLI; BUILDING DEPARTMENT TOWN CLERK-'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL ~ , ~, , Date . ~..././~. .... · ..~. ~...~. ~..w~ .:..z/y3 ~ PLEASE TAKE NOTICE that your application dated ...,.. ~ 19~ , ~ ......... ¢¢~~ Subdivision ....... ' Filed Map No, : ............... Lot No .................. is returned herewith and disapproved on the following grounds l~..~~.. ~.~..<~.. ~~~..~~. ...... ................... · ............................... ............... " ' ~ldin~ector ' ' Rv 1/8o APPF~L FROM DECISION OF BUILDING INSPECTOR TOWH OF SOUTHOLD, NEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number New Suffolk Municipality ...N.]( .......... j ........... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...0..8./..0..5./..9...3. ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( (X) Mary Holland Nome of Applicant for permit of 415 Third ST. And Jackson St. New Suffolk, NY 11956 Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR. OCCUPANCY District 1000 Sectionll7Block 9 Lot 19.~, _ .............................................. _,.uurrenz Owner Mop No. 'Lot No. Prior Owner Permit to subdivide a lot LOCATION OF THE PROPERTY~..~R[~[...~.~A[~..~..~S~9~..~.:~..~f°lk Street /Hamlet / Use District on Zoning Mop Mary Holland Frank Dawson R-40 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 ZTZA Section 100-30 A.3 3. 'rYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the 7nning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ¢~r~l~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ~ ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that the applicant wishes ~,o divide the 14,294 parcel with containing a square foot two houses and accessory structures into t~o equal parcels, each siagle family dwelling with accessory buildings. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because the subject property is improved with two single family dwellings and accessory structures. The property is utilized as two separate and distinct entities. 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 the property, previously two single and seperate lots, was-joined when both .were inherited by the same. individual. Both parcels had been improved prior to that time.. The..surrounding ar.ca is c.ompri~ed, of improved residential lots similar in size and dimension to the proposed lots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISl~lCTbecause no physical changes are proposed. The use would remain unchanged. STATE OF NEW YORK ) ~~..i ~ COUNTY OF ) Signature ...................... Sworn to this/./.......2 ................................. doy of..-../~<.~..C..~.~ ......................... '9 ~3 WILLIAM WICKHAM NOTARY PUBLIC State of Ni~J Tfedl No, 524259000 Qualified iff Suffolk County CommmSSOn Exmres June 30.1996 OWNER FOR~EI~OWNER SEAS. VL. OF SOUTHOLD P~I(OPERTY RECORD CARD VILLAGE W DISTRICT SUB. ACREAGE ,~ TYPE OF BUILDING LOT FARM COMM. IND. CB. MISC. Est. Mkt. Value DATE LAND IMP. TOTAL AGE NE~V NORMAL BUILDING CONDITIOF BELOW ABOVE FRONTAGE ON WATER FRONTAGEON Farm Acre Value Per Acre Value Tillable I BULKHEAD Tillable 2 DOCK Tillable 3 , Woodland Swampland Brushland J House Plot Total Extension Extension Extension Breezeway Garage Basement Ext. Walls Fire Place 3 ./~ ~ Porch ~ :B (.~ t~. ~ ath '~ ~ 1- Floors ~4~x~"//~' 'i Interior Finish Heat ~g' ,~' /_~- RoofType Rooms 1st Floor Rooms 2nd Floor Dormer FORMER OWNER STREET VILLAGE DISTRICT SUB. ACREAGE ~2' TYPE Of BUILDING LOT '. RES..,<~/O SEAS. VL FARM LAND IMP. TOTAL DATE COMM. .lIND. ICB. MISC. REMARKS Est. Mkt. Value AGE BUILDING CONDITIOi~ NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Volue Per Acre Value FRONTAGE ON ROAD/~ Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodlond Swampland Brushlond House Plot ! Total M. Bldg. Extension ~' ~ Fire Place Heat Breezeway Patio Rooms 2nd Flor Garage Driveway Dormer J^CldSON PAP OF P!2OPEF~TY ES,A~E "~~14 DA'v/SON AT'' ~, only lo the pemon lot who~ !'.., sur~e~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Purs~nt to A/~cicle XiW of the SUffolk County Adnttnistrative Code, The Board of Appeals of the ~Y/wn of Southold, New York, hereby refers the following to the Suffolk County Plar~g Cum,~ssion: Variance f~om the Zoning Code, Article III-A , Section ~Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit 100-30A Appeal No: 4211 Applicant: Mary Holland Location of Affected Land: Third and Jackson .County Tax Map Item No.: lO00- 117-9-19.1 Within 500 feet of: Streets, New suffolk 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) Great Peconis Bay State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport .was qranted Comments: Applicant lmX~mm~Tmm~ permission.to proceed with set-off subdivision before PlaDnin~ Board with substandard lots, Lot No. i and Lot No. 2 as previously, existed, Copies of Town file and related documents enclosed for your review. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 9, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Abigail A. Wickham, Esq. Main Road P.O. Box 1424 Mattituck, NY 11952-1424 Re: Appl. No. 4211 - Mary Holland (Area Variances) Dear Gail: Enclosed please find a copy of the Board's Findings and Determination rendered at our February 2, 1994 Regular Meeting. Please be sure to return to the Planning Board and Building Department for other approvals necessary for this project. We have furnished the Planning Board and Building Department offices with copies of this determination for their permanent recordkeeping. Also, we have transmitted a copy of your file to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations pertaining to variance projects located within 500 feet of a waterway. Once we have received their written response, we will forward a copy to you for your permanent file. Please call us if you have any questions. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department (Attn: Tom Fisher, Dept. Head) Town Planning Board Page 4 - Appl. No 2111 Matter of MARY HOLLAND Decision Rendered February 2, 1994 Member Dinizio, it was RESOLVED, to GRA/qT the relief as requested under Appeal No. 4211 in the Matter of MARY HOLLAND, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD February 22, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Abigail A. Wickham, Esq. Main Road P.O. Box 1424 Mattituck, NY 11952-1424 Re: Appl. No. 4211 - Mary Holland (Variance) Dear Gail: Please find attached a copy of coK~unications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. This copy is for your update and recordkeeping. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A,I.C.P. DIRECTOR OF PLANNING February 16, 1994 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) which have been referred to the Suffolk County Planning Co~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~HoSey (Stephen) & Schlitt lland, Mary Z~mer, Frank (Cheryl) 4210 4211 4212 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner NOTICI~ OF PUBLIC HEARINGS NOTICE IS HEREBY~ OIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Sonthnid, that the following phblic hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Sonthold Town Hall, $3095 Main Road, Sonthold, New York 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the times specified below: 1.7:32 Ixm. AppL No. 4210- STEPHEN T. VESEY AND CHERYL SCHLITT. Variance to the Zoning Or- i dinance, Article IliA, Section ~ 100-30A.3 for the existing I location of a deck addition ~ "as built:' A portion of the ! deck encroaches in the side] yard. The accessory garageI structure, which has existed, is I also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East ! Marion, NY; County Tax Map Parcel No. 1000-37-3-6. Sub- ject premises contains a lot area of 8,638+ sq. ft. and is located in the R-40 Low- Density Residential Zone District. 2. 7:35 p.m. AppL No 4211- ~ MARY HOLLAND. Variance to the Zoning Ordinance, Ar- ficle III-A, Section 100-30A.3, appealing the Notice of Disap- proval from the Building In- spector, and requesting ap- proval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision applica- tion. Subject premises is iden- tiffed on the Suffolk County ~ Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+ sq. ft. Lot NO. 1 is proposed at 7,153+ sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. LOt No. 2 is proposed at7,147+ sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the norther- ly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preex- isting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Cer- tificate of Occupancy No. Z-22830. 3. 7:40 p.m. AppL No. 4161- BARBARA KUJAWSKI. Re- quest for Special Exception approving an existing Ac- cessory Apartment in con- junction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-3lB(14). Location of Pro- perry: House No. 125 {per Town Records) at the north side of Sound AYenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Matthuck, NY; Coun- ty Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 square feet and is located in the Agricultural-Conservation (A-C) Zone District. The Board of Appeals ,will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitred prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated~January 18, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-1/20/94(25) COUNTY OF SUFFOLK ss: STATF- OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that the notice of which the annexed is a printed copy, ~,~$ heen published in said I.ong Island Traveler-Watchm.n successively, commencing on the ......... .~'~ ~' Sworn to her. re mc this ......... .~. ........ cia), or Notary Public BARBARA A. SCHNEIDER NOTARY PUgLIC, Slate of Now York No. ~80~4S Qualified in Suffolk County Commission Expires P~BLIC HEARINGS NOTICE IS HEREBY GIVEN. pmuam 1o Section 26'/of the Town: ~ Law and the Code of the Town of; Southold, that the following public [ hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southo d Town Hall, 53095 Mais~ Road, Southold, new Yowk 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the times specified below: · I. 7:32 p.m. Appl. No. 4210- STEPHEN T. VESEY and CHERYL SCHLITT. Variance to Ihe Zoning Ordinance, Article Ill-A, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The a~cessory garage slructure, which has existed, is also now partly in a side yard area. Loca- lion of Pwpeny: 2105 Old Orchard Road, Ea~i Marion, NY; County T~x Map Parcel No. 1000-37-3-6. Subject :premi~c~ i:onta] ns a lot area of 8.638~: sq, ft. and is located in the R-40 Low- ~ Density Residential Zone District. · 2. 7:35 p.m. Appl. No. 4211 -- MARY HOLLAND. Vmlance to the Zoning Ordinance, Article ]IlL'A: Section 100-30A.3, appealing the No- rice of Disapproval from the Building inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in Ibis proposed subdivision application. Subject p~mises is identified on the Suffolk Coumy Tax Maps as Dislfict 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14.300-~ 50UTHOLD .-.,~ GERARD P. GOEHRINGER STATE OF NEW YORK) ) SS: ~~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, Coun~ of Suffolk and State of New York, and that the Notice of the annexed is a printed copy, has been ~egular- ly pihed in ~tld Newspaper once ea~ week for ~ weeks s.,Ll~ee_ ss_ively, e._ojnmenein~ on the ~__~y of~19~. Present: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 2, I994 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Southold Town BoaOof Appeals 2 Febr~ 2, 1994 Reg~'f ar Meeting APPLICATIONS No. 4210 - /No. 4211 - No. 4161 - No. 4212 - No. 4213 INDEX PUBLIC HEARINGS FEBRUARY 2, 1994 STEPHEN T. VESEY and CHERYL SCHLITT . MARY HOLLAND BARBARA KUJAWSKI FRANK ZIMMER FARM . IRWIN and AGNES FRICK . Pages 3-6 7_11~-~ 12-17 19-29 30-32 Southold Town Board of Appeals 7 February 2, 1994 Regular Meeting 7:40 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+- sq. ft. Lot #1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. The Chairman read the Legal Notice of Hearing for the record, and the application. MR. CHAIRMAN: We have a copy of the Pre-C.O. in front of me. I have a survey from Roderick VanTuyl, P.C. indicating the division line which does not truncate any ( ) or accessory Southold Town Board of Appeals 8 February 2, 1994 Regular Meeting buildings on the property. The closest frame building, storage building, on Lot No. 1 is approximately 1-1/2 feet at its closest point from the property line, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? How are you, Ms. Wickham? APPEARANCE : ABIGAIL WICKHAM, Attorney for applicant: I'm here representing Mrs. Holland. We have before us what I hope is a simple application to redivide two lots that were divided in separate years and years ago. Two separate houses were constructed on -- each parcel has its own separate accessory buildings, none of which encroach on the other parcel. The driveways are separate. I believe you have a fairly recent survey that shows that the wells and septic systems for each parcel are within the bound of those parcels and the properties are separated by a fairly high hedge. The parcels are basically very similar to many of the other surrounding properties in the New Suffolk area and we ask that you approve the application as submitted. I do want to give you the receipts for the certified mails and if you could put that in the file. Southold Town Board of Appeals 9 February 2, 1994 Regular Meeting CHAIRMAN: Is there any guestimate on the age of these houses? MS. WICKHAM: We think, approximately 1926 or 1930. One of them looks like it has been renovated a little bit recently. The other one ( ). CHAIRMAN: They look like they're in great condition. MS. WICKHAM: Yes. CHAIP~AN: That's why I asked the question. Before you sit down, does anybody have any questions of Ms. Wickham? MEMBER VlLr%: When were they combined? CHAIRMAN: When were they combined? MS. WICKHAM: Quite a number of years ago as a result of .a death of one in the Dawson Family. They were separate and then one of the Dawsons died and it went to the them, I think in the '50s. Southold Town Board of Appeals 10 February 2, 1994 Regular Meeting MEMBER VILLA: It was back that far? Because I was just looking on the Assessors' sheet here and it says from Dawson Estate to Holland and that is dated in 1986. MS. WICKHAM: That's when the property was distributed. BOARD CLERK: Through the Estate. MEMBER VILLA: But it was actually combined in the 1950's. MS. WICKHAM: Even '60s perhaps. CHAIRMAN: Any other questions? MS. WICKHAM: I'm sorry Mrs. Holland would have been here, but she has the flu and I asked if she could be excused so. I hope that if you have any further questions, I'll answer them. CHAIRMAN: Anything else you would like to have the attorney represent for the applicant? MEMBER VILLA: No. Southold Town Board of Appeals 11 February 2, 1994 Regular Meeting C~AI~/~%N: I guess not. Thank you. Is there anybody else to speak either in favor or against this application? Seeing no hands, I'll make a motion closing the hearing and reserving decision until later. Seconded by Member Villa and duly carried. 7:43 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request for Special Exception approving an existing Accessory Apartment in conjunction with the principal dwelling use and residencyby the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Rlverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241. square feet and is located in the Agricultural-Conservation (A-C) Zone District. · The Chairman read the Legal Notice of Hearing for the record and the application. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchle Latharm Jr. Benneii Orlowskl, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L, HARRIS Supervisor Town Hall. 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 TO: Gerard P. Goehringer, Chairman, Zoning Appeals FROM: Richard G. Ward, Chairman~ RE: Proposed Division of land - Mary Holland Jackson Street New Suffolk SCTM9 1000-117-9-19.1 comments on the above This in response to your request for referenced project. The planning Board is in favor of this Set-Off. Consultation with the Building Department confirms that a Pre- CO # Z 22830 was issued for both houses on a single lot. If the variance is granted by your Board the Planning Board will proceed with a Set-Off application. APPEALS BOARD IVIEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MF~ORANDUM Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: {X ) Planning Board { } Building Department ( } Town Trustees Board of Appeals January 19, 1994 Our Coordination Request for Preliminary Comments Proposed Division of Land - Mary Holland Property ID 91000-117-9-19.1 (Common Ownership) The agent for the applicant in the above project has confirmed with our office that she has filed maps on a preliminary level with the Planning Board Office for reviews. Since the application before this Department concerns a request to reduce the lot area for proposed Lot No. 1 and Lot No. 2, as well as reduced lot width/depth in this R-40 Zone District, you may wish to refer your suggestions or comments on how the overall layout should be changed or modified before a variance determination is rendered. We have provided Bob Kassner, Site Plan Reviewer with copies of a Pre-Existing Certificate of Occupancy for two dwellings with accessory buildings on this parcel (CTM Lot 919.1). You should also be aware that an adjoining set-off (CTM Lot 15, now 15.1 & 15.2) was created by the Planning Board (confirmed by Town Board Resolution in 1980) and ZBA in 1979 for Frank and Margaret Dawson (predecessors of the subject lot as well). As confirmed with Bob, we have advertised the variance application for a public hearing to be held on February 2, 1994. Therefore, we are requesting your general, preliminary comments concerning its layout by that date. Thank you. · CATHERINE MESIANO, INC. Asset Management Real Estate Consultant · January 13, 1994 Ms. Linda Kowalski, ZBA Clerk Southold Town Board of Appeals Town Hall 53095 Ma'm Road P.O. Box 1179 Southold, NY 11971 Re: Application of Mary Holland for Variance for Set-off Dear Linda: Please be advised that the Southold Town Building Department issued a Pre-Exisling Certificate of Occupancy on January 10, 1994 for the property which is thc subject of the above referenced application. A copy of same is enclosed herewith. Should you require any additional information, please do not hesitate to call. Very truly yours, Catherine A. Mesiano, President Enclosure P.O. Box 1981 · Riverhead, New York 11901-0964 · 516.727.1354 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTME~IT Office of the Building I~spector Town }{all Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22830 Date JA_NUD~Rf i0, 1994 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2155 JACKSON ST. & 415 THIRD ST. NEW SUFFOLK~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 9 Lot 19.1 Subdivision Filed Map No. __Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9r 1957 pursuant to ~,hich CERTIFICATE OF OCCUPANCY NUMBER Z-22830 dated JANUARY J.0, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO ONE FAMILY DW~.LLINGS WITH TWO ACCESSORY STORAGE BUILDINGS * The certificate is issued to of the aforesaid building. MARY HOLLAND (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 - 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: January 5, 1994 RE: Zoning Appeal No. 4211 - Mary Holland Transmitted herewith is Zoning Appeal No. 4211 of Mary Holland for a Variance. Also included is Notice of Disapproval from the Building Dept. dated 9/17/93; copy of map of property; letter from Catherine Mesiano dated Decmeber 28,, 1993; Short Environmental Assessment Form; ZBA Questionnaire; copy of deed; copy of ZBA decision for Appeal No. 2513; letter of Catherine Mesiano dated January 3, 1994; Notice to Adjacent Property Owners. Judith T. Terry Southold Town Clerk FORM NO. 4 TOWN OF SOUTIIOLD B[J II,DING DEPARTMEIIT Office of tile Building I ~spector Town [{all Southold, N.Y. JhN I 4 PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22830 Date JANU~Rf 10~ 1994 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2155 JACKSON ST. & 415 THIRD ST. NEW SUFFOLK~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 9 Lot 19.1 Subdivision Filed Map No. __Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9~ 1957 pursuant to ~hich CERTIFICATE OF OCCUPANCY NUMBER Z-22830 dated JANUARY ,!.0~ 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO ONE FAMILY DWELLINGS WITH TWO ACCESSORY STORAGE BUILDINGS * The certificate is issued to of the aforesaid building. MARY HOLLAND (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 ,- IIIIILD INC " TO'JN OF SOUT]IOLD LOCATION: SUBOIvISION NAME OF OWNER I1OUSING CODE INSPECTION REPORT 415 THIRD STREET (number & sgrcet) MARY HOLLAND NEW SUFFOLK, N.Y. MAI' NO. (.,unit il)at it y LOT ( :; ) OCCUPANCY SINGLE FAMILY (type) (owner-tcnaDt) ADMITTED BY:. MARY HOLLAND ACCOMPANIED BY: MARY HOLLAND KEY AVAILABLE SUFF. CO. TAX MAP NO. {000-{.{?-9-19.! SOU~C~ OF REQUEST: CATHERINE MESIAMO, INC. DATE: JAM. 3, {994 DWELLING: #2 T~PE OF CONSTRUCTION WOOD FRAME FOUNDATION C6NCRETE BLOCK TOT/~L ROOMS: ]ST FLR. '3 BATIIROOM (s) ONE FuLL BATH. PORCH TYPE OPEN FRONT BREEZEWAY DO}~STIC D0~ATER YES. TYPE UEAT OIL O~IER: STORIES 2 # EXITS 2 TOILET ROOM (s) __-- -- DECK,· TYPE FIREPL%CE NO TYPE HEATER ELECTRIC ~ WAP~AIR , ~A,.~ XN CLosET (PANTRY/ CELLAR PARTIAL · 2 3RD FLR. UTILITY ROOM · PATIO, TYPE GARAGE AIRCONDITIONING DO~ATER XX CRAWL SPACE ACCESSORY STEuCTuRES: 0A~.AGE, ~E OF cONST. S~LMMING POOL OTIIER: PRIVY (POOR CONDITION) BARN STRUCTuitE WOOD STORAGE, TYPE CONST.FRAME STORAGE BUILDINGS · GUEST, TYPE CONST. VIOLATIONS: CI~%PTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION -. DESCRIPTION ART. SEC. REMARKS: INSPECTED BY: ~ , DATE ON INSPECTION JAN. 6, 1994 TIME START 9:30 AM ENIJ 9:45 AM LOCATION: SU~O~VISION NA~E OF OV~ER (s) BUILDING DEPART2',~NT TOWN OF SOU~IOLD }lOUSING CODE INSPECTION REPORT 2]55 JACKSON STREET NEW SUFFOLK, N.Y. (number & street) (.,unicipalit¥ l~p NO. I.OT (=) MARY HOLLANO OCCUPANCY 'SINGLE FAMILY (type) ADMhraD BY:: MARY HOLLAND K~2Y AVAILABLE ' SOULC3 OF REQUEST: MARY HOLLAND ACCOMPANIED BY: SURF. CO. TAX HAP NO. 1000-11779-19.] CA'rti~:Rll~. MESIANO~ INC. DATE: JAM. 3, 1994 DWELLING: ~! TYPE OF CONSTRUCTION WOOD FRAME FOUNDATION TII~ BRIC~ & CF2~lfr TOTAL ROOMS: IST FLR. 5' BA~ROOH (s) O~ PORCD ~E 2 FRO~ CO~D B~EZE~AY DO}~STIC HO~A~R ~$ '~E ~AT 0IL O~IER: ' W~ IN AWl'l[ 2ND FLR. TOILET ROOM (s) _ _ DECK, TYPE FIREPI~ICE NO TYPE HEATER LILCO GAS WARM AIR ~ STORIES I-1/2 { EXITS 2 CELLAR 3/4 CRAWL SPACE 2 BP.I) FLR. - - m/4 UTILITY ROOM _ _ · PATIO, TYPE _ _ GARAGE - - AIRCONDITIONING HOTWATER ACCESSORY STRUC£ugES: GARAGE, TYPE OF C0NST. S~h-NMING POOL OTUER: wOOD FRAME SOME STUCCO STORAGE, TYPE CONST. TOOL SIteD · Gl/EST, TYPE CONST. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION :. DESCRIPTION ART. SEC. REMARKS: INSPECTED BY:., DATE ON INSPECTION TIME START 9:45 JAN. 6, 199~ EN]~ 10:05 CATHERINE ME$IANO, INC. Asset Management Real Estate Consultant · December 28, 1993 Southold Town Board of Appeals Town Hall 53095 Ma'm Road P.O. Box 1179 Southold, NY 11971 Re: Mary Holland Tax Map # 1000-117-9-19.1 Gentlemen: Enclosed please find a completed application for a variance to pcmdt the set-off of the above referenced applicant's property. It should be noted that the parcel involved in this application was previously two single and separate lots, each having been improved prior to 1930. The properties appear to have been merged as a result of the inheritance of both parcels by the same individual. It should also be noted that the granting of a variance allowing the proposed set-off w'fll cause there to be no greater density in the area, nor will there be any other influence on the surrounding area as a result thereof. Should your require any addition information, kindly contact Catherine Mesiano at 516-727- 1354. All correspondence should be directed to P.O. Box 1981, Riverhead, NY 11901. The Board's consideration in this matter is greatly appreciated. Very truly yours, Catherine A. Mesiano, President Enclosures cc: Southold Town Planning Board Squthold Town Build'rog Department P.O. Box 1981 · Riverhead, New York 11901-0964 · 516.727.1354 CATHERINE MESIANO, INC. Asset Management Real Estate Consultant · December 28, 1993 Southold Town Plamfing Board Town ltall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Mary Holland Tax Map # 1000-117-9-19.1 Gentlemen: Enclosed please lind a completed application lbr a set-off of the above referenced applicant's property. An application for a variance has been subnfitted to the Board of Appeals for stone. It should be noted that the parcel invo ced in ttfis application was previously Iwo single and separate lots, cacb having been improw:d prior to 1930. Thc properties appear to have been merged as a result of tbc inheritance of both parcels by Ihe same individual. It should also be noted that thc proposed set-off will cause there to be no ,greater density in thc area, nor will there be any other negative influence on ihe surrounding area as a result thereof. Should your requh'c any addition inlb~xnation, kindly contact Catherine Mesiano at 516-727- 1354. All con'cspondcnce should bc directed to P.O. Box 1981, Rivefliead, NY 11901. The Board's consideration in this matter is greatly appreciated. Very truly yours, Catherine A. Mcsiano, President Enclosures cc: Southold Town Board of Appeals Soulhold Town Building Department P.O. Box 1981 · Riverhead, New York 11901-0964 · 516.727.1354 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.Q.R.A. ~PE II ACTION DECLARATION January 5, 1994 Appeal No. 4211 Project/Applicants: County Tax Map No. Location of Project: Mary Holland 1000- 117-9-19.1 415 Third St. & Jackson St., New Suffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Sub-divide 10t with insufficient depth, width 8nd area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 N~CRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the ~lrpe II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as 8~nended February 14, 1990}. Although this action is classified as T~e II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(33)}, this determination shall have no affect upon any other agency's interest 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, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOA~DOFAPPEALS TO%VNOFSOUTHOLD January 18, 1994 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 Catherine A. Mesiano, Inc. P.O. Box 1981 Riverhead, NY 11901-1981 Re: Appl. No. 4211 - Mary Holland (Variances) Dear Ms. Mesiano: We are in receipt of the above-referenced variance application requesting approval of the insufficient area, width and depth of proposed Lot No. 1 and Lot No. 2. Notice of the public hearing has been forwarded to the Long Island Traveler-Watchman and Times-Review newspapers for their publication this Thursday. The public hearing has been set for Wednesday, February 2, 1994, and will begin at 7:35 p.m. A copy of the Legal Notice is attached with further details. If possible, please have the owner appear in behalf of her application. If additional time is needed, it will be made available for you. Please note that amendments for other relief are permitted only by separate application, if deemed necessary by you, since the description in the Legal Notice is limited to the request being made in the application at the date of filing and the grounds of Disapproval issued by the Building Inspector. In the interim, the application is expected to be further reviewed and structures inspected by the Board Members within the next 10 days. You may want to call us prior to the hearing. If you have any questions, please feel free to contact our office. Yours very truly, Linda Kowalski Enclosure Clerk, Board of Appeals CATHERINE MESIAN0 Asset Management Real Estate Consultant January 3, 1994 Ms. Linda Kowalski, ZBA Clerk Southold Town Board of Appeals Town Hall 53095 Ma'm Road P.O. Box 1179 Southold, NY 11971 Re: Mary Holland - Variance Application Dear Linda: Enclosed please find the four executed and notarized Proof. of Ma'fling Notices for the above referenced application. Should you have any questions or comments, please do not hesitate to call. Very truly yours, Catherine A. Mesiano, President Enclosure P.O. Box 1981 · Riverhead, New York 11901-0964 · 516.727.1354 PROJECT I.D, NUMBER I 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Ao01icant or Project sOonsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Wickham Wickham & Bressler I Mary Holland M.mciD..~ New Suffolk cou.~ Suffolk SEQR NW corner Jackson Street & Third Ave. New Suffolk ~New ~Exoa.siofl ~Meefflcmtlofl/altetatio. Modification of lot lines only. 6. OESCRIBE PROJECT BRIEFLY: Subdivision of parcel pfesehtl~-imp~¥~d-~fth t~o single dwellings and various accessory buildings into two separate parcels. No new construction. 9. WHAT lB PRESENT LAND USE IN VICINITY OF PROJECT7 Southold Town Planning Board Two lot subdivision approyal. 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOB,FICATION? KNOW[EDGE D.,.= ' '?3 l I! the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I .iContinued on reverse side) The N.Y.S. Environmental Quality Review Ac~erequires submissiom · before any action is taken. (a; fn order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It ia not expected that (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d} ~nvironmental Assessme~ 1. Will project result in a large physical 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 ~n~ual land form on the site? ___~es X No 3. Will project alter or have a large effect on a~ existing body of water? Yes X No 4. Will project have a potentially large impact on groundwater quality? ~_Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ' Yes X_~No 6. Will project affect any threatened or endangered~ plant or animal species? _ Yes ..XNo 7. Will project result in a major adverse effect on- air quality? Yes ~ NO 8. Will project have a major effect on visual char- .- known to be important to the community? . ..__Yes X No 9. Will project adversely impact any ute of historic, Pre-historic, o~ site or struct- · paleontological importance or any site designated as a critical envircumental area by a local agency? Yes 10. WAll project have a m~jor effect on existing or~ future recreational opportunities? ~es 11.Will project result in major traffic problems or cause a major effect to existing transportation -' ' systems? __Yen X___~o 12. Will project regularly cause objectionable Odors, noise, glare, vibration, Or electrical disturb- .. ante as a result of the project's operation? ~Yes XNo 13. Will project have any impact on public health Or safety? 14. Will project affect the existing co~ununity by ~es X.__.No directly causing a growth in permanent POpula- tion of more than 5 percent Over a one-year ___Yes ~ No period or have a major negative effect on the charact~ of the community or neighborhood? ~. Is there public controversy COncerning the QUESTIO~AIRE FOR FILING 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: (Separate sheet may be attached.) Mary Holland Owner B. Is the subject premises listed on the real estate market ~or sale. or being shown to prospective buyers? { } Yes { X} No. (If Ye.s, p]~sa a~--h CDt::m]' 0.~ "cond/~n~" of Sale.) C. Are there =~z~ ~rupomalm tm =han~e uA alter land { } Yes {x} No De 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaaed between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=as which e~t ~nd are not ~hown ~n the survey map that you a~ submitting? none If none exist, please state "none." · G. DO you have any construction taking place at this time concerning your premises? none If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Twn s~nq]e f~milv dwellinqs ~Dd accessory buildings and proposed use '.~ Signa~ur n~ Dare ' 3/87, .10/901k § 9%13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sourhold. [A. dded ~1-5-~4 by L.L..N'o. 6-1984] W~ ~--LA~NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_~T. N~. 6-1985]: '-f,~;- ',' -~? ~[DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flaIs or other ]ow lying lands subject to tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high hush, cattails, groun~:L~el, marshrnnl!ow (3) (1) All lnnd immediately ~djacent ~ a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS:. "Freshwater wedands" as defined in Article 24. fie 1. § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediateh' adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 z. -*s- ss CON- IbEKAT ~ON TAX MAP DESIGNATION I):,I 1000 S~ 117,I)I> m~ 09.00 ~19.00~ 10000 ? 363 'WHIM INDF-~P~-, made the 6th day of ~iarcn , nineteco hundred and Eighty-Six BE'I~ JOHN S. DAWSON, residing aa (No tt) Pequash Avenue, Cut,:hogue, New York 11935, as Devlsee under The Last Will and Testament of FRANK S. DAWSON, who died a resident of Suffolk County on 9/27/83, party of the first part, ~nd NARY E. HOLLAND, residing at (No ~I) Jackson Street, New Suffolk, New York 11956, party of the second part, WITNF-g~I~'TH, that the party of the first part, in consideration of Ten Dollars and o,t.h,er valuable consi,der,atign paid by the party of the second part, does hereby grant and release unto the party ot tne seconll part, the nears or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parce! of land, with the buildings and improvements thereon ©retted, situate, lying and being i~lL~ at New Suffolk, Town of Southold, County of Suffolk and State of New York, be±rig more par:lcularly bounded and described as follows: BEGINNING at a point marking the intersection of the northerly line of Jackson Street and the westerly line of Third Street; running THENCE along the northerly line of Jackson Street North 85° 22' West 101.25 feet to the land of Price; running THENCE along said land North 05° 04' East 141 running THENCE along said land South 85° 26' 00" East line of Third Street; running THENCE along said line South 05° 08' 00" West or place of BEGINNING. O0'l .06 feet to land of Gandolfi; 101.41 feet to the westerly 141.18 feet to the point NAR 19 r. This premises is not subjec~ to a credit line mortgage. TOGETIlER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuning the above described premises to the center lines thereof; TOGETIlER with the appurlcoances and all the estate and rights of the pirty of the first part in and to said pr¢lnises; 'FO ttAVE AND TO }{OI.D the premises herein granted u'~to the party of the second part, the heir~ or successors and assigns of tile party of the second part forever. AND the party of tile first part cove.~ants that the party of the first part has not done or suffered anything whereby the said premises have been :ncumbered itl any wa)' whatever, except as aforesaid. AND the Dirty of the first part, in compliance with Section 13 of the Lien Law, coYenants that the party the first part will re~k~t~r~l~7lll~ conveyance and will bold the right to receive such consid~ eration as a trust fund t~-'~e'~J~ll.eit.~t~ ..{~t~le purpose of paying lbe cost of the improveanent and will apply the same first to the [~tnenf of the ~ost ~.s0ile~t~itsaprovc-nlent before using an) t~rt of tile total of the saane for any other purpose .... The w~ord "lmrty" shall be construe~ as if it read "parties" wbeneve~ £hc ~c~$¢ of this indenture so requires. IN WrFNF_.s.5 WHEREOF, the party of the first part bas duly executed this deed the day and year first above written.// . On the 6th person'lly came JOHN S. DAWSON SUFFOLK ss: ~T;i~;F e YORK. COUNTY OIr 19 86 , before me d~y of personally came described in and who to me known to be the individual W~LUAM W1CK ~JVl / ~Y ~SLIC. Stata ~ N~ ~ STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporatlo,] described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the ~,e~l affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of sa!:l corpora- tion, and that hc signed h name thereto by like order. 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ~TATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by mc duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same', and that he, said witness, at the same time subscribed h name as witness thereto. ~'ll}{ COVENAN[ AGAINSI GRANIOR'5 ACIS TITLE NO. FRANK S. DAWSON, as Devisee under the LW&T of FRANK S. DAWSON TO MARY E. HOLLAND TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request c~ r~co~ lqtle Guaranmu Company R]ITU]~t BY MAIL TO: WILLIAM WICKHAM, ESQ. WICKHAM, WICKHAM & BRESSLER, P.C. P. O. BOX 1424 Mattituck, New York 11952 Zip No. E TO%~q~I OF ~OUTIIOI,D, NEVI YORK DATE .......... 9 Appeal No. 2513 Dated December 28, 197~ ACTION OF THE ZONINO BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Frank Dawson AppeHant Jackson Street New Suffolk, New York 11956 at a meeting of the Zoning Board of Appeals on February 8, was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinanc,~ (X) Request for a variance to the Zoning Ordinance ( ) 1979 the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Board it was determined ~at e special exception ( ) be ~anted ( ) be de,ed pursuant to Article .................... Section .................... Subsection .................... para~a~ .................... ~ ~e Zon~ug Ordnance and the dec,ion of the Building Inspector ( ) be reversed ( ) be co~med b~a~e 7:50 P.~. (E.S.T.) Upon applicat±on of Frank Dawson, Jackson Street, New Suffolk, New York, for a variance ~o the Zon±ng Ordinance, ~rt±cle III, Section 100-31 A I for perra£ss~on ~o d~vide prope~y ~nto ~wo lo~s wlCh insufficient area and frontage. Location of property: Fourth S~reet, New Suffolk, New York, bounded on the north by Eksterowiez; east by Gandolf1 and Dawson; south by Jackson Street; west by Fourth Street. ~Oeo - i/~-~-- /~ I ~ /~.~- 2. ~ARIANCE. By resolution of the Board it was delermined that (a) Strict application of the Ordinance (would) (would not) F;'oduce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (i~ not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested ~arianee ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be revezsed. FORM ZB4 SEE REVERSE ~[i~ ZONING BOARD OF APPF. AL~ / After ~nvestigat~on and inspection the Board finds that the applicant wishes to divide a parcel of property on th~ ~orner of Jackson Street and Fourth Street into two lots containing 100 feet of road frontage each on Fourth Street and 101 feet in depth. The size of these newly created lots is larger than most of the lots in the surrounding area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood an~ will ~b$~rv~ th~ sFirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Frank Dawson, Jackson Street, New"Suffolk, New York, be GRANTED permission to divide property into two lots with insufficient area and frontage as requested. Location of property: Fourth Street, New Suffolk, New York, bounded on the north by Ekstero- wicz; east by Gandolfi and Dawson; south by Jackson Street; west by Fourth Street. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. ~)~OLD TOWN BOARD OF APPEALS -~- February 8, 1979 in a B light district, they need a variance. I think the property ~/was zoned B before the more sophisticated zonin9 of the Town of Southol~. After investigation and inspection the Board finds that the appli- cant wishes to operate a kitchen cabinet showroom and workshop. Before the more sophisticated zoning ordinance of the Town of Southold was enacted, this was a permitted use in the zone in which this property is located. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship cre- ated is unique and would not be shared by a~l properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion of Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED, that Colony Cabinets, Inc., (Robert Annison, as Agent), North Road, Southold, New York, be GRANTED permission to operate a kitchen cabinet showroom and workshop, as requested. Location of property: North Road (C. R. 27), Southold, New York, bounded on the north by North Road (C. R. 27); east by North Road Associates; south by Goldsmith; west by Klein, subject to the following conditions: (1) the prior written approval of the Board of Appeals. (2) Vote of the Board: Ayes: Messrs: Douglass. If any change is contemplated in this business, it must have Suffolk County ~lanning Commission Approval. Gillispie, Grigonis, Tuthill and PUBLIC HEARING: Appeal No. 2513 - Upon application of Frank Dawson, Jackson Street, New Suffolk, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 A 1 for permission to divide property into two lots with insufficient area and frontage. Location of property: Fourth Street, New Suffolk, New York, bounded on the north by Eksterowicz; east by Gandolfi and Dawson; south by Jackson Street; west by Fourth Street. ~--~-- /5-7./~ /5-. ~ ~i5~ ~ The Chairman opened the hearing by reading the application for a vari- ance to the Zoning Ordinance, legal notice of hearing, affidavits attes- ting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: John Eksterowicz, Margaret Dawson and Newman Estate. Fee paid $15.00 TH~: CHAIRMAN: The applicant has a sketch at:ached in addition to ~:he County Tax Map which indicates adjoining the applicant's 200' by 201' !o~ on the corner of Jackson and Fourth Street immediately to the~~ SOUT~OLD TOWN BOARD OF APPEALS -5- February 8, 1979 east are three improved lots of 75' by 100' or 7,000 square feet each. Across the street is a 15,000 square foot lot. In the adjoining block to the east there are lots as small as 25 feet wide and I think that is a record for New Suffolk. There are a number of lots in New Suffolk that are 45 feet or 50 feet wide. As the applicant states the areas has a lot of undersized lots by today's standards of the Zoning Ordinance. Is there anyone present who wishes to speak on behalf of this application? HOWARD TERRY: 'i am appearin~ here as a friend of Mr. Dawson and not in any professional manner. Included in the file is an amended notice to Gandolfi which used to be the Newman Estate. I think the application speaks for itself. The proposal is to set off the northerly 100 feet of the 201 feet as a separate lot. As you note from the sketch and the tax map of the area, this division will not be out of line with the average of the lots in the neighborhood. To the east on First Street there is a water problem. On this street there is no water problem. I have been familiar with this property for the last 25 years. Mr. DaWsoh has owned"this~10t prior-to m~ empi0~ment with the Town. I was familiar With it then. Each and every lot in that area was owned by single and separate ownership. The Eksterowicz lot to the north has a main house and cottages. Across the street on the west side of Fourth Street ..... THE CHAIRMAN: This is all in the same block? MR. TERRY: Yes. Mr. Dawson himself lives on the corner of Third Street and Jackson Street. The M. Dawson property is a rental property. New Suffolk is unique in that it is an old waterfront town with small houses and small lots. I think what Mr. Dawson is asking for is nothing more than the average that the neighbors have. I ask that you approve his application. THE CHAIRM~N: The northerly half approximately is what Mr. Dawson would like to have granted, is that right? MR. TERRY: Yes. 100 feet on Fourth Street and 101 feet deep. The balance of the property would be in the southerly lot.on the corner of Fourth Street and Jackson Street. THE CHAIRMAN: This division would be just about in half? MR. TERRY: Yes. We would like to set off the northerly 100 feet. THE CHAIRM3~N: Is there anyone else who wishes to speak on this appli- cation? (there was no response.) Is there anyone who wishes to speak against this application? (there was no response.) After investigation and inspection the Board finds that the applicant wishes to divide a parcel of property on the corner of Jackson Street and Fourth Street into two lots containing 100 feet of road frontage each on Fourth Street and 101 f~et in depth. The size of these newly created lots is larger than most of the lots in the surrounding area. The Board agrees with the reasoDing of the applicant. SOUTHOLD TOWN B~RD OF APPEALS -6- February 8, 1979 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Frank Dawson, Jackson Street, New Suffolk, New York, be GRANTED permission to divide property into two lots with insufficient area and frontage as requested. Location of property: Fourth Street, New Suffolk, New York, bounded on the north by Eksterowicz; east by Gandolfi and Dawson; south by Jackson Street; west by Fourth Street. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. ~ PUBLI~HEARING: Appeal No. 2514 - Upon application of Rosen- berg and Gertrude Rosenberg, Indian Neck Lane, Peconic York, for a variance 'in. accordance with Section 280A of the for recog- nition of access. Location of property: Indian Ne( , Peconic, New York, bounded on the north by Rosenberg; east Rust; south by Cohen; west by ~enberg. The Chairman op~'~d the hearing by readin~ application for a ~ variance to the ZoniH~.Ordinance, legal not of hearing, affidavits attesting to its publication in the offi newspapers, and disapproval f.rom the Building Inspec~gr. The Chai] also read a statement from the Town Clerk that notification by Ce Mail had been made to: S. Cohen and H. Rust. Fee paid $15.0( THE CHAIRMAN: The applicatibD accompanied by a map indicating the area. The depth of the prop, from Indian Neck Lane is 1417 feet more or less. The applicant's tivision consists of four lots. The ~pplication is for lot No. 3 ~subdivision. This lot is the second one in from Indian Ne~ Lane, ~nd contains 54,000 square feet. The other lots in the subdivision contain 81,000 square feet, 54,000 square feet and 135,000 s.q~are feet. I~there anyone present who wishes to speak for thi%/application? (~here was no response). Is there anyone who wishe~'to speak against t~is application? (there was no response). ThCS. is a formality real~. The applicant has an excellent access which is black topped, land,aped and at least 15 feet wide. In ord~ to get a building permit ~or Lot No. 3 recognition of access is sectary and so we are holding th~ hearing. --/ .- After inves~gati?~ and inspection the Board finds ~hat.the appli- cant requests/~ecognit~on to lot No. 3 of his minor~umdivlsion located on Indian NeCk Lane, Peconic, New York. The access i~black topped, beautifully/landscaped and at least 15 feet in width. ~he Board agrees~_~ with the r~asoning of the applicant. .).~ ~ _//?_ ?_/~/ TOWN OF SOUTHOLD P~I(OPERTY RECORD CARD OWN ER FORMER OWNER STREET VILLAGE DISTRICT SUB. ACREAGE ~, TYPE OF BUILDING LOT. RES. LAND SEAS. IMP. VL. &// TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 qllable 3 ¢ooSland Swampland ! Brushland House Plot FRONTAGE ON WATER /oo ~ r, FRONTAGE ON ROAD /~,~ BULKH~D DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD' OWNER STREET ..~-0 0 VILLAGE DIST. SUB. LOT FORMER OWNER N E ' '~ ,'- S ~ W ~PE OF BUILDING RES. ~// S~S. VL. FARM CO~. CB. MICS. MEt. Value ~ND IMP. TOTAL DATE R~RKS tillable FRONTAGE ON WATER N~land FRONTAGE ON ROAD ~eodowlond DEPTH ~ouse Plot BULKH~D rotel ~ ,:s-~ . '~' ,, CU T£H~GU£ HA~ NEW ,~ ,.. ~DWARD K. HOLLAND, JR. 50-546/214 MARY D. HOLLAND N W SUFFOLK, NY 11956 I:Oa[hOSh&h~: &[ OOOSit h"' ~07 1607 I $ OL~ FOR: RECEIPT 049262 JUDITH T. TERRY, TOWN CLERK Town o! Southold Southold, New York 11971 Phone: 516-765-1801 .ECE,WD 0~ '-rn ~,,,.,.y,, BOARD OF APPEALS. TOWN OF SOUTHO~D In the Matter or the Petition of : Mary Holland : to the Board of A_ppeals of the Town of $outhold : TO: NOTICE TO ADJACE~T PROPERTY OWiqER Karen Gandol fi Box 605 Third Street New Suffolk, NY 11956 YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Board {}f Appeals of the Town of Southold request a ~e} (Spedal Exception) (Specia~ Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: NW corner Jackson Street and Third Street, New Suffolk NY 3. Thai the property which is the subject of such Petition is located in the following zoning district: R-40 4 That h~, such Pelition, the undersigned will request the following relief: Permission ~.o subdivide th~ property into two lots. · S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Sect/on lOO-30A. 3 - [ ] 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 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. (516) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the' Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, ne'wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have right to appear and be heard at such hearing. S:_Mary Holland Post Office Address Jackson St. P.O. Box 617 New Suffolk, NY 11956 Tel. No. ( ) [Copy of sketch or p]an showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS f I~5.c 339 005 081 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~ Y . being duly sworn, deposes and says that on the ~ rp day of ~~ ,19 ~ ,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; tha~ the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current a~sessment roil of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- ~(fegistered~r) O r~o ~Dmail~, ~ ; thai said Notices were mailed to each of said persons by - Sworn to~:~fore me this ~ day of. C~,7/~-~-z--¢~ , 19 ~,z' ~ , . A,a~AiL A WiC~ HAM "- -- NO 52.4642~1 -- -,~'~ in suffolk CountY_ transmitted to adjoining (This side does not have to be completed on form property owners.) . BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petidon of : to thc Board of Appeals nf the Town nf Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thai it is the intention of the undersigned to petition 'the Board nf Appeals of the To'am of Southoid to request a ~c-~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of thc Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h'~ such Peddun, the undersigned will request the following relief: S. That the provisions of the Southold Town Zoning Code applicable to the relief Sought by the under- signed are Article ~ ' Section (O0- .~F ..~ [ ] Section ~80-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 the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there exaj~ine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on thc matter by the Board of Appears; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owners'~(ames: ~/~.£y ~/o//q~.~ Post Tel. No, (61~) 7~T-/5~ [Copy'of sketch purposes,] or plan showing proposal to be attached for convenience JAN - 5'tg94 PROOF Of MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM~ ~ . ADDRFSS P' 358 214 738 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) 9 7/- # 77 STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK) /~e]y I being duly sw°rn' dep°ses and says that on the ~r~' day of --..J~zy_,2~o~] ,19 ~ cf' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold that said Notices were mailed at the United States Post Of- [terrified) (registered) mail. , residing at /2- /~1LL- ~dA~D' L~ . Sworn tO b_~ore me this ~d /' Notary Public ; that said Notices were mailed to each of said persons by / (This side does not have to be complet'ed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Mary Holland : tO the Board of Appeals of the Town of Southold : TO: Helen S. Price & Marilyn 2653 East Ridge Drive Palm Harbor, FLA. 34683 Herschfeld NOTIC£ TO ADJACENT PROPERTY OWNER 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(j~-~nc~ (Special Exception) (Special Permit) (Other) [c±rcle choice] ). 2. That the property which is thc subject of the Petition is located adjacent to your property and is des- cribed as follows: NW corner Jackson Street and Third Street, New Suffolk, NY 3. That thc property which is the subject of such Petition is located in the following zoning district: R-40 ' 4 That b'~ such Pedtion, the undersigned will request the following relief: Permission tQ subdivide the property into two lots. · S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section lO0-30A, ~ '- [ ] 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 thc relief specified above will be filed in the Southold Town Clerk's Office at Main Road 5outhold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the' Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travelcr-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner 0wners'Names:2_Mary Holland Post Office Address Jackson Street P.O. Box 617 New Suffolk, NY 11956 Tel. No. ( ) [Copy of sketch or purposes.] plan showing proposal to be attached for convenience ,JAN - 5 PROOF OFMAILINGOF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P~339 005 078 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /~ \/ , being duly sworn, deposes and says that on the ~ ~ ~' day of '/ 9~ ~_~. ~_ ~'tw .19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direr'ted to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currcnt~sessment roll of the Town of Southold;that said Notices were mailed at thc United States Post Of- rice at ~-~O~T,~a Uh ./~.) ~' ; that said Notices were mailed to each of said persons by (Certified) ([egistered) mail. Sworn to~..~erc me this ~ b/ABiGAj~ A VV~CKHAM Nota,~/Pub!ic, S~a~e ot N~ York Qua ~f~od n .;~ ffo~k aoun~y ~ C~m~ ssion Exp~' }s ~Dt 30, ~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Mary Holland zotheBoardofAppealsoftheTown of Sou~hold TO: Helen S. Price 2653 East Ridge Drive Palm Harbor, FLA. 34683 NOTICE TO ADJACENT PROPERTY OWNER 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 V~!ia~c~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: NW corner Jackson Street and Third Streett New Suffolkt NY 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That b~ such Petition, the undersigned will request the following relief: Permission to subdivide the property into two lots. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IIIA Section 100-30A.3 [ ] 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 the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you ma),, then and there examine the same during regular office hours. {516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner~ Owners'Names: Mary HO~land PostOfficeAddress Jackson St. P.O. Box 617 New Suffolk, NY 11956 Tel. No. ( ) [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS AODRESS P 339 005 079 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ('~/'j-T,.'-.tC=TEiA,/.~ /. /~"~</~.u~, ,residingat 12.- /Vlicc f~JP c.~ ~. /V x/ ! i q~4o , being duly sworn, deposes and says that on lhe ~ "F day of ..Jo_ ~t C,L~ r w ,19 9 ? , deponent mailed a true copy of thc Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at thc United States Post Of- fice at -..,~o o r~oc-p )~) ¥ ; that said Notices were mailed to each of said persons by (certified) (registered) mail.~_/(./~~ / /(~,~z__¢.~ ~__'~/~// ' ' ' · Sworn to b.~cf..ore me this ~ ~./ day of.;--,r.~-d.~./-~?.~ ,19 ~ -,F ' Notary, Public v ABIGAIL A, WICKHAM Nota;'y Public, State of New Yo~ No 52-~642871 ; Exph':~s Ge~t. 30, 19 ~ (This side does not have to be completed on form transmitted to adjoining property owners.) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS i SENDER: · Complete i~ms t and/or 2 for additional .ervicem. ; Combiste items 3, and 4~ & b. Print your name and address on the reverse of this form so that we can return this card to you. · Attach this form to ~e front of the meilpiece, or on the back if space does not permit. I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. ¢: delivered. O 'o 3. Article Addressed to: E- o. '2.¢.'53 5. Signature(Addressee) 6. * ' 4~ Article Number . oo 5 o'1 f ° 4b. Se~ice Type ~, ~ t ~ ~ ~ ~ Registered ~ Insured I ~' ExoreSs M il ~ R~um Receipt for ~ ~ ~ . a Merch~dise 7. Date~f Deli~ / /~ 8. ~ddreeee(~ ~ddm~ {Onl~ i~ mqu*~t~d ~nd fee i~ p,id} 2 DOMESTIC RETURN REC~.iPI oO STATE OF NEW YORK } COUNTY OF SUFFOLK) /V ~/ / / 9 ~o , being duly sworn, deposes and says that on the 'RrP' day of ~)o- ~t ~ o ~-,~ .19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direc{ed to each of the above-named persons at the addresses set opposhe their r~pective names; that thc addresses set opposite thc names of said persons are the addresses of said persons as shown on thc current assessment roU of the Town of 5ourhold; that said Notices were mailed at the United States Post of- ncc. (certified) (registered) mail. Sworn tO b_.~c me this ~ ~./ day of._--~¢/../-A/~/ . 1~ ~ -// ' Notary Public ' ABIGAIL A. WICKHAM Notary Public, State of New York No. 52-4642871 , Qualified in Suffolk County c~/~ Commiss on Exp r~s Sept. 30 19 ~ ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEtP'rS NAME ADORESS ~ 3. A~cle Address~ to: I ~. A~icle Numar E &A , ~ ~ I ~R~lflsured ~ ~m ~1 ~D~ber 1991 ~3.~1~-n4 DOMESTIC RETURN RECEI~ STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK) , , being duly sworn,dcposes and says that on the ~rp, day of ----J ~ ~- ~- ~ ~'-¢ ,19 ~/' 0 dep'onent mailed a true copy of the Notice set forth on the re' verse side hereof, d~rected to each of the above-named persons at thc addresses set opposite ~heir respective names; that the addresses set opposite the names of said persons are the addresses of said persons as sh'own on the current assessment roll of the Town of Southold;tha~ said Nodc~ were mailed at the Unhed States Post Of- ncc ~, (certified) {registered) mail. Swo;n to.ore me this /'~/// ' Notary Public Notai"/Pl~otl' ~..4642871 .;that said Notices were mailed to each of said persons by This side does not have to be complet'ed on form transmitted to adjoining property owners.) PROOF OF MAltING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME~. ~,b ADORES5 SENDER: , Completeitemsland/or2formtee~deetelsem~t~. . I aim) wieh to receive the · Complete ~ems 3 and 4a & b. fo owing services (for an extra · Print your. name and sddress on the reverse of this form so that we can fee).' ~m thins card to you. a~ach this form to the front of the mail,ace, or on the back if space 1. ~ Addressee's Address ~ Write"RetumR~ei~Requested"onthemailpiecebelowthea~iclenum~ 2 ~ Restri~ed Delivery delivered. Consult postmaster for fee. 3. A~icle Addressed to: ~ 4a. A~icle Number '-~ -- ) 4b. Se~ice Type D0 ~ 0 ~ ~ ]~C~ ~, I D R~istered D Insured 5. S~n~ure ~ressee) / /ff m 8. Addressee s Address {Only if requested ~J ~ ~ --~ / and fee is paid) PR ;nrm 3811. Deco~be 1991 ~U.S. GP~t~ DOMESTIC RETURN RECEIPT STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: , being duly sworn, deposes and says ~hat on the ~r~ day of ~f ,19 ~ .deponent maileda true copyofthe Notice set forth on the re- · verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that ~he addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current a~sessmcnt roll of ~he Town of Sou/hold; that said Notices were mailed at the United States Post Of- (Fegistered) mail. Sworn toJ~fore me this day of C~/'~_2~/_~ ,19 N c~t~r'y Pu'bHc ; fha! said Notices were mailed 1o each of said persons by ~¥,~7 State oi New Nota~ r~;.' ~.4642.87] nua fled in $uifoik Cou, Commission Expires Sept. (This side does not have to be completed on form transmitted to adjoining property owners.) . PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS SENDEIR: ~ 5. Signature (Addr~ ,sase) ADDRESS I also, wish to receive the following services (for an extra fee): 1. [] Addreseee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type [] Registered [] Insured [] Certified [] COD [] Express Mail [] Return Receipt for Merchandise 7. Date of Oeliver~ /. / 8. Addressee's Addre~ss J0nl~ if requested and fee is paid) ~' PS Form ,u~.oPO:,~e~--aea-~e DOMESTIC RETURN RECEI_ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says thac on the ~Y day of .~.~ ~--~,/~¥ ,19 c?~' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that The addresses set opposite thc names of said persons are the addresse~ of said persons as shown on thc currcn[~scssmcnt roll of the Town of Sou~hold; that said Nod[es were mailed at the United States Post Of- Gcc at ,--~OUTY'~ L43 /~3 y ; that said Notices were mailed to each of said persons by :certified) (registered) mail. Sworn to~ze..~re me this -"~' ~ day o.f~.f-J ~-~.uccr-.z-¢.~ . ] 19,c~,~ L/ABIGAIL A. NotaP/PubJic, State ot New York No. 52-4642871 ' Qualified m Suffolk ,County Commission Expirc~s Sept. 30. 19 (This side does not have to be completed on form transmitted to adjoining property owners.)