Loading...
HomeMy WebLinkAbout4031 __MORGAN C~ARLES W.__ ............ ,..LU.~:ie_ 20+. 1963__ ·-~B~TED p~rmisaion ~o locate accesso~ bulldog ,t_New SUffolks_New YOrk. APPEALS BOARD MEMBERS SUFFO( SCOTT L.HARRIS 0pG Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. o 'e " Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio,Jr. O Southold,New York 11971 Robert A.Villa '1?jO1 O` Fax (516)765-1823 Telephone(516)765-1809 * Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4031: Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A. 4) for approval of the location of an existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID #1000-117-10-6 . WHEREAS, a public hearing was held on June 6, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6 . 2 . The subject premises consists of an area of 2 . 137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Goldman as surveyed April 26, 1991, to be approximately 130 feet from the front property line. Page? 2 - Appl . No . 4031 Matter of Estate of Charles W. Morgan Decision Rendered June 7 , 1991 3 . The garage structure is of a size 19 ft. by 39 ft. , is one-story in height, and is shown to be situated nine feet from the easterly side property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A. 4, and Article III , Section 100-33 , provide that accessory buildings be placed only in the required rear yard; (b) Under Appeal #576 rendered June 20, 1963 , the subject accessory garage structure was permitted to be located with a 150-foot setback, (although the relief requested at that time was 200 feet) from the front property line along Jackson Street. 5. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood, since the garage has extensive screening which has been established for over 27 years; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to AMEND the prior decision of this Board under Appeal No. 576 (dated June 20, 1963) , for the location of the accessory garage structure, as exists approximately 130 feet from the front property line along Jackson Street, and that the use of the garage structure shall continue to be accessory and incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Villa. (Member Dinizio was absent. ) This resolution was duly adopted. lk y GERARDD P. G HRIN CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOV114 CMU< DATE H02s An,. Town Clerk, Town of Southold of APPEALS BOARD MEMBERS o 1 SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. rr1 7 P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following additional matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 8: 05 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Continued hearing in the request for Special Exception approval under Article VIII , Section 100-81B(1) , and Article III, Section 100-31B( 6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: 415 Elijah' s Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937; Parcel ID #1000-108-4-11.1 (part of 11) . Page 2 - Legal Notis • Hearing for June 7, 1991 Southold Town Board of Appeals [8 :25 p.m. Appl. No. 4031 - ESTATE OF CHARLES MORGAN. Request Variance approving the locatibn bf .ahiexisting accessoryage structure in the front yard area, with a setback at lessn that conditioned by prior ZBA decision rendered June 20,3 under Appeal #576. Location of Property: 930 Jacksoneet, New Suffolk, NY; Parcel ID #1000-117-10-6. The 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. For more information, please call 765-1809. Dated: May 16, 1991. BY ORDER OF THE -SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x TO: Times-Review Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board ( lobby) ZBA Board Members and Files ALSO ON 5/16/91 TO: William D. Moore, Esq. (For Cellular Telephone) Mr. Roy Radigan (for Charles Morgan Estate) • FORM NO.3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL `' o 1 n Date To R "kc�nq?n� al. Pa�ali :` CQM�9+ `Y�VjM, 1.$e.s .fti.l .!ed1 . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . .l r( /a� �a . . . . . . . . .. 19 9.f. . . for permit to �!r 4A z oy e Q' 930 ( va Location of Property . . . . . . . . . . . 9?f�K$. . . . . !�?-; ►. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House No. Street Ham/et County Tax Map No. 1000 Section . . ./A7. . . . . . . . Block . . . . Q. . . . . . . . Lot .Q.�. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No.. .c. . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .Q) t c.�l,.n�7L . �?�2c i.+,,,/Un,- .44 4.s. .�-�v+x� .�• �!-�y. .w; . .�. ,.rA�,. . �,?an.. `� . .1. 3 R.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 • LSD.' 3�/b�Q� • �f S� TOWN OF SOUTHOLD, NEW YO14 E C E I V I D APPEAL FROM DECISION OF BUILDING INSPECTOR My IJPW NO- DATE ................ ............. SewtlWd Town CW& TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Estate of Charles W. Morgan.,*.,,,.,,,of ,930 Jackson Street ,,,,,, Name of Appeilont Street and Number New Suffolk ,,,,,,,,,,,,,,,,,,,,HEREBY APPEAL TO ............................................... ............................................ ... NY Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON April 26, 1991 APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...Raymo4d..G,...Rddigan...Attazne)z..for..estate of Charles W. Morgan Name of Applicant for permit of 1865 Hi hland R ....................5...............4.ad,...G.utcho gue....NX....].1 Q35........................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Permit to to a accessorvbuildine in the front yard. 130 feet from the front property I ne. 1. LOCATION OF THE PROPERTY ...930..Jacs.R4.Sx.T. €.X............................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 11781ock 10Lot 6... ............................................................ . .,Current Owner Goldman .Iv1 o..p No. Lot No. prior Owner Morgan 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ( im wt) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (x ) request for a variance and was made in Appeal No. 576.....................Doted .....NLY.3.1.r...1963.......................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance is requested for the reason that an original Variance was granted back in 1963 whereby Mr. Morgan was permitted to relocate his garage to the front of his property as long as it was no closer than 150 feet from the front property line. As a matter of fact the garage itself is located 150 feet from the Jackson Street property line, which is what his contractor understood the variance to require. However, the accessory building consists of a garage and a separate 20 foot pump house-storage room, which brings the entire structure to 130 feet of the property line and therefore, appears to constitute a violation. m For zst (Continue on other side) * Charles Morgan originally owned the property in question. He died on October 5, 1990. On May 1, 1991 the property was sold to Robert and Judith Goldman. At the closing, it was agreed that the estate of Charles W. Morgan would initiate all necessary proceedings so that the accessory building would not be in violation of local zoning ordinances. REASON FOR APPW4 V 15 'f A 0 Continued 1. STRICT APPLIC t41®rFYO* ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because If the varia1*9QAl1tb mod, the accessory building would have to be moved twenty feet and a new well would have to be drilled, placing it closer to existing cesspool. This would cause the estate excessive expense without any material benefit to the adjoining property owners or the community. 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 Bay front property invariably has accessory structures in the front yard because to place them elsewhere would obstruct the bay view and reduce the property's value. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because other property owners in the immediate area including, Connor, Tese, Dill and Marvin, all have garages located in the front part of their property. In fact, the Morgan garage is located substantially further back on the property than all of these other garages and has been so located for the past 25 years. STATE OF NEW YORK ) ) ss ..........I..... .... . . ............................... ....... ....... COUNTY OF Suffolk ) Signature Swornto this � �.................................. day of-...........MaY...................................... 19 91 �W "..!.'1.:..... ..................... Notary Public THERESAM.BELUNA Nobly PtW SW*of Nww Yak No.4753199 OuaM In&dbk 0" Commission Evkw Feb.2%IN2 11--'10 - G TOWN OF SOUTHOLD PROPERTY RECORD CARD `OWNER (,—,, abt (- -1 j STREET VILLAGE DISTRICT I SUB. LOT Ta a 11ra-60 f7`� e e WJ Dc/ be rc. FORMER OWNER vN '77�' E ACREAGE VaCK.ro Y7J -eef S 'n W — TYPE OF BUILDING 7�2CO n � c, l�ct l ' RES 2 f0 SEAS. VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS Sal Po- yQ, 6-rd �Xf4lr SU11, 666 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE X 2 7 6Rdy4/1 e1Q/ Farm Acre Value Per Acre Value 5,il x 276 to eiy-4J 2 „ /Q FS Tillable 1 -- z ry Tillable 2 Tillable 3 _ Woodland Swampland Brushland House Plot Total ,...mac �, ■■■■■■■■■■��■■■�■■■ 1 ■■■■■S■■■■ ■■� ■■■ , 747-1 Foundation Extension ®ems .� ram.: Extension _ q - �■■ Ext. Walls AP D-f- Interior Finish T/,w ■� Place Heat 1(! r • ® Porch ® Attic �. —_ PorchFloor i Breezeway ® Patio Rooms 2nd Floor Garag e Driveway 4 • COUNTY OF SUFFOLK • PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 June 19, 1991 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Estate of Jennie Harris and Robert Taylor 4025 Boyle, James and Patricia 4026 riakoudes, Charles and Angela 4029 state of Charles Morgan 4031 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L. NEW YORK 11788 (516)360-5 182 ��,li•l:(0(�n SCOTT L.HARRIS APPEALS BOARD MEMBERS Y F -,'_;, a Supervisor Gerard P.Goehringer,Chairman a Town Hall,53095 Main Road Charles Grigonis,Jr. =��1 a'a P.O.Box 1179 Serge Doyen,Jr. � r�" Southold,New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax(516)765-1823 Robert A. Villa Telephone(516)765-1809 TOWN OFSOUTHOLD Telephone(516)765-1800 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : X Variance from the Zoning Code , Article III ', Section100-33 Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit 4031 Estate of Charles Morgan Appeal No . : Applicant : ffolk , NY Location of Affected Land : 930 Jackson Street , New Su County Tax Map Item No . : 1000- 117-10-6 Within 500 feet of : Town or Village Boundary Line _X 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 . COMMENTS: Applicant is requestingxR§kRiRks(5(kataxkat approval of location of. existing arage structure in front yard area with setback less than 150 ft Whip, is less than that conditioned by prior ZBZ decision under i #F7fi" lun 20 1963 Copies of Town file and related documents enclosed for your review. Dated : June 11 , 1991 APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P.Goehringer,Chairman �ls r, Supervisor Charles Grigonis,Jr. ' Serge Doyen,Jr. Town Hall,53095 Main Road James Dinizio,Jr. `7 P.O.Box 1179 Robert A.Villa „�✓' Southold,New York 11971 r Fax(516)765-1823 Telephone (516)765-1809 r Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 10, 1991 Joseph Fenton, Esq. 300 Jackson Street New Suffolk, NY 11956 Re: Appl. No. 4031 - Variance for Existing Accessory Garage Dear Fenton: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning Raymond C. Radigan, Esq. Page 2 - APPI . No . 1 Matter of Estate of Charles W. Morgan Decision Rendered June 7 , 1991 3. The garage structure is of a size 19 ft. by 39 ft. , is one-story in height, and is shown to be situated nine feet from the easterly side property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A. 4 , and Article III , Section 100-33 , provide that accessory buildings be placed only in the required rear yard; (b) Under Appeal #576 rendered June 20, 1963 , the subject accessory garage salthough the relieftructure was trequested located that with a 150-foot setback, time was 200 feet) from the front property line along Jackson Street. of the Board in considering this 5. It is the position application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the as essential character of wehaslbeenrhood, since the established for overg27hyears; extensive screening which (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to AMEND the prior decision of this Board under Appeal No. 576 (dated June 20, 1963) , for accessory garage structure, as exists approximately 130 feet from the front property line along Jackson Street, and that the use of the garage structure shall continue to be accessory and incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Villa. (Member Dinizio was absent. ) This resolution was duly adopted. * * * ��� lk GERARD P. GOEHRIN?ER, CHAIRMAN Y APPEALS BOARD MEMBERS - SCOTT L.HARRIS Gerard P. Goehringer,Chairman w Supervisor Charles Grigonis,Jr. Serge Doyen,Jr. l Town Hall,53095 Main Road James Dinizio,Jr. �. P.O.Box 1179 Robert A. Villa Southold,New York 11971 Telephone (516)765-1809 Fax (516)765-1823 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4031 : Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A. 4) for approval of the location of an existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID #1000-117-10-6. WHEREAS, a public hearing was held on June 6, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . The premises in question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6. 2. The subject premises consists of an area of 2. 137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Goldman as surveyed April 26, 1991, to be approximately 130 feet from the front property line. RECEIVE. . ND FILED BY T 3E SOUTHOLD TOWN CL;:ILLt DATE ��i/y��pURrs Rn,. Town Clerk, Town of Southold i I Appl. No. 4031: Matter of ESTATE OF CHARLES W. MORGAN. Variance to the Zoning Ordinance, Article III, Section 100-33 ( 100-30A.4) for approval of the location of an existing accessory garage structure in the front yard area, with a setback at less than that conditioned by prior ZBA decision rendered June 20, 1963 under Appeal #576. Location of Property: 930 Jackson Street, New Suffolk, NY; Parcel ID #1000-117-10-6 . WHEREAS, a public hearing was held on June 6, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Jackson Street in the Hamlet of New Suffolk, Town of Southold, which premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 10, Lot 6. 2. The subject premises consists of an area of 2. 137 acres and is improved with a 1-1/2 story frame dwelling and the subject accessory garage, shown on the survey prepared by Roderick VanTuyl, P.C. prepared for Robert T. and Judith M. Gdldman as surveyed April 26, 1991, to be approximately 130 feet from the .front property line. lz ; ���J� l • � x1 T ula • ;EitYE�+ 1� J . �. � ' Town Board o)" SDLTHDLD, ° .! N.Y. .J /1 MAIN ROAD - STATE ROAD 25 }�1 ) TELEPHCNE (516) , j/309 ACTION OF THE ZONING BOARD OF APPEALS /) Appeal No. 3492 I�JJy�apy" 5/22/85 ; Application Dated April 9 , 1986 ( Public Hearing [Appellant (s) ] T0: Mr . Donald A. Denis ,A . I .A . as Agent for JOYCE TESE Main Road, Box 565 Aquebogue , NY 11931 At a Meeting of the Zoning Board of Appeals held on June 25 , 1986 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoningq Ordinance Article III , Section 100-32 (C ) [ ] Request for Application of JOYCE TESE for a Variance to the Zoning Ordinance', Article III , Section 1D53 f-0r permission to locate accessory three- car garage i_n the frontyard area , at AO Jackson Street , New Suffolk , NY ; County Tax Map District 1000 , Section 117 , Block 10 , .Lot 5 . WHEREAS , a public hearing was held and concluded on May 22 , 1986 in the Matter of the Application of JOYCE TESE under Appeal No . 3492 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is located along the south side of Jackson Street , in the Hamlet of New Suffolk , with a total acreage of 2 . 25 acres and road frontage of 127 feet , and is more particularly identified on the Suffolk County Tax Maps as District 1000 , Section 117 , -Block 10 , Lot 5 . 2 . The subject premises is located in the "A-80 " Residential and Agricultural Zoning District and is presently improved with a single-family , 212--story frame house-and-garage structure , set back approximately 390± feet from the front property line , 37± feet from the line delineated "top of bluff" as shown on survey prepared March 2b , 1986 by Peconic Surveyor. & Engineers , P . C . , and mirim,.rm sideyards of 64 feet . Also existing is an accessory gazebo structure shown on the subject survey to be in the rearyard area a distance of 18 . 8 ' Prom the westerly side property line . (CONTINUED ON PAGE TWO ) DATED: June 25 , 1986 . CHAIRM71N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) M+ r I • • Page 2 - Appeal No . 3492 Matter of JOYCE TESE Decision Rendered June 25 , 1986 3 . By this application , appellant requests permission to locate a 24 ' by 40 ' three-car garage accessory to the residential use of the premises for storage purposes and having setbacks from the front property line at not closer than 61 feet and not closer than five feet to the westerly side property line . 4 . It is the opinion of the board that there is no other alternative available for applicant to pursue other than a variance , and the board agrees with the reasoning of the appli - cant , as noted below . In considering this appeal , the board also finds and , determines : (a ) that sufficient practical difficulties have been shown ; ( b ) that the circumstances of the premises are unique ; (c ) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties ; (d ) that the relief requested is not substantial ; . (e ) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance since the rearyard "building envelope" is within 75 ' of a tidal water body ; _(f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (g ) that in view of the manner in which the difficulty arose and in consideration of all the above factors , the interests of justice will best be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , that permission to locate a 24 ' by 40 ' accessory three-car garage in the frontyard area applied under Appeal No . 3492 in the Matter of the •Application of JOYCE TESE , BE AND HEREBY 'IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That this accessory structure be located no closer than 10 feet from the westerly side property line and no closer than 70 feet from the front .property line ; 2 . That this accessory structure be used only for storage and garage purposes incidental to the principal use of the premises , and not to b.e operated for gain , rental , sleeping or living quarters . 3 . All water on the property shall be retained on site , and if necessary , storm drains or drywell-s shall be installed on the south and west sides of this building . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolu- tion was duly adopted . 1 k � 'E f� W ER7 RD GO H IN R , A R N July 15 , 1986 STATE OF NEW YORK ) ss. : COUNTY OF SUFFOLK ) Joseph Fenton, being duly sworn, deposes and says that: 1. He is an attorney, duly admitted to practice in the state of New York. 2. He represents the Estate of Charles W. Morgan. 3 . He makes this affidavit in connection with the application of the Estate for a variance or to amend an earlier variance with respect to location of an accessory structure at 930 Jackson Street, New Suffolk, town of Southold, New York before the Board of Appeals. 4. He spoke to James Connor and Vincent Tese the owners of each of the properties which abut 930 Jackson Street, Connor on June 5, 1991, and Tese on June 6, 1991, each of whom stated without reservation that they prefer that the accessory structure in question (a garage and storage building) be left where it is presently located, and each authorized him to so report to the Board. " Sworn to before me this 7th day of June, 1991. otary Public THERESA M.BELUNA Notary public,Sato of Now Yost No.4753011 Con>a>Y"Bon F&216100 oS�FFOLKCOG APPEALS BOARD MEMBERS SCOTT L.Supervisor r= HARRIS � Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. T P.O. Box 1179 Southold, New York 11971 James Ditnnizivo, Jr. a BOARD OF APPEALS Fax (516) 765-1823 Telephone(St6) 765 1181ri TOWN OF SOUTHOLD Telephone (516) 765-1800 May 23 , 1991 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4031 Project/Applicants: Goldman/Estate Charles Morgan County Tax Map No. 1000- 117- 10-6 Location of Project: 930 Jackson St. , New Suffolk , NY Relief Requested/Jurisdiction Before This Board in this Project: Locate existing accessory garage structure in front yard area with setback at less than previous condition of ZBA decision under Appeal #576 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr �r APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P. Goehringer,Chairman U , ~� Su ervisor Charles Grigoms,Jr. ` - 1 ';i p Serge Doyen,Jr. =i t Town Hall,53095 Main Road James Dinizio,Jr. *- P.O.Box 1179 ,.y �;, Southold,New York 11971 Robert A.Villa , hero, Fax(516)765-1823 Telephone(516)765-1809i Telephone(516)765-1800 BOARD OF APPEALS TOWN OAF SOUTHOLD TRANSCRIPT OF PUBLIC HEARING HELD ON JUNE 7 , 1991 Appl. No. 4031 - ESTATE OF CHARLES MORGAN. The hearing opened at 8 : 25 p .m. The Chairman read the legal notice for the record and the application before receiving testimony. CHAIRMAN: This garage is approximately 130 feet from Jackson 's Landing, I think the prior decision said it had to be 150 feet. And the survey was produced by Roderick VanTuyl, P .C. dated April 26, 1991. 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 do you do, sir? JOSEPH FETTON: My name is Joseph Fetton, if it mould please the Board. 300 Jackson St. , New Suffolk. Ray Radigan, who made this application, and I are the attorneys for the Estate, but because I 'm a neighbor as well and I 've known Mr. Morgan, or knew Mr. Morgan for more than 50 years and I 've been his neighbor for more than 25 years, and I'm familiar with the property, I 'm appearing in behalf of the Estate . Since there' s nobody left alive to apologize, I ' ll apologize for the fact that this accessory structure is 130 feet from the property line when it should have been 150 feet. Mr. Morgan was a very meticulous person. He was himself a developer. He helped develop Eastern Shores Development here. He was a very fine man, and I want to assure the board that he was not the kind of person who would flout a decision that you made. I can't Page 2 - Appl. No. 4031 Matter of the Estate of Charles Morgan Hearing Transcript of June 7 , 1991 MR. FETTON: explain it. I 've researched to the best of my ability. I spoke to Joe Deerkoski who did the -- what happened here was there was a house, a smaller house that Mr. Morgan bought from Mary Reichert. And he wanted to put two wings on the house, and one of them -- there was an accessory building. A garage and storage shed which was in the way so that it had to be moved. So he came to this board and he asked for--made an application to move it. Deerkoski said he had nothing to do with the moving. He wasn't sure who did the moving. He thinks it was Frank Zaneski. CHAIRMAN GOEHRINGER: Zaleski. MR. FETTON: Zaleski, but he ' s not sure. And he thinks what may have happened is that Mr. Morgan, who was then living in Douglaston and who wasn' t here all the time told him, "make sure the garage is 150 feet from the property line. " The garage is 150 feet, but the other part of that building which is 20 feet brought it to 130 feet. But I 'm speculating. Now. Where we ' re at now, the property was sold on May lst, we agreed-the Estate agreed that it would use its best efforts to get a Certificate of Occupancy. We had a Certificate for the work that was done by Deerkoski. When we asked for the Certificate for the accessory building, they asked that -- the Building Dept. asked for a survey. We provided the up-to-date survey. They saw what had happened here, and they said the way to go is to ask you people for an amended variance or a variance which permits the structure where it is. I then contacted, and of course by this procedure the two adjoining property owners, James Connor and Vincent Tess had to be notified. Both were notified. I 've spoken to both; they' re my friends and neighbors. Each one has authorized me to state to you that they would prefer the accessory building to stay where it is rather than move it 20 feet. And I have prepared an affidavit -- I 'd like to submit which sets forth this fact. CHAIRMAN: (Receiving affidavit) Thank you. MR. FETTON: As far as the practical difficulties that Are Page 3 - Appl. No. 4031 Matter of the Estate of Charles Morgan Hearing Transcript of June 7 , 1991 ME. FETTON, continued: i involved here, some of them are obvious. There ' s a cost involved. We 're trying to settle an Estate . We have a widow who 's in a wheelchair and she can use all the money she can get. And we 'have money that' s been set aside to take carp of the possibility to move structure. We have a perfect elipse. The road comes in and then it goes around in front of the house. And if we move the garage so that it is 150 feet, it ' s going to encroach on that elipse and that will require us to move the asphalt paving, destroy the symmetry, take down some trees, and relocate a pump closer. But we may be able to leave the well where it is. It's a lot of work and I 'd like to point out the surrounding situation, because if you start at Kimogenor Point which is at the western end of Jackson Street. There ' s a row of garages, 11 garages. They start one foot from the property line. And I had some pictures that will demonstrate this. The next one - The Dill property, that' s about 70 feet. Tese is 70 feet; I 'd like to talk about that a bit more because about five years ago you people gave him a variance. And permitted it 70 feet. Gehring is under 50 feet, he ' s to the east. Marvin is 50 ft. Manning is 15 feet. And just east of Manning the garage is incorporated into a house and that' s also about 15 feet. It 's almost right on the road. MR. RADIGAN: These are the original pictures. MR. FETTON: My garage is the only one that is further away than 150 feet. And that' s part of a nonconforming building because there are two houses on that property but that goes back 75 or 80 year3, and that 's not pertinent. I just wanted to point out that of all of the accessory structures on the street and I don ' t have to tell you that we ' re talking about waterfront property. And the front is the back yard on all waterfront property, and that is why you have as many appli- cations as you do with respect to it. Nobody is goimg to build a garage on the water side or--almost nobody. So they will go here. The logical place is where the garage is . It' s in a gulley. It ' s unobtrusive. If you look at these • . Y Page 4 - Appl. No. 4031 (Morgan state) June 7, 1991 Hearing MR. FETTON, continued: pictures, you' ll clearly see that it' s been landscaped with rhododendroms so it' s --you can't see it, from the road. It' s yearround that way because they' re evergreens. I don't think any practical purpose would be served to require the moving of the structure the 20 feet. To sum it up, I guess the -- I would like you to determine as a matter of fact that there is sufficient practical difficulties here. That the circumstances are unique. That no material change in the character of the neighborhood or detriment to the adjoining property will take place by this variance or an amendment to it. Particularly since we asked that the existing structure stay Adiere it' s been for more than 25 years. The problem cannot be easily alleviated except by considerablt expense and changes affecting the adjoiningiproperty, and it' s in keeping or exceeds existing variances or conditions. The variance will not change population density or affect safey, health, welfare, comfort or convenience of the town. And the circumstances surm ending the problem and the simplicity oz the solution suggests that the interests of justice will be best served by santifying the existing situation, taking note of the fact that 20 feet out of 150 feet is less than 15%. Leaving the accessory building almost twice as far as any other such building on the block. Thank you for your courtesy. CHAIRMAN: Thank you, Mr. Fetton. Is there anybody else either for or against? MR. FETTON: We 'd like to submit the Tese decision to you. CHAIRMAN: Surely. Thank you. MR. FETTON: I would also like to point out that the Estate 'Pax Return is due July 5th and we 'd like to settle the estate. CHAIRMAN: Mr. Fetton, what did you say the Dill house garage was--the distance? MR. FETTON: I didn' t anark it off, but it's on a line with the Tess one and t1iat' A 70 feet. So I'd say .it' s 70. It looks closer if you look at the picture here. CHAIRMAN: Yes, it does. That' .3 why I asked. I don' t think I was on the board when we did the Dill one. Page 5 - Appl. No. 4031 (Morgan Estab.=_) June 7 1991 Hearing MR. FETTON: I think Dill did his .before the law was changed- 1957. Maybe. That ' s my recollection. CHAIRMAN: Does anyone have any objections? Anyone to speak either for or against? (None) Seeing no hands. I ' ll make a motion to amend the original decision which stated a minimum of 150 feet to 130 feet and thereby granting this particular accessory structure to be used only for accessory purposes incidental to the main dwelling of the house at 130 feet. ME4BER VILLA: Second. (See findings of fact and resolution in Minutes and filed with Town Clerk' s Office. ) inda Kowalski, Board Clerk I SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold,the following additional matters will be held for public hear- ings before the SOUTHOLD TOWN BOARD OF APPEALS at the STATE OF NEW YOR Southold Xaw&W. Main Road; K) Southold,NY 11971,on FRIDAY, SS. JUNE 7, 1991,commencing at the COUNTY OF SUFFOLI() times specified below: LULARs:osPm• B No.4022_ 4 110 y CIL � L of Mattituck, in Na M TRO ONE.Continued law. said County, being duly sworn,says that he/she is principal �amMBTRO ONE Comnued hear_ p request �S�Excep- t Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, ttm Mode VIH,see- aO 100 81B(1)"Article BX See- published at Mattituck, In the Town of Southold,County of tic loo-31B(6>for an unmarred Suffolk and State of New York,and that the Notice of which telecom, building in au and the annexed b a printed copy,has been regularly published in e�'mrac��fb 10�a!nh high said Newspaper once each week for l weeks monopole radio tower with antenna for uammitting and receiving radio smeeeS31vely, commune tag on the �� day of sre�rvtce' Lals to wtim Off de cellPro Wiry:415 �r Elt�d. 19 �I EdJah's Lane,Mattituck,NY. also shown m Plann90,Map Board Map of ��� May 15, 1990,Map No.8937;Arcel ID a1000-1084-I1.1(part of I l). 8:25 p.m. Appl. No. 40' - ESTATE Op CHARLF.S MORGAN. Request for Variance approving the Principal Clerk location of an existing accessory BaraBe structure in the frmt yard area, with a b'y p�n A less te°that co". rioted dered June 20, 1963 �'rO°"t' Sworn to before me this under Appeal ID��Newsu 930J'dt' day of 19 .LciAt/' sx. am S w NY Parcel �� / The Board of Appeals win DCR IAA it:rreliiiSCiTf time and place bass sty and a0 d �r tiptary Pt�O,State Of Ww York ems a representatives desiring to � 51Y4C-052%•Suffolk CO Xq in heard the above cantata. Written comments may Gangs ;xt Eplres April ,19 Y also be subdued ',riot to the eotdurim Ut the tub' ect refuse the time 1ea�8• a ti hearing wid not Stan s designated a6ove- ror more information,please call '65-1809. )aced:May 16,199E BY ORDER OF THE SOUTHOLD .TtOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 63-ITM23 BY Linda Kowabid COUNTY OF SUFFOL• SUPPLEMENTAL I STATE OF NEW YORK ss: NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN,pursuant to Section 267of Patricia Wood,' being duly sworn, says that she is the The Town Law and the Code of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town of Southold, the a public newspaper printed at Southold, in Suffolk County; following additional matters will be held for public hearings and that the notice of which the annexed is a printed copy, before the SOUTHOLD TOWN has been ,Published in said Long Island Traveler-Watchman BOARD OF APPEALS at the once each week for . . . . . . . . . . . . . . . . . . . . . / . . . . weeks Southold Tbwn Hall, Main ,Road, Southold, NY 11971, on �3 .✓ FRIDAY, JUNE 7, 1991, com- Successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . mencing at the times specified below: ,�11, 8:05 p.m. Appl. No. 4022- day OI . . . . . . . . .L!L!-/. . . . .. 19 yA . CELLULAR TELEPHONE COMPANY d/b/a METRO ONE.Continued hearing in the ' • ' • ' . . . . ' . • • • • " . . . . . . . . . . . • • . . • . . ' request for Special Exception approval under Article VIII, Section 100-818(1),and Article ✓ III, Section 100.31B(6) for an Sworn to before me [his �7 unmanned telecommunications . . . . • . . . . . .`.�. . . . . . . . clay of block building and of a 104-ft.hi mono construction le radio" C building in an existing concrete eh � tower with antenna for transmit- ting and receiving radio signals to provide cellular telephone ser- vices.Location of Property:415 � v Elijah's Lane, Mattituck, NY., . . . . . . . . . . . . . . . / ?: . . !. . . . . . . . . . . . . . . . . . . . . . also shown on Planning Board Notary Public Map of Map 15, 1990,Map No. 8937; parcel ID No. BARBARA A. SCHNEIDER 1000-108-4-11.1 (part of 11). - NOTARY PUBLIC. S to of New York 8:25 p.m. Appl. No. No. 4206846 (designated STATE OF CHARLES MOR- Qualified in Suffolk COgnty AN. Request for variance Commission Expires Q/3t�,2 ap- proving the location of an ex- ting accessory garage structure the front yard,with a setback less than that conditioned by rior ZBA decision rendered une 20, 1963 under Appeal No. 76. Location of Property: 930 ckson Street, New Suffolk, P;Parcel ID No. 1000-117-10-6. The Board of Appeals will at id time and place hear any and l persons or representatives, siring to be heard in each of e above matters.Written com- ents may also be submitted ior to the conclusion of the bject hearing. Each hearing ll not start before the times above. For more in- rmation,please call 765-1809. . ated: May 16, 1991 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-5/23/91(72) I �S�FfOLK�OG JUDITH T. TERRY a' Town Hall, 53095 Main Road TOWN CLERK = Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G T Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 0 Ot' 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 RE: ZONING APPEAL_ #4031, ESTATE OF CHARLES W. MORGAN DATED: MAY 16, 1991 Transmitted is application for variance submitted by Raymond C. Radigan, Attorney, on behalf of the ESTATE OF CHARLES W. MORGAN together with notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Inspector; and three (3) copies of survey of property. 14-16-4 124871—Test 12 • PROJECT I,D.NUMBER 617.21 L SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/sPONSOR Estate of Charles W. Morgan 2, PROJECT NAME �. PROJECT LOCATION: Municloa0ty New Suffolk a. PRECISE LOCATION(Street addresfolk s and road Intersections,prominent lantlma kounty or Provide map 930 Jackson Street ' New Suffolk, NY S. IS PROPOSED ACTION: Egara New ❑Eaoanslon ❑ModiReatlon/alteration X Permit RIBE PROJECT BRIEFLY: garage to remain in .its res n. NT OF LAND AFFECTED: ly Ultimately ---- acresROPOSED ACTION COMPLY WITH EXISTING 20NING OR OT aIAND USE RESTRICTIONS?cres s ®No It No,describe brief) Arti le IIhhII Sectt,,lii1on 100- 6b11at rear yard. On May 31, 1963qurvarianceawasagctentedypmitin Mrf Southold Code age no closer that 150 feet from the front line of the ro ert (gaAsgas be located age itself is located 150 feet from the Jackso p p g Morgan to relocat IS PRESENT LAND USE IN INITY OF PROJECT? y' matter of fac Residential , El industrial ❑Commercial Describe: ❑Agricullura ❑parWForesVOpen space ❑Other 10. DOES NV I ACTION OLVE A PERMIT APPROVAL,OR FUNDING,STATE OR 7 NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, LNv ❑Yes ®No It yes.list agency(s)and permiUapprovals If. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No It yes,list agency name and permitlapproval ' 12. AS A RESULT OF PROPOSED ACTION WI LL❑Yes No EXISTING PERMI UAPPROVAL REQUIRE MODIFICATION?® I CERTIF/�Y?^T14A1},T ITHE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE Appllcantlsponsor nam -•�)1r '/�-� C (� 0-17 V Signature: Date: II the action is in the Coastal Area, and you are a state agency, Coastal Assessment Form before proceeding With this a sessmentte the OVER 1 (Continued on reverse side) ** his contractor understood the variance Eo require: However, the accessory building consists of a garage and a separate 20 foot pump house-storage room, which brings the entire structure to 130 feet of the property line and therefore, appears to constitute a violation. The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this Board before any action is taken. A. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTSONS• ( order to answer the questions in this short EAF it is as that sumed ncerning the the preoarer will use currently available information co project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (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) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes g NO ' 2. Will there be a major change to any unique or unusual land form on the site? .• —Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes x No 4. Will project have a potentially large- impact on.groundwater quality? Yes gNo ' 5. Will project significantly effect drainage flow on .adjacent sites? Yes _XNo 6. Will project affect any threatened or endangered plant or animal species? Yes -_!NO 7. Will project result in a major adverse effect on air quality? _Yes _xVo 8. Will project have a major effect on visual char- _ acter of the community or scenic views or vistas known to be important to the community? _Yes x No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? - Yes ._}_Na 10. Will project have a major effect on existing or future recreational opportunities? - _Yes x No 11. Will project result in major traffic problems or cause a major effect to existing transportation • .systems? -Yes _x No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? -Yes x No 13. Will project have any impact on public health or safety? __Yes _XNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ,period or have a major negative effect on the -.-Yes X No character of the community or neighborhood? IS. Is there publ' cc .rover project? oncerning the . p reparer•s Si _—Yes x.N0 gnature: Reoresenting: Estate of C a les W. Morg ZSA y/75 Date- OWN Oi SOUTHOLD, NEW YORY ACTION OF THE ZONING BOARD OF APPEALS DATE _20, 1963 Appeal No. 576 Dated may 31e 1%3 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles W. Morgm Appellant Jackson Street New Suffolk. New YOXk at a meeting of the Zoning Board of Appeals on "itursdays June 20e 1963 the appeal was considered and the action indicated below was taken on your 1 Request for variance due to lack of access to property ( ) Request for a specialexception under the Zoning Ordinance QO Request for a variance to the Zoning Ordinance ) 1. SPECIAL, EXCEPTION. By resolution of the Board it was determined that a special exception ( ) he granted ( ) be denied pursuant to Article ............__...._...... Section _._.......... Subsection ....__..._....._ paragraph ......................_ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7s45 P.M. (S.D.S.T. ), UPOU application of Charles We Morgan. Jackson streste New Enffolke New Yank, for a variance in accordance with the Zoning ordinance. Articlo-Ins Section 300e Subsection 7e for permission to erect an acesssosy building in the front yard area approzimately 200 feet from the front property line. Location of propertyl earth sidwadgeon Street, New Suffolke New Y9E>gko bounded north by Jackson Street, Nast by James I.. Connor, south by PaconiC Say and west by William J. Barter. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because sm REV$RSS (c) The var'auce (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SES REVESSS and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 Judith T. Bokeno Secretary (Continued from front) After investigation and inspection the Board finds that there would definitely be a practical difficulty involved if a garage were to be placed in the rear yard, as most of the houses along this road are so placed that a garage suet be located on the road front. There are garages on various properties adjacent and the Board feels that this applicant should be granted a variance► This garage would be located further back on the property than most of the other garages. The Board finds that the strict application of the Ordinance will produce practical difficulties or unnecessary hardships the has ip unique created is and would not be shared by all properties alike Imediatee vicinity of this property and in the same use districts and the variance does observe the spirit of the Ordinance sad will not change the Character of the district. Therefore it was BSSOLMM that Charles W& mbrgan be granted permission to locate an accessory building in the front yard area oft" property at least 150 fte from the front proporty line on Jackson Street. This property is located on the south side of Jackson Streat, Now Suffolk, New York. I A—C I it I I HD _80\ yl A—C e I I ! ra_40 Y� 0 MNiN ICHO \ J A—C '� Nticsham rf ' "Srn Creek 1 \ Gowns � i � �\. R--C Creek A—C e � i n i f PI S M M s�. y�NE��WrnV n SUFF" L OAK A. • a slr 5[t no x •ers. a i/I n oR`k c' _- Z 1 O� i >I.I •rNl,l�, .f 1.1 6 u�.r ILL P0.• 1>01 •" e• �P 5 3x> B GEOgGE 1 5 • 4,1, q0. Vol V pp •` l 1 v, 40l 11 �kl S/pR CUTCHOGUE HARBOR I 4 ia•1 _e >v•i r oP: • v P• P tre OP r ..1 J S �T—� Sdwk N° P Icx B exkl� > • M1p- t >o FISNEP •s%.� a-Bn Bs R•xxix0 >°r > •r 00 > ss '•fl<HPgO y u e N G 0 8O all x1y K 0 5 t M IN k qp n '. 1% r°it t I z NEW SIIi O _ e � q •• % r _ nl _ uua z•1 A� .p ,a YGNSON ..Si.N pl - 9 10 •tp9� j R . 7� - ozq C� /l/L�i• BAY RECONIC GREAT Loa•od U © COUNTY OF SUFFOLK -_t x., r__ RS Pioaecry Taa Service Agency •±t� a Cwnry Censer ,xsaee Rrl Pi.krMad,L.1,N•„Yorl DPTE 12/04/90 S O ll T H O L D O W N E R S G U I D E PAGE 306 TAX MAP NO. .. LAST KNOWN OR REPUTED OWNER A9 DoccS 117.-10-5 Le-�ESE JOYCE _ _ -. _._ _. _ 137 EAST 74T4 ST 473639 !JEW YORK CITY NY ________________ _________________________ ______ _____ ________ ____________________________________________________ 17.-10-6.� -M�'AN CHARLES W - - - 30% 95 47 319_ _...__._ .. .. , _ NEW SUFFOLK NY ___________________________________ _________________ 117.-10-7 41--fONNOR JAMES H 4 909ERT_R . _. - NEWnS JACKSONN NY 473339 _________________________________________________________________________________________________________________________ 117.-10-8 GEH2ING GEOR6E G- Sv - - Lit JEDSLL ST 4733i4 9ALD4IN NY _—_.__ ._ 117.-10-9 MARVIN FOGAH 4 ARLENE JACKSON ST 14733e9- - NEW SUFFOLK NY -------------------------------------------------________________________________________________________________________ 117.-10-10 MANNING JAMES -P3 WF 124 E 38TH ST 4733,39 NEIJ YORK NY ___ ________________________________ _ _----_---------_____---___-_-_____-----_____-_-_-----__-:_________________---_-- _117.-10-11 MANNING J0HN D g WF 34' J_ST 23RD ST x6C YORK ----- NEW - __--------- ----- NY - _ - - �-IT 7.-10-12.2 CAPPELLO JOSEPHINE -_ - -- - 139 CORDON RD i 473339 VALLEY STPEAM NY ----------------------------------------------------------------------------------------------------c_______________-_-_-- 117.-10-12.3 MANNING JAIIES P 1 _4 33TH ST -i 73334 -- NEW YORK NY _________________________________________________________________________________________________________________________ _ _ 117.-10-12.4 LEM4S5 EN4 WILLIAM H 132 BEST 11TH ST 473E37 NEW YORK NY ____ _______________________________ ___i_-------__----_--------------------__-_-_____----_-________-_.---____---_____-- 117.-10-13 HINSCH GEORG_ 3 WF STA ST 3rY 72 473n39 NFN SUFFOLK NY -------------------------------------------------__---------------------------------------------------------------------- - 117.-11-14 HINSCH G"e ORG"c & WF -- - STH ST 9O% 72 473319 NEW SUFFOLK NY -------------------------------------------------------- ------------------------------------------^___-----____________- 117.-10-15 GOODALE A.NDR=W 1 WF 4TH ST 473iti4 NFW SUFFOLK NY _________________________________________________________________________________________________________________________ 117.-10-16 ROGERS C'7?NFLIA P K 515 47H iT 473339 LUCILLF GOODMAN UFW SUFFOLK NY __---_____________________________________________________________________________________________________________________ 111.-10-17 CRO'IC4 RAYMOND i WF PO ^.)% 775 473339 NEN SUFFOLK NY c 117.-10-13.1 FOROUER RUSH M d LIZA9 ETH 74 COUNTRY CLU9 DR 4733d9 PT 'WASHINGTON N Y TOWN CLERK TOWN OF SOUTIlOLD 7�7 Suffolk County, New York 516 • 765.1801 N? 39700 ooy�yjthold. N. Y. 11971 RrIVED — i For / ". C 2 `5 dith T. eery, Town Clerk Cssh ❑ Check AW OiWr- JA<kSOA4, _. _ 73 39' "fie � -�'�`''•, , --�,=_ rr� �. f � To w i T MAP OF P ORE2TY L"JRyEYED FOQ - t` 120 B .F2 F --T JUG. I T.H-.__ '0 / i l ' AT 71 R o/ 3 NEW SUFFOL14 — I TOWN CF SOUTHGUG N.Y.< a '`rJ L UR L.RN' - al < to.n �5 J � 1 uj aU2 t '_ / srf�t 9 10 n J X Z r "p V � I � � ZZ � to i n t, :ers ie rut vcns aFie +_ a j w S , to xcc Cana ins:itutipne or subMu*m til E3x SCALE. 50 41 I'hsrorzv Fa. No. 31± AREA i2.L37 f O•PI1� I + v ?a •0 tr j 2 b ti +X NOTES: tri L 5t F CCO!" MAP DATA: IOM- 117-,1 O.6 j 2.r1rl�E N0. T'12f?41Q7 — I MAY 1 61991 x Tl8 CINLV TiCt3 1'1T'.. iL?1 P�AbF i ORS- w• 1 :T'j AND O ?1iL t l"t-,Pam. LIC-4 #JO 13 /f YP2S (:ME44 CA T Y k G2LA'T PECONIC ElkY x '-,��.S u^,.�.N �}t. :�-s'i:l sw; i _dY^.Affx•N%�' �.�.`..36 cb a'e. a r.., , - A � .. ..,^�4�•. .�., u... � ..'_fie .�,___ ...a _Y. ..a �x�c '...`��.IY..drb%:it��,bw i�� BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE Estate of Charles W. Morgan TO to the Board of Appeals of the Town of Southold ADJACENT p PROPERTY OWNER TO: James L. Connor > Jackson Street New:Suffolk, NY 11956 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 ariance (�' > (9prxia4rPfcxuctio� (Octftm) (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: a garage located in the front of Goldman's prn P ty. 930 Jackson Street. 3. That the property which is the subject of such Petition is located in the following toning district: District 1000, Section 117 Block 10 Lot 6' 4 That by such Petition, the undersigned will request the following relief: To request a variance so that the garage can remain in its current location, 130 feet from the front property line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-33 [ ] 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 may then and there exafnine 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 y or your representative have the right to appear and be heard at such hearing. Dated:' May 16, 1991 t Petitioner mond C. Radig as attorney for the Owners ' Names • Estate of harles W. Morgan Post Office Address 1865 Highland Road Cutchogue, NY 11935 Tel . No . ( 516 ) 298-8940 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] i 3 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS p 711 435 626 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail �� { (See Reverse) sent to - 'Q(Y12,� lArl/l0 I - Street&N. PO.,State 8 ZIP Code NLw Stu(77n Postage CerMod Fee SPecial Delivery Fee O ' Resth,,tetl Delivery Fee c, Return Receipt Showing , M to Whom&Data Deliveratl Return Receipt Showing to Whom, Date,&Address of TOTAL Poat C Q p &Fees OD Posonar or to E 1 �� a US�U STATE OF NEW YORK ) ss. COUNTY OF SUFFOLK ) Raymond C• Radigan yr residing at 1865 i4ighland Road, Cutchogue, New York r, being duly sworn, deposes,and says that on the 16 day of May ; 19 91 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 addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- Tice at Mattituek ;that said Notices w ailed to each aid persons by (certified) (registered) mail:` n OP t ymond C. Radiga Sworn to before me this 16 day of May 19 91 - Notary Pubh Notary Ft'4;'`.ate of Ns v'York No. '7n 45 (MIMad It Suffolk Cou GiiANDIUksn E rea W1ay 14.194 ( This side does not have to be completed on form transmitted to adjoining property owners . ) BO ARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Estate of Charles W. Morgan NOTICE TO i to the Board of Appeals of the Town of Southold ADJACENT l` TO: Vincent and Joyce Tese PROPERTY OWNER / Jackson Street New Suffolk, NY 11956 YOU ARE HEREBY GIVEN NOTICE: 1.That o is a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ( arianc (� szt:eptiwvx] (Spexiu *arrsi0 (CictKhmr) (circle choice] Z. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: a garage located in the front of Goldman's property- 930 Jackson Street. 3. That the property which is the subject of such Petition is located in the following toning district: District 1000 Section 117 Block 10 Lot 6 f 4 That by such Petition, the undersigned will request the following relief: To request a variance so that the garage can remain in its current location, 130 feet from the front property line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-33 [ ] 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 may then and there exarnine 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. Dated: May 16, 1991 _ Petitioner aymond C. a igan, as attorney for the • Estate f Charles W. M s o Ch rl s Morgan Owners Names . g Post Office Address 1865 Highland Road Cutchogue, NY, 11935 I Tel . No . ( 516 ) 298-8940 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 711 4J5 62-r Cen ifi Mail Receipt No insurance Coverage Provided T. Do not use for International Mail (See Reverse) Se 1 to No. ;n n- Street 8 ' PO..State 8 ZIP Code t�(o�K-) ll,� I I i SCo Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing m to Whom B Date Return R. N Data 8 alive c 9 � 8 Fees Co Postma or ateJ�7J1 P9 e UbPV `o LL a STATE OF NEW YORK ) ss.• COUNTY OFSUFFOLK) Raymond Q. Radigan residing at 1865 Highland Road, Cutchogue, New York being duly sworn, deposes and says that on the 16 day of May 19 91 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 addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Matti_tuek ;that said Notices wer i d to each of 'd persons by (certified) (registered] mail- ` Ra nd C. Radigan Sworn to before me this 16 d y of Ma 19 91 (fikAUA&&at Yyvv Notary PLQlic CATHERINE A.MAGINN Notar/Public,State of Now Yak No. HM 0,13'4".M h suffi it County cw.:tm'tssion Expirrs May 14,19u ( This side does not have to be completed on form transmitted to adjoining property owners . ) J O S E P H F E N T O N ATTORNEY AT LAW J60 JACKSON STREET " NEW SUFFOLK, N.Y. 11956 (516) 734-5099 •�. {'� Y` PS• .N A Jipq ' t e ` 9 i s Ilk J � � v j 4 r . r 4. r r J r �,• . t Q °r w Air AW .� AWZ MW I. �2 Y I i �i / 1 i r l � S � d - • �1 p 1 � / , ... a' , �'_. N. �� '_ _ �n� __ �a�� - t♦� •O __ �_ `�"7`�.�.�. I i � � e ^ I � �i , f �' d ` , .�* k f 4 . . �. ;y�"��a ��. �, , __ ... >� :fir, �: .�:. �. �� � :�'-: � � i / + i� , •�al'�♦..... 4 T' -�' l ewe .F-_ _ � 4. �. ' � A` � v_ �ai� �1S af'` ��� � .:' ;_ N t° + �. ^ `.r r ^�,. � � .,. wr r`�. V ��