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HomeMy WebLinkAbout3575 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD ~'5 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE I§1~) 7~-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3575 Application Dated 0ct0ber 3], ]986 TO: Mr. Garrett A. Stran9, R.A. As Agent for ROSA J. HODGSON Main Road, Box 1412 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May ]2, ]988 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 Zoning Ordinance Article III , Section ]00-3], 8u]k Schedule [ ] Request for Application of ROSA J. HODGSON for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for appro- val of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. WHEREAS, a public hearing was held and concluded on April 1988 in the Matter of the Application of ROSA J. HODGSON under Appeal No. 3575; and 14, WHEREAS, 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, the proposed zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a 7.152-acre parcel of land having road frontage (lot width) of 1100.68 feet along the north side of Pine Neck Road in the Hamlet of Southold, Town of Southold and as more particularly identified on the Suffolk County Tax Maps as District 1000, Section 070, Block 06, Lot 33. 2. The subject premises is improved with the following structures as shown on Drawing SP-1 dated September 26, 1986, prepared by Garrett A. Strang, Architect: a. principal single-family dwelling; b. accessory tennis court; c. accessory garden fountain, pavillion, and three garden areas; DATED: May 12, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Pag~ 2 Appeal No. 3575 Matter of ROSA J. ~ODGSON Decision Rendered May 12, 1988 d. accessory garage building with apartment (referred to as "existing cottage"; e. hedges; f. fencing. 3. By this application, appellant requests Variances from the provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of insufficient lot area of 45,000 sq. ft. for a parcel to be set-off (divided off) from the exist- ing 7.152-acres, leaving a parcel of approximately six acres, as shown on the proposed Set-off Map Drawing No. SP-1 prepared by Garrett A. Strang, R.A. The parcel as laid out includes that area to the north used as a private right-of-way for other nearby residential parcels and is without frontage along a Town Street. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width (or street frontage) of 175 feet. It is also noted that the minimum setbacks for a principal building in this A-80 Residential Zone District is 60 feet from the front property line and 75 feet from the rear line. The "existing cottage" building would remain apparently as the principal structure with insufficient setbacks from the right-of-way to the north and from the property line to the north. (Relief for setbacks was not requested in the instant application.) 5. The amount of relief requested from the minimum required lot area of 80,000 sq. ft., when including the right-of--way land areas shown, is 35,000 sq. ft. , or 44 percent. The amount of relief requested when deleting the right-of-way land area is approximately 42,000 sq. ft., or 53 percent less than that required. The percentage of relief requested from the minimum frontage (lot width) along a town street is 100 percent. It is the opinion of this Board that the relief requested is substantial. 6. In considering this application, the Board also finds and determines: a. the variances requested are substantial; b. the practical difficulties claimed are self- created; c. the practical difficulties claimed are not sufficient to warrant a granting of the variances requested; d. there is ample land available to meet the lot size and frontage requirements and therefore there is a method feasible for appellant to pursue other than a variance; e. the Master Plan Amendments as proposed by the Town have not been adopted and accordingly the law that exists at the time of a decision will apply (Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS2d 669 {1984, 2d Dept.}); f. significant economic injury has not been demonstrated by dollars and cents proof; g. in view of all the above factors and in view of the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Page 3 Appeal No. 3575 'Matter of ROSA J. HODGSON Decision Rendered May 12, 1988 Accordingly, on motion by Mr. Douglass, seconded by Messrs. Goehringer and Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3575 in the Matter of the Application of ROSA J. HODGSON BE AND HEREBY IS DENIED AS APPLIED. Vote of the Board: Messrs. Goehringer, Douglass, Doyen and Douglass. (Member Sawicki was absent {out of state}.) This resolution was duly adopted. lk 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 hearings will be held by the SOUTHOLD TOWN BCARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, APRIL 14, 1988 at the follow- lng times: 7:30 p.m. Appl. No. 3719 SOUTHO[D SAVINGS BANK. Variance to the Zoning Ordinance, Article VI, Section 100- 60(C)[2](a) for permission to erect an ohZpremises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southold, N¥~ County Tax Map ~arcel N6s. 1000-60-2-10.4 (prev. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716 ROBERT E. WALDRON, JR. Variance To the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition a: rear of existing dwelling which is less than 75 feet from the mean highwater mark along dred]gd canal at James Creek, Mattituck. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. 7:40 p.m. Appl. No. 3575 - ROSA~ ~: NODGSON. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold,~ NY~ County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. 7:50 p.m. Appl. No. 3707 JOSEPH F. CITARDI. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 as to insufficient setback from bank~ or bluff along the Long Island Sound, and (b) III, Section 100-31, Bulk Schedule, as to insufficient Frontyard setback from the front [southerly] p?operty line along C.R. 48, in this proposal to construct new single-family owelling. Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22. Page 2 - Notice of Hearings Regular Meeting April 14, 1988 Southold Town Board of Appeals 8:05 p.m. Appl. No. 3709 - EDWARD A. HANUS. (Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III, Section lO0-30B[15). Location of ProperTy: 635 Lupron Point Road, Mattituck, NY~ County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. Appl. No. 3715 BERNARD KIERNAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling and accessory structure(s) within 75-feet of the ordinary highwater mark along Southold Bay. Location of Property: 1605 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15. 8:20 p.m. Appl. No. 3722 MANFRED KUERNER. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 and Article III, Section 100-31, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional living area at rear of dwelling with reduction Of nonconforming siueyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomamue Pond]. Location of Property: East Side of Carole Road, Southold, NY~ County Tax Map Parcel No. 1000-52-2-3. 8:30 p.m. Appl. No. 3687 - JON C. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit #10-86-0092 ano Trustees Wetland Permit ~373. Location of Property: East Side of Narrow River Roam, Orient; County Tax Map Parcel No. 1000-27-2-5. 8:45 p.m. TARTAN OIL CORP.: (a) Appl: No. 3633 Special Exception under Article VII, Section iO0-70(B) of the Zoning Code for approval of the e'stablishment of a partial self-serv~ce gasoline station; and (b) Appl. No. 3636 Variance under Articles VI, Section 100-62(B)~ VII, Section lO0-70(B) for an ~nterpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Page 3 - Notice of Hearings ~egular Meeting April 14, 1988 Southold Town Board of Appeals Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Matti- tuck, NY; 1000-115-3-9. Zone: "B~l" General Business. 8:50 p.m. Appl. No. 3703 - JOHN AND EVELYN KEAT~NG. Variance to the Zoning Ordinance, Article X], Section 100-i19.2 for permission to construct new dwellin9 and garage with an insufficient setback from top of bluff or bank along'the Long Island. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. lO00-51-Oa-O06. 9:00 p.m. Appl. No, 3710 - THE COVE AT SOUTHOLD, INC. (Continued from March 17, 1988). The Board of Appeals will hear at said time and olace any and all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: April l, 1988. BY ORDER OF'~THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FOR~ NO. a ~ ~, TOYFBt OF SOUTFIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that you. r application dated ...{2~..0--~.....~?A~...... ~ .q ..... , 19 ~.~. for pel2nit to~ .~. ' .......................................... a~ Location of Property ~x} ~o~ ....... ~q: ........ Stroet Hom/ot County Tax Map No. 1000 Section ..-..O~ .... Block ... ~.~ ....... Lot ~..~. ~ Subdivision .................. Filed Map No ................. Lot No .................. is returned herewith and disapproved'/on the following grounds. ~.~, .~'..~.. C-~../.~.~. ? g J ~...&.. ........... .'.~ ...... , .... ;~&~....P-~. ~.~. ...... ~ ~ .... ~'0' ..... 7' ......... ~/ .................................................. Buikling inspector ~J~1~ TOWN OF ~OUTHOLD, NEW F OM OF .Ul mN NSP C O. TOTHE ZONING BOARD OF AP~, TOWN OF S~THOLD, N. Y. Na~ of ~ello~t Strut and Numar ......................... ~D.~.~.~.,...~.~...~.~.~ .................................................... HEREBY APPEL TO Munici~li~ StYe APPEAL NO. DATE ...O..q..~..o_.b..e..r.....2. 4..:... 1986 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: ROSA J. HODGSON WHEREBY THE BUILDING INSPECTOR DENIED TO of ............ ~.0 ~ a .. J.... J~ O.C~ g~.Q D. ................................ Nome of Applicant for permit .................... ...................... ............. Municipality State Street and Number [ ) PERMIT TO USE (x) PERMIT FOR OCCUPANCY ( ) PERMIT TO BUILD L L~)CATION OF T E PROPE T ..~i hthouse Lane n ~den%ial H 'E~ Y .......... g ...................................................... ,~..m~,~ .................. ~5 ~- Street and Hamlet Zone OWNER(S): Rosa J. Hodgson 1000-070-06-~3~' /v~op No. Lot No, DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicote the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance ) Article 3 , Section 100-31 3. TYPE. OF APPEAL Appeal is made herewith for ( xk 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~}:~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 c variance ond was mode in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) is requested for the reason that set off co,sage, REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would, like to approximately 1.125 acres with au5 of 7.5 acres existing caretakers Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~es ~o~ unneces- sary HARDSHIP because strict application would dictate that there be a two acre setoff zn an area that is presently comprised of one-acre building lots or smaller. In addition, the proposed masher plan will allow one acre lots in this distric%~ 2. The hardsh:p created is UNIQUE and is not shared by all properties alike in the vicinity of this property and in this use distri~ because m, ost of the existing lots in the area are one acre. mrnediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the character of the district is comprised of single family residences on one-acre or smaller lots. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) .... ............... GARRETT A Sworn to this ......................... .,24. t.~ ........... day of ........ .O...q.~...o.,b.~r. ............................... 19 86 /~otary Public ~ARBARA A $TRANG NOTARY p UBL~.~ Dote of Ne~ York No. 4730095 Qualified in 5uf~k Count3, Cornmiss;~ ~ '5/ ' ' .~- 76 - ~/- ~ ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET FORMER OWNER RES. LAND Tillable Woodland House Plot SEAS. IMP. /7~ 17 VL. I FARM TOTAL r DATE COMM. CB. MICS. RF_,%qRKS Mkt. Value FRONTAGE ON WATER ~ ~ o ' : / ~ ~ ~ O FRONTAGE ON ROAD DEPTH BULKHEAD / Tota I /Vt. Bldg. Extortion Extension Extension Breezeway Garage Totol COLOR ~/~7'z* TRIM ~.~ ~'~- ¢/ ~ d) [Foundation /d~? ~se.~ent .~,~, Ext. Walls ~.~ iFire Flace zoo i 2.,~p , G//o iType Roof !_ Recreation Room Dormer Both Floors Interior Finish He~t Rooms 1st Floor Rooms 2nd Floor Driveway 177Z7 ~ Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Gerard Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Chairman, Planning Board FROM: Valerie Scopaz, Town Planner RE: Rosa Hodgson (Set-off Proposal for) ZBA Case #3575 SCTM# 1000-70-6-13 The proposed set-off application raises the following questions: Adequacy of access. The proposed lot is landlocked except for the right-of-way shown on the map. Neither the map nor the enclosed property deed $eem to indicate how the proposed set-off will affect existing binding privat~ight-of-way agreements that may exist. any The Planning Board should not/' create a land locked parcel; nor should it cut off access to existing rights-of-way. The records submitted with the site plan application to the Planning Board do not appear to be clear enough to make a determination on this matter. Subdivision layout. The proposed layout of the set-off would result in an oddly shaped large lot with no identifiable driveway to the principal dwelling. Furthermore, if the land to the west of the set-off were to be set off at some future date, alternative access would have to be provided for the existing principal dwelling on the water. It is recommended that more information be provided by the applicant regarding the right-of-way agreement before any approvals are given. Town Planner TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORblING PREMISES THIS IS TO CERTIFY that the /-7 Land /R~ Building(s) located at 4845 Pine Neck Road Pre C.O. #- Z- 5193 Date- Jan. 12, 1987 Southold, New York Street shown on County tax map as District 1000, Section 070 06 , Lot 33 , does(not) conform to the present Code of the Town of Southold for the following reasons: Non-Conforming Tennis Court; Cottage in Front Yard; Hamlet , Block Building Zone On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~]7 Land /__~ Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to ~nd subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based Upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains 1~ story, one family wood framed dwelling with attached 3 story lighthouse, accessory cottage with attached garages; tennis court; garden areas; hedges; well; all situated in 'A' Residential Agricultural zone with access to Pine Neck Road; a Town maintained road. The Certificate is issued to (owner, of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. ROSA HODGSON lY~ YcYrx N/A N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the.Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and' regulations. Building Inspector '-~OUTHOLD TOWN BOARD OF APPEALS -6- May 3, 1979 PUBLIC HEARING: Appeal No.~.253~4~pon application of Sol Berg, 484 Pine Neck Road, $outhold, Ne~rk (Gilbert Lyons, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Sectiol 100-35 for permission to erect a fence which exceeds the height regulations and in accordance with Article III, Section 100-32 for permission to construct a tennis court in the front yard area. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek, Pulitzer, Conroy, Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting 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: Gloria Marchese, James and Eleanor Gibbons, James and Elizabeth Hamilton, Harold and Ruth Conroy and Bess A. Pulitzer. Fee paid $15.00 THE CHAIRMAN: The application is accompanied by a sketch which indicates that the proposed tennis court will be located 30 feet from Pine Neck Road, Is there anyone present who wishes to speak for this application? GILBERT LYONS: I represent Tennis Courts Unlimited and we built a tennis court on the other side of Pine Neck Road a year or so ago. If you will notice on your map the tennis court will be screened naturally with hedges and the fence. You will never see the tennis court from Pine Neck Road. The property is quite large so there is more than enou room for the tennis court. Since Mr. Berg's house faces the water, he would prefer to have the tennis court here. THE CHAIRMAN: I was surprised at how long the driveway was. MR. TUTHILL: I don't see any problem with this application due to the fact that he has over seven acres of property. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response). After investigation and inspection the Board finds that the appli- cant wishes to construct a tennis court in his legal front yard and have a fence 10 feet high which exceeds the fencing requirement in the Town of Southold. The applicant owns 7 acres of property and has more than enough room to accommodate the tennis court. 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 o~ 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. Tuthill, seconded by Mr. Gillispie, it was iS~UTHOLD TOWN BOARD OF APPEALS -7- May 3, 1979 RESOLVED, that Sol Berg, 484 Pine Neck Road, Southold, New York, be GRANTED permission to construct a tennis court in his front yard area and GRANTED permission to have a ~ence which exceeds the height requirements of the Town of Southold. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek Pulitzer, Conroy, Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer, upon the fol- · lowing conditions: (1) The tennis court shall be no closer than 30 feet to Pine Neck Road. (2) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: - Appeal No. 2535 - Upon application of Steve J. Doroski, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-81 and Bulk Parking Schedule for permission to construct a farm building with insufficient front yard setback. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road (C.R. 27); east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting 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: Village of Greenport. Fee paid $15.00. THE CHAIRMAN: The property referred to is the one that contains a residence and a grading barn and the proposal is to build a barn on the southerly portion of the property. Is there anyone present who wishes to speak for this application? STEVE J. DOROSKI: I guess I go. I will be happy to answer any questions you may have. THE CHAIRMAN: What is your. hardship, Steve? MR. DOROSKI: I have been in farming for 42 years and never have we experienced the vandalism that we are having now. They steal our batteries and gasoline every night. We need a building to put our tractors and trucks in. We will also be doing some grading there. MR. TUTHILL: How m~ch is it going to cost to build this building? MR. DOROSKI: About $40,000.00 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response). ~- ,SOuthold Town Board of Appeals -9- January 17, 1980 by the owner of the premises for his personal use provided that the land area devoted to such use shall not be less than 40,000 square feet. PERSON FROM AUDIENCE: That was this application. But I mean the'attorney's- MR. CHAIRMAN: This is the ordinance, the regulation in the ordinance. The requirements. Up to two horses or ponies. MRS. HILLMER: But 40,000 square feet especially only for the horse. MR. CHAIRMAN: Right, especially only for the horse. And the attorney sa~ that a dwelling now has to have 40,000 square feet. That's something like in a two-family residence, too. If you get the 80,000 square feet you're all right. Most of the time anyway you're all right. If no one else has anything, I'll close the hearing and we'll make the decision later on this evening if we don't get done too late, or very soon, and you will be notified and you can find out by calling the office. MR. GARDNER: Well, then there is no point in our waiting? MR. CHAIRMAN: No, we're running behind and we've got quite a bit of work to do yet tonight. On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that the matter of ROBERT F. LARSON, Appeal No. 2658 BE RESERVED ITS DECISION until the proper time. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill and Doyen. Absent: Messr. Douglass. PUBLIC HEARING: Appeal No~ Application of SOL BERG, 3810 Pine Neck Road, Southold, New~'~k (by John Bertani Builder Inc.) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in frontyard area. Location of property: 3810 Pine Neck Road, Southold; bounded north by'Pollert, Gibbons, Hamilton, Conroy, Pulitzer, and Jockey Creek, west by Marchese, south by Pine Neck Road, east by Jockey Creek. The Chairman opened the hearing at 8:03 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification was given to adjoining property owners; fee paid $15.00. · ~outhold Town Board of Appeals -10- January 17, 1980 MR. C~AIRMAN: We have copies of the proposed location of the accessory to be placed in the frontyard. Do you know exactly what you're going to wind up with there? JOHN BERTANI: Well, it's large, formal gardens that have al- ready been, most of~the work has been completed on the garden and ~they had in their original plan a garden house or patio so that you could sit out and view, and like I said th~ house is so situated, and is at least 5-1/2 or 6 acres considered frontyard area, and I think it would kind of ruin the whole garden if this were not permitted to be built there. And it's open on three sides, you know, it has some trellises and things like that. It's nothing where it could be closed in and used as a permanent struc- ture. MR. CHAIRMAN: How far from the street line, John, would it be about? MR. BERTANI: I think it's, I had it on the survey-- MR. CHAIRMAN: Wait a minute. anyone else have questions or want no response.) Does anyone wish to no response.) Here it is, 80 feet. Does to speak for it? (There was speak against it? (There was After investigation and inspection, the Board finds that the applicant requests permission to construct a garden structure in the frontyard area approximately 80 feet from the front property line. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Sol Berg, 3810 Pine Neck Road, Southold, New York BE GRANTED permission to construct accessory garden structure in the frontyard area as applied for, subject to the approval and/or recommendations of the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Location of property: 3810 Pine Neck Road, Southold, New York; bounded north by Pollert~ Gibbons, Hamilton, Conroy, Pulitzer and Jockey Creek, west by Marchese, south by Pine Neck Road, east by Jockey Creek. County Tax Map Item No. 1000-70-006-033. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill and Doyen. Absent: Messr. Douglass. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 LEE E. KOPPEL~MAN DIRECTOR OF PLANNING June 17, 1988 Town of Southold Zoning Board of Appeals Applicant: Rosa J. Hodgson Mun. File No.: #3575 S.C.P.D. File No.: SD-88-22 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Con~nission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria, particularly as relates to the lack of vehicular access via a Town roadway. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RE}AD- STATE RE}AD 25 SnUTHE}LD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the TOWD of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III, Section 100~3l~ Bulk Schedule Variance from Determination of Southoqd Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3575 Applicant: Rosa J, Hodgson Location of Affected Land: Pine Neck Road? Routhold~ NY County Tax Map Item No.: 1000-70~,6~33 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Federal Park or 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. approval of COMMENTS: Applicant is and width of parcel requesting ~M~mix~i~m %9 the ~nsufficient to be set-off in this pendin~ division of land, Land Copies of Town file and related documents enclosed for your review. Dated: June 14, 1988 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl. NO. 3575 Applicant(s): Rosa J. Hodgson Location of Property: N/s Pine Neck Roand and S/s Lighthouse Lane. County Tax Map ID NO. 1000- 70-6-33 Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Approximately 40 persons in the~-aud~6m~e and Linda Kowalski, Secretary of Zoning Board of Appeals.. were present. (Mr. Lessard, Building Dept. Administrator, was absent.) The Chairman opened the hearing at 7:50 o'clock p.m. and read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl, P.C., the most recent date is January 2, 1979 and a copy of a site plan of the entire parcel from Garrett Strang. The most re- cent date is September 26, 1986 indicating the existing cottage in rather an irregular type of lot of approximate 45,000 square feet to be set off. And I have a copy of the Suffolk County Tax Map indi- cating this and surrounding properties in the area. Would you like to be heard Mr. Strang? MR. STRANG: Good evening. The application, the reason for the ap- plication was such that well over a year ago, maybe even a year and a half ago, I had spoken and met with the Building Inspector, the Building Office or Administrator, Victor Lessard to get the title right not to offend him. CHAIRMAN GOEHRINGER: Executive Adminstrator. MR. STRANG: With respect to the fact that we wanted to put an ad- dition on the cottage that is referenced in our application. His position was that he could not allow there to be any further con- struction on that building since it does not meet the zoning in the town whereby you are not permitted to have more than one residence on a particular piece of property. That being the case, he denied our application and it was referred to your Board in a round about way. We had to go through the exercise of presenting to the Plan- ning Board an application for setoff. The nature of the setoff is in a little bit in excess of an acre. This is totally compatible with the surrounding area and is also compatible with the intended zoning under the proposed Master Plan. The grant of the site is somewhat irregular in configuration. That was predicated by many of the existing conditions that are there on the former estate. The nature of our application to you is such that we're looking for relief from the present two acre zoning to allow us to have a lot less than two acres. And as the application reads, is approximately 45,000 square feet. And we submitted various back up documents to your office as well as the Planning Board. I had received, some time back, a letter from the Planning Board indicating that they were in favor of the lot of substandard lot with present zoning. Page 2 - Thursday, .ril 14, 1988 Public Hearing - J. Hodgson Southold Zoning Board of Appeals MR. STRANG (continued): Since that time, there's been some back and forth correspondence between your Board and the Planning Board and my office as well. At this evening's hearing, I'm hopeful that we'll be able to ad- dress any questions this Board may have and thereby be able to move once your decision is granted or rendered, be able to move appropriately with the Planning Board. CHAIRMAN GOEHRINGER: Is there any reason why you didn't want to go the 80,000 square feet? MR. STRANG: Several reasons. One in particular is for the most part, this particular setoff is going to be on paper, if you will, because the addition and the use of the cottage is going to be for the son and daughter-in-law, the owner of the property. It is go- ing to remain in the family. It's really a vehicle by which we will be able to be permitted to put the addition on the building. The other situation here has to do with the access to the site or the site of the main house. And the way it's configured presently and the 45,000 square configuration, it would permit the existing driveway to be relocated if it ever had to be to still provide easy access to the main house. And again, one of the reasons if we were to delete a larger lot, it would encompass more of the existing driveway and necessitate more of it to be relocated CHAIRMAN GOEHRINGER: Is there a pre-existing c.o. on the cottage? MR. STRANG: There is a pre-existing c.o. on the cottage. I believe a copy of it should be in the file. CHAIRMAN GOEHRINGER: There's been no alteration of the driveway at this particular point. It's going to remain the same. MR. STRANG: The driveway is as shown on this survey. There hasn't been any relocation of the driveway at all. CHAIRMAN GOEHRINGER: What type of an addition are you going to deal with in reference to the cottage? What's going to happen to the cot- tage assuming? MR. STRANG: We are adding to the east side of the cottage, approxi- mately 24 by 36 one-story addition which will provide a living room, dining room and kitchen area and a bathroom facility which will ser- vice one of the bedrooms which will become the master bedroom. The cottage is presently very small for the occupants. That being the owner's son and daughter-in-law and their children. CHAIRMAN GOEHRINER: Alright. Thank you very much Mr. Strang. Is there anybody else who would like to speak in favor of this appli- cation? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Page 3 - Thursday,~?ril 14, 1988 Public Hearing - ~la J. Hodgson Southold Zoning Board of Appeals MR. STRANG: Could I just add one more point before you close the hearing? I believe there was some question that arose to respect with the access of the setoff site. And I believe you have in the file there a copy of the deed to the property which clearly indi- cates that the right-of-way is granted to the property for travel and access from Pine Road. Actually, it's defined more clearly on page 2 and 3 of that document. And I also have some pictures that I could submit to the Board which show the nature of the right-of way which is paved, it's asphalt and certainly in more than service- able condition. CHAIRMAN GOEHRINGER: Thank you. Ail in favor - AYE. Southo d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI June 10, 1988 Mr. Garrett A. Strang, Main Road, Box 1412 Southold, NY 11971 Re: Appeal no. 3575 Rosa J. Hodgson Dear Garrett: Transmitted herewith for your records findings and determination rendered by th~ in the above matter. is a copy of the Board of Appeals Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Suffolk County Planning Linda F. Kowalski Board Secretary Commission TOWN OF SOUTIIOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTItOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /--/ Land Pre C.O. #- Z ~ 5193 _//xBuilding(s) Date- Jan. I 2, 1987 Use(s) located at 4845 PINE NECK ROAD SOUTHOLD Street Hamlet shown on County tax map as District 1000, Section 070 , Block 06 Lot 33 , does~not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Non-conforming tennis court; 4 garages; cottage in front yard. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /Z/Land ~_~ Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains main. one~_ family dwell ing,. a cottage; ~ ~es; sneo; ~tio & fo&~taia and %]1 situated in the A Residential Agricultural zone with access to Pine Neck Road, a {9w~ maintained road. The Certificate is issued to of the aforesaid building. ROSA HODGSON (owner, Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of thc above premises I-La, S NOT CONSENTED TO AN INSPECTION of thc premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, thercfore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. .... l',uiiding"~s pe ctor HIS IBM~I~, ~ the Sth day of Watch, ~rt, and ~L UE~ end ~ ~, hif wife, parties of t~ ~ till of ~ fi~t ~t, kn ~oideratl~t o~ that ~ ~r . _---.~.s~ ~Jd ~ the parties of t~ s~ ~rt, ~ he~ 9mt ~ rel~ unto the p~rtiel of t~ i~ pail, tM ~lrl or i~gKrl K iSligfls of t~e A~ t~t Cert~Lfl plot, pt~ or prell of lend, with the a~ i~)rov~fltl t~rc~ erectS, .tt~te, lying and ~inq ~ of ~ut~ld, ~ty of Suffolk o~ Htate of ~ York, ~d~ ..... ut~aterly ~rner of land ~dJ~lntni l~nd for~rly Of ~ya on ~ ~Of Pine Neck ~; . - - aA -econd~ Meat, alonq land ior~rly of ~yd, ~80.03 fff~ ~ t~ mid line of a cert,~in ~ aloflO the mid line of said right o~ way and land of ~ib~ns ~rth 7s d~r~s 04 minutes 20 sennas ~at ~0.0 ~E~E ~lonq la~ Of Gi~I a~ ~ilton, North 84 degress 04 40 ~ alii{ al~g l~& of N~itton, ~tth S degrees 55 ~inuteS me~fldl Melt, 15.0 ~'K ~rth B4 ~reel 04 mknutel 20 le~ndl East, 56.0 feet~ ~ alon~ la~ of ~nroy, ~rth S4 d~r~e 32 ~tes 40 in.nde ~ ilon~ Iaed'0t pelttzer. South 6 deqteel 54 lift.tea 20 t to t~ a~r~e I~ ordinery high viler ~do Bast, 201.41 ~ld line inter.cling an existing ~lk~ad li~ of .lackey Cr~K li~ al~ J~key Cr~k)~ C~ek ~ ~aeur~ ~ t~- ~)r~herly lide of Fine Neck ~ ~te~y 4~ ~uther~y 4~ong t~ ~rt~rZy iI~ of ~ne ]. kuth ~4 d~rffl 4S linUteO W.t, 795.~ f~tJ o~ ~yd a~ t~ ~Jflt or p~ace o( ~ER with ail rights of t~ ~ler tn 4n~ to tM uleef io ~ uf d certain exlltl~ rl~t ot way ~OF al~ Ordinary i ~ttt~ ot the ~rt~r~ d witerly i~l of ~arceJ ot~r~ fr~ Parcel I to PIM ~k ~, the slid rtqht of ~e ~sterly line of laid riqht of way ~inl at a ~t,t on ~rthe~ly line of Pine ~ ~ it the ~uWist ~rNr ~ or forMriy Of Grit~l and runs t~n~ ~rth 09 55 minutes 40 ~l kit, 200 f~t. maid right of way runs t~ ~r~h 78 de~FNo 04 mj~t~ 20 O~l EOO~, t~to~Jh 10M of ~yd htr, thro~h land of ~l~l I~ i~lt~ 220 fNt~ ~eKe ~td Pardi l, ~ 84 ~rNl 04 mlmJtel 30 s~o ~st 219.21 f~t ~ ~th ?l ~rNa 04 minutes 20 OWl ~ot, g0 tee[ l~ of ~rc~ ~ ~ I ~r~s SS ~n~eo 40 seconds Beat, 15 feet~ ~ b~ ?l Mr~o 04 ~nut~ 10 Ncn~o lo~ of ~r~e~, 149.~ f~ tO a ~lflt/ ~ ~uth 8 deqr~ S5 minutes 40 ~ ~et 16~.13 f~t t~ lind of ~rche~ t~ ~rtherly ii& of Fine ~k ~d~ th~ ~uth 76 ~rees Pardi 1 of t~ pr~i~S ~ ~v~d LO I~t tO of ~y existr~ rJ~t of roy ~ch Il idJlffnt to i~ Mrt~fl of t~ ~oFtMrJy llM of ~ 4~ore~ld Porcei -2- 70 I! 21 PAAC~ f I AL~ that ~rt4jn plot, pie~ or ~rcel of ls~ mad ~mch .it~te, lying ~d ~,~ iff t~ ~ of ~t~Jd, ~ ~sterly ~ Old ~aflnol ~rt o~ Hmll~ ~h, bing by ~ --, ~rtherly ~ b ~un~ end delcrl~ 48 ~ollo~1 .., bi~ ~re particularly Jnter~ct~ by tho vemterly ay, *qe hJqh ~mter ~J~ 210 g~t ~alteriv ~ )~ pln~ 4. huth lO ~r.i 27 /Shut. O0 . ~ l~ of ~th 83 80 ~g IS ~nMtel O0 l~dl re, t to t~ *~r~ high ~l ~ tb ~i~t or plm~ of ~I~IM. ~mter Mrt of Old the ~lrst ~ort, of, in snd to lam Islu4, Ib~t 3/4 l~ETl~lt v~th all the right, title end Interest, it 4n¥, of tan ~irti~s o! the first pert, of, in ~ to the lsnd belc~ the N Ill~l~ w4ter tdlrk d tl~Jlr the wltdlrl of ~ Crook, T~3u~ Crick · . imkudoul6~d in thc os-coiled Old C~lm~ll serro~fJdill~ Solid lsi6nd 1~ vlth rill ,l~liltu of the parties of the first ~rt, If ally, in and to the voters of Toun lift)or. Old Cltdnn~l, b Cbianel add 3o~y Cre~k herO, riM es portions of th~ 9ree~toes herein conv~l~d. ~ o! Semibold. N~w YoFko ftJ~ to utility e&ee~fJ~te o~ Loa~ Island Ltghtioq Co. recorded iA Libor 4537 cI~ 291. Llher 4S37 cp 2H, and Libor 4tll c~ 52, in the of¢ic~ of tlw~ Clerk of the County o~ Suffolks O~ the Sth dray of Mmrch, 1~79, before mt~ personally c~ ul~l~ J. ~ ~ ~1~ ~. his wifo, to M f~l~ imstr~t, ~ ~k~l~ that th~ e~t~ the m~. ?ltle Guarantee Co. # 1204088 UlLLIAM J. PO~,E~T end A]fTO~ POI~I', hie wife SOs. BEIIG MID ROSA his R~ D Southold, N.Y. 11971 (516) 765-1938 November 12, 1986 Mr. Garrett Strang Architect P.O. Box 1412 Southold, NY 11971 RE: Rosa Hodgson Dear Mr. Strang: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, November 10, 1986. RESOLVED that the Southold Town Planning Board refer the following comment to the Southold Town Board of Zoning Appeals with regard to the application of Rosa Hodgson to set off 45,000 square feet from 7.152 acres located at Pine Neck Road, Southold: The Planning Board is favorable to this proposal since this area is proposed for one-acre zoning in the Master Plan. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold Town Board of Appeals NIAIN ROAD- BTATE ROAD 25 ~OUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD April 14, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ' ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3575 PROJECT NAME: ROSA J. HODGSON 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 To%~n of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ['X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approvai of the insufficient area and width of parcel to be set-off in this pending division of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Pine Neck Road, Southold, NY 1000-70-6-33 ' ' - REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda K6wals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc EH, ~ursuant to Sectio~ 267 of the ~own Law and the Code of the Town of Southold, the followin~ hearings will be held the 'lbwn Hall, Main Road, Southold, NY, on ~ APRIL 14, 1988 at the follow- ing times: 7:35 p.m. Appl. No. 3719- SQUTHQLD ~AVINGS SANK. Variance to the Zoning Ordinance, Article VI; Section 100-60 (C) [2] (a) for penuission to erect an on-premises building identification sign, the lower edge of which will be less than four feet above ground. Loca- tion of Property: 1400 Railroad (Youngs) Avenue, Southold, NY; County Tax Map Parcels Nos. 1000-60-2-1.4 (prey. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716- ROBERT E. WALDRON, JR. Variance to the Zoning Or- dinance, Article Xi, Section 100-119.2 for permission to con- struct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwnter mark along dredged canal at James C~-ek, Mat- tituck. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. /"~'/:40 p.m. Appi. ~o. ROSA J. HODGSON. ~ Variances to the Zoning Or- dlnance, Article II1, Section 100-31, Bulk Schedule, for aP.-/ proval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County ~ax Map Parcel No. 1000-70-6.33. Con- mining 7.152 acres total. 7:50 p.m. Appl. No. 3707- JOSEPH F. C~TARDI, Variances to the Zoning dinance, Articles: (a) XI, Section 100-119.2 as to insufficient set- back from bank or bluff along the Long Island Sound, and 111, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] property line along C.R. 48, in this proposal to con- struct new single-family dwell- lng, Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22. 8.'05 p.m. Appl. No. 3709- EDWARD A. HANUS. (Recess- ed from February 18, 1988, as a~l). Special F_x~tion for approval of Acces~ Apart- mant within existing dwelling in accordance with the re- quirements of Article III, Sec- tion 100-30B(15). Location of Property: 635 Lupton Point Road, Mnttituck, NY; County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. Appl. No. 3715- BERNARD KIERNAN. Va¥iance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct additions to dwelling and accessory structure(s) within 75 feet of the ordinary highwater mark along Southoid Bay. Loca- tion of Property: 1605 North Pltrish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15. 8:20 p.m. Appl. No. 3722- MANFRED KUERNER. ~ariances to the Zoni~ dinanee., Article XI, Section 100-119.2 and Article 111, Sec- tion 100-31, for permission to extend garage an additional two feet from that previously granted under AppL No. 3706 and to construct arlditional liv- ing area at rear of drilling wRh reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 f~t of bulkhead along hi~hwat~r of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southoid, NY; County 'Pax Map Pa~el No. 1000-52-2-3. 8:30 p.m. Appl. No, ~687- JON C. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit No. 10-86-0092 and Trustees Wetland Permit No. 373. Loca- tion of Property: East Side of County Tax Map Parcel No. 1000-27-2-5. 8:45 p.m. TARTAN OIL CORP.: (a) AppL No. 3633- Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the establishment of a Partial self- service gasoline station; and (b) Appl. No 3636- Variance under Articles VI, Section t00-62(B), Vll, Section 100-70(B) for an Interpretation O f "retail shopping cent~" mid for permission to ~tnblish con- venience store as an acc~sory to the existing gasoline-service station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sun~t Avenue, Mattituck, NY, 1000-115-3-9. Zone: "B-I" General Business. 8:50 p.m. Appl. No. 3703- ...HN AND ~gA.~_ x~an~ to the Zon- ing Ordinance, Article Xl, tion 100-119,2 for permission to constroct new dwelli~_.e garage with an insufficient set- back from top of bluff or bank along the Long Island Sound. Lo~tion of Property: Soundview A~enue, Southol~ NY; County T~x Map Pardi No. 9:00 p.tn. AppL No. 3TlO- ~-~ ¢OV~ AT SO~'mOL~ INC. (Continued from March 17, 1988). The Board of Appeals will hear at seidtime and place all representatives or persons desir- ing to be henttl in not start befog tile time a]iot- ted. Written comments may he submitted prior to the conclu- sion of the subject hearing. For more information, plebe 765-1809. Dated: April i, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kov~lski, Board Sect~ry IT-4/7/88(59) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the ........ ? ............ day of . ~.-~.~q~.'d~'~' 19 ~¥' Sworn to before me this ~ day of Notary Public Town of Southold, the followin8 hearings will be held by the SOUT~OLD TOWN BOARD OF ~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSOA¥. APRIl. Id. 19~ at the following thnes: 7:30 p,m. Appl. No. 3719 - SOUTHOLD SAVINGS BANg. Variance to the Zoning Ordinance, Article VL Section I00-60(C)[2](a) for permission to erect an on- premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southuld, NY; County Tax Map coverage, and within 75 feet of Secti~ 100-70( bulkhead along highwater.uf - Code for ap Cove" [a/k/a Arsham ...... Old Loc~i-- .-- -~.--a,~t'ond]. s~lishme? ATEOFNEWYORK ) · ~ o. ~openy; East Side ~ Carole Road, Southold. NY;? tee gasoline Co) Appl. No. ) S$: CoUnty Tax Map Parcel No. 10GO. ' under Articles IUNTY OF SUFFOLI( 52-2-3. 62(B). VII, Sect~ 8:30 p.m. Appl. No. 3687 - an Interpretati '~--~. (Recessed from shopping cenc~ ~- ~ o ' 1_ ~ permission t~ .... 12Z."!.a ~_v of Groonport, in March 17, 1988), Interpretation - ' conveaience stOOd Gounty, boing duly sworn, says that ho/sho is and, if neeelgaO,' Variance under m the existia8 ncipal Glork o~ tile SUFFOLK 'rIMl:$0 Article XI, S~¢ti~ 100.119.2 of station. the Zoning Code, for permission Location of twspop®r, ~ublishod at Groon~ort, in tho Town to locate building p~r~uant to DEC Side of Main Permit #10-86-0092 and Trustees Manatooka Lane, u, Gounty of Suffolk and Stero of Now Wetland Permit #373. Location of of Sunset Avenue~k, and that tho Nofico o~ which tho Property: East Side of Narrow 1000-115-3-9. River Road, Orient; County Tax General Butiness?rintod copy, has boon rogularly publishod in Parcel Nds. 1000-60-2-10.4 (prey. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716 - ROBERT E. WALDRON. IR, Variance to the Zoning Ordinance, A~icle XI, Section 100-119.2 for permission to construct deck dition at rear of existing dwelling' which is less than 75 feet from thc mean highwater mark along dredged canal at James Creek, "~'"-~-~-,d Newspaper once each week for _1 _ weeks successively, commencing on the __7 dayof__ ~ - Apazil 19~8 - Mattitock. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. ~'* 7:40 p.m. Appl. No. 3575 - /~OSA L HODGSQ~. Variances to ~ the Zoning Ordinance, Article III, ~Section 100-31, Bulk Schedule, for {approval of the insufficient area j~nd width of parcel to be set-off in Sthis pending division of land. ~ Location of Property: North Side ~ of Pine Neck Road, Sonthold, NY; [ County Tax Map Parcel No. 1000- ~ 70-6-33. Containing 7,152 acres %~otal. 7:50 p.m. Appl. No. 3707 ~ JOSEPH F, CITARD~. Variances to the Zoning Ordinance, Articles:. (a) XI, Section 100-119.2 as to insufficient setback from bank or bluff along the Long Island Sound, and Co) IH, Section 100-31, 'Bulk Schedule, as to insufficient ftontyard setback from the front [southerly] property line along C.R. 48, in this proposal to construct new single-family dwal~ng. Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000- 44-01-22. 8:05 p,m. Appl. No. 3709 - EDWA . U , (Recessed from Fchruaty 18, 1988as agreed). ~ Special Exception for approval of/I Accessory Apartment within existing dwel~ng in accordance with the requirements of Article 111, Section 100-30B(15). Location of Property: 635 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000- 115-11-3. 8:15 p.m. AppL No. 3715 - ~. Vance to See Legals, next page APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. ROBERT J. DOUG!.J~SS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr,ulv_.., Gl~RARD P. GOEHR~NGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk GARRETT A. STRANG ARCHITECT MAIN ROAD, P, O. BOX 141~ SOUTHOLD, NEW YORk ll971 January 15, ~r. Gera]d Goehringer, Chairman Southold Zoning Board of Appeals gain Road Southo]d, New York ]1971 Re: Aoplication of Rosa ttodgson At the request of your office, the fo]lowing is a break- down of the phased alterations to the cottage at the above referenced project: Original building consisted of: Coretaker's Cottage 434 s.f. First Two Car Garage 616 s.f. Second One Car Garage 308 s.f. TOTAL BLDG. AREA ],358 s.f. In 1979 one bay of the first garage was an additional bedroom adding 264 S.F. of the cottage. converted into living space to Building after 1979 alteration consisted of: Altered Cottage 698 s.f. Altered First Garage to One Car 352 s.~. Second One Car Garage 308 s.f. TOTAL BLDG. AREA ],358 s.f. (same as above) In 1984 the remaining area of the f]rst garage was con- verted into an additionnl bedroom adding 352 s.f. of living space to the cottage. Building after 1994 alteration and as presently ex- ists: Altered Cottage Remaining Secoqd Garage TOTAL BLDG. AREA ],050 s.f. 308 s.f. 1,358 s.f. (same as above) Mr. Gerald Qoe~rinqer Page Two January' 15, 1987, I trust this answers any questions vou may hove had as to the progression of the work. I am enclosing a cody of the determination from S.C. De- partment of }lea]th Services, indicat~nO their granting a waiver of the well requirements, which will allow us to procced with the application Drocess for the County ap- oroval of the subdivision. if you have any questions, please call. Vcr~ truly yours, '.,~.~ ~/Garrott A. Strang, R.A. Egc. Hr. ,gerald Coehrinqer Page Two January 15, 1988 I trust this answers any questions vou may h~ve had as to the progression of the work. I am enclosing a copy of the determination from S.C. De- partment of Health Services, indicating their granting a waiver of thc well requirements, which will allow us to procced with the application] orocess for the County ap- oroval of the subdivision. If you have anv questions, please call. Vor~, truly yours, GASh /Garrett A. Strang, R.A. E~C · COUNTY OF SUFFOLK MICHAEL A. Lc)GRANDE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 January 4, 1988 DAVID HARRIS, M.D., M.P.H. Dear Mr. Strang: Subject: Board of Review Hearing - December 16, 1987; Proposed Subdivision of Hodgson, (T) Southold (SCTM 1000-70-6-33) At the hearing held on December 16, 1987, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance for the two-lot development and allow the use of the shallow well as installed--provided that a covenant is filed on the large lot that it will not be further subdivided until public water is available. The granting of this waiver does not imply that your application will be auto~tically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review PJ%V/jb cc: Mr. Walter G. Lindley Ms. Susan Windesheim Town of Southold Planning Board Mrs. Rosa Hodgson, P.O. Box 1644, Southold, NY 11971 348-2786 GARRETT A. STRANG ARCHITECT MAIN ROAD, P. O. BOX 1412 $OUTHOLD, NEW YORK 11971 516-765-5455 December 15, 1987 Mr. Gerald Goehringer, Chairman Southold Zoning Board of ApDeals Main Road Southold, New York ]]971 Re: Application of Rosa !todgscn: Dear Mr. Goehringer and Members of the Board: In response to your request, I am enclosing for your re- view a copy of a survey, prepared by R. Van Tuyl, show- ing ownership of the right of way (indicated in red). I would like to call your attention to the fact that a good portion of the right of way is either partially or exclusively on the Hodgson property. This right of way has been used and continues to be used to gain access to her proDrty. I do not see how a setoff, which is only a vehicle through which to allow an addition to be built to the existing dwellinc, will 'overburden' the right of way. If you have any questions, please call. Best reQards for the Holidays! GAS/b Eric · Very truly yours, Garrett A. Strang, R.A. Southold, N.Y. 11971 (516) 765-1938 January 25, 1988 To: From: Re: Gerard Goehringer, Chairman Bennett Orlowski, Chairman ~/[. ROSA HODGSON SCTM # 1000-70-6-33 Upon review of the file and recent information that was submitted, regarding right-of-way access, it is the Planning Board's opinion that the land should be subdivided so as to provide the new lot with frontage on a public street. If road frontage is provided as shown, on the enclosed map, there would be an additional lot of approximately 48,500 square feet to the west of the proposed set-off. The sub- division proposal should be amended to show three lots with road front- age instead of two lots, one without road frontage. Enclosed is a copy of the Health Department's variance. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK~I~t MICHAEL A, LOGRANDE SUFFOLK COUNTY EXECUTIVE January 4, 1988 DAVID HARRIS. M.D., M.P.H. Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Dear Mr. Strang= Subject: Board of Review Hearing - December 16, 1987; Proposed Subdivision of Hodgson, (T) Southold (SCTM 1000-70-6-33) At the hearing held on December 16, 1987, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance for the two-lot development and allow the use of the shallow well as installed--provided that a covenant is filed on the large lot that it will not be further subdivided until public water is available. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review RAV/jb cc: Mr. Walter G. Lindley Ms. Susan Windesheim Town of Southold Planning Board Mrs. Rosa Hodgson, P.O. Box 1644, 348-2786 Southold, NY 11971 :.~.~l~ .v~=. ~.....,. i . j Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 26, 1988 Mr. Garrett A. Strang, R.A. Main Road, Box 1412 Southold, NY 11971 Re: Appl. No. 3575 Rosa Hodgson (Variance) Dear Garrett: Transmitted for your information is a copy of a memorandum received today from the Town Planner concerning the above project, which is also pending with the Town Planning Board. Please address these questions either in writing or during the hearing and furnish us with a title report or other documentation which would confirm all those parcels having legal access over the subject right-of-way (which presently appear to be at least 10). Also, in researching town records, we have not been able to locate an approved 280-a by either the Board of Appeals or the Planning Board over the private right,of-way. Yours very truly, Enclosure cc: Planning Board Ms. Valerie Scopaz, Town GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Planner Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Gerard Goehringer, Chairman, Zoning Board of Appeals Bennett Orlowski, Chairman, Planning Board FROM: Valerie Scopaz, Town Planner RE: Rosa Hodgson (Set-off Proposal for) ZBA Case #3575 SCTM# 1000-70-6-13 The proposed set-off application razses the following questions: Adequacy of access. The proposed lot is landlocked except for the right-of-way shown on the map. Neither the map nor the enclosed property deed seem to indicate how the proposed set-off will affect any existing binding privat~ight-of-way agreements that may exist. The Planning Board should not~' create a land locked parcel; nor should it cut off access to existing rights-of-way. The records submitted with the site plan application to the Planning Board do not appear to be clear enough to make a determination on this matter. 2o Subdivision layout. The proposed layout of the set-off would result in an oddly shaped large lot with no identifiable driveway to the principal dwelling. Furthermore, if the land to the west of the set-off were to be set off at some future date, alternative access would have to be provided for the existing principal dwelling on the water. It is recommended that more information be provided by the applicant regarding the right-of-way agreement before any approvals are given. Valerie Scop~ Town Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 INTER-DEPARTMENTAL MEMORANDUM TO: DATE: SUBJECT: Valerie Scopaz, Town Planner January 26, 1988 Appt. No. 3575 Rosa Hodgson Pending Set-Off Division CTM #1000-70-6-33 (Variance We are in receipt of your memorandum today concerning the above project. Enclosed for your perusal and file are copies of received from Garrett A. Strang, the applicant's December 15, 1987 with map enclosure with regard applicant's position on the right-of-way. responses agent, dated to the With reference to the items mentioned in your memorandum, we must ask that if you have an alternative layout which you or the Planning Board would like to suggest, that you do so through our Department at this time (prior, of course, to our advertising this matter for a public hearing in late February). As you may know, the Planning Board's letter of November 12, 1986 indicated a favorable response to the present layout and did not include any suggestions for changes. Perhaps the applicant or his agent should be contacted for a preliminary conference with you and the Planning Board concerning those questions raised(prior to our hearing)~ and then these and other issues can be finalized at the variance hearing without unnecessary additional hearings. lk DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M.D., M.P.H. COMMISSIONER November 24, 1987 Mr. Garrett A. Strang, R.A. P. O. Box 1412 Southold, New York 11971 Re: Proposed Subdivision of Hodgson, (T) Southold (SCTM 1000-70-6-33) Dear Mr. Strang: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for December 16, 1987, at 9:30 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room N-204, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review RAV:cah cc: Mr. James L. Corbin Mr. Harold Scott Mr. Walter G. Lindley Ms. Susan Windesheim Mrs. Rosa Hodgson Town of Southold Planning Board (516) 548-3312 Ext. 12 GARRETT A. STRANG ARCHITECT MAIN ROAD, P. O. BOX 1412 SOUTHOLD, NEW YORK 11971 $16-765-,5455 November 23, 1987 Mr. Gerald Goehringer, Chairman Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of Rosa Itodgson Dear Gerry: I recently received a copy of a letter sent to the Board by neighbors of Hrs. Itodgson, on her application. After reviewing the contents of the letter with my cli- ent, there are several items which appear to be inaccu- rate. I am enclosing a copy of a letter from Mrs. Hodgson to my office, in reply. I trust this will adequately answer any questions you may have. If not, please contact me. I am still awaiting the information from the surveyor with respect to ownership of the right of ways. Very truly yours, GAS/b Garrett A. Strang, R.A. Enc. Rosa J. Hodgson 50 E. 79 St. #12C New York, NY lO021 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the ~_~ Land ~ Building(s) /]7 Use(s1 located at 4845 Pine Neck Road Pre C.O. #_ z-15193 D~te- Jan. 12, ~987 Southold, New York Street shown on County tax map as District 1000, Section 070 06 , Lot 33 , does(not) conform to the present Code of the Town of Southold for the following reasons: Non-Conforming Tennis Court; Cottage in Front Yard; Hamlet , Block Building Zone On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming J--7 Land /3 Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to ~nd subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains 1~ story, one family wood framed dwelling with attached 3 story lighthouse, accessory cottage with attached garages; tennis court; garden areas; hedges; well; all situated i~ 'A' Residential Agricultural zone with access to Pine Neck Road; a Town maintained road. The Certificate is issued to ROSA HODGSON (owner, of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A lZeXsZ~x ~rx l~x NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by theBuilding Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and'regulations. Building Inspector BOARD OF APPEALS~ TOWN OF SOUTHOLD In the Matter of the Petition of~ ROSA G. HODGSON ~ to the Board of Appeals of I the Town of Southold ~ APPEAL No. 3575 NOTICE The undersigned, HAROLD W. CONROY, received from GARRETT A. STRANG, ARCHITECT, representing the above named Petitioner, a notice to adjacent property owner dated October 30, 1986 stating that a written petition requesting a variance would be filed in the Southold Town Clerk's Office within five days from October 30, 1986. Under date of November 6, i986 the Southold Town Board of Appeals requested that it be furnished with certain itemized data prior to the scheduling of a public hearing. Examination of the file discloses that the additional information has not been filed to the date hereof. The undersigned intends to participate in the public hearing regarding this appeal. The undersigned by reason of being absent from the Southold area until April i, 1987 requests that this matter be scheduled for a public hearing subsequent to April 7, 1987. Respectfully submitted · CONROY'~ January 29, 1987 Copy to~ GARRETT A. STRANG, P.O. Box 1412 Southold, NY 11971 ARCHITECT STATE OF NEW YORK COUNTY OF SUFFOLK HAROLD W. CONROY, residing at Lighthouse Lane, Southold, New York, being duly sworn, deposes and says that on the 29th day of January, 1987 deponent mailed a true copy of the foregoing Notice directed to Garrett A. Strang, P.O. Box 1412, Southold, New York 11971. H~LD WY CONROY Sworn to before me this~z~day of January, 198~. otary Public M~RY ANN C~I PUBLIC St~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of: ROSA G. HODGSON ' to the Board of Appeals of i the Town of Southold ~ APPEAL No. 3575 NOTICE The undersigned, HAROLD W. CONROY, received from GARRETT A. STRANG, ARCHITECT, representing the above named Petitioner, a notice to adjacent property owner dated October 30, 1986 stating that a written petition requesting a variance would be filed in the Seuthold Town Clerk's Office within five days from October 30, i986. Under date of November 6, 1986 the Southold Town Board of Appeals requested that it be furnished with certain itemized data prior to the scheduling of a public hearing. Examination of the file discloses that the additional information has not been filed to the date hereof. The undersigned intends to participate in the public hearing regarding this appeal. The undersigned by reason of being absent from the Southold area until April i, 1987 requests that this matter be scheduled for a public hearing subsequent to April 7, 1987. Respectfully submitted R~OLD W. CON~{~)~'~' January 29, 1987 Copy tol GARR~£T A. STRANG, P.O. Box 1412 Southold, NY 11971 ARCHITECT STATE OF NEW YORK COUNTY OF SUFFOLK HAROLD W. CONROY, residing at Lighthouse Lane, Southold, New York, being duly sworn, deposes and says that on the 29th day of January, 1987 deponent mailed a true copy of the foregoing Notice directed to Garrett A. Strang, P.O. Box 1412, Southold, New York 11971. Sworn to before me this~z~day of January, 198~. E Notary Public H~R~LD W.~ CONROY MARY ANN CYBULSKI NOTARY PUBLIC State ef New Yolk Re~xlmg ,n SulMIk N~ 52-~95.q00 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH PI. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11'9'71 TELEPHONE (516) 765-1809 November 6, 1986 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 3575 - Rosa Hodgson Dear Ga~rett: This letter will acknowledge receipt of the above recent application. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling this application for a public hearing. Also, it is requested'that the following be furnished as early as convenient: ~_~ ~/i~/~ (a) copy of Suffolk County Health Department Article approval, waiver or other action; -- (b) input from the Southold Town Planning Board concerning the general lay-out and access elements; /q/~? (c) copies of a Pre-Certificate of Occupancy or other Certificate of Use which has been issued concerning the use of the entire premises and the nonconforming use as exists; Id/~ (d) copies of deeds or other instrument indicating the access to the existing cottage(over other lands as shown). Upon receipt of all of the above, a public hearing will be scheduled for the next available hearing date. Yours very truly, CC: GERARD P. GOEH~INGER C~[~I R~M A,~. Planning Board ~'~B~L?n~d a~a~ K O~a~-~s k i4~ GARRETT A. STRAN(~ ARCHITECT April 21, 1988 Mr. Bennett Orlowski, Chairman Southold Planning Board Main Road Southold, New York 11971 Re: Application of Rosa Hodgson Dear Mr. Orlowski and Members of the Board: As per your memo to the ZBA of January 25, 1988, your office has suggested the possibility of making a proposed setoff lot with road frontage on Pine Neck Road, in connection with the above application. This will present a problem as it will create three lots on the property, and the Suffolk County Health Department will not allow three lots until public water is available. In ad- dition, they have given approval to creation of two lots, based on the same plan on file in your office. I do not see the need for the lot to have road frontage, due to the fact that there is legal, deeded right of way access, which has been paved and is in excellent condition. Furthermore, if the lot were to have this road frontage, it would prohibit our providing access to the principal dwell- ing, from the existing driveway and entry gate, located on Pine Neck Road. Given the above complications, I respectfully request that the Board act on this application and site plan as presented. I would appreciate the Board's input on the above and request that it be placed back on the calendar for the May meeting, since I anticipate a decision from the ZBA prior to this time. Thank you for your courtesy and cooperation. Very truly yours, GAS/b j cc: ZBA R. Hodgson Garrett A. Strang, R.A. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE iLTM 1987 November 24, 1987 Mr. Garrett A. Strang, R.A. P. O. Box 1412 Scuthold, New York 11971 Re: Proposed Subdivision of Hodgson, (T) Southold (SCTM 1000-70-6-33) Dear Mr. Strang: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for December 16, 1987, at 9:30 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room N-204, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Rpbert A. Villa, P.E. Chairman Board of Review RAV:cah CC: Mr. James L. Corbin Mr. Harold Scott Mr. Walter G. Lindley Ms. Susan Windesheim Mrs. Rosa Hodgson Town of Southold Planning Board (516) 548-3312 TO: Office of the Building Inspector and of Appeals Town Hall, Southold, New York Re: ROSA Jo HODGSON Lighthouse Manor Pine Neck Road Southold, New York Southold Town Board We, Betty Ro Karlin, William Jo Pollert, James Eo Gibbons, Elizabeth G. Hamilton, Harold Wo Conroy and Bess Ao Pulitzer, the undersigned, being owners of property on Lighthouse Lane, Southold, New York, which Lighthouse Lane is adjacent to property owned by the above referenced Rosa Jo Hodgson, wish to call attention to the following, to Wit~ 1o Title to the property now owned by Rosa J. Hodgson was conveyed by deed from William Jo Pollert and Antoinette Pollert recorded in Liber 8593 page 587 on ~larch 9, 1979. Said premises were conveyed subject to zoning re- strictions and building ordinances of the Town of Southold, New York. 2. At the time of the conveyance of title by the Pollerts in March 1979 the property conveyed contained, in addition to the main house, a small cottage and, adjacent thereto, three garages. In September 1986 two of the garage~ adjacent to the small cottage were· altere~ 9omTected an~ converted into livi ~ng quarters, thereby enlarging the living quarters of the cottage. 3. Investigation of the records at the Southold Town Hall reveals that no building permit was issued, fgr the conversion of the two garages~nto, living ~and no Certificate of Occupancy issued. 4. On November 6, 1986 the Southold Town Board of Appeals in a letter to Garrett A. Strang, Architect, re- garding Appeal Noo 3575 for a Set-Off requested that it be furnished additional data. Such request is still unfilled° 5. On January 12, 1987 the Office of the Southold Town Building Inspector issued a Pre C.0. No. Zi5193 which inadvertantly lists, inter alia, 5 garages and states that the owner of the premises has not consented to an inspection of the premises by the Building Inspector to determine whether the premises comply with all applicable codes and ordinances, other than the Building Zone Code. 6. The proposed set-off map dated 26 September, 1986 submitted by Garrett A. Strang, Architect, improperly of includes in the proposed set-off the area~existing rights of way easements used by owners of adjacent properties on Lighthouse Lane° The proposed set-off is not in compliance with the Zoning Bulk and Parking Schedule for Residence District A-80. Attention is called to the existing drive- way from the subject property to Pine Neck Road which is not being used in favor of a shorter driveway opening on the right of way used by the undersigned property owners on Lighthouse Lane. The existing means of ingress and egress from the subject property to Pine Neck Road should not be terminated by approval of a proper set-off° 7o The proposed set-off map prepared by Garrett Ao Strang dated 26 September, 1986 filed in this proceeding should be revised so as to have it comply with the Zoning requirements of Local Law 7 adopted Nay 16, 1983 effective Nay 20, 1983 which mandates, inter alia, a total lot a~ea of 80,000 square feet° So as not to overburden the existing rights of way of the undersigned on Lighthouse Lane, which vary from eleven to fifteen feet in width, primary access to the Rosa Jo Hodgson property (4845 Pine Neck Road) should be over the existing driveway on the Rosa J. to Pine Neck Road and not over the right Lane. Hodgson property of way on Lighthouse 8. Attention is called to the Certificate of Occupancy dated January i2, i987 regarding the property located at 4845 Pine Neck Road, Southold, which states that it was issued without an inspection of the premises. Generally the issuance of a, Certificate of Occupancy presupposes that the premises for which it is issued conform in all respects to existing applicable codes and ordinances, otherwise it is meaningless and hence void. A proper inspection of the premises should be made to determine the facts° In order to avoid a precedent setting situation for non compliance with the Building Code and the Zoning Ordi- nance, and to have the outstanding requests of the Southold Town Board of Appeals met without further delay,appropriate action by the Building Department and the Board of Appeals is requested. In making its determination, the Board of Appeals should give consideration among other things to accessibility of the property and the structures erected thereon for the convenient entry and operation of fire and other emergency apparatus through the Pine Neck Road entrance. Betty R o Karlin mes E. Gibbons Page 4 Legal Notice Regular Meeting - April 14, 1988 Southold Town Board of Appeals Copies to the following on or about 4/4/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Individual Board Members(with copies Town ClerK's Bulletin Board of file) Bruer & Lark, Main Road, Box 1059, Southold, NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson P.O. Box 1412, Southold, NY 11971 Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971 Peconic Associates, Inc., One Bootleg Alley, Box 672, Greenport, NY 11944 Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead, NY ll901, as Attorney for Mr. and Mrs. Edward A. Hanus Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952 Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of Mr. Joseph R. Corso Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan P.O. Box 1412, Southold, NY 11971 Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs 108 East Main Street, Box 279, Riverhead, NY ll901 Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398, Riverhead, NY 11901 William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorney for Tartan Oil Corp. Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. John Bredemeyer, President, Town Trustees Office JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 31, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No 3575 submitted by Garrett A. Strang on behalf Of Rosa J. Hodgson for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; Notice of Dis- approval from the Building Department; application for a CO; survey and plans. Judith T. Terry Southold Town Clerk BOARD OF APPEALS. TOWN OF SOUTHOLD ~ ~' ? : In the Matter of the Ih~tition of : : ROSA G, ~OD~O~!, ,.~ : to. the Board of Appeals of the Town ef Southold : TO: 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 (Var_i~nce) (Special Exception) (Special 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: 1~nn-n7n-nK-93 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the following relief: Proposed Set Off of 1.125 acres out of 7.152 acres 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 3 Section_ 1 00-3 1 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) 765-1809. 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 GARRETT A. STRANG, ARCHITECT Post Office Address P.O..Box 1412, Southold, New York' 11971 PROOF OF MAILING OF NOTICF ADDRESS uJ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: GARRETT A. STRANG , residing at .Main Road, Mat~ituck, New York ', being duly sworn, deposes and says that on the ~-~'day of Oc tuber ,19 86 , 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Southold~ New York (certified) Sworn to before me this ~ day of October ,19 86 otary Public ; that said Notices were mailed to each of said persons by GARRETT A. STRANG 0 0 n3 Q~ O~ 0 0 0 0 0 0 SHORT ENVIROh74ZNTAL ASSESSMENT FO~ INSTRt~T!ONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available inform, scion concerning the project and the likely impacts of the action. It is not ex-oected that additional studies, research or other investigations will he undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessax';. (c) If all questions have been answered No it is likely that this project is n o.._~t significant. (d) Enviror~ental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . Yes , X No 2. Will there be a major change to an7 unique or unusual land form found on the site? . . . . Yes X' No 3. Will project alter or have a large effect on an existing body of water? . . . . . . . . . Yes X No &. Will project have a potentially large impact on groundwater quality? · . · · · · · · · · · Yes X No 5, Will project significantly effect drainage flow on adjacent sates? · · · · ' · · · · · · Yes X NO 6. Will project affect any threatened or endangered plant or animal species? . . . . . · . . · . Yes X No 7. Will project result in a major adverse effect on air quality? · · · · , , . , , . , , Yes X No 8· Will project have a m~Jor effect on visual char- acter of the co~t,nunity 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 environmental area by a local agency? · · · Yes __X No 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 12. Will project regularly cause objectionable odors, ance as a result of the project's operation? . Yes X No Will project have any impact on public health or safety? · · · · · . . o.. · · · Yes X No 1L. Will project Affect the existin~ community by directly causing a {rowth in permanent popula- tion of more than 5 percent o~er a one-year period o__r have a major negative effect on t.he character of the com.~unity cr neighborhood?.. Yes X No 15. Is there publi~~//__ -'~c~rcversy con~r-ing the project? Yes X No PREP~.~ER'S SIGNATC~E..~~~~ TITLE: Architect REPRESE:ITI,'IG: Rosa Hodqson- Owner DATE: )ct 30, 1986 ..Oct. 30, 1986 (Today's Da~e) To: Sou~ho!d Town Board of Appeals "". Main Road Sou~hold, ~IY 11971 Appeal Application of ..~arre~ A. Strange' Architect Location of Property= ~.;~h~.~e L~e. .. ~o6thold, New xOr~ Dear Sir:: In reference to the New York State Tidal Wetlands ~iand-u Regulations, 6 NYCRR, Par= 661, and'Article 25 of the ~.~ew Yet Stare. Environmental Conservation Law, please be advised that :ubjec: property iQ the within appeal application: ' (pt~a=~ chuck One box}' [ XJ May be lace:ad Within 300 feet of tidal wetland how,~ver, =ons=rue=ed along the wa~er-lyin¢$ edqe of this prope~y i$ a bulkhead in very good condition and a: least 100 fee~ in ~length.* ~ ] May b~ 'located within 300 fee= of tidal wetland. however, construe%cd along the wa~r-lyin? edge of this proper=y is a bulkhe'ad ~ -n need of (mino~ (major} repairs, and appruxima~e!y _ · length, feet i~ [ ) [ ]. May be located within 300 feet of tidal wet!and~ however, constructed along the water-lying edge of this property iua bulkhead lees than 100 fe~ in length. May be located within 300 feet of tlddi wetland~ and there is no bulkhead or cun 'on the premise~. Is not located withi,% 300 feet of tidal Wetlands to the bo~t of ,~y knowledge.* [:;tarred items (*} indicate your proper~y doe& no~ appear to fail wi=ti:~ =he jurisdiction of the N.Y.S' D.E.C Sincerely yours, ~:OTE: If proposed project falls t;iU~n D.E.C. jurisdiction, approval must be received an~ suhmit~6d to our office before your application can be scheduled for a 9ublic hearing. FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted m~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic feature[ 2.Final approval of Health Dept. of water supply and sewerage disposel-(S-9 forn~ or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and sithilar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. 9. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of pZoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: I. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling $15.00 3. Copy of certificate of occupancy $1.00 4.Vacant Land C.O. $5.00 5.Updated C.O. $15.00 Data October 24, 1986 New Building ............. Old or Pre-existing Building ............ Vacant Land ..... x ....... Location of prOperty I~i, gh.t, llQ~,sA I~i~D.e, Southold House No. Street Ham/et Owner or Owner~Of property Rosa J. Hodgson CountyTex Map No. 1000SectiOn .0.70. Block 06 93 (S .t?.f.f ............. Lot. e , sef enclosed site plan) Subdivision Pine Ne. ck ...Filed Map No ........... lot No ........... Permit No ........... Date of Permit .......... Applicant .................................. Hea~th Dept. Approval ........................ !abor Dept. Approval ....................... . ....................... Planning Board Approval ................... Underwriters ApprOval . Request for TempOrary Certificate ..................... Final Certificate ....................... Fee Submitted $ ............................. Construction on above described building and per~all applicable c_~od~,rld regulations' ............. Garrett A. Strang, Architect Rev. 10-10-78 . BAY GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516- 765 - 5455