HomeMy WebLinkAbout3341, So~thold, NY J
lot set-off/ insufficient ~re~, width & depth
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 334]
Application Dated March 13, 1985
TO: Rudolph H. Bruer, Esq. as Attorney [Appellant(s)]
for MRS. HELEN M. CONWAY
Main Road
S0utho]d, NY l]97]
At a Meeting of the Zoning Board of Appeals held on June ]3, ]985,
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], Bulk Schedule
[ ] Request for
Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule, for approval of insufficient lot area,
width and depth of proposed parcel to be set off, located at the
South Side of Chestnut Road, Southold, NY; County Tax Map Parcels
No. 1000-59-03-001, 003 6nd 004.
WHEREAS, public hearings were held on May 23, 1985 and June 13,
1985, at which time the hearing was concluded, in the Matter of the
Application for HELEN M. CONWAY, Appeal No. 3341; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter; and
WHEREAS, on May 30, 1985, communications was received from the
Suffolk County Department of Health Services concerning this particular
application indicating that "since the project is a redistribution of
a lot line and .. no increase in density, no subdivision application
(under Article ~I) is required; no problems with water supply and/or
sewage disposal is expected..."; and
WHEREAS, the board made the following findings of fact:
l. Ine p~b'per~y in qu~'sci~h' i~c~OC~t~d in a ReSidential and
Agricultural Zoning District and is situated along the south side
of Chestnut Road, Southold, and is more particularly identified on
the Suffolk County Tax Maps as District 1000, Section 059, Block 3,
Lots 1, 3 and 4, containing a total area of 6.7 acres.
2. Applicant is proposing a set-off of "Parcel 2" of an
area of 30,458 sq. ft., lot width of 150 feet, and lot depth of
201.83 feet from "Parcel 1" which would have an area of 6.0 acres
with 50' frontage along the Main Road a variable lot widths.
3. The land in question is vacant and was conveyed by
deeds at Liber 2966 cp 403 on July 1, 1949, and at Liber 3570
cp 220 on February 28, 1953, to the applicant herein (Helen M.
Conway).
(CONTINUED ON PAGE TWO)
DATED: June 20, 1985.
Fo~ ZB4 (rev. 12/81)
CHAIP~N, SOUTHOLD TO~N
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3341
Matter of HELEN M. CONWAY
Decision Rendered June 13,
1 985
4. In viewing the immediate area, the board finds that there
are improved parcels abutting proposed "Parcel 2" containing
an area of the same or smaller size as proposed herein which
have existed since the time of 12,500 sq. ft. zoning.
In considering this appeal, the board has found that
this proposal is consistent which those parcels abutting and
~enerally existing in the immediate surrounding area and it has
urther determined that: (1) the relief requested is not
substantial in relation to those generally existing in the
area; (2) there will be no effect, if the variance is
allowed, of-the increased population den'~jty th.us~.produced
on availabl~ governmental facilities; (3) there will be
no substantial change to adjoining properties; (4) in view
of the manner in which the difficulty arose, another method
for the applicant to pursue other than a variance is not
feasible; (5) in view of the manner in which the difficulty
arose and in consideration of all the above factors, the
interests of justice will be served by allowing the variance,
as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigoni~., it was
RESOLVED, that the relief requested under Appeal No.
3341 in the Matter of the Application of HELEN M. CONWAY
for approval of the insufficient area of "Parcel 2" of
30,458 sq. ft., lot width of 150 feet, and lot depth of
201.83 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITION:
That any and all construction must be in compliance
with the setback requirements for the "A-40" zoning district
(50 front, 50 rear, 15 one side, 35 total side yards).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
lk
June 20, 1985
RECEIVED AND FILED BY
n Clerk, Town of Southo~
NOTICE IS HEREBY GIVEN, pursuant to Se'ction 267 of the
Town Law and the Code of the Town of Southold, the following
public hearings will be held bY the Southold Town Board of Appeals
at the Southold Town Hall, Main Road, Southold, NY at a Regular
Meeting, commencing at 7:30 p.m. on THURSDAY~ MAY 23, 1985 and as
follows:
7:30 p.m. Application of HERODOTUS DAMIANOS, Pindar
Vineyards~ Main Road, Peconic, NY for a Special Exception to
the Zoning Ordinance, Article III, Section 100-30(B)[14] for
approval of the establishment of a winery at Pin'dar Vineyaro
premises known as 37645 Main Road, Peconic, NY~ County Tax Map
District 1000, Section 85, Block 02, Lot 15.
7:35 p.m.
31320 Main
Zoning
of the
known as 31320
1000, Section
identified as
Board 6/2/80.
Application of REYNOLD BLUM, Peconic Vineyards,
Road, Cutchogue, NY for a Special Exception to the
Ordinance, Article III, Section 100-30(B)[14] for approval
establishment of a winery at Peconic Vineyards premises
Mai'n Road, Cutchogue, NY; County Tax Map District
103, Block O1, Lot part of 19.11; more particularly
Parcel 1 of 24.249 acres as approved by Planning
y7:40p.m. Application CONWAY, by Bruer, Esq.,
for
HELEN
M.
R.H.
Main Road, Southold, NY for a Variance to the Zoning Ordinance,
LA t~cle III, Sect~o~ 100-31, and Bulk Schedule, for approval of
~insufficient lot area,, w~dth' and depth of proposed parcel, to be
set off and located,at the South Side of Chle~tnut Road, Southold,
i!NY; County Tax Map Parcel District 1000, Section 59, Block 03,
~Lot 3 and part of a.
7:45 p.m. Application for JEAN C. HOLLAND, by MoJ. Hall, Esq.,
Youngs Avenue, Southold, NY for a VarianCe to the Zoning Ordinance,
Article III, Section 100-31, and Bulk Schedule, for approval of
insufficient lot area and width of two p[oposed parcels located
at Lowland Road, M~adow Beach Lane, and
~unset Road, Nassau Point Map
Section C,, Lots 327 and 328, and Walter Grabie Map, 'Lots 36 and 37;
Cutchogue, NY; County Tax Map District ~000, Section ill~ Block tO~
Lots 18, 1 and 2.
7:50 p.m. Application for PHILIP R. REINHARDT, by R.H. Bruer,
Esq., Main Road, Southold, NY for a Variance ~o the Zoning Ordinance,
Article II~, Section lO0-31, and B~lk Schedule, for approval of
insufficient area, depth and width of two parcels in this proposed
set-off division of land located at the ~orth side of Pine Neck
Road, Southold~ NY; County Tax Map District 1.O00, Section 70, Block
Lo~ 19.
?age 2 - Legal Not,ce of Hearings
Regular Meeting of May 23~ 1985
Southold Town Board of Appeals
8:00 pom~ Application for ANDREW AND IDA FITRE, by A. Wickham,
Eso.~ Main Road, Matt'ituck, NY for a Variance to the Zoning Ordi-
nance, Article III, Section t00-32 (100-30) for approval of an
8' by 10' accessory storage shed in the frontyard area au premises
known as 670 Holbrook Lane (Private Road #i5), Mattituck, NY;
County Tax Map District lO00, Section ll3, Block 06, Lot 008.
The Board of Appeals will hear at said times and place any
and ali persons desiring to be heard in each of the above masters.
Nritten comments may also be submitted prier to the conclusion of
the subject hearing.
Dated: May 2, 1985.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Further information may be obtained at the Office of the Board of
Appeals ~516) 765-t809 (alt~
INSTRUCTIONS TO NEWSPAPERS:
Thursday, Ma~,lB, 1985, and
tion by May 20th to: Board
Please publish once, to wit,
forward six affidavits of publica-
of Appeals, Main Road, Southold, NY.
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your applicati°n dated .....
for permit to ~. ~. ~. '...o~.. ............................................. at
~cation of Property .... ~. . ? ~ ...... ~~ . .'.~. . ...... .~. .~ ~.~. .....
- - House No. Street Hamlet
County Tax Map No. t000 Section ....~...~..oj .... Block .... cD .~ ...... Lot .. ~': .~:.~ ......
Subdivision .................. Filed Map No ............. ' .... Lot No ..................
is returned herewith and disapproved on the following grounds..~.'..e~'.. ~ ~ -f '
· ~...,~..q ~.~/. ~?
. . .~. .~. ~ :. .:. .~. . .~.'. ~ : . ............. .:.._ ..... , ...... : ......
~.1..
. . . .&. .........
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'-~ ~'/
DATE ..........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) HELEN M. CONWAY ............................. of (No#) Horton Lane,
Name of Appellant Street and Number
Southold N.Y.
......................................................................................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR ~Va..e.a..g~..~.~..~..d....C..:.O..: ...... DATED .........3./..Z..Z./.8..5. ...............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(x)
( )
Heler_ M. Conway
Name of Applicant for permit
of
....... i~.o.~2..~.o.x.c..o.~.s...L.~n..e..,...$..o.~.~..h.o.!.4 ........................... R...%.: ..............................
Street and Number Municipality State
PERMIT TOUSE
PERMIT FOR OCCUPANCY (Vacant Land)
1. LOCATION OF THE PROPERTY ..g~e.s..g.B.gJ;...3:9.~.a. ...................................... ]].A.:;...~..9..~.:../A.~;.~.?:.., ......
Street Use District on Zoning Map
Map No Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~
section and Paragraph of the Zoning Ordinance by number. Do r ~t quote the Ordinances]
Article III, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
( X ~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due te lack of access 5tote of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~:~c(has not) been made with respect to this decision
of the BuiJding Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ...............................Dated ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested forthe ~ason that Appellant desires to set off a portion of
property, creating two (2) lots, one of which will have insufficiant lot area,
width and depth under the Zoning Ordinance.
the subject
Form ~.BI (Continue on other side)
REASON FOR APPEAL
Continued
I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Appellant would be unable to divide the subject 6.5 acre
parcel of land.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
v,cmiry of this property and n this use district because this is an oversized ~rcel in
a neighborhood of building parcels of the same size as the set-off requested~ oz
smaller.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because tha requested set-off would create a lot
which conforms in size with the surrounding area, There was a separate lot here
at one time (SCTM 1000-059-3-3) which is delineated on the map by a slashed line~
which merged under zoning, The proposed change in lot line creates a lot mn con-
formance with the neighboring properties.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Swam to this ........... .1..1..t..~. ....................... day of ...........M.~'~.c~, ................................. 1985
Notary Public
No..5~'~°":,~s ~ ch 30,
OWNER
STREET
ViLLA. GE
· .,.~/F
SUB. LOT ,
FORMER OWNER
ACR.
RES.
LAND
SFAS. VL ,..,q~ /
iMP. TOTAL
FARM
DA'T'E
COM'M,
REMARKS
TYPE OF BUILDING
CB, Mkt. Value
AGE
NEW NORMAL
FARM Acre
Tillable _~./~___/~ ; : '£:
BUILDING CONDITION
BELOW ABOVE
Value Per Value
Acre
FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowland DEPTH
House Plot j BULKHEAD
'Fatal I DOCK
OWNER
lrow~
FORMER OWNER
RES.
LAND
SEAS. VL
IMP. TOTAL DATE
NEW NORMAL
F~:~RM Acre
Til~able
Wc.~.~dla nd
Me~dowland
H~se
To~l
OF
........,TREE"r ' ....... !~WLU, GE
FARM
SUB.
LOT
FRONT~,~GE ON WATER
FRONTAGE ON ROAD I o ~ ~ f;'~z~ "~
DEPTH
BULKHEAD
DOCK
Value
BUILDING CONDITION
BELOW ABOVE
Value Per
REMARKS
COMM. CB, MiCS. Mkt. Value
ACR.
TYPE OF BUILDING
COUNTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
To: ~-~Y',~-/~ S~//'~ Date
DAVID HARRIS. M.D.. M.P.H.
We are in receipt of your letter dated~concerning the above
referenced project.
1. This Department has no objection to your designation of lead agency status.
2. This Department is in agreement with your initial determination.
3. This Department does not agree with your initial determination. See
Con~nents.
4. Insufficient information is available for technical comments.
e
m
There is no record of an application to this Department.
A more accurate project location is needed.
(Suffolk County Tax Map #)
This Department has received an application and it is:
Complete
Incomplete
Other:
It appears that the project can be served by:
Sewage Disposal System
Sewer System and Treatment Works
Subsurface Sewage Disposal System(s)
Other:
COUNTY CENTER
RIVERHEAO, N.Y. 11901
548-3318
Water Supply System
A Public Water Supply System
Individual Water Supply System(s)
Other:
~8. Comments:
The Health Department's primary environmental concern pertaining
to development is that the applicant comply with the requirements of the
Suffolk CountySanitary Code especially Article ¥ and VI, and relevant
construction standards for water supply and sanitary sewage disposal.
These considerations are to be reviewed completely at the time of
application. Full consideration in placement of water supply wells
and disposal systems is given to state and town wetland requirements.
The Health Department maintains jurisdiction over final location of
disposal and well systems and the applicant should not undertake to
construct any water supply or disposal system without Health Department
approval.
Other portions of the Suffolk County Sanitary Code also apply to
commercial development such as Article XII. The Lead Agency is requested
to forward a copy of this form to the applicant with its findings.
Further comment may be provided upon completion of the application
review.
~ame~
Phone ~-/~'~"-~/;~:~
MAIN ROAD
~OUTHOk~. N£W YORK 11971
June 4, 1985
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Attn: Linda Kowalski, Secretary
Re: Appeal No. 3341
Helen Conway
Dear Linda:
In connection with your request of 6/3/85, we enclose herewith the following:
1. Copy of deed dated 2/28/53 made by Arthur W. Hahn, Jr. to Helen M. Conway.
2. Copy of our submitted survey, whereon I have indicated the property being
described in the above deed (subject premises and more). The westerly parcel
was conveyed to Mr. and Mrs. Jerome W. Conway by deed dated 1/17/63, recorded
in Liber 5296 at page 33, we do not, however, possess a copy of this deed.
We are in the process of obtaining a copy of Mrs. Conway's deed to the south-
erly six-acre parcel, and will forward same to your upon receipt.
Sincerely,
Rudolph H. Bruer ~--
RHB/df
gncs,
'( ~ '=" .... ~ -, :: ....... copies
.( )
" .[ ?. -..,.' .'..A f!lo
· n enture,
Made the day of
and Bfty
~t~£~ll ARTHUR W. HAHN, JR., residing at 250-41
Little Neck, Queens County, New York
nineteen hundred
- 41st Road,
and
part y o£ the Brst part,
Helen M. Conway, residing at 8outholfl, Suffolk County, New York
part y of the second part,
of the first part, in consideration o£
/awful money of the United States,
One
and other valuable consideration:
paid by the party
d°ss hereby grant and release unto the part y
her heirs
gU that lot or parcel of land situate,
o£ the second part,
Dollar%
of the second part
and assigns forever,
lying and being in the Town
of Southold, County of Suffolk, in the State of New York, particularly
bounded and described as follows:-Beglnning at a point on the
southeasterly line of Chestnut Road, 1~1,86 feet southwesterly along
seid linc'from it's intersection with the northeasterly line of
Hickory Road, being the southwesterly corner of land conveyed, or
about to be conveyed, b~ t~ party of, the fi~s~ part t.? Alex Ostoski;
and running along said land conveyed, or about to be conveyed, to
Alex 0stoski, 8.4S°10,~0.E._12~.44 feet to'land of ,Conway; thsnce
slong said land of Conway, 8.33°07,00,W._31~70 feet to a concrete
monument; thence along said land of Conway and along land of Moffat,
N.41°S8'40"W.-201.84 feet to a concrete monument set on said
southeasterly line of Chestnut Road; thence along sa,~d, s0utheasterly
line of Chestnut Road, N.47°49,40#E._300.0 feet to the poin~ of
beginning. ~
~0t ~u%~'~USUBJEGT TO THE FOLLOWING OOVE, NANT8 AND
1. That no building shall be erected on the above described premise?
unless the same shs, ll be set back at least 20 feet from the roadway and
s.ny .building erected on the .above flescribed .premises must and shall be
built, used, enjoyed and occupied only for residential purposes.
2. That nc.building shall be erected on the above described premises
at a cost of less than $3,000.00, except a private garage or similar
private structure.
3. That only six dwellings may be erected on the above de'scribed
premises.
4. That no outside toilets or waterclosets will be erected on any
portion of the above described premises.
5. Neither the party of the second part, nor her heirs or assigns
shall or will manufacture, or sell or cause.or permit to be manufactured
or sold, on any portion of the above.described premises, any goods or
merchandise of any kind, and will not carry on, or permit to be.carried
on, on any part of said above described premises any trade or business
whatsoever, or any boarding house.
6. That neither the party of the second part nor her heirs~or
assigns shall keep or permit to be kept on the said above described
premises any animals or fowls except domestic household pets.
7. That no top soil, sand or g-ravel shall be removed from the said
above described premises except that which may be necessary for
construction of dwelling.
Said covenants are declared to be and shall be covenants attached to and
,running with the land.
~:o~:et[jet' with the ap£urteaaace$ and all the·estate and rights of the part
to said premises..
· her heirs
of the 6rst part in and
second part,
and assigns forever.
lhe sn~d pnrt ~t of th t part covet~nnt
~ir~[.--That the part Y of the ~qrst part
and ha S good right to convey the same,
as [oHo~vs: ~
i8 seized of the said premise in £ee simple,
~££01I~I. --That the part Y o£ the second part shall quietly enjoy the said premises;
~l)ir~. --That the said premises are £ree £rom incumbrances;
~Otlr~.--That the part ~ o£ the Bret part will execute or procure any turther necessary assur-
ance o£ the title to said premises;
~iltl). --That the part ~ of the tlrst part will £orever warrant the title to said premises.
ixtg. --That the grantor, in compliance with Section 13 o£ the Lien Law, covenants that the
grantor will receive the consideration for this conveyance and will hem the right to receive such consid-
eration as a trust £und to be applied ~rst for the purpose of paying the cost o£ the improvement and that
the grantor will apply the same 6ret to the payment o£ the cost o£ the improvement before using any part
of the total of the same /or any other purpose.
hand and seal
~n prt~nct o[:
o£ the 6ret part ha 8 hereunto set
the day and year ~qrst above written.
~bt.te o[ New Yoxk ~g.:
(ountt, o[ SUFFOLK
before me came Arthur W. Hshn, Jr.
to me known and known to me to be the indivldual described in, and who executed, the toregolng in-
strument, and acknowledged to me that he executed the same.
)U~'. .' 2 $1953
WILLIAM
ti~tatt o! f ~g':
Co~n~ o{
On the dny of
be£ore me came
nineteen hundred and 6try
to me known and known to me to be the individual described in, and who executed, the foregmng l -
strument, and acknowledged to me that he executed the same.
~)t~,1t of I g~':
County o{
On the day of nineteen hundred and fifty
the subscribing
be[ore me came
witness to the foregoing instrument, witl2 whom I am personally acquainted, wino, being by me duly
sworn, did depose and say that he resides in
that he knows
to be the individual deactlbed in, and who
executed the foregoing instrument; that he, said subscribing witness, was present; and saw
execute the same; and that he, said witness, at the same time subscribed l~ name as witness thereto.
Southold Town Board of Appeals
Town Hall
Main Road
Southold, New York 11971
June 6, 1985
Attn: Linda Kowalski, Secretary
Re: Appeal No. 3341
Helen Conway
Dear Linda:
Enclosed please find copy of deed dated 7/1/49 made by Lewis S. Tuthill
and Luella M. Tuthill, his wife, to Helen M. Conway covering the six-acre
parcel subject to the above application, as you requested.
Sincerely,
Rudolph H. Bruer ~
Eric.
in the ~own of ~o~t~o:Ld~ SufrolR Coun~¥~ l~ee ¥.or~, -
.lne~eezl ~#.dr~l ~
LhWIS So TUr~ILL and LU~I.L~ Eo TUTHILL, his wl£s, both re~idln~ ~t'
good and valuable conMdoretlon, ;.
..Co~t~ Or. S~folk.~d _atatO.~f New ~O~l, bo~d~ 8~fl ~c~lbed
BEGI~IING at u ~ln~ on ghe ~uthwost~ly b~d~y line or land or tho
~he first part a~ the southeas~erl~ co~ner or lend conve?d bv ~o~fst to the
t~ 8econ~ ~t,~y. dMd, dated ~t, 1948~' 8nd ~hlng ~on~ BaI~ l~d 0~'
(~) ~. 44o.g?~ ~" W.- ~60.49 re~t to a c~crete men.eat ~d l~d of ~thu~
thence novt~aSCovl7 alon~ s~d"~e~ or ~thUr ?~. H~n 4 e~rses, us roll~s=-
~. 360 ~l $7~ E,- 49.1 fee~; ~h~co
~* 3~ ~4t lOt* ~*' 2~.8 f~t; t2ence
(4) H* ~o 44t 00" S.- 68.8 feet, more or 1~6, to a ~st. ~d l~d.or
alo~'s~d l~d of Henry ~ennlnia S. 440 O11 20" R.- ~l.BO feet eoa
Daphne; th~ce ~ong G~d lhnd ~ amaze ~. 450 ~t 40" ~,- ~0.77'
:"¢ontainini~ 6,10 acres, by survey.
the second part ~all g~detl,T' enjoy
grantor, in compli~ce witk 5~on 13 of t~ Lieu
pu:~Se
: R, FORD ~GH~ ' ~lol~ ~.u"t~ *'l'k', ~o. ~
Town of Southold
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
May 23, 1985
Re: Appeal No. 3341
Helen Conway
Dear Sirs:
It has come to my attention that the Zoning Board of Appeals now requires
Article VI approval from the Suffolk County Health Department prior to
consideration of appeal applications for properties of under 40,000 square
feet in area.
Therefore, we respectfully request an "Open Recess" of this matter until
such time as we have obtained the aforementioned Health Department approval.
cc: Mrs. Helen Conway
,,97'
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y.
APPEALS BOARD May 2 ,
MEMBERS
TELEPHONE (516) 765.1809
I 985
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRJGONIS, JR. S · E. Q. R. a o
SERGE DOYEN, JR.
ROE~ERTJ, DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
30$EPH H. SAW~CKI
Notice of Determination of Non-Significance
APPEAL NO.: #334]
PROJECT NAME: He]eh My C0nwa3
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
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: Set off creating two 10ts, one which wi]]
have insufficient lot area width and depth under the Zoning Ordinance.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Chestnut Road, S0uth0]d,N¥ £TM#059-03-~ 3&4
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 property in question is not located within 300 feet
tidal wetlands or other critical environmental area.
of
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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.
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- E:ITAT£ R[3AD 2.~ E~nUTHDLD, L.I., N.Y.
TELEPHONE (516) 766-1809
May 21, 1985
Mr. Stephen A. Costa, P.E., Chief
Wastewater Management Section
Suffolk County Health Department
County Center
Riverhead, NY ll901
Re: Appeal No. 3341 Helen M. Conway
Location of Property: Chestnut Road, Southold
Dear Mr. Costa:
We have an application pending before the Board of Appeals
for approval of a 30,458 sq. ft. lot to be set-off from a 6.0
acre parcel concerning property located at the South Side of
Chestnut Road, Southold.
Our records show that the property in question is not on
a filed subdivision map and appears to be subject to the
requirements of Article VI for this proposed division.
Since it is our understanding that the applicant has not
applied to your agency since our review process commenced, we
would like to request your input and comments as to the quality
and sufficiency of water and the effects of private sewage sys-
tems, particularly since this involves parcel(s) under 40,000
sq. ft. in area.
Enclosed for your file is a copy of the proposed subdivision
map. Thank you for your time and assistance in this matter.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Southold, N.Y. 11971
(616) 765-1938
April 17, 1985
Mr. Rudolph Bruer
Attorney ~ Law
MainRoad
Southold, NY 11971
Re: Set-off for Helen Conway
located at Southold
Dear Mr. Bruer:
The following action was taken by the Southold Town Planning
Board, Monday, April 15, 1985.
RESOLVED that the Southold Town Planning Board refer the
following comments to the Zoning Board of Appeals regarding the
set-off application of Helen Conway located at Southold:
1. It appears, upon review, that the parcel to be set-off
was single and has become merged to the remainiDg land of Helen
Conway.
2. It was noted that the surrounding lots in the area
are small (under the two-acre zoning).
3. With the 50' strip to the east, there is still access
to the back 6.0 acres.
If you have any questions, please don't hesitate
our office.
Oning Board of Appeals
to contact
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Southold, N,Y, 11971
(516) 765-1938
April 17, 1985
Mr. Rudolph Bruer
Attorney ~ Law
MainRoad
Southold, NY 11971
Re: Set-off for ~
located at Southold
Dear Mr. Bruer:
The following action was taken by the Southold Town Planning
Board, Monday, April 15, 1985.
RESOLVED that the Southold Town Planning Board refer the
following comments to the Zoning Board of Appeals regarding the
set-off application of Helen Conway located at Southold:
1. It appears, upon review, that the parcel to be set-off
was single and has become merged to the remaining land of Helen
Conway.
2. It was noted that the surrounding lots in the area
are small (under the two-acre zoning).
3. With the 50' strip to the east, there is still access
to the back 6.~ acres.
If you have any questions,
our office.
please don't hesitate to contact
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
c/c: Zoning Board of Appeals
By,Diane M. Schultze, Secretary
50 Main Road
Ackerly Pond ROad),'
SoUtho!d, NY; County Tax
Parcel No. 1000-70-05-004~
7:~5 P.m. Application for
~venue, Mattithcki
ofloto ofinsufficiant a ami lot'
at the
LEGAL NOTICE
NOTICE IS HEREBy GIVEN,
pursuant to Section 267 of the
Town Law and the Code of the
Town of Southold, the following
public hearings ~ill be held by
the Southold Town Board of Ap-
peal~ at the Southold Town Hall,
Main Road, Southold, NY at a
Regular Meeting, commencing
p.m. on THURSDAy,
13, 1985, and as follows:
p.m. Application
CONWAy, by R.H.
-,,, z fora VarianestetheZon'
~.ong Ord~annca, Article III, Sec-
n 100-31, Bulk Schedule, for
approval of insufficient lot area,
width and depth ofpropo~-par.
cel to be set off, located at the
South Side of Chestnut Road,
Southold, NY; County Tax Map
Parcels No. 1000-59-03~003 and
~004.
7:35 p.m. APplication for
ALICE SZALA by Stanley
Kacanewski, P.O. Box 498,
Cutobegue, NY 11935 for a Van~
anca pursuant ~o New York
Town Law, Soct~on 280-A. for ap-
provai of acce~ over a private
.right-of-way known as
mmsburg Drive,', located off the
8outh Side of Main Bayview
BOad, Southold, Ny
the COunty Tax
1000-78-05-17.
a Vaxh,,,.~_ to
Aa, cai No. 2~2
:55 p.m. APp~cation for
THOMA~ YA~80 (Williston
~e), by Environment
.E~[~c., 3075 In~ N~k
~e, P~ ~ for a V~
P~t ~ Z.B.A. ~ion ~
~ ~5 ~er A~ No.
orp~ ~tian w~
~11 ex~ ~e ~ lot
~e~ for ~ ~.1- ~n~al
B~ ~n~ ~11~ at
~ ~u~ Si~ of M~ ~d,
~t~, ~; ~ T~ ~p
P~I No. 1~-1~.5.
_ p.m. ~ He~ of
~. t~m ~2~).
8:10 p.m. ~ He~ng of
HOW~ ~ YO~G, by J. ~
~e ~ of~ls ~11 he~
at~d ~e ~ ~ --
~h~meachof
· e ~ve ~. W~n ~m-
men~ may ~ ~ ~mi~
p~or ~ ~ ~ncl~i~n of~e su~
~ h~.
Da~: ~y 23, 19~.
BY D~ER OF
BO~ OF ~p~
GE~ p. ~E~NGER
c~
By L. Kowai~i, ~m~
(516) 7~-1~9 (~t. 1802}
1TJ6~
· TATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ANNA LEKKAS of Greenport, in
said County, being duly sworn, says that ho/she is
Principal Clerk of THE SUFFOLK TIMES, · Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which tho annexed ia
a printed copy, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the 6
day of June 19 8 5
Principal Clerk
Sworn to before me this
,~av._of .T .... 19 o = ANN M. ABATE
--- ~ /*7 ,~ NO~RY PUBLIC, State of New York
/ suffo,
~Term ExpOs March 30,
LEGAL NOTICE
NOTICE IS HEREBY GIVEN,
pursuant to Sc~don 267 of the
Town Law and the Code of the
Town of Scuthald' the following
~m~ ~ win be beld by
the Scuthold Town Board of Ap-.
peals at the Scuthold Town Hall,
M,j~ Road, ~outhold, ~ at a
Rogular Masth~, commencing
at 7:30 p.m. on TII~A¥,
MAY 23, 19~ a~d as follow~
7:30 p.m. Application of
HERODOTUS DAMIANOS,
~Pindar Vineyards, Main Road,
Peconic, NY for a Special Excep-
tlsle Ill, Section 100-30(9)[14]
for approval of the establishment
of a winery at Pindar ¥ineyard
premise~ known as 37645 Main
Road, Peconic, NY; County Tax
Map District 1000, Section 85
Block 02, Lot 15.
7:35 p.m. Application of
REYNOLD BLUM, Peconic
Vineyards, 31320 Main Road,
Culcltogue, ~ for a Special Ex-
Article Ill, Section 100-30(B)[14]
for approval of the establishment
ora winery at Peconic Vineyards
premises known as 31320 Main
Road, Cutcbegue, NY; County
Tax Map District 1000, Section
103, Block 01, Lot part of 19.11;
moro particularly identified as
Parcel 1 of 24.249 acres as ap-
proved by Planning Board 6/2/80.
7:40 p.m. Application for
~I~J-EN M. CONWAY, by
Bruer, Esq., Main Road, South-
old' NY for a Variance to the Zon.
i.ng Ordinance, Article III, Sec-
tlon 100-31, and Bulk Schedule,
[or approval of insufficient lot
~roa, width and depth of prop-
~ed parcel to be set off and
~tsd at the South 'Side of
~hectnut Road, Southald' NY;
7:45 p.m~ Application for
JEAN C. HOLLAND, by
Hall, Esq., Youngs Avenue,
Scuthold' NY for a Variance to
the Zonln~ Ordinance, Article
III, Scctio~ 100-31, and Bulk
Schedule, for approval ofinsulfi.
ciant lot area and width of two
pmposad parcels located at Low-
land Road, Meadow Beash Lane;
and Sunset Road, N*~*i Point
Map Section C, Lots 327 and 328,
and Walter Grabie Map, Lots 36
and 37; Cutcbegue, NY; County
Tax Map District 1000, Section
111, Block 10, Lots 18, 1 and 2.
7:50 p:m. Applimtion for
PH~P p~ HE~, by
R.H. 9ruer, F-~I., Main Road,
Scuthold, NY for a V~riance to
the Zoning Ordinance, Article .
Ill, Section 100-31, and Bulk
Schedule, for approval of insuffi-
cient area, depth and width of
two parcels in this propo~t set-
off division of land located at the
north side of Pi~e Neck Road,
Southold' NY; County Tax Map
District 10O0, ~n 70, Blo~
6, Lot 19. '
8:00 p.m. Application for AN-
DREW AND IDA PITRE, by A.
tituck, NY for a Vari*~ to the
Zo]]~llg Ordln*n~, ~rticle Ill,
Section 100-32 (100-30kf~r ap-
proval of un 8' by I0' acce~ory
area at premls~ known as 670
Holbrook Lane (Private ~
Tax Map l~trict 1000, Scction
113, Black 06,
The Board of Appasls will hear
at said times and place any and
all ~ersons ~to be heard
in e~ch of the above matters.
Written 'a)mments may ako be
submitted prior to the conclusion
of the ~ubject hearing~
Dated: May 2, 1985.
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEAL~
GERARD p~ GOEHRINGER
CHAIRMAN
1TMy16-4893
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
ANNA LEKKAS of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, e Weekly
Newspaper, published et Greenport, in the Town
of Southold, County of Suffolk and State of New
York, end that the Notice of which the annexed is
· printed copy, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the ~ 6
dayof May 1985
Principal Clerk
Sworn to before me this I 6
f May _ 19 85 ANN M ABATE
/ / / ,/l ~ ~ Suffolk County ~. 4748183.~
/ ~ ..... Term Exp~es M~rch 30, 19~/
be~ Lm~*m~d Sunset Ro~,
~ ~.l~,,~po~ C,
~p ~ 1~, S~n
111, B~ 10, ~s 18, 1 ~ 2.
7:~ p.m. App~n ~r
~ a. ~, by
R.H. B~, ~., ~ ~,
~ld, ~ ~ m V~ ~
~e ~g ~, ~
~, ~ 1~-31, ~d B~
s~ ~, d~
Ind ~ ~ ~e ~ ~de
~; ~ T~ ~p ~
1~, ~n 70, B~ 6, ~
8:~ p.m. ~li~ ~
~, M~, ~ ~r a
V~ ~ ~e ~g
32 (1~) ~ tp~v~ of ~
8' b~ 1~' ~s~ ~e
h~d~dP~
h~g.
D~: May 2, 1~.
BY O~ OF ~
~ BO~ OF.~
1T~/16/~31)
COUNTY OF SUFFOLK ss:
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 ......... .//- .~. .........
Sworn to before me this. /.~. day of
....... ..... £F-
Notary Public
BARBARA FORBES
lqotary Public, State of New York
No. 480~46
Qualified in Suffolk County
Commission Expires March ~O, 19 d~/~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
TO WHOM IT MAY CONCERN:
Please find enclosed herewith copy of the Legal Notice
as published in the local and official newspapers of the
Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and
Suffolk Weekly Times, Inc. indicating the time and date of
your recent application with the Board of Appeals.
Someone should appear in behalf of the applicant at
the public hearing in the event there are questions f~om
board members or persons in the audience.
If you have any questions, please do not hesitate to
call our secretary, Linda Kowalski, at 765-1809 (or if no
answer, 765-1802).
Yours very truly,
GERARD P. GOEHRINGER
C HA I RMAN
lk
Enclosure
NOTICE
Law and the Code of the Town
hearings will be held by the
the Southold Town Hall, Main
ing, commencing at 7:30 p.m.
follows:
IS HEREBY GIVEN, pursuant to Section 267 of the Town
of Southold, the following public
Southold Town Board. of Appeals at
Road, 5outhold, NY at a-Regular Meet-
on THURSDAY, JUNE 13, 1985, and as
7:30 for CONWA~Y, by R.H. Bruer, Esq.,
p.m.
Application
~E_~LE_~N
Road, Southold, NY for a Variance to the Zoning Ordinance,
cle III, Section 100-31, Bulk Schedule, for approval of
fficient lot area, width and depth of proposed parcel to be
off, located at the South Side of Chestnut Road, Southold, NY;
ty Tax Map Parcels No. 1000-59-03-003 and 004.
7:35 p.m. Application for ALICE SZALA by Stanley Karanewski,
P.O. Box 498, Cutchogue, NY 11935 for a Variance pursuant to New
York Town Law, Section 280-A, for approval of access over a private
right-of-way known as "Williamsburg Drive," located off the South
Side of Main Bayview Road, Southold, NY, to premises identified on
the County Tax Maps as 1000-78-05-17.
7:40 p.m. Application for DR.~/JAY P~:.AND M. SLOTKIN, by
A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-30, and as required by
Z.B.A. Appeal No. 2932 for permission to construct addition to
existing professional office known as 49725 Main Road (a/k/a
50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel
No. 1000-70-05-004.
7:45 p.m. Application for EUGENE DAVISON, 4300 Sound
Avenue, Mattituck, NY for a Variance to the Zoning Ordinan~e,,
Article III, Section 100-31, Bulk Schedule, for approval of
lots of insufficient area and lot width in this proposed
division of land (106-13) located at the South Side of Sound
Avenue, Mattituck, NY County Tax Map Parcel No. 1000-121-3-5;
containing 12.6+ acres.
7:55 p.m. Application for THOMAS YASSO (Williston
by Environment East, Inc., 3075 Indian Neck Lane, Peconic,
a Variance pursuant to Z.B.A. decision rendered 5/22/75 under
Appeal No. 3189 for proposed addition which will exceed the
restricted lot coverage for this "B-I" General Business zoned
parcel located at the South Side of Main Road, Mattituck, NY;
County Tax Map Parcel No. 1000-122-3-5.
Beverage)
NY for
Page 2 Legal~Notice of Hearings
Southold Town Board of Appeals
Regular Mee,~ing of June 13, 1985
8:00 p.m.
8:10 p.m.
Recessed Hearing of JEAN HOLLAND, by M.
(from 5/23/85).
Recessed Hearing ef HOWARD L. YOUNG, by
(from 5/2/85).
Hall, Esq.
J. DeReeder
The Board of Appeals will
persons desiring to be heard in each
comments may also be submitted prior
hearing.
Dated: May 23, 1985.
Instructions to Newspapers:
hear at said time and place all
of the above matters. Written
to the conclusion of the subject
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By L. Kowalski,
(516) 765-1809
Please publish once, v~ THURSDAY, JUNE 7,
five (5) affidavits of publication by June llth
Appeals, Main Road, Southold, NY 11971.
Secretary
(alt. 1802)
1985, and forward
to: Board of
Copies to the following on or about 6/3/85:
Suffolk Times
L.I. Traveler-Watchman
Town Clerk Bulletin Board
Z.B.A. Bulletin Board
Rudolph H. Bruer, Esq., Attorney for Mrs.
Mr. Stanley Karanewski,
Abigail A. Wickham, Esq.
Helen Conway
Four Sails Realty, as agent for Alice Szala
as Attorney for Dr. and Mrs. Jay P. Slotkin
Mr. Eugene Davison
Environment East, Inc. as agent for Thomas Yasso
Z.B.A. Members
Z.B.A. individual files
Building Inspector
S o9
N
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD Hay £, 1 985
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A.
SERGE DOYEN, .IR.
ROBERTJ. DOUGLASS NEGATI~-E ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO.: #334]
PROJECT NAME: Helen M~ C0nway
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~rn 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: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Set off'creating tw0]0t$~ one which wi]]
have insufficient lot area width and depth under the Zoning Ordinance.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Chestnut Road, $0uth0]d,N¥-CIM#059-03-1.3&4
P~EASON(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 property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
'FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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.
JUDITII T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 13, 1985
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. 3341 application
of Helen M. Conway for a variance. Also included is notification
to adjacent property owners; application for Certificate
of Occupancy; Short Environmental Assessment Form; letter
relative to N.Y.S. Tidal Wetlands Land-Use; and survey.
Judith T. Terry
Southold Town Clerk
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. 11c)71
TO: Office of the Planning Board (Attn: Diane)
FROM: Office of the Zoning Board of Appeals (Attn: Linda)
DATE: March 18, 1985
SUBJECT: Applications Pending with Z.B.A. and Planning Board
TELEPHONE (516) 765-1809
To bring you up-to-date and to request your comments or recommenda-
tions, the following matters have been filed since our last
memorandum to you dated February 8, 1985, and will require
action by the Planning Board:
Matter of Tentative ZBA Hearin9
Dominick Varano, by R. Lark April llth as req.
Briden Machine March 28th
William and Helen Coster by R. Lark April llth as req.
Joseph Lizewski April llth
Colgate Design (7-11, Cutch.) W. Esseks May 2
Saba/Kislow/Sujeski May 2
Howard L. Young & Wf. May 2
Sobering by P. Cardinale, Esq. May 2 or 23
Vitale May 23
P. Reinhart, R. Bruer, Esq. May 23
L~' Conway, R. Bruer, Esq. May 23 or June 13
Perricone & Cimini, R. Bruer, Esq. June 13
Pindar Winery June 13 or 20
Peconic Vineyards June 13 or 20
Cliffside Assoc./Tetaldi/Tide Mark June 13 or 20
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE .,.3./. ~]/..8..5. ..............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
HELEN M. CONWAY (No#) Horton Lane,
I, (We) ................................................................. of ............................................................................
Name of Appellant Street and Number
Southold **..N**.].: .................. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR I]~JJl~lJ]J~J~K~V.a..c..a.-g~...L..a..n..d....g.;.0..; ...... DATED ........ .3. /. ~ .]:. /. .8. .5. ................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
(X)
( )
Helen M. Conway
Nome of Applicant for permit
of
....... .( Jt~t0...ttg~.~;.q~.~.. ~.~,...$.~.~ ~,gJ-.~ ............................ ~.~.~ ..............................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY (Vacant Land)
Street Use District on Zoning Mop
Mop No. Lot No.
section and Paragraph of the Zoning Ordinance by ntnnbcr Do not quote the Ordir~once )
__-- A_r_t_icle _I]~[;__S_e~c_~_i._o~_ ~9_0-31
3 TYPE OF APPEAL Appeal is mode herew,lh tar
(×) A VARIANCE to the Zoning Ordinance or Zoning Mop
( )
PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal it'~3~(hos not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance ~o the Zoning Ordinance
( )
is requested for the mason that Appellant desires to set off a portion of the sZubfJect
property, creating two (2) lots, one of which will have ineufficiant lot area,
width and depth under the Zoning Ordinance.
~orm ~n] (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Appellant would be unable to divide the subject 6.5 acre
parcel of land.
2. The hardship created is UNIQUE and is not shared by all propeffies alike in the immediate
vicinity of this property and in this use district because this is an oversized parcel in
a neighborhood of building parcels of the same size as the set-off requested, or
smaller,
3 The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the requested set-off would create a lot
which conforms in size with the surrounding area. There was a separate lot here
at one time (SCUM 1000-059-3-3) which is delineated on the map by a slashed line,
which merged under zoning. The proposed change in lot line creates a lot in con-
formance with the neighboring properties.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Sworn to this ............ .1..],.~;b ...................... day of ...........Ma,~'.c.b, .................................. 1985
~,/ Notary Public
~RY - al New
y p~IBLIC, Staxe
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Helen M. Conway
tO the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
T~~ t'~tion of the undersigned to petition the Board of Appeals of the Town of Southold
1.
torequest {(Variance)(Special Exception)(Special Permit)(Other) [circle choice]
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows: S/E side Chestnut Road, Southold, N,Y.
Suffolk County Tax MaD desiRnation: Dist. 1000. Section 059.00. Block 03. Lots 1. 3 &4
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential/Agricultural
4. That by such Petition, the undersigned will request the following relief: permission to set-off
a 30,458 sq. ft. parcel from her 6,~ ~r~ prQper~y.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Sectic~ 100-31
6. That within five days from the date hereof, a written Petition requesting the relief specified above wilt
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may 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,
Dated:
March 11, 1985
· Rudolph H. Bruer, Attorney for Petitioner,
HELEN M. CONWAY
Petitioner
Post Office Address
Main Road, P.O. Box 1466
Southold, New York 11971
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Mr. ava Mrs. Jerome W. Conway, Jr.
Mr. Alec 0atroski
D~r~anos
Chestnut Road, Southold, N.Y. 11971
Southold, N.Y. 11971
309 Old East Neck Road, Melville, N.Y. 11747
Greenport, N.Y. 11944
1212 Route 25A, Stony Brook, N.Y. 11790
L~
00~ m~o:l Sd
~d '00gZ wJO:l Sd
Mary Diana Foster , residingat (No#) McCann Lane, Greenport, NY 11944
, being duly sworn, deposes and Says that on the 1 lth day
of March ,19 85 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
ficeat $outhold, N.Y.
(certified) (;;g,:::;;~) mail.
sworn to before me this llth
da of March , 19 85
t~l~ L, AUSTIN
Notary Public ~OTt,~Y PUSLI~, S~'~e ~f aa,v Yor~
Q ........ Co~:n y
; that said Notices were mailed to each of said persons by
M~ary ~na Foster
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hell
Southold, N.Y. 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. Thit application must be filled in typewriter OFt ink, and submitted in duplicate to tho Building Inspec-
tar with the following; for new buildings or new use:
I. Final survey of property with accurate location of all buildings, property tines, streets, and unusual
ne~urel or topographic feeture~
2, Final approval of Health Dept. of water supply and sewerage dispo~al-(S-9 form or equal}.
3. Approval of electrical installation from Board of Fire Unde~vriters.
marc al buildings, Industrial buildings, Multiple Residences and semi ar but dings and instaila-
4. Com ' - ........ ~- ^--hitect or En-ineer reiponsib · for the building,
tlonl, · cart f cate ot ~o~a comp ance rru,,, u,. ~.~ ·
5. ~ubmit Planning Board approval of completed site plan requirements where applicable.
B, For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land u~es:
1, Accurate suwey of peoperty ~howing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancv and condition of building,.
3. Date of anv housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Cart f cate of occupancy $5.00
2. Certificate of occupancy on pre-existing dwelling / land
3. Copy of certificate of occupancy $1.00
use--Pre-Existing C.O. $15.00
Vacant land C.O. $ 5.00
Date .... 3/.11/.8.~.,.,
Old or Pre existing Building Vacant Land X . . .
New Building .............
Location of Property . Che.st.n.u.t. Road~ ~outhold, NY /:/~.
House No. Street
Owner or Owners of Property .... J~p~.e.q, H....C.o~m~.a~ ........................................
003. 000 &
County Tax Map No. 1000 Section . 0.5.9 .......... Block . .0;3 ...........'. Lot pJ.o..QO.4...0.QO. ....
'' (Lot #2 on Map
! tNm°f proposed set-
Suodivision .............................. Filed Map No ............ o ..................
· '' off for Helen M.
Date of Permit Applicant Helen. M. ~.o.n.w. as' Conway - attached)
Permit No ...........
Health Dapt Approval ...................... Labor Dept. Approval ........................
Underwriters Approval Planning Board Approval .. ~.e. qd.~.~ ............
Request for Tamporar~ Certificate Final Certificate . ~ ....................
Fee Submitted ~ 5. O0
App,,cant :...... ::..: ..........
q~'~'c~olph Hf/Bruer, Attorney ~or Helen ~. ~onway
R~. 10-10-78
,'~HOI(T i'.NV] ti NSUe~'{I AL A~;:;EGSMli'~NT
5.
6.
7.
9.
...... ¥~ X No
y.~ X No
.... Y.m ,,X, No
Yeu X No
,, y~. X No
¥.. X No
Y.= X No
¥~u X No
4.'.
Y~ X No
'~H~le~t ~. C~oJay DA'[E', -- 3/11/85 '-