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Home My WebLink About3253Variance not required to alter lot line by determination of the bldg. dept. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To . .~..~...{~...~.....~ 0'~..~..~...'~*~..... ...... ~ , · .1..~.~ .....~. :~... ................ PLEASE TAKE NOTICE that your application dated ...... . . .~ .~..&..~ ..... , 19 .~...~.. for permit to ~,~'~t .P~O~,~*,.. J~.T. ~ ...................................... at Location of Property .~. ,e~.~.~,~...~..~. &. ~. ¢:~ ...I. ?....c,,~2-X~.... ~ ....... House No. Street Hamlet County Tax Map No. lO00 Section .... 0 .~(,. .... Block ..... ~ ....... Lot ./P..~. Subdivision..~C~4..~. i Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..0_~.....~.. 7...oTq .-...~.l.. y. ...... .~....'.~.... x' ,--e'../.~..~ .~.~..~ ................................................... Building Inspector RV 1/80 f TOWN OF SOUTHOLD, NEW YORK MA%2 31984 APPEAL FROM DECISION OF BUILDING INSPECTOR Towfl ~lm'l~ Sout~r APPEALj~O. DAT, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. o, ...... .. · Nome 'of .aptpel,o~,' ........................ ,' ' ' ' ~t'r;~t ' a'nd"i~l~'e; ....... ;"j ............. ~/.~, .~. ,'i~ .. ' '""~;;i; .......... HEREBY APPEL 'TO '"'~' Municipali~ THE ZOnING,BOARD--- ~F APPEALS FROM THE .DECISION OF TH~ BUILDING IN[PECTOR ON APPLICATION D~D: DaR: - WHEREBY THE'BUILDI.NG_INSPECTOR DENIED TO Name of Applicant for perm,t of Sireet and 'N u~ber .. Municipali~ State [ ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY '" ~'. Street ~ ~eC ' DATE PURC~SED: ltl ~g ... 2. PROVISION (S) OF ~HE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number· Da not quote the O~n[? 3 TYPE O~ APPEAL Appeo~ is m~de herewith {or ( ~A VAriANCE to the Zoning Ordmonce or Zoming A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 ~ec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) ~as no~tJ.~,een 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 ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( b-~A Variance to the Zoning Ordinance ( ) is requested for the reason that ~e wo~ld li]ce (Continue on other side) REASON FOR APPEAL Continued '>, sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- " e hardship created is UNIQUE~ is not shared by all properties alike in the immediate vicinity of this, property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C!tARACTER OF THE DISTRICT because STATE OF NEW YORK ) ~ ~ ) ss ~ ...... COUNTY OF '~cI'FT~K' ) Sworn to this .......:,...,,4 ............................... day of ......... ~x.!j!~q.,~(. ................................ 19 ~ ~1,j Notary PuNic TOWN OF SOUTHOLD PROPERTY RECORD CARD O~/'NER STREET VILLAGE DIST. SUB. LOT ,Ir/-/ "~" ~¥,~. ,~Z' Z,~ ,>~:~.,~: ' FORMER OWN~/R N , E ACR. I 1 S ' W TYPE OF BUILDING RES. SEAS. VL.[ FARM [ COMM. CB. MICS. Mkt. Value ~LAND IMP. TOTAL j DATE REMARKS Tillable FRONTAGE ON WATER z/~r '~ ¢'~ ~ W~la~ FRONTAGE ON ROAD Mead~d DEPTH Ho~t~ ~lot BULKH~D ~otal TOWN OF $OUTHOLD PROPERTY RECORD CARD ~ /~' ./.~ OWNER FC)RMER OVVNER STREET VI LLAGE DISTRICT SUB. ACREAGE / TYPE OF BUILDING LOT w' LAND IMP. TOTAL DATE Est. Mkt. Value REMARKS AGE BUILDING CONDITION NEW NORMAL BE£OW ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD Farm Acre Value Per Acre Value 1 BULKHEAD . Tilla]~T'e2 DOCK Tillable 3 Woodland Swampland ~,~ ~ Brushland House Plot Total · Extension E~ens~on Garage [Foundation ~,~ _~. :~_I Basement ~ Ext. Walls [ Fire Place Patio ~ Porch Porch interior Finish Roof Type Rooms 1st Floor Rooms 2nd Fioor Dormer ~2~~' (_ ,d APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE OOYEN, JR. ROBERT .1. DOUGLASS JOSEPH N. SAWlCKI Southold Town Board of Appeals MAIN ROAD- -~TATIE ROAD 25 SDUTHnLD, L.I,, N.Y. '11cj'71 TELEPHONE (516) 765-18;09 June 22, 1984 Mrs. Elvira Morgenstern 168 West 86th Street New York, NY 10024 Re: Application for a Variance Fifty-Foot Strip Conveyance to N/S Indian Neck Lane, Peconic House Lot Dear Mrs. Morgenstern: Attached is a copy of the recent determination of the building inspector in which he would not require an action of this board merely for a merger of a 50-foot strip of land to your house premises, which would leave at least 80,000 sq. ft. in area to the parcel known as Lot 1 of "Peconic Bay Gardens" Subdivision, and your house parcel would be increased in size. It appears that both parcels are not in violation of the zoning ordinance. Please understand that this determination is subject to change if circumstances are changed. Yours very truly, GERARD P. GOEHRINGER CHA, I.RMAN cc: Planning Board Building Inspector V. Lessard P.S. Please contact the Planning Board Office processing at 765-1938. for further TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y, 11971 TEL. 765-1802 DATE: TO: FROM: SUBJECT: June 22, 1984 Planning Board Victor Lessard, Executive Administrato~'~ Elvira Morgenstern property The set-off requested to add to the house lot would add to the size of the property, thus up-grading the area. I agree with the Planning Board that an up-grading condition such as this would not require action by the Board of Appeals. VL:ec cc: Board of Appeals Southold Town Board of Appeals MAIN ROAC)- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI TO: Mr. Victor Lessard, Administrator/Building Southold Town Building Department DATE: June 20, 1984 SUBJECT: Elvira Morgenstern Property 1000-86-5-10 Fifty-Foot Strip from 1000-86-5-9.5 Inspector Concerning the attached correspondence from the Planning Board and the circumstances of Mrs. Morgenstern's conveyance of the 50-foot strip of land to her house lot at Indian Neck, Peconic, may we have your final determination as to whether or not the conveyance of this 50' strip will require action by the Zoning Board of Appeals, and which section of the Code that determination is made? Thanks for your time in reviewing this matter. PI D Southold, N.Y. 11971 (516) 765-1938 Mr. Gerard Goehringer, Chairman Southold Board of Appeals Southold, NY 11971 June 5, 1984 Re: Morgenstern application At Peconic Dear Mr. Goegringer: On review of the file for the above mentioned lot-line change, due to the fact that the conveyance of the 5,022 square foot lot to the house lot will create a larger house lot and not cause the remaining lot to have an insufficient area, it appears that this can be handled with covenants and restrictions. Therefore, this matter does not appear to need a variance from your Board. When it is reviewe~ the Planning Board will request covenants and restrictions which will be similiar to the following. 1. Lot to be transferred to the house lot of Elvira Morgenstern as a non-buildable lot. 2. No further subdivision of any lot in the future.~ Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary JUDITH T. TERRY TOWN CLI-:R K R~,:(;IS FR^ R OF VITAL Sl: [ISl ICS OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD May 23, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197l TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3253 application of Elvira Morgenstern for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; No .............. ~ ~v~ ........ ~ DcFartmcnt; and survey. Judith T. Te~ Southold Town Clever ~) N I Air, err f rrner APPROVED PLANNt~G B0. '""r'OWN OF SOUTHOLD ,ATE Of o0~/' ~ slc~t e ?onlmo . _. :..._., I COIVTOUR L, IIVES APPROXIM~ rIO FROM u. $. G. $, eCl,aRT. TOTAl. .4RE~ ~ 9, 4 ~CRE$ S 3, THIS MAP PREPARED FROM ~R~ 4 , SUPPO~K COUNTY PAX MAR OI$T ~o~ .PECT~O~ B,',OCK ~ LOT 9 , LOC, bT/°N MAP SCOLD I.": 600~ ';' YOUNG & YOUN~ .,,',.,' 400 OsTr^NO~r:^v£Nu£, rmvErCD~ PECONIC BAY GARDENS, INC. AT PECONIC TOWr4 OF SOUTHOLD , , /,] . SUFFOLK CO., N,Y. , JO,ATE: ' "~'oa/£: I "= I00' OCT L 1980 a°'80' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southo~d NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta~ariance~Special Exception) (Special Permit) (other) [circle oho±ce] 2. That the property which is the subject of the Petition is located adjacent t~ your p, roperty and is des- cribedasfollows: ~/%S7~ .~/.~,q,~ ~ ~' -~,~/D/:~,~ ~t~CK //),'~, F'~'^~;IC~ 7'L~/. 3. _That the pr, operty which is the subject of such Petition is ,[~.- ,~Je.5 ~e~aL 4- .~.~.~ r,'~,, / ~/~4 ~- located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~O dE e (J ~ -~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Ag~icle 7'*~ '~ S,~:~t~.~ on 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. (5'16) 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: Petitioner Post Office Address , /' Damianos PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P.O. Box J, Pt. Jefferson Sta, NY 11776 Peconic Bay Gardens, Inc. P.O. Box 1070, 77 Country Village Lane, New Hyde Park, NY 11040 Mr. John Pontino Indian Neck Lane, Peconic, NY 11958 P 565 484 887 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Postage Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery P 565 4&4 ,486 ~CEIPT FOR CERTIFIED MAIL 0 ?NSURANcE COVERAGE PROVIGED NOT FOR INTERNATIONAL MA~L (See Reverse) P 565 484 889 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) State and ZIP Code Postage Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address TOTAL Posta of Southold; Sworn to before me this Notary Public ~' ad the ; that said of said persons by L1NDA F. KOWALSKI NOTARY PUBLIC, Stote of N¢~ Y0r~ No. 52-4524771 Qualified in Suffolk County /. Commission Expires March 30 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ .ii ~ , · .)...~r~....~. .... .~. :~.. ................. PLEASE TAKE NOTICE that your application dated ...... . . .~ .t~'.~..&..'~ ......, 19 .~...~.. for permit to c,~-,'~t .~or~,~.~,.. ~-~'. ~ ...................................... at Location of Property ......... .=.~....~.d~. ~:~....~.. ~. ~..~.~ ..... /. ?. ~. ~ ....... House No. Street Ham/et County Tax Map No. 1000 Section .... .~ .~(~. .... Block ..... ~ ....... Lot ./.~..'¢... ,qo..~.'.~.~ Subdivision..~4..~. i Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..(~....~... ). ~ .~..~.1.. y. ...... .~.'.J~.... X ,.-?_../,~..-./.~.Y ................................................... Building Inspector RV 1/80 0 SHORT ENVIROh%[ENT.~L ASSESSMENT FO~M INSTRUCTIO~iS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available iufor?~tion concerning the project and the likely impacts of the action, It is not ex~ected that additional studies~ research or other inves%lgations will be undertaken,' (b) If any question has been answered Yes the project may be significant and a (c) If all questions have been answered No it is likely tbmt this project is no~ significant, (d) Envircp~ental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? o . . . o · · · Yes ~ No 2. Will there be a major change to any unique or unusual land form found on the site? Yes 3. Will project alter or have a large effect on an existing body of water? . . . , . , · ,, Yes g. Will project have a potentially large impac~ on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? · , , · · · , Yes _.~No 6. Will project affect any threatened or endangered plant or animal species? .... · , · · Yes ~'~No 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual cha~- acter of the community or scenic views or vistas known to be important ~o the community? · · · , Yes ~/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 ..~ No lC. Will project have a major effect on existing or future recreational opportunities? · · · Yes ,,~'~No ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- anne as a result of the project's operation? · Yes ~-~ No 13. Will project have any impact on public health or safety? · · . · · · · ..· · , , .... Yes /No Will project ~ffect the existin~ community by directly causin~ a ~rowth in permanent popula- tion of more t~an 5 percent over a one-year period o~ have a major negative effect on the 15. Is there public controversy concerning the project? Yes ~No PREPkRER'S E: y' s Date) To: Southo!d Town Board of Appeals Main Road Southo!d, NY 11971 Re: Appeal App~_c==_o,. of Location of Prop~_=y. Dear Sirs: In reference to the New Yo_,, State Tidal Wetlands Land-Use Recu!ations, 6 N,CRn, Part 661, and Article 25 of the New York St9%e Environmental Conservation Law, please be advised that the suo3ec5 property iQ the within apoeal a ~==; (please check one box) [ ] May be to~-=ac wl=nmn 300 feet of tidal e-la.,~s; however, constructed along the , t=~-' ~- ~a ~_ zy_~g edge of this property is a bulkhead in very good condition and at least 100 fee5 in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed a!on~ the wate~-!yinc edge of this o~ ...... ,~.>~=~ . .-Oz~_~l is a bu ....... d in need of (m_.o_) (major) ~esa~_s, and a~p .... =ma~==y feet ~ length. -- [ ] £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and th__~ is no bulkhead or concrete wall existing ~on the premises. -[ ] not appear to Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.y.C. D.E.C.] Sincerely yours, (Signa-, ~--- please~ NOTE: If proposed project falls witx~in D.E.C. jurisdiction, approval must be received an~ submit{&d to our office before your application can be scheduled for a public hearing. Ai)Pi~¥'~O LY PLANNING BOARD TOWN OF $OUTHOLD SE( $[C. N0.075 TOWN OF $OUTHOLD \ \ LINE Legend ~ TOWN OF SO~JTHOLD, NE~ YO~ M ~Y~ ~ 3 ~84 APPEL FROM DECISION OF BUILDING INSPECTOR APP~L~O, TO THE ZONING 8OARD OF ~PPEALS, ~N OF S~THOLD, N. Y. , . ............. o, .......................... ........................................ .... ., ~.,~me ,o~eJ]o~,}. ~, . ', '~ ' ~ ~:Stre~ m~ '~ ~ 'Mdnicip~lity ~ '* State THEZONI~G,B~RD OF 'APPEA~FROM THE.D[CISION !C~IIO~bg~T - . FOR:. - WHEREBY~THE~BUILD,~G INSPEC~O~ DENIED TO -- ,,: ~-~ , . NQme of Applicant for permit - '~"; Street ~n~N~mber" ~ >,,'-~z~un,icipolify,;~ , Store ) PERMIT TO USE · ..... ) PERMIT FOR OCCUPANCY ~ ~ ~ ..... ": ] LOCATION OF THE PROPERcY .. . I~. .~. Street ~a ~e~ DATE PURCHASED: ~ IL .'~. ...... ~':, ~... 2. PROVISION (S) OF THE ZONING ORDINANCE A~PEALED (Indicate the A~ticle Sectio~, Sub- section ~nd Paragraph of the Zoning Ordinance by number. Do not quote the Ordinanqe.) 3. TYPE OF APPEAL Appeal is m~de herewith for ( ~A VARIANCE to the Zonin~ Ordinance or Zonim~ A VARIANCE due to ~ck o~ ~ccess (Sto~e o~ Ne~ YorkTown L~w Ch~p. 62 Cons. Laws Art ]6 SeC. 280~ Subsection 3' ' 4. PREVIOUS APPEAL A previous appeal (has) [bas not~3oeen made with respect to this decision of the Building Inspector or with respect ro this property, Such appeal was ( ) request for a special permit ( ) request For a variance aha was made in Appeal No ...............................Dated ...................................................................... REASON FOR APPEAL ( ) A Voriance to Section 280A Subsection 3 ( L--~A Variance to the Zoning Ordinance ( ) '~ is req~e'ste'd fdr tF;~reason that "we "Woo,~d--like ~'orm ZB~ (Continue on other side) REASON FOR APPEAL STRICT APPLICATION OF THE ORDINANCE would produce practicai difficulties or unneces- e hardship created is UNIQUE~ s not shared by ail properties alike in the immediate vicinity of this proPe, rty and i~ this use district because ~ ~ ~/~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C.~^RACTER Or THE DISTR,CT bec°use STATE OF NEW YORK ) ) ss COUNTY OF Notary Public OWNER TOWH OF SOVTHOLD PROPEETY RECORD CARD ~/-/~- STREET VIL~GE FORMER S RES. I SEAS. Woodland Meadewkmd Ho~e-Piot Tota~ VL .T~/.~ TOTAL E W ACR, I TYPE OF BUILD'lNG FARM ~ COMM. CB. MICS. Mkt. Value DATE RE/V~RKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD OWNER FO~AER OWN£R IMP. /?O L VL' TOTAL STREET FARM DATE BUILDING CONDITION ~E£OW Value Per Acre IPROPERTY ~ECOt~D CARD DISI'RIC'T ACREAGE ' . o"~ /'~' TYPE OF BUILDING VILLAGE SUg. LOT ABOVE Value I E~t. Mkt. Value lIND. REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK RES. ~ !/S SEAS. LAND ~O-O0 -- _./,5-__~__~__ __/..c-' AGE NEW NORMAL Farm Acre Tillable TiIIob:~ 2 Tiilable 3 Woodland Swampland Brushlond House Plot Tofo] Extensbn F. xtensJon ! ! Foundation Basement Ext, Walls Fire Place Bath Floors Interior Finish _~E 5 !Heat Porch L Roof Type Porcht Rooms 1st Floor Dormer iRooms 2nd FJoor L