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Home My WebLink About3233New Su££olk ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3233 Application Dated TO: Gary Flanner for JOSEPH A. March 22, 1984 Olsen, Esq. as Attorney McKAY AND MICHAEL S. GREENLY P.O. Box 706 Cutchogue~ NY. ~9-35,~''~ [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 25, ]984, 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 ~ ] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] [ ] Request for Upon application of JOSEPH A. McKAY and MICHA£L S. GREENLY, 14 East 60th Street, New York, NY 1-0'022, (by G Olsen,~~nce to the Zoning Ordinance, Article III, Section 100-31 for approval of insuf- ficient area, width, and depth of parcels with existing dwellings in this proposed division of land located at Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-16. The public hearing concerning this matter was held on October 25, 1984, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31 of the Zoning Code for approval of: (a) Parcel 1 of insufficient area of 12,185 sq. ft., lot width along Main Street of 123.20 feet, and lot depth of 90.75 feet along the easterly property line, and (b) Parcel 2 of insufficient area of 7,260 sq. ft., lot width along Main Street of 80 feet, and lot depth of 80 feet along the southerly property line. Existing on proposed Parcel 1 are a two-story frame structure presently used as a one-family dwelling located 27.5 feet from the Main Street property line and 33.8 feet from the Fourth Street property line, and a one-story frame structure also presently used as a one- family dwelling set back 1+ foot from the southerly property line and 10 feet from the easterly proposed property line. Existing on proposed Parcel 2 are a one-story frame structure presently a one-family residence set back 9.9 feet from the northerly front property line and 6.2 feet from the easterly tront property line, and a second one-story frame structure also a one-family residence set back 11.9 feet from the easterly front property line and lO feet from the southerly property line. All of these structures have received a Certificate of Occupancy of Nonconforming Premises No. Z-12708 dated August 17, 1984 from the building inspector. The board members are familiar with the site in question, and (CONTINUED ON PAGE TWO) DATED: October 31, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3233 Matter of McKAY AND GREENLY Decision Rendered October 25, 1984 it has been found that the general neighborhood of the same size as that proposed, and smaller. the licensed appraiser and all other statements hearing has been considered. consists of lots The testimony of during the public In considering this appeal, the board has determined that: (1) the circumstances of this appeal are unique; (2) that by allowing the relief no detriment to adjoining properties would be created since the dwellings are existing and no additional dwelling uses are permitted; (3) no adverse effects will be produced on available governmental facilities of any increased population; (4) the relief will be in harmony with the intent and purposes of zoning, (5) the character of the district would not be changed; (5) in view of the manner in which the difficulty arose, the interests of justice would best be served by allowing the variance, as noted below. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 3233 (for Joseph A. McKay and Michael S. Greenly) for approval of insufficient area of 12,185 sq. ft. and 7,260 sq. ft., insufficient lot width of 100.75 feet and 90.75 feet, and insufficient lot depth of 90.75 feet and 80.00 feet, of proposed Parcels 1 and 2, respectively, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further lot area reductions of either parcel (for further division); 2. No sideyard reductions to less than that permitted by code (for any new construction). Location of Property: Main, Fourth and Third Streets, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-16. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. Member Doouglass was absent (due to illness). This resolution was adopted by unanimous vote of the members present. lk GERARD P. GOEF~RINGER~/CHAIRMAN October 31, 1984 RECEIVED AND FILED BY TIlE SOUTHOLD TOW14 Town Clerk, Town of Southol~d____ TOWN HALL MA~N ROAD . S.'R. 25 $OUTHOLD~ NQ~ICE IS -HEREBY GIVENs, pursuant to Section 267 of the Town Law and the Provi*sio~s-of the Amended .CoMe of the-Town of Southold, a Re~ula~ ~e~tin§ and the following mat~ers will be held for public~ he~rings by~h~ Southold Tomn Board of A~peats, on THURSDAY, ,OCTO.BER'25'.,'l'984, commencing at 7:30 o'clock p.m., at the Southold Town Hall, Main Road, Southold, NY: 7:30 ~p.m. Application of WINDS WAY ~UILDING CORP., Glen Road, Southold, NY for a Variance to the~Zoning Ordinance, Article III, Section 10~0-31 for approval of an insufficient nearyard setback of a new one-~famiily dwelling ~ocate~ on Private Road #t off the North Side~ of North Bayview Road, Seuthold, NY; County Tax Map Parcel No.. 1000-077:02~25. Y 7 5 p.m.. ~Applic~tion of 20SEPH A. McKAY and MICHAEL S. GREENLY,/ :3 14 East 6Oth Street~ N~w York, NY 10022, (by G.F. Olsen, Esq.) for a / Variance to the Zonin§:O~dinance, Article III; Section 100-31, for approval oif insufficieht area, width, and depth of parcels with existing dWe'-Ilings in this proposed division of land located ag Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map~ Parcel No.i 1000-117-09-16. ~ 7:40 p.m. Application of JEAN C. HOLLAND, Vanston Road, Cutchogue, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordinance, Article III, Section~tO0-31, for approval of insufficient area and width of parcels in this proposed division of land known as Lots 36 and 37 on Map of W.C. Grabie at Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Properties (Section C), Lowland ~oad, Cutchogue, NY; County Tax Map Parcels No. lO00-111-10-1 and 18. 7:45 p.m. Application of ACADEMY PRINTING SERVICES, Horton's Lane, Southold, NY (by M. Hall, Esq.) for a Variance~to the Zoning Ordinance, Article VII, Section 100-71, for approval of insufficient area and width of parcels in this proposed division of land located at the South Side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-1-2. 7:55 p.m. Application of BERNARD and'GERALDINE DEMPSEY, Stillwater Avenue, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for approval of excessive lot coverage and construction of pool in an area other than the required rearyard located at 570~ Stillwa~er Avenue, Cutchogue, Fleetwood Cove Subdivision Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of October 25, 1984 Lots 16 and 17; County tax Map Parcel No. 1000-137-04-004. 8:05 p.m. Application of COLGATE DESIGN CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hefted, Cuddy & Angel) for a Variance to construct insufficient sideyard Main Road, Cutchogue 1000-102-05-24. building for storage purposes with an setback. Location of Property: North (7-11 Store), County tax Map Parcel No. Side 8:10 p.m. Application of SOUTHLAND CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to constract building for storage purposes with an insufficient sideyard setback. Location of Property: South Side Main Road, Southold (7-11 Store), County Tax Map Parcel No. 1000-62-3-37. 8:25 p.m. Application of ERNEST G. CURRAN, 485 Rabbit Lane, East Marion, NY (by S. Glickman, Esq.) for a Variance to the Zoning Ordinance, Article III, Section lO0-31 fpr approval of insufficient area and width of parcels with existing dwellings in this proposed division of land located at the North Side Rabbit Lane, East Marion; County Tax Map Parcels No. 1000-31-17-13. Persons desiring to be heard should do so in person or'~n writing before or during the public hearing. For additional information, please contact our office at 765-1809 (or 1802). Dated: October 15, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN NOTI'CE TO NEWSPAPERS: Please publish THURSDAY, OCTOBER 18, 1984 and forward 8 affidavits of publication on or before October 22, 1984 to: Board of Appeals, Main Road, Southold, NY 11971. Thank.you. Page 3 - Legal Notice of Hearings October~25, 1984 Regular Meeting Southold Town Board of Appeals Copies of the legal notice of hearings was forwarded to the following on or about 10/15/84: Suffolk Times, Inc. (personal delivery) LoI. Traveler-Watchman (pers. onal delivery lO-16) Windsway B~ildin~ Corp. Gary F. Olsen~ Esq. as attorney for McKay and Greenly M. Hall, Esq. as attorney for '~ean C. Holland and Academy Printing Mr. and Mrs. Bernard Dempsey Esseks, Hefter, Cuddy & Angel for Southland Corp. and Colgate Design Richard F. Lark~ Esq., as requested Samuel Glickman, Esq, as attorney for Mr. and Mrs, Ernest G. Curran ZBA me'mbers ZBA individual files Town Clerk Bulletin Board Zoning Clerk Bulletin Board Supervisor and Town Board members Victor Lessard~ Building ~epartment Administrator FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ To .~..._.~..~-~.~.¢...~.. ....... PLEASE TAKE NOTICE that your application dated....~.~..O~...c~,.. J. ~ ......... 19 .~. ~. ~or permit to ¢c=~..-m~..-: ................................................... at County Tax Map No. 1000 Section .... [1.~ ..... Block ...... .~ ...... Lot . .~.(q. .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~.'..~...~..~.~. )..0-9. Y ~.1 ~.,..C..~..¢4.'.~:..~. ~ a .&.v.~. ~... ~ ,~~ .... ~ .'.~... ............................................. : ..... ............ Building Inspector RV 1/80 APPEAL FROM DECISION OF BUILDING INSPECTOR L"~TOWN OF SOUTHOLD, NEW YORK DATE .......................... TO THE Z(3bqSt~Z~iB2.A~ (~[¢,PaI~EcC, LS, TOWN OF SOUTHOLD, N. Y, ], (We)..,~.[..C..H..A..E..L....S..;....G.R._E.[~.L.Y.. ........................... of ..... 1°°22 Name of Appellant Street and Number .................... .N..e.~...Y..o.?..k....O..J.~,y. ................................................................ .N..Y. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHER~EBY THE BUILDING INSPECTOR DENIED TO 30SEPH A. MC KAY and HZOHAEL $. GREENLY Name of Applicant for permit of .1.4.. £z s.t ..6.0.tJ.]...S.t r. eet , ..N ..Y. e r. k.,.. N.¥.....1.0J022 ................................................. Street and Number Municipality State () PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY (X) VARIANCE I LOCATION OF THE PROPERTY ....... Street Use District on Zoning Mop Mop No. L~ No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance ay number. Do not quote the Ordinance.) Article III, Section 100-31 (Bulk Schedule) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE tc the Zon ng Ordinance or Zoning Map A VARIANCE due fo [ack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 of the Building Inspector or with respect fo this property. Such appeal was f I request ~or a soecial permit ( ) request for a variance and was made in Appeal No ................................ Dated ............................................................ PRE~/IOUS APPEAL A :rev~ous appeal Y(Ix~ (has not) been made with respect to this dec~sion REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicants seek ~o creaze a minor sub-dLvLston Ln accoraance ~tth a sur'fey preparea by Young & Young revised May 21, 1983, with Parcel #1 having an area of 12,185 souare feet and Parcel #2 havtug an area of -7,260. Form (Continue on other side) REASON FOR APPEAL '- Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties Or Unffeb~sz sary HARDSHIP because appttcants seeks ~o create a minor sub-division with each parce! being undersized. The subject premises is bounded on three sides by pubIic roads i.e. West Dy 4th Street; North by Main Streez; and East Dy 3rd Street. There are ~wo existing houses on Parcel #1 and two existing houses on Parcel #2. Parcel #1 would have a total area of 12,185 souare Feet and Parcel #2 would have a total area of 7,260 swuare feet. The character of the neighborhood would not change since the houses are underpre-existing zon~ng~ 2. The hardship createc is UNIQUE anc is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject premises is bounded on three sides by pubtic roads with existing homes that pre-date zoning.x~h~x~h~xx~x~x ~x%h~x~i~e~x~xRu~i~x~z Parcel #1 would have frontage on both 4th Stree:t and Main Street and Parcel #2 would have frontage both on Main Street and Third Street. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~ARACTER OF THE DISTRICT because the granting of the Variance wouJd resutt in t~o parcels on which aiready exist houses which pre-date zoning. The character of the neighborhood would not change since houses are already in existence ano are bounded on three sides by public roads. The granting of the Variance would create two Parcels generally in keepzng with ~ne size and shape of surrounding properties. Joseph A. McKzCy/~\ STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature Gary Otsen Sworn tc this .............................................. cloy o{ ........ ..F,~.r,]4.a..r.~,.,2. p.d. ................... 1984 TOWN' OF $OUTHOLD .P~OPERTY RECORD CARD O~-~IER STREET VILLAGE LOT D/STRICT RES. LAND SEAS, IMP. VL TOTAL FARM DATE COMM. IND. J CB. MlSC, REMARKS , ~'- - , AGE NEW Form Tilleble I- - Tillable 2 Tillable Woodland Swampland Brushland House PIot-.,~ C ~X~ota I xlORMAL BUILDING CONDITION BELOW Acre Value Per Acre ABOVE Value BULKHEAD FRONTAGE ON WATER FRONTAGE ON ROAD2~ DOCK Bath /dK~/~re Pace Heat ' Porch Roof Type / Porch I ~Rooms 1si Floor Patio Rooms 2nd Floor S. ~ ~$8 '00 "IF. ~ $~Ory N. 8~ ~$8 '00 "W. FRANK DAWSON Lot I ONUMENT FOUND IPE FOUND CO. TAX MAP~ DISTIO00 SECT 117 BLK. 09 LOT 016 ~03.~0 80.00' Lot 2 ~wood Y~n~ 80.00' N. 85"~8'00"~ KAREN GANDOLFI UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW ;.EWS~ON$ YOUNG & YOUNG I~IAY~,I~I.~O$ 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG -MINOR SUBDIVISION FOR , JOSEPH A. McKAY & MIC~LY -- ~" °" SOUTHOLU- ,~.X*..)./ // ~y/,t~ ~ J ~:~p7~,/~ / '" SUFFOLK CO., N.Y. _ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 - APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 31, i984 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 Re: Appeal No. 3233 - McKay and Greenly Your File No. 3459 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may Re applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802 Yours very truly, Enclosure Copy of Decision to Building Department Planning Boar¢ Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Commission SERVICES 54075 MAIN ROAO - 2 WEST - SOUTHOLD. NEW YORK 11971 TELEPHONE (516) 765-1993 LANCE LARSEN, President SUSAN M, YOUNG, Manager JOHN C JEWELS, Associate October 25, 1984 Mr. Gary Olsen, Esquire Attorney at Law Main Road Cutchogue, New York 11935 re:Property of Joseph A. McKay and Ano. s/s Main Street - between Third and Fourth Streets, New Sufffolk,NY Legal: SCTM Dist ]000 Sec 117 Blk 09 Lot016 Dear Mr. Olsen, In accordance with your request, I have personally inspected the above captioned property for the purpose of estimating its Market Value, under the following conditions, as of October 25, 1984: a) as exist b) subdivided into two parcels The function of this report is to estimate economic obsole- scence resulting from single parcel use, which is not consid- ered to be the Highest and Best Use of the subject property. I have formulated the opinion based upon careful analysis of recent sales, the Highest and Best Use of the subject pro- perty is as a minor subdivision with each parcel improved with two residential structures. Highest and Best Use can be defined as that use which will allow the greatest net return to the site. Implicit in this definition is that the current or anticipated use is found to be physically feasible, reasonable, probable and a legal alternative use. Market Value is defined as: The highest price in terms of money which a property will bring in an open and competitive market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably - 2 - and assuming that the price is not affected by undue stimilus Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated 2. both parties are well informed or well advised, and each is acting in what he considers his own best interest. 3. a reasonable time is allowed for exposure in the open market. 4. payment is made in cash or its equivalent 5. financing, if any, is on terms generally available in the community at the specific date and typical for the property type in its locale 6. the price represents a normal consideration for the property sold unaffected by financing amounts and/or terms, services, fees, cost or credits incurred in the transaction The proposed property division is shown on a recent survey by Young and Young, as Lot 1 and Lot 2. Lot 1 is improved with a Two story, old style residence and a small seasonal cottage, which is serviced by a well and private cesspool system. Lot 2 is improved with a One story, bungalow style residence and a small seasonal cottage, which has its own separate well and private cesspool system. VALUATION: The methold of valuation employed in arriving at an opinion of Market Value is that of the Market Data (Direct Sales) Approach. In the Market Data Approach, the appraiser consid- ers sales and other market data of comparable or nearly comparable properties. In the case of nearby properties, he attempts to make adjustments for the differences between the subject and the comparable sales. These sales are then a analyzed for the purpose of estimating the market price at which the subject property could be sold by a willing seller to a willing buyer as of the date of appraisal. Due to a limitied market availability of multiple use resdietial properties in the New Suffolk area, I have also in vestigated sales that have recently closed in the Village of Greenport, which is the next substitute housing area for properties similar to the subject. LARSEN APPRAISAL SERVICES - - 3 - Thus, taking into consideration all factors that influence value together with the market conditions as they now exist, I have formulated the opinion that the Market Value of the subject property is: Assumption A: $ 144,500 Assumption B: Lot 1 $ 98,900 Lot 2 $ 80,600 TOTAL: $ 179,500 This report was made for the purpose stated and should not be used for any other purpose. All data employed in arriving at an opinion of value are retained in my files and avail- able for your examination upon request. Respectfully submitted, LARSEN APPRAISAL SERVICES LARSEN APPRAISAL SERVICES · CU TCHOGUE HARBOR TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL $OUTHOLD, NEW YORK CERTIt ICATE OF OCCUPANCY NONCONFORMINGPRLMISES,~ TItIS IS TO CERTIFY that the /x_-/ Land /X / Building(s) 1-/ Use(s) -- 16740 located at 750 No. Z12708 August 17, New Suffolk Ave. (Main St.) Fourth St. Third New Suffolk Street Hamlet shown on County tax map as District 1000, Section 117 _, Block 09 Lot 016 , doeslnot)conform to the present Building Zone Code o~ the Town of Southold for the following reasons: The property has insufficient area. There are three (3) non- 1984 conforming dwellinqs on this lot, per 100-30 A (1). The four (4) dwellings are labeled on survey (attached), and are non-conforming for followin~ reasons: Bldg. 1 has insufficient frontyard setback* On the bas~s of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /'~/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 pur'suant 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: three (3) one-story wood one (~) two-story wood frame dwe]]fn9 with access and frame dwellings & to Third, Fourth, Main St.'s (New Suffolk), which are all Town maintained streets. This property is located in The Certificate is issuedto of the aforesaid building. the 'A' Residential-Agricultural Zone. JOSEPH A. McKAY & MICHAEL S. GREENLY (owner, ~e~e~e~-t~a~) Suffolk County Department of Health Approval no record UNDER!VRITE ~{S CEI~TtFICATE no record NOTICE IS HEREBY GIVEN that the owner of the above premises 1LiS NOT CONSENTED TO AN INSPECTION of the 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, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. *on both streets, Bldg. 2 has insufficient rearyard setback, Bldg. 3 has insufficient fronty&rd setback on both streets, Bldg. 4 has insufficient frontyard setback. Building hnspector ZONING i~OARD OF APPEALS Town Hall Main Road- S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Ap- peals, on THURSDAY OC- TOBER 25~ 1984~ commenc- ing at 7:30 p.m., at the Southold Town Hall, Main Road, Southold, N.Y.: 7:30 p.m. Application of W1NDS WAY BUILDING CORP., Glen Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for approval of an insufficient rearyard set- back of a new one-family dwelling located on Private Road #1 off the North Side of North Bayview Road, South- old~ N.Y.; County Tax Map Parcel No. 1000-0774)3-25. /' 7:35 p.m. Application of JOSEPH A. Mci(AY and MICHAEL S. GREENLY, 14 East 60th Street, New York, N.Y. 10022, (by G.F~ OIsen, Esq.) for a Variance ~ theI ~Oning Ordinance, Articie 111,' ~oction 100-31, for approval of insufficient area, Width and depth of parcels with existing lwellings in this proposed iivision of land located at Fourth, Third and Main Streets, New Suffolk, N.Y.; County Tax Map Parcel No. k1000-1174)9-16. -7:40 p.m. Application of JEAN C. HOLLAN_~.~D Vanston Road, Cutchogue, N.Y. (by M. Hall, Esq.) for a Variance to the Zoning Ordinance, Article HI, Section 100-31, for approv- al of insufficient area and width of parcels in this pro- posed division of land known as Lots 36 and 37 on Map of W.C. Grabie et Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Pro- perties (Section C), Lowland Road, Cutchogue, N.Y.; Coun- ty Tax Map Parcels No. 1000- 111-10-1 and 18. 7:45 p.m~ Application of ACADEMY PRINTING SER- VICES,, Horton's Lane, South- old, N.Y, (by M. Hall, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-71, for approval of insuf- ficient area and width of 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-Watch- man once each week for ........................../. ............. weeks successively, commencing on the .............. ./...¥....~.. .......... ........................................ Sworn to before me this ............. ../...~....~.. ........ doy of ............ ................ , Notary Public BARBARA FORBES Notary Public, State of New York No. 4S0C~46 Qualilied in Suffolk County Comlq..s;,m Expires March 30, 19'f'~g: Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Seuthold Town Board of Appeals, on THURSDAY, OCTOBER 25, 1~4, commencing at 7:30 o'clock p.m., at the Southold Town Hall, Main Road, Seuthold, NY: 7:30 p.m. Application of WINDS WAY BUILDING CORP., Glen Road, Seuthold, NY for a Variance to the Zoning Oralnnnce, Article IH, Section 100-31 for approval of an insuffi- clent rearyard ~etback of a new one-family dwelling located on Private Road #1 off the North Side of North Bayview Road, Seuthcld, NY; County Tax Map Parcel No. 1000-077-03-25. OS7:35 p.m. Application of~ EPH A. McKAY and CHAEL S. GREENLY, 14 East 60th Street, New York, NY 10022, (by G.F. Olsen, Esq.) for a Variance to the Zoning Ordi- nance, Article IH, Section 100. 31, for approval of insufficient area, width, and depth of parcels with existing dwellings in this proposed division of land located at Fourth, Third and Main Streets, New Suffolk, NY; County Tax Map Parcel No.~ L000-117-09-16. 7:40 p.m. Application of JEAN C. HOLLAND, Vanston Read, Cutchagua, NY (by M. Hall, Esq.) for a Variance to the Zoning Or- dinance, Article HI, Section 100. 31, for approval of insufficient area and width of parcels in this proposed division of land known as Lots 36 and 37 on Map of W.C. Grabie at Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Properties (Section C), Lowland Road, Cutchogue, NY; County Tax Map Parcels No. 1000-111-10-1 and 18. 7:45 p.m. Application of ACADEMY PRINTING SER- VICES, Horton's Lane, Seuth- old, NY (by M. Hall, Esq.) for a Variance to the Zoning Ordi- nance, Article VII, Section 100. 71, for approval of insufficient area and width of parcels in this proposed division of land located at the South Side of Traveler Street, Seuthold, NY; County Tax Map Parcel No. 1000-61-1-2. 7:55 p.m. Application of BER- NARD and GERALDINE DE. MPSEY, Stillwator Avenue, Cutohogue, NY for a Variance to the Zoning Ordinance, Article IH, Sections 100-31 and 100-32 for approval of excessive lot ?verage and construction ofpeol In an area other than the re- quired rearyard located at 5705 Stillwator Avenue, Cutohogue, Fleetwood Cove Subdivision Lots 16 and 17; County Tax Map Par- cel No. 1000.13%04-004. 8:05 p.m. Application of COL- GATE DESIGN CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, He/~er, Cuddy & Angel) for a Variance to con: struct building for storage pur- poses with an insufficient sideyard setback. Location of Property; North Side Main Road, Cutchogue (7-11 Store), County Tax Map Parcel No. 1000-102- 05-24. 8:10 p.m. Application of SOUTHLAND CORP., 300 Motor Parkway, Hauppauge, NY (by Esseks, Hei~er, Cuddy & Angel) for a Variance to con- struct building for storage pur- poses with an insufficient sideyard setback. Location of Property: South Side Main Road, Southold (7-11 Store), County Tax Map Parcel No. 1000-62-3- 37. 8:25 p.m. Application of ER- NEST G. CUILRAN, 485 Rabbit Lane, East Marion, NY (by S. Glickman, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels with existing dwellings in this proposed division of land located at the North Side Rabbit Lane, East Marion; County Tax Map Parcels No. 1000-31-17-13. Persons desiring to be heard should do so in per, on or in writ~ lng before or during the public hearing. For additional informa- tion, please contact our office at 765-1809 (or 1802). Dated: October 15, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN 1TO18-4686 SS: of Greenport, in ~vorn, says that he/she is ~FFOLK TIMES, a Weekly Greenport, in the Town uffolk and State of New of which the annexed is ~ regularly published in ach week for One ~encing on the 18 19 84 Princip"'l~er~ Sworn to before me this ] 8 dayof October 19 84 FORM NO, 6 TOWN OF SOUTHOLD Building Department Town Hall ~outhold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate 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 features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar 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, B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and pre-existing land uses: 1. Accurate survey of peoperty 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~ousing code or safety inspection of buildings or premises, or other pertinent informa- tion requ red :to prepare a certificate. C. Fees: t 1. Certificate of occupancy $5.00 / 2. Certificate of occupancy on pre-existing dwelling land 3. Copy of certificate of occupancy $1.00 use--Fre-Existing C.O. $15.00 Vacant land C.O. $ 5.00 Date .. dPJY. J 91 .4 ............ Buildi g ' Old or Pre existi g Bull ling .X ........ Vacant Land ............. New n ............. - n ( ... ~ (4 ouildings) Main R. oad ...................... ~ICW. Suffolk.. Location of Property ............................... Street Hamlet Hou~ No. Prope~seph A McKay & Michael S Greenly · Owner or Owners of · ... ..... " · · ' ........... County Tax Map No. lOOOSectionl]?. ........,..., Block ..9 .......... . .. Lot .... ~(~ .......... Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant . ~]P~t)Dt1. ~. ~4(;~ly .................. Approval Labor Dept Approval · · Health Dept ................................................ Underwriters Approval.............,..........Planning Board Approval ...................... Request for Temporary Certificate Final Certificate · Fee Submitted $ [..5 ~ 00... ....................... Construction on above de~ribad building and permit meets all applicable codes and regulations. / 7 0 ^pp,,c nt ....... ...................... Rev. lO-lO-Ta Cutchogue,, NY 11935 Southold Town Board o eals MAIN EI3AD- ~TATE EnAD 25 ~rlUTHr"ILD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 30, 1984 Gary Flanner Olsen, Main Road, Box 38 Mattituck, NY 11952 Esq. Re: Appeal No. 3233 McKay and Greenly Dear Mr. Olsen: This letter will confirm our telephone conversation last week that you will be applying for a Pre C/O for each of the dwellings which would indicate whether or not the dwellings are in conformance with the zoning code. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER LI~MAN - lnoa ~OWalSK1 Southold, N.Y. 11971 (516) 765-1938 April 3, 1984 Mr. Gary Flanner Olsen Counsellor at Law P.O. Box 38 Main Road Mattituck, NY 11952 Re: McKay and Greenly located at New Suffolk Dear Mr. Olsen: The following action was taken at the regular meeting of the ~Southold Town Planning Board on April 2, 1984. RESOLVED that the Southold Town Planning Board deny the application of McKay and Greenly located at New Suffolk, which is a 2-lot subdivision, due to the undersized lots. If you have any questions,please contact this office. Very truly yours, HENRY E. RAYNOR, JR.,CHAIRMAN ~UTHOL~.~~ING C~-~3BOARD By Di~e ~~~Secretary cc: Zoning Board of Appeals Southold Town Board of Appeals HAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3233 PROJECT NAME: ~oKAY & GREENLY 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: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: Area/width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main St.~ New Suffolk~ NY . County Tax Map #1000-117-9-16 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 of tidal wetlands or other critical environmental area. Relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. JUDITH T TERRY TOWN CLERK RE(;IS I RAR Ol' VITAL SI ,~ I ISTICS OFFICEOFTHETOWNCLERK TOWN OFSOUTHOLD March 22,' 1984 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~ Southotd Town Clerk Transmitted herewith is Zoning Appeal No. 3233 application of Joseph A. McKay & Michael S. Greenley for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Bo~d of Appeals ofthe Town of Southold TO: Frank Dawson Karen Gandolfi 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 (Variance) (Special Exception) (Special Permit) (Other) [c±:¢[e choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedasfo ows West by Main Street; East .by ~rd Street; South by Gandolfi and Daw~nn; We~t hy 4th Street 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: To create two parcels with insufficient area 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~%r~cle III ! Sectic~ 100-31. Bulk Schedule . 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 2,1984 Gary Flanner Olsen, Esq. Petitioner Post Office Address P.O. Box 38. M~Jn Road Matt!tu£k, NY 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Frank Dawson Karen Gandolfi~ ' New Suffolk, NY 11956 P.O. Box 605 3rd Street New Suffolk, NY 11956 STATE OF NEW YORIC) COUNTY OF SUFFOLK ) E[EANORJONES Matfitnck. Ny: '~ of February ,19 84 ,residing'at no .Cardinal Dr ve ~ ~ being duly sWorn:, ~i~&P0ses and .~ay~tha't on the 2nd day deponent mailed a true copy of the NotiCe's'et 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- rice at Mattituck ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Eleanor Jones ~// Sworn to b s/ 2nd ~ dayof F~,~y /.:;~/ , 198~// ~IARy FLANNER OLSEN Public, Slalo of New No. 52-2?59000 Expi~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ...... ¼ ........... ~..~, ) .. :~,s.*~ ....... PLEASE TAKE NOTICE that your application dated... }.}2~ %-~ ~-~>..~. ¢ .......... 19. ~.~. for pe~it to ~ .~.vv :. ~s-%~ .......... : ............................... at Location of Propertynoun"' ~"~vo. County Tax Map No. 1000 Section .... [1~ ...... alock ...... ...... Lot . .1.~ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ' ~' ~t,,~ c_f~.~ Building Inspector RV 1/80 SHORT ENVIRON'M~NT.~L ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available infsr~.~ation concerninE the project and the likely impacts of the action. It is not expected t.hat additional studies~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a ccmp!eted Environmental Assessment Form is necessa~/. (o) If all questions have been answered No it is likely that this project is not significant. (d) Enviror~ental Assessment 1. Will project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? , . . . . . . Yes X No 2. Will there be a major change to any 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 g. Will ~roJect have a potentially large impaCo on &Touncwater quality? · · · , · · · Yes X No 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 X No 7. Will project result in a major adverse effect on air quality? · · · . · , · Yes ~ No 8. Will project have a mmJor effect on visual char- acter of the co~munity 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 recrea=ional opportunities? · · · Yes X No 11. Will project result in major traffic problems or cause a major effect to existin& transportation systems? · · · · · . · · · · · · Yes . X No 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes ~ No 13. Will project have any impact on public health or safety? ...... , ...... Yes ~ No project ffeot co=unity by d~rec~ly causing a ~rcw~$ in permanent pop~a- tion of more than ~,~rg~n% over a on.year period ~ hav?a ~a~r/~egative effect on ~he character of %ne/c~.m~nity ~ neighborhocd~. . Yes X NO 15. Is there pub!i o /~ ~ ~r~v ~ncern~ng ~he pro'ecl? Yes X No j..~EP~R_R S SlGN~TbRE:/ ~LE: Attorney ~t I~w ~ Oose~b A~CKa- ~-, ~- - Southoid Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SE)UTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 AI~PEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 5, 1984 Gary Flanner Olsen, Esq. Main Road P.O. Box 38 Mattituck, NY 11952 Re: Application for a Variance John A. McKay and Michael S. Greenly Dear Gary: On Friday afternoon, the subject application and related documents were brought to our attention for review and filing. Upon receipt of the following documents, your application may be filed: (a) Short Environmental Assessment Form; (b) $50.00 filing fee; (c) Notice of Disapproval from the Building Inspector [which is expected tomorrow]. Yours very truly, Enclosure Linda Kowalski GARY FLANNER OLSEN COUNSELLOR AT LAW BOX 38 ' MAIN ROAD · MATTITUCK. LONg ISLAND. NEW YORK 1195E ' PHONE 516 291~-4S44 February 2, 1984 Re: McKay and Greenly Minor Sub-Division File #3459 Dear Mr. Lessard: Please be advised that I represent Joseph A. McKay and Michael S. Greenly who seek to sub-divide the premises designated on the Suffolk County Tax Map as 1000 - 117 - 9 - 016, into two parcels, each with an existing house. Parcel #1 would have an area of 12,185 square feet and Parcel #2 would have an area oi: 7,260 swqare feet. A copy of the proposed sub- division, as prepared by Young & Young, is enclosed. I understand that pursuant to our recent phone conversation, that you will isse a Notice of Disapproval due to the fact that the parcels are undersized. Also enclosed herewith, please t:ind an Application to the Zoning Board of A~peals in anticipation of your Notice of Disapproval, which I request that you forward to the Zoning Board for processing. I am also forwarding to you the Zoning Board Application fee in the sum ot:$50.00. Very tru~ GFO/emj Enclosures Southold Town Building Department Main Road Southold, NY 11971 CC: Southold Town Planning Board Main Road Southold, NY 11971 Southold Town Zoning Board of Appeals Main Roa~. Southold, NY 1~971 GAI~y FLANNeR OLSEN COUNSELLOR AT LAW P. 0 BOX 38 - MAIN ROAD · MATTITUCK. LONO ISLAND, NEW YORK 11952 · PHONE 516 298'4844 February 2, 1984 Re: McKay and Greenly Minor Sub-Division File #3459 Dear Mr. Lessard: Please be advised that ! represent Joseph A. McKay and Michae! S. Greenly who seek to sub-divide the premises designated on the Suffolk County Tax Map as 1000 - 117 - 9 - 016, into two parcels, each with an existing house. Parce! #1 would have an area of 12,185 square feet and Parce! #2 would have an area of 7,260 swuare feet. A copy of the proposed sub- division, as prepared by Young & Young, is enclosed. I understand that pursuant to our recent phone conversation, that you will isse a Notice of Disapprova! due to the fact that the parcels are undersized. Also enclosed herewith, please find an Application to the Zoning Board of Appeals in anticipation of your Notice of Disapproval, which I request that you forward to the Zoning Board for processing. I am also forwarding to you the Zoning Board Application fee in the sum of $50.00. Very truly yours., GFO/emj Enclosures GARY FL~NER OLSEN Southold Town Building Department Main Road Southold, NY 11971 cc: Southold Town Planning Board Main Road Southold, NY 11971 / Southo]d Town Zoning Board of Appeals- Main Roa~. Southo]d, NY 11971 GaRY FLaNNeR OLSEn COUNSELLOR AT LAW February 2, ~984 Re: McKay and Greenly Minor Sub-Division File #3459 Gentlemen: Enclosed herewith, please find an application for a two-lot minor sub-division and a Short Fo rm Enviornmental Assessment Form and six (6) copies of the proposed map. Please advise as to the filing fee. I am, simultaneously herewith, submitting an Application to the Zoning Board of Appeals. Very t GARY FLiNN~'R O~L~ GFO/emj Enclosures Southold Town Planning Board Main Road Southold, NY 11971 CC: Southold Town Building Department Main Road Southold, NY 1197~ Southold lo~n lonin~ BoarO of Appeals Main Road Southold, NY 1~971 GARY J:-LANNER OLSEN COUNSELLOF~ AT LAW February 2, 1984 Re: McKay and Greenly Minor Sub-Division File #3459 Gent lemen: Enclosed herewith, please find an application for a two-lot minor sub-division and a Short Fo rm Enviornmenta! Assessment Form and six (6) copies of the proposed map. Please advise as to the filing fee. I am, simultaneously herewith, submitting an Application to the Zoning Board of Appeals. Yery trul GFO/emj Enclosures Southold Town Planning Board Main Road Southo}d, NY 11971 cc: Southold Town Bdlding Department Main Road Southold, NY 11971 Southold Town Zoning Board of Appeals Main Road Southo!d, NY 11971