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HomeMy WebLinkAbout3170North Side Oregon Rd., Cutch. 3/2/84 CA-approval of access, and approval of insuff. area of one parcel in this proposed two- lot division. 10-8-94 Chaiman Goehringer inspected ROW after improvements made by Aztie Foser. Sent acceptance letter 10-24-94. Southold Town Board of Appeals MAIN R~AD- STATE RDAD 2,5 SnUTHI'ILD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]70 Application Dated August 3], TO: Gary Flanner Olsen, Esq. MR. DANIEL SHELLEY Main Road, Box 38 Mattituck, NY 11952 1983 (Public Hearing March 2, 1984) as attorney for [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 2, ]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 IX] Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule Request for The public hearing on this matter was held on March 2, 1984, at which time the hearing was declared closed after receiving testimony. Planning Board conditional approval was received September 19, 1983. N.Y.S. Department of Environmental Conservation was received Novem- ber 8, 1983. Upon application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280(A), and a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of one parcel in this proposed two-lot division located on a private right- of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. The board made the following findings and determination: By this appeal, appellant seeks: (a) approval of access over an existing, traveled right-of-way as indicated on the January 26, 1984 survey prepared by Young & Young having a length commencing at a point at the north side of Oregon Road 3708.08 feet to the southerly line of land now or formerly of Klapper, thence westerly 100' to the premises in question; and (b) approval of two proposed lots from the requirements of the Bulk Schedule. In researching the history of the parcel and right-of-way in question, a variance for approval of access was granted over this same right-of-way for a width of 15 feet on December 22, 1976 under Appeal No. 2232 to premises now or formerly of C. Klapper, County Tax Map District 1000, Section 83, Block 2, Lots 5 and 6. On June 14, 1977, the Building Department accepted the improvements to the right-of-way in accord- ance with the prior decision of the Z.B.A. The August 30, 1983 Notice of Disapproval from the Building Inspector has further required an "updated" review under New York Town Law since the right-of-way is in need of minor repairs and has also determined that variances from the bulk schedule are required. (CONTINUED ON PAGE TWO) DATED: March 27, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3170 Matter of DANIEL SHELLEY Decision Rendered March 2, 1 984 In reviewing the survey submitted with the application, the board finds that Lot 1 would contain an area of 1.766 sq. ft. or a minimum of 80,000 sq. ft. with 187.57' lot width, and Lot 2 would contain an area of 2.106 acres, which is more than the required 80,000 sq. ft. and 187.0' lot width. The survey shows an existing dwelling set back 209.8' from the southeasterly property line, approximately 184 feet from the proposed right-of-way within the subdivision boundaries, and having more than the required rear and side yard setbacks. There appears to be compliance with the list o~ requirements un~er qbe bul~ schedule and therefore variances ~rom same in the Doaro-s opl ion are not necessary. For the record it is noted that Local Law 7-1983 was passed May 20, 1983 requiring a minimum lot width of 270 feet; however Local Law 9-1983 was adopted and made effective August 16, 1983 which amep~ed the lot width requirement to 175 f~et. The board members have visited the right-of-way in question and find the right-of-way to be in good condition requiring only minor improvements. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the application for DANIEL SHELLEY for approval of access, Appeal No. 3170, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING REQUIREMENTS: That the potholes and ruts be filled and that the right-of-way be regraded its entire length and improved with 20% stone concentra- %ion and 80% sand-loam mixture at a minimum width of 15 feet. Location of Property: Oregon Road, Cutchogue, NY; Right-of-Way off the north side of County Tax Map Parcel No. 1000-83-2-4. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Grigonis and Sawicki. Chairman Goehringer abstained. This resolution was adopted by majority vote. Chairman Pro Tem Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRtNG£R, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOT[CE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of 5outhold, a Regular Neeting and the fo]lowing public hearings will be held by the Southold lown Zoning Board of Appeals at the lown Hall, Main Road, Southold, NY oncFRIOA¥~_ MARCH 2~ 1-'"~, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frontyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. lO~n-126-10-O13. 7:45 p.m. Application for PAUL D. VARTANIAN and a Variance to the Zoning Ordinance, Article V, Section lO0-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of insufficient area and width of two proposed parcels, and for permission to continue use of multiple- dwelling residence on proposed Parcel !'B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. 7:50 p.m. Application for PATRICIA STEGNE~, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGA~, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. Legal Notice - Page 2 March 2, 1984 Regular Meeting 'Southold Town Board of Appeals 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9- part of 18. ~~ Application for DANIEL S HE.LLE~Y, by Gary F1 ann er O1 sen, Esq.,~ ~x ~, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article lO0-31 for of insufficient area of one parcel in this ~ III, Section approval proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. ' ~ 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to relocate a nonconforming one-family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 4~, Mattituck, NY; County Tax Map Parcel No. 1000-101-02-21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUIHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursdas, February 23~ 1984 and forward nine affidavits of publication to: Board of Appeals, Ma~n Road, Southold, NY 11971, before February 29th. (516) 765-1809. Copies have been forwarded to the following 2/16/84: Irving L. Price, Jr., Esq. for Simon and Sanborn . " for Henry and D. St. George Mr. James F. Druck III Robert W. Tasker, Esq. for Rudolph H. Bruer, Esq. for Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Mrs. Frances D. Epp Gary Flanner Olsen, Esq. Mr. G. Horton for North North Fork Baptist Church Suffolk Times L.I. Traveler-Watchman Supervisor and Town Board Planning Board Chairman Z.B.A. Members Individual files Posted on Town of Southold/Vartanian Patricia Stegner Epp for Daniel Shelley Fork Baptist Church Members Town Clerk Bulletin Board 2/16/84 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To .~.....~..'.~ .... ~'J':'~'~'"~t ...... ..... ~ ~,.': .~ ~ .............. PLEASE TAKE NOTICE that your ~ dated . ~...,~..x~...I..~-'.. ..... , 19 .~.~;~ for permit to c~t ..~ 3..0~..' .~. ................................... at Location of Property ............................................................... House No. Street Hamlet County Tax Map No. 1000 Section ..... ~.~ ...... Block ..... .~. ....... Lot ....~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..Q,~~..~..~...q~:-~.. ..... d. .o~. . . ~. .~t_~. ~.s.o. .~. .~ ..~ ,. . .~~.'~' ~' ~ .~. .T. : ~. :. .~. .~. . Building Inspector RV 1/80 RECEIVED ~AUG 3 ! lg83 TOWN OF SOUTHOLD, NEW YORK TO~ CI~ROM DECISION OF BUILDING INSPECTOR APPEAL NO.'~/7~ DATE.. J~LL~LL$.t-...~. o... l.c)..~ 3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .....D.¢~Let...She 11ey. ............................... of ........ L~ J,B.2,~ad .................................................. Name of Appella,n.t Street and Number ...................... $outhol. d ......................................................... New..Y.~r.k ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~.F.,..../~....~.,~...~..~ ............. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) (X) (X) ............ DanJ.e[..She lle~. ........................................ Name of Applicant for permit of ....... FJa~..R~¢ ........................................ Cu.t£b~u~ .......................... ~levL.Xf~r.k... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE ]. LOCATION OF THE PROPERTY ........ .O.~16.gO.Q..l~.Q.a.~.,..J;.u..1;.q.h.D~.u..e.,....N.¥. ....................................... Street Use District on Zoning Map ...... ....................................................... Mop 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 not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~)¢~((has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (X) request for a special permit (X) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( X ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appttcant seeks to sub-dirts 3.872 acres into two parcets as shown on the survey of Young & Young, dated October 18, 1982, and also seeks Approval of Access over a right-of-way from Oregon Road to subject premises. t~°rm ~'S! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties o~unne(~es-' sory HARDSHIP because Applicant seeks to sub-divis 3.872 acres i~to ~o,parcels., as fol lows: Lot #1 - area of 1.766 acres and Lot #2 - area of 2.106 acres. Said parcels would be in genera! conformity with the other parcels in the neigh- borhood and ~tmeet the present recent two-acre zoning requirements. Located on the subject premises is the applicant's house, which is not centered in the property but rather is located far to the East. The proposed division line between parcels #1 and #2 would result in the house being fa!rly centered on Lot #1. To refuse the Variance to divide property would mean that the Westerly portion, thereof, would not be suitable for building a home. This property is unique in that it is waterfront and it would be a great economic hardship and practically difficult not to permit the creation of a new parcel, which would have an area of 2.106 acres. Also, access to the subject premises is over a right-of-way and applicant seeks approval of same under Section 280A of the Town Law. 2. The ha~ship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this prope~y and in this use district because Applicant has almost four acres of property and the Area Variance sought is only a slight deviation from the new two-acre zoning requirements. Due to the fact that access to the subject premises is obtained over a right-of-way, an Access Variance is also required. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHAP~,CTER OF THE DISTRICT because the two parcels to be created would be genera]y in keeping with the size and and character of the present zoning requirements and other parcels in the community and the geneeral character of the neighborhood would ~ot be changed. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ~ Sworn to this ............................................../f doy of ........... ~lJ. gn~t. ................................ 19 83 RUTH ~'~N GL% ~OTARY PUBLIC, State of NeW Yo~ I~o. $2-t116645, Suffolk Cou~ Te~m Expires March 30, [~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 12, 1994 Rudolph H. Bruer, Esq. Main Road P.O. Box 1466 Southold, NY 11971-1466 Re: Appl. No. 3267 of 10/15/84 (Klapper 1000-83-2-6.3, 6.4, 5) Appl. No. 3170 of 3/2/84 (Shelley 1000-83-2-4) Conditional 280A over Private ROW Dear Mr. Bruer: In accordance with your inquiry of Friday, September_.9~:1994, the Chairma~ of the Beard of Appe~ agz~ed to inspect the above- referenced z~ght-of-way in o~er to determine whether or not this Beard's conditions rendered March 2, 1984 were complied with. Upon inspection, the right-of-way was found to be in need of the following minimum improvements: From Poles #1 through #3 - fill potholes with banlr~un or stone; and From Pole #3 to irrigation pump - regrade to level humps in base of ROW; and From irrigation pump to E/W farm roads (approx. 4 to 6 poles down from irrigation pump) - add 2" to 3" of bankrun with stone content, and regrade a length of approx. 100 feet, and at a width of 12 to 14 ft. variably; and Remainiug potholes shall be filled for the entire length of ROW to the subject parcel; and In accordance with New York Town Law, Section 280-A, the entire ROW shall be maintained in good condition for fire .. and emergency vehicles by all owners of parcels having access over this right-of-way before issuance of future building permits and/or certificates of occupancy for Page 2 - September 12,'~994 To: Rudolph H. Bruer, Esq. Re: 280-A Conditions (ROW) construction, or as may be deemed appropriate under the .circumstances by the Southold Town Board of Appeals. Please keep us up-to-date and let us know when the. property owner plans to commence and/or complete the right-of-way improvements. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Inspector Gary Fish Southold Town Board of'Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11~J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI June 14, 1984 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3170 - Daniel Shelley Your File No. 3300 Dear Mr. Olsen: This letter is in response to your request for an amend- ment of your application for a variance, which was acted upon at our March 2, 1984 Meeting. The subject application was filed on August 31, 1983 and at the time of the filing of same, the bulk schedule required a minimum of 80,000 sq. ft. lot area and lot width of 250 feet. The legal notice was published for "variances for 280A approval and lot width." At the public hearing, the board was informed that Parcel No. 1 would have an area of about 83,000 sq. ft. and Parcel No. 2 about 98,000 sq. ft. Taking this into considera- tion, the board rendered its March 2, 1984 decision, a copy of which was forwarded to you March 29, 1984. By law, the board is not permitted to amend a decision without a new hearing, etc. Therefore, we are required to inform you that if an amendment is desired, an application and accompanying forms for same must be filed in order to be properly processed. It is recommended that same be filed as soon as possible for public hearing at our July Regular Meeting. cc: Mr. Victor Lessard, Exec. Planning Board Yours very truly,, GERARD P. GOEHRINGER GARY FLANNER OlSEN COUNSELLOR AT LAW P. O. BOX 706 · MAIN ROAD · CUTCHOGUE, LONG ISLAND, NEW YORK 11935 · PHONE 516 734-7666 June 13, 1984 Re: Daniel Shelley Minor Sub-division File #3300 Gentlemen: I am in receipt of a letter from the Planning Board dated June 6, 1984. I note that my variance application also included a request for an area variance. Please amend your decision so as to approve request for area variance as we1! as access variance. Very truly yours, /GARY/F[ANNER OLSEN GFO:mew Board of Appeals Town of Southold Main Road Southold, NY 11971 CC: Southold Town Planning Board Main Road Southol~, NY 11971 Southold. N.Y. 11971 (516) 765-1938 June 6, 1984 Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Minor subdiVision of Daniel C. Shelley Dear Mr. Olsen: Upon review of the file for the above mentioned subdivision located at Cutchogue by the Planning Board at the meeting June 4, 1984, it was noted that the Board of Appeals did' not grant a variance for the insufficient area on Lot 1. In order to proceed with the application,therefore, the Board requests that the lot line be shifted in order to obtain the minimum lot requirement of 80,000 square feet on Lot No. 1. If the applicant does not wish to do this, it will have to be referred back to the Board of Appeals for the variance needed. If you have any questions, please don't hesitate to contact this office. Very truly yours, : Board of Appeals BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secret~ry APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 March 29, 1984 Gary Flanner Olsen, Esq. Main Road P.O. Box 38 Mattituck, NY 11952 Re: Appeal No. 3170 - Daniel Shelley Dear Gary: Please find enclosed a copy of the official, copy of the board's decision which has this date with the Office of the Town Clerk. corrected been filed Please disregard the March 28, 1984 transmittal letter with enclosure. Yours very truly, Enclosure Copy of Decision to Building Department Planning Board Linda F. Kowalski Secretary LOCATION MAr' I" = '2000~ ~. ~CHOOL 01~ ~. 9 -- ~ 187.00' TELEDYNE POST N0177~ S. 43°45'V/ 374.5~ --Iol;'OPO~E.O ~'~' RtGUT OF WAY EX~STING ~,' RtGWT Of NOW OR FO~ME~I.Y JOHN 2"I. IHOSKI O~£GON NOW OR FOBME~?I.Y OAVIO O/~NAN NOW OR FORM~LY ROAD MINOR SUBDIVISION PREPARED FOR: DAN/EL C. S/-/E£/..EY MAY 23,19~3 AT CUTCHOGUE DATE : OCT. 18, 198~p TOWN OF SOUT/'/O/-D SCALE: /" : /OO' SUFFOLK COUNTY, NEW YORK NO. : g~P-59§ . ~o,,,,,. o, 1..., .u.,,.,,, .o1. .u.,~,,o,,, ,,,~,o .o'r e,. ¢o~*~o~*~ 'rD ~ ,,, v,,,uo 1..u~ cop,,'. .o.,,.,.,,. ,.o.c,,Eo ..,o...,,,, .,,. o.,,,o r//" t> ~ ;~\ ~ \'. ~ ..,.,o... ,...,.u.o., o..u...o.... °""'""  400 OSTRANDER AVENUE YOUNG 6 YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y..S. LICENSE N0.12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE NO. 488~3 June l~ 1977 Hr Raymond Nine, Contractor New Suffolk Av~. Hatti~uck, Dea~ Sirs I have inspected the "Klapper" private road, Oregon Road ~0 dwellings on L.I.$ound. The road meets the requirements set by Board of Appeals for access for private dwellinget I believe once some heavy traffic uses the road it will pack soildly . It is satisfactory for the Lntent of section 280a of the Yours truly Building Inspect o~ -tSOUTH OLD,, N.Y. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI%D OF APPEALS Appeal No. 2232 Dated December 6, 1976 ACTION OF TIlE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Constance Klapper P.O, Box 291 -- Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on December was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) t{eques~ for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 2 2 i ' 19 7 6 . the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. (t~.S.T.) 'upon application of donstance Klapper, P.O. Box 291, Cutchogue, New York for a variance in accordance with the Zoning Ordinance and the Town Law, Section 280A for approval of access and lot with insufficient width. Location of property: private right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the dlstrict because (would not) SEE REVERSE' and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the'Board finds that the applicant requests permission to set off lot with insufficient width and approval of access, private right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Constance Klapper, P.O. Box 291, Cutchogue, New York be GRANTED permission to set off lot with in- sufficient width and approval of access as applied for, subject to the following condition: The applicant shall improve the right-of-way from Oregon Road to the property which is being set off with 6" of' bank run, scarified, with a width of 15' to accommodate emergency vehicles. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE · Nq~TICE IS HEREBY GIV/EN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following public hearings will be heldby the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage in frnatyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greanpor_t, NY for a Variance JUDITH A. CHI£N NOTARy PUBLIC, State ofNewYork No. 4796131, Suffolk County Term Expires March 30 lg~ to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the fruntyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. 1000-314]-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 10031, Article XI, Section 100- 118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-013. 7:45 p.m. Application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule, for approval of ta- sufficient area and width of two propped parcels, and for permission to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1~10-9. 7:50 p.m. Application for PATRICIA STEGNER, by RUdolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law Article ~6, Sectio9 280!A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-7~o-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-1106-9. 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of in the at the corner and Pine Roads, Sou NY; County Tax Map D No. $HI~LLEY, by Gary Flanner Olsen, Esq., Box 38 ~' for a Variance of access, New Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article IIP, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax , map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattitack, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one- family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-141-02- 21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1~09 or 1802. These persons having an interest in the above matters may appear at the time and place specified herein. Dated: February 11, 19~4. BY ORDER OF THE SOUTROLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER 1TF23-4494 CHAIRMAN COUNTY OF SUFFOLK ) ) ss: ) SU A~ALLAN ~ of Greenport, in said County, being duly SWorn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~ rd- day of_Feb_rua_ry 19 8~4 Principal Clerk Sworn to before me this 2 3 rd day of~February 19~ NOTICE NOTICE IS I'I~REBY OlV- the Town Law and ihe'~Provi. sions of the Amended Code of the Towni'of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of. Appegls at the Town Hall, Main ~oad, Southold, NY on FRI~Y, MARCH 2, 1984, commei~cing at 7:30 o'clock p.m. mid as follows: 7:30 p.m. Recessed heal~ng of FRAN ' 1MO' and G EO R. O E.~..~]~j.Q/~,I:/_. Acces- ~{~ttage in f,uulyard ~t. ~ Stars Road, East Mar~on, NY. 7:~S,'~n.. ~ppli~tion for HENRY AND DOROTHY ST. GEORGE. by hying L. Price, Jr., Esq., 828 F~!~eet, to the Zoning ~anoc, Article HI, Seet~ 10~1 and 100-32 for perndaaion ~ ~- acces~;gatags building in the h~yard area at promises: 300 Marion Place, East Mar- ion, NY; 'County Tax Map ~_p.m. Application fo; Vlattituck, My ~.. ,i,, oox 38, -,- ,ur a Variance for approval of access, New ~_or?. ~'o_w? aw, ~'ticle ~6, to the "/' and Variance z, omng Ordinance lrtiele Ill, Section 100-31 fo; approval of insufficient area of one parcel in this proposed two-lot division located on a t private right-of, way off the ]north side of Oregon Road A~ /Cutcbogue, NY; County Tax [Map Parcel No. 1000-83 % 8:20 ,, m - -2-4.~ ~ ..... l-, ' application fo} ~ bv f'- t' ' , zv~attttuci, ratio.~ ."'~, Horton for a ~,-,ce to the Zoning Ordin. ante, Aztic/e III, Section 100- 31 for permission ~7r~4 to relocate a nonconforming one - family dwelling which was the sub/oct of Appeal No. 3197, condition. laigl~appr°ved on January 25 -- :,os, at Promises located o~ the west side of Westphalia Road and the north side of ~016' C.R. 48, Mattituck, NY; Coun. }IAI ON] ty Tax Map Parcel No. 1000. 141-02-21.1. For information concerning the above matters, please ~ti~ contact Linda Kowaiski at the _T_oO~ ce of the BOard of Appeals wa Hail; Southold, NY; tel' 765-1809 or 1802. Those per~ sons having an interest in the above matters may appear at the time and place specified ..... revrnary I1, 19g41 . RY ORDER OF THE \ Z°__ r OLV / ~.'~iiD OF APPEALS GERARD p. GOEHR1NGER, CHAIRMAN' 1 T-2/23/84(3) 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 Southoid, in, Suffolk County; and that the notice of which the annexed Js a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ! .................... weeks successively, commencing on the .................................... day of ~..~..~.~ ...... .~ ....... , 19.i~ Sworn to before me this .......... ,.~....~,..,'~.. ........ day of .......... .............. . ,,.....r..? CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Residing in Suffolk C0uniy ~.~. Commission Expires March 30, 19,.~IZ N ii)Ri( STATE DEPARTMENT OF E NVIRONME NTA L CONelATION PERMIT PERMIT NO. 0-83-01 5 UNDER THE ENVIRON NTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ~ ARTICLE 25, (Tidal Wetlands) [~ ARTICLE 24, (Freshwater Wetlands) L-J ARTICLE 36, (Construction in Flood Hazard Areas) ISSUED TO of DANIEL SHELLEY Main Road, Cutchogue, N. Y. 11935 Section of stream, tidal wetland, dam, building) ms Road, Long Island Sound, Cutchogue, Town of Southold, Suffolk PROJECT Subdivide 3.872 acres into two building parcels (Lot #1 with an of 1.766 acres and Lot #2 with an area of 2.106 acres). (City~ Town, Village) J TOWN Cutchogue Southold GENERAL CONDITIONS PERMIT EXPIRATION DATE 613ol8 . The permittee shall file in the office of lhe appropriate Regional Administrator, a notice of intention to commence work at least 48 Iff advance of the time of commencement and shall also notify him in writin$ of the completion of the work. work shall be subject 1o inspection by an authorized of the Department of Environmental Conservation who may suspended if the public interest so requires. of the issuance of this permil, the applicant has ac- !lbo execution of the applicalion, the full legal respon- direct or indirect, of whalever nature, and by whom- arJ$i~ out of the ~rojecl described herein and has agreed lo ~ save harmless the State from suits, actions, damages and ~tal~e and description resulting from the said project. A#y material dredged in the prosect~ion of the work herein permitted without leavinR large refuse piles, ridges across the 'lhe ~etway ~ flood plain or deep holes that may have a tendency to avllable channels or to the banks of the waterway. he deposited or dumped under this permit, either in a Ihote above hiRh.water mark, shall be deposiled or dumped on ~ drawing hereto attached, and, if so ~escribed ROOd and substantial bulkhead or bulkheads, such e o( the material into lhe walerway. no unreasonable interference wilh navigation by lhe Thai if future operations by the State of New York require an alteration I0 the free navigalion of said waters or flood flows or endanger or welfare of the people of lhe State, or loss or destruction the State, the owner may b~ ordered by lhe Depart- *emove o~ oiler fhe struclural work, obstructions, or hazards caused exptqlse to the State; and if, upon the expiration or revocation the structure, fill, excavation, or other modification of the authorized shall not be completed, the owners shall, tOlhe State, and to such extent and in such time and manner of Environmental Conservalion may require, remove all or the navigable and flood capacity of the watercourse. No claim shall l|nsf fhe State of New York on account of any such removal or 8. Thal the State of New York shall in no case be liable for any damage or iniury to Ihe struclure or work herein authorized which may he caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and siBnals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under Ibis permit shall be performed in actor* dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 74 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be lust and equitable, tf upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shaH, without expense to the State, and to such extent and Jn such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site Io ils former condifion. No claim shall be made aRalnst the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying fo the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rishts, title or interest in real or personal proporfy held or vested in a person not a party lo the permit. 13. The permiltee ~s responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this pormit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding, 15. By acceptance of this permit the pormittee agrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. (SEE REVERSE SIDE) 1. Applica~ will not require a tidal~etlands permit for any activity landward of the 20' contour. 2. Applicant will require a NYS DEC permit for any activity seaward of 20' contour. A through J and K - P attached. DJL:cg c.c. File attachments ISUE DATE 13, 1983 JPERMIT ADMINISTRATOR J'~'~ . f? ~ 1 ADDRESS Daniel J. Lar%~,~%,~.~!;: . ~..~.,/~/.~. IBldg.~O,SU~, Stony Brook,~. ~, (~ARY FLANNER OLSEN COUNSELLOR AT LAW Novwrnber 1,71983 Re: Daniel Shelley Minor Sub-Division File #3330 Gentlemen: Pursuant to your request, I am enclosing herewith, a copy of the DEC Approval concerning this proposed sub-division. Also enclosed, please find a copy of Mr. Shelley.'s Deed setting forth the_ right;of_-way as you request. ~ am waiting zor the new surve,y ~rom ¥o%m-g ~ Young. Very truly yo/s, GFO/emj Enclosure Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 CC: Daniel C. Shelley P.O. Box 753 Cutchogue, NY 11935 3j tnturt, ~/ty four w~ £e Russell H. Eooro. aud liebert ?. 'ooro, a~! af ~vorheau, 1Vth day ot l,:ov(:m,)e r ,~e~een/~dee4 and '~,~w York, Daniel C. Shelley, a:ul vathaPine ;' S]l¢-~l.!c~]r, of 1908 hewkirk ~¥er, ue, Brook'~yn 26, !!er; bT tho enttret]r, his wife, as tenants luw~ui money of the United States, alid Ten nI~ vallu'ble consideration d~ hereby grant and release unto the part i o 3 ol the second pert, the Ii" di strlb atoo s .~ sss/g"' fe~e~ez, '~ that captain plot, piece or ~arcel o[' land slt~c:;e,.lylns mid being at Cutchogue, Town of 5outhold, Suffolk County, t',eW York, bo~ded and described as fol].ov~$: side *' . . - . :uldin,: with the northwesterly side DeGinnlnS at ..ne point of ~n.,{rsoctton of the southwosterlT of land now or fo~:erly of . - - P ~- ~. of land nov: or fo~morlu oF ,lonn ,~,,,,,, ...... , .... , , · '-' northwesterly stue of lm~d ~) ..... _. ~stc[,1,~ t;ide of land now or fo~- 43°45~ West 374.57 feet to ~%e nor~,~e ~ , ' morl~' of Jack ~ondon; running, thence alone said land ~orth 44°11~'Wost 566.15 feat more or less to bon.j ]..,la,~d Soune; r~nlng thence Long Island So~d, l[orth V4°37'10" ~'~ st 412.61 feet more or less to ~snd now or fo~erly of A. P. Dsu~dln~; p~mntng thence alon~ said land South 46°~5~ East 364.08 feet more or less to the point or beginning. . Onof °loeeq, oqetlinr ~.'tth, and subjof~ to, ~ 16-Coot ~.i-:lit of w~y %n eo~ -,--~' , s 'b rlv end et' s~lu :.,md. sos, so t~ o~:ner of lands west of John Lln~Jssy a distance of 510. foot; t]~ol,co Cr~du~lly narrow~ up to 10 feet in width alon~ th,' e?st line of la,:ds of John and acjoi~ng a lO foot rljl~t of v.~: fo~m,:rlT of Jo~ Lindsay south to the vain or l~oPth Road. have To'~et!~er vdth any ~j,ts tlo l~:,rtfor of the first part ma~ in a ri tit of way asree~cn, .r. de t,-tv;eon Jo]in Z~losPt and wife and , 8799 575 John Lindsay and wife i~y agree~ent doted January 50, 1928, reco~-ded Litter 1174 co 557., Together witi~ all the ~i[~hts of the ?nrties of the first part of, In and to the waters and lan¢',s under woter of Long Island Sound lylnG ~n front of and ~(]jo~nin~3 said premises. Bein~ and intended to be that part of the premises described the deed of~-John Z~oski and ~'i£e to ~'innte L. Conklin dated Apr~.l 6, 19'.~6, r~co~d~,d Li~e~~ llV4 ~:~ ~.55, w~th tho exception of tho parcels convey,~(~ by J(hn [~nf;slu~%: and others to Paulding in Januory 1'~45, an~ the p[l'cels conveyed by Jo~ Bagnhaw and ot):ers about 19bl to llademacher (no~¥ of Jack Londo~),. subject to a pul'chase mone?.' ]~.ol. tj~{g~ this date jiven by the parties of tl',c second t0al-t tc the p~:l'tfes of the first ~ , to Said l . t~euid part;cs of that t he y ha Ye not done or auffered anything whereby the aald prelll~ea b~e been in any wa~ whatever. Tlee grantor, in compliance with Section 13 o[ the Lien Law, covenanta that tile groator will receive the comlderation for this conveyance and will hold the rt~ht to r~eive ~ch co~der~on u a t~ I~ to ~ applied ~rst/or the pur~e ot paying the cost o~ the Jmprove~at a~ t~ ~e gr4~ ~lll ap~ t~ ~ ~rst to the ~yment of the cost of t~e Jmp~vement be[ore uM~ any ~ o~ t~ total ~ t~ ~ for any other put.se. the part ~ e~ of the first part haVO and seals the day and year first above w[itten. hereunto set thoir nineteen hundred and f! Fty foul- ~att Df (:;ount~ ut heirore me came Frederlek .Oettn~r, ~.:,: ' ~:'?' [. Dcttner, bis wife, ~ me k~w~ led k~ow~ to me to be the Jndividua~ described in, add w~o ezecut~, the [otegoilg ~ment, a~ ack~ledged to me that ~ he ~' ezecuted the sa~ On the day of nineteen hundred and betore me came the ~ub~efll~ng ~n. did de.se and sa7 that he resides in t~t I~ k~ws e~ ~ ~; ~ t~t he. said witne~, at t~ Mine ti~ subscrl~ ~ ~ ~ w~n~ t~ RECORDED NOV 2 9 1954 WILLIAM t,.I. FRY GARY Flanner OLSEN COUNSELLOR At LAW P. O. BOX 38 · MAIN ROAD , MATTITUCK, LONG ISLAND, NEW YORK 1195~ . RHONE 516 298-4844 January 3, 1984 Dear Linda: Re: Dan Shelley-Subdivision File #3330 Please be advised that I have ordered the requested surve~w~rk from Young and YOung and will forward same when received.// ?/ Very try y ~// ~ARY ~LANNER O~ GFO :mew Southo]d Town Zoning Board of Appeals Main Road Southold, NY 11971 Attention: Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI]AD- BTATE: ROAD 2.5 SI]UTHOLD, L.I., N.Y. 1'19'7~1 TELEPHONE (516) 765-1809 Dece~er 29, 1983 Gary Flanner Olsen, Esq. Main Road P.O. Box 38 Mattituck, NY 11952 Re: Appeal No. 3170 - Daniel Shelley Dear Mr. Olsen: This is just a reminder that the above application will be considered complete upon receipt of the requested map depicting the legal and improved widths of the subject right-of-way from Oregon Road. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 September 21, 1983 TELEPHONE 765- 1938 Mr. Gary Flanner Olsen Counsellor at Law Main Road Mattituck, New York 11952 Re: Daniel C. Shelley Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, September 19, 1983. RESOLVED that the Southold Town Planning Board approve the sketch map of Daniel C. Shelley, dated October 18, 1982 and amended May 23, 1983 subject to approval by the Zoning Board of Appeals and improvements to be made on the 25' wide right-of-way that falls within the jurisdiction of the Planning Board. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals/ Southold Town Board of Appeals MAIN ROAD- STAT£ RnAD 2..% SI"IUTHO!._D, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI September 7, 1983 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 3170 - Daniel Shelley Dear Mr. Olsen: Please be advised that the following action was taken at a Regular Meeting of the board held Wednesday, August 31, 1983 in reviewing the above application also filed on August 31, 1983: RESOLVED, that Appeal No. 3170, application for DANIEL SHELLEY, be and hereby is held in abeyance pending receipt of ~-~e following: ~%~%% (a) D.E.C. approval concerning this proposed division of land; (b) Planning Board comments, recommendations or approval concerning this proposed division of land; (c) map of the entire right-of-way in question showing the legal and improved width and lengths from Oregon Road to proposed Lot #2; (d) copy of deed indicating the uses of the rights-of-way in question. Yours_very truly, ~ , lk /f GERARD P. GOEHRINGER/ cc: Planning Board / CHAIRMAN ~/ HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 June 22, 1983 Mr. Gary Flanner Olsen Counsellor at Law P.O. Box 38 Mattituck, New York 11952 Re: Daniel C. Shelley File #3330 Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, June 20, 1983. RESOLVED that the Southold Town Planning Board hold in abeyance the subdivision application of Daniel C. Shelley until the Zon- ing Board of Appeals takes action with regard to 280-a access approval and approval for the undersized lot. Confirmation and procedure for application to the Zoning Board of Appeals with regard to the above may be obtained by contact- ing the Building Department. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD CC: By Susan E. Long, Zoning Board of Appeals~~J Building Department Secretary LOC&TION I'~ = '20001 I. THIS M4M PREPARED Fi~OAt SLIF~VEY OF 1957 3. $U~ cO. Tax MbP O~ -O~-OP -004 4. ~CHOOL Ol~ NO. 9 EXI3'FH, IG I~' R~GI4T Of WAY I DATE : SCALE: ROAD MINOR SUBDIVISION PREPARED FOR: AT CUTCHOGU£ TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ UNAUTHORIZED ALTERATION OR AOOITION TO THIS SURVEY I$ A VICLATION OF SECTION 7209 OFTHE NEW YORK STATE EDUCATION LAW. M4Y p. 3, OCI. /~, "-- I00' 595 . 400 OSTRANDER AVENUE ,tllJJ- 1 YOUNG e, YOUNG ..VER.E,,O..E., YORK ...,v ~'. II & · I ~OWA~D ~. ~OU~,. LA~D JUDITH T. TERRY TOWN CLERK REGISTRAROI VITAl. SIX,[[SIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 August 31, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Sonthold Town Clerk Transmitted herewith is Zoning Appeal No. 3170 application of Daniel Shelley 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 Cle~ek MR. CH^IRM^N {60EHRINGER): We have a copy of the Suffolk County Ta× Map and a copy of the map amended October 18, 1982 indicating the right-of-way of some 3,078.08 feet to a jog in the road of appro×imately 100 feet to the subject premises. Lot No. 1 of the area of 1.766 acres and Lot No. 2, 2.106 acres. Mr. Olsen, would you like to be heard in behalf of this application? GARY FLANNER OLSEN, ESQ.: Yes, for the record, my name is Gary Olsen, an attorney having offices at Main Road, Mattituck. I'm representing the Estate of Daniel Shelley. In taking the average of the north line and the south line of Parcel #1 and multiplying it by the average of the easterly and westerly sides of Parcel #1, it appears t~t the Parcel #1 has an.area of about 83,000 square feet. In doing ~he same type of mathmat~cal computation on Lot #2, the area is about 98,000 square feet. So it would appear that these parcels do meet the town requirements as far as area. If you take a look at the tax map, you can see that the surrounding parcels in the area would be generally the same size and shape as the parcels to be created. Simultaneously with this applica- tion, I have an application pending before the Southold Town Planning Board. Also, I sent your office a copy of the decision that was granted to a Murray Klapper, or Constance Klapper, or owns property to the east that contains access to her property over the same right-of-way and an access variance to Section 280-A of the Town Law was granted, Appeal No. 2232 back on December 6, 1976. Also there is a letter from Howard Terry dated June 14, 1977, who was then the Building Inspector of the Town of Southold who indicated that the road meets the requirements set by the Board of Appeals for access to private dwellings and meets the intent of Section 280A of the Town Law. Also, I do have, I've submitted an application to the Department of Environmental Conservation and have a favorable decision and permit, Permit No. 10-83-0145, approving the subdivision. As I indicated in the application, this is a waterfront piece of property. The house that's presently on the property has been there for a long time. I believe RECEIVED '/~UG ',~ ', 1~8~ TOWN OF SOUTHOLD, NEW YORK low. {;I~P~'~i:FROM DECISION OF BUILDING INSPECTOR DATE ../~.U,~U.$.t,...~. 0....1.9.8 3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....}~.a,~ J.e J...She }, JLey. ............................... of ........ ~l~J, rl..R~d .................................................. Name of Appella,nt Street and Number ...................... ~oui~ho],d ......................................................... ~iew..XI3r. k....':....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO (X) (X) (X) ............ Dani.el..She lle~..] ...................................... Name of Applicant for permit of ....... N~.R~.c~ ........................................ £u.trh~ .......................... ~ew..X~rk... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY ........ .O.t~.gQQ J~p.(t.d., .~.u..t..qh..g.g..u..e.,....N.y. ....................................... Street Use District on Zoning Map Mop 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 not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 (kF)~X(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was (X) request for a special permit (X) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ~, ( ) is requested for the reason that Applicant seeks to sub-divis 3.872 acres into two parcels as sho~n on the survey of Young & Young, dated October 18, 1982, and also seeks Approval of Access over a right-of-way from Oregon Road to subject premises. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant seeks to sub-divis 3.872 acres into two parcels as fo] lows: Lot #1 - area of 1.766 acres and Lot #2 - area of 2.106 acres. Said parce]s would be in general conformity with the other parcels in the neigh- borhood and ~stmeet the present recent two-acre zoning requirements. Located on the subject premises is the applicant's house, which is not tentered in the property but rather is located far to the East. The proposed division line between parcels #1 and #2 would result in the house being fairly centered on Lot #1. To refuse the Variance to divideproperty would mean that the Westerly portion, thereof, would not be suitable for building a home. This property is unique in that it is waterfront and it would be a great economic hardship and practically difficult not to permit the creation of a new parcel, which would have an area of 2.106 acres. Also, access to the subject premises is over a right-of-way and applicant seeks approval of same under Section 280A of the Town Law. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because Applicant has almost four acres of property and the Area Variance sought is only a slight deviation from the new two-acre zoning requirements. Due to the fact that access to the subject premises is obtained over a right-of-way, an Access Variance is also required. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two parcels to be created would be generaty in keeping with the size and and character of the present zoning requirements and other parcels in the community and the geneera! character of the neighborhood would not be changed. STATE OF NEW YORK ) ) ss ;........'::L'.i.. COUNTY OF SUFFOLK ) Sworn to this /J day of ........... ~gL~t, ............................... 1983 RUTH ~'~IGEL NOtaRY PUBLIC. State of New Yod~ · u~,HIB645, Suffolk County le~n~ £~pires March 301 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of DANIEL SHELLEY to the Board of Appeals of the Town of Southold TO: Murray and Constance Klapper Mrs. & Mrs. John Connolly LlndaDambassis Frank P. Olivetto Mr. & Mrs. John Zuhoski Richard L. Hammel YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 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) (Othe:) [¢±:¢1e oho.toe] 2. Thatthe property whichisthesubiectofthe Petitionislocated adiacentto your property andisdes- cribed ~ follows: North by Long Island Sound; East by Murray and Constance Klapper~ Mr. and Mrs. John Connoll¥, Linda Dambassis, Frank P. 01ivetto; South by Mr. and Mrs. John Zuhoski; West by Richard L. Hammel 3. Thatthe property whichisthesubject ofsuch Petitionislocatedinthefollowingzoningdistrict: Agricu]turaI-Restdenta] 4. That by such Petition, the undersigned willrequestthefollowingrelief: ~ Access Variance under Section 280A under the Town Law and Ar~a Variance, $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- si~ned are A~t-tcle 100-31 and ~BJlk 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 ma), 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.~ on the matter by the Board of Appeals; that ~a, notice of such hearing must be published at least fi~ e'days j6rior to the date of such hearing in the Suffolk T~mes and in the Long Island Traveler-Mattituck Wa, t~ ~man~ewspapers published in the Town of Southold and designated for the publication of such notices; th~f y )u or/your representative have the right t° appear and be heard at such hearing' //~~~ Dated: A',,oH~i- lS,~ IqRR . ' ,f Ga'r~-~lanne ~sen, ~sq. Petitioner Post Office Address P.O. Box 38 Main Road Matt!t,~ck. NV ~agP NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Murray and Constance Klapper Mr. and Mrs. John Connolly Linda Dambassis Frank P. Olivetto Mr:] and Mrs. John Zuhoski Richard L. Hammel Box 291, Cutchogue, NY 11935 Box 590 E. Hulse Avenue, Wading River, NY 11792 20 Sutton Place, New York, New York, 10022 1239 Route 25A, Stony Brook, New York 11790 Cutchogue, New York, (North Road) Laurel, New York 11948 (N. Oak Road) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) EleanOr Jones ~ residing at (no #) Cardina! i Drive, MattJtuck~ New YOrk , being duly sworn, deposes and says that On the 1Ri-h day of Au.qust, , 19 83 , deponent mailed a true copy of the Notice set for~th 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, New York (certified) (registe~ Sworn to before/ne t~ / day of Auc~"~" / /'~83_ / //Notary/ // Ou~f~ ; that said Notices were mailed to each of said persons by Eleanor Jones 0 O 0 0 0 0 SHORT ENVIROh~4ENTAL ASSESS~ENT INSTRUCTIONS: (a) In order to answer the questions in this short gAF ia is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action· It is not ex-oected that additional studies~ re·earth or other investigations will be undertaken.' (b) If any question has been answered Yes the pro3ect may be significant and a completed EnviroNmental Assessment Form is necessary. (c) If all questions have been answered No it is likely tbmt this pro3ect is not significant, (d) Enviror_mental Assessment Will project result in a large physical c~mnge to the project site or physically alter more than l0 acres of land? · ...... o . Will there be a major change to any unique or unusual land form found on the site? e &. 5. 6. 7. 8. 10. 11. 12. Will project alter or have a large effect on an existing body of water? . , . · · Will project have a potentially large impac~ on groundwater quality? · · · · · . Will project significantly effect drainage flow on adjacent sites? · · . . o . . Will project affect any threatened or endangered plant or animal species? . . . . . . Will project result in a major adverse effect on air quality? · · , , , , Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . 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? . . . Will project have a major effect on existing or future recreational opportunities? . . . WJ]i project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 13. Will project have any impact on public health or safety? 1S. Will project Affect directly causing a tion of more than period or have a charact~-~ of the~o~ 15. Is there publi.c/~on~r~ REPRESE~;TING: ~elley ~sting community by ~n permanent poputa- over a one-year ~tive ~ffect on the ~igh/rhood?.. ~~_r nce rs jeer? Olsen, Esq. ~ITLE: DATE: Yes ~ No Yes X No Yes X No X Yes No X Yes No Yea X No Yes X No X Yes No Yes ~ No Yes ~ No Yes X No Yes X No Yes X No Yes X No Yes X No August 15, 1983 (~ARY FLANNER OLSEN COUNSELLOR AT LAW August 15, 1983 Re: Daniel Shelley Minor-Subdivision Fi]e #3330 Dear Mr. Fisher: Pursuant to our conversation of this afternoon, I am enclosing, herewith, a Variance Applicat~. and my attorney's check in the sum of $25.00, which I request that you deliver to the~ing Board to be placed on its calendar, after you have is~l~ed a~ Notice of Disapproval. RY FLANNERC0LSEN ~, GFO/emj Enclosures George Fisher, Building Inspector Town Hail Southoid, NY 11971 I will send additional survey prints which have been ordered from Young & Young in a few days. souND