The URL can be used to link to this page

Home My WebLink About2958 Southold Town Board of Appeals MAIN El'lAD- STATE Er'lAD ~5 SI:iUTHFILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2958 Application 'Dated March 4, 1982 TO: Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May 7, 1982 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 I , Section 100-12 Request for Public Hearing held May 7, 1982: Application of Grace Golden and ano., by Richard F. Lark, Esq., Main Road, Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article I, Section 100-12 for permis- sion to change center lot line between Subdivision Lots 170 and 206, "Amended Map A of Nassau Point" Subdivision, Filed Map No. 156; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30. The board made the following findings and determination: By this appeal, appellant requests permission to change the center lot line dividing Lots 170 and 206 of Subdivision entitled, "Amended Map A of Nassau Point," Cutchogue, New York, thereby reducing the lot area for Lot 170 by 2,000 square feet and increasing the lot area for Lot 206 by 2,000 square feet. The change proposed would allow more rearyard area at the rear of the existing 1½-story house and garage on Lot 206 and Lot 170 will be retaining a reasonable rearyard area. The total lot area for Lot 206 will be 28,000 square feet and Lot 170 28,375 square feet. At a Regular Meeting held April 26, 1982, the Planning Board granted a set-off pursuant to Section 106-13 of the Code. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2958, application of Grace Golden for permission to change the center lot line between subdivision Lots 170 and 206, Amended Map A of Nassau Point, Filed Map No. 156, be and hereby is APPROVED AS APPLIED FOR. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) DATED: May 14, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD RECEIVED AND FILED BY TIlE SOUTilOLD TO~VN CLERK ~k, To~~d~'~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TELEPHONE (516) 765-1,309 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the f~ll~wing matters will be scheduled for public hearings in addition to those previously scheduled to be held on Friday, __Ma~ 7.~ 1982 at the time specified below, at the Southold Town Hall, Main Road, Southold, NY: 8:00 p.m. Application of Hubert K. and Catherine P. Harren, Sound View Avenue, Mattituck, NY (by A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two parcels near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 and 6; bounded north by Ahern and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by Saltaire Way. t 8:10 p.m. Application of Grac_____~e Gotde~n and ano., ~y Richard k, Esq., Main Ro~d, Box 973, Cutchogue, NY for a Variance to Zoning Ordinance, ~rticle I, Section 100-12 for permission to change center lot line between Subdivision Lots 170 and 206, "Amended Map A of Nassau Point" Subdivision, Filed Map No. 156; further identified as County Tax Map Parcels No. 1000-111-4-29 and 30. Dated: April 24, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary ..................................................................... X Instructions to newspapers: Please publish Thursday, April 29, 1982 and forward one affida92~t of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before May 5, 1982. Copies mailed on 4/27/82 to the following: ~ L.I. Traveler-Watchman (hand delivered) Suffolk Times, Inc. (hand given to Jeff Miller) Abigail A. Wickham, Esq. as attorney for M/M Harren Ric'hard F. Lark, Esq. as attorney for Mrs. Golden and others FORM NO, 3 TOWN OF SoUTHOLD BUILDING DEPARTMENT ToWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ............. /- ............. 19 ..... ......................... / ~ 19 PLEASE TAKE NOTICE that your application dated ..................... ' ' ~itt _o~__-?~ t...~....~...'~... ,~...~..~..-57.= ...... = ........ .~.....~ .... . ~ ~,~,,/~.,.~ ~g,,.a'- z,-'a .....g~..-"..-ft.~...."z'm--. ~t,o,,o,X',o,,,r,y ~,~..a..$O ...... ~ .......... ~,~..: .......... ,,,,,,,., co,.,~ty'ra,, ~ap No. ~000 Se~tio,, ..... ./.( .I. .... mo~, ..... .~. ...... ~t '-~ 0 ,~ /3"f-' Lot No. /7 ~0 Suhdivisio /Of- Filed Map No .......................... '" ....... ...g;l_,_,_,_/~z.....~.....,f~.... q!.:....n,g~/...~.v:~': :L. ............. 5/' '- ...... /' .... ~' ...... ,evz..:..":'.==~,: ................. ~.~'"~ ................ ,." ~ , · ,- .................... ~.~.' ........... ~ ................. . ...... ....... ~."76....,:~.'/..~ RV 1/80 EXHIBIT TOWN OF SOUTHOLD, NEW YORK APPEALFROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number .~..~.~.~.~.~..~.e..s.~..~...:~..~...a..t:~.~.c.~.~..R~..~..~.~.~..A~...t~...~..~.~..~..~.~ t4¥..~,1.9.5..2. ................ HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...,F..~?..~..u...a~..~....2..2.~....l..9.~2. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Gz~.¢e Golden & Aha .. ......................................... Name of Applicant for permit of .................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X ) ~'i:L-%MZ~,ZQ~ TO C~NG~ b~£ LIN~: ~o~ ~o. '170 i :/Ob OL~ -A~' agrioul[ur&~ and aesl- ]. LOCATION OF THE PROPERTY ...... Street Use ~strict on Zoning Mop Suffo].~ Count. y Tax I¢~[= No. 1000-111-4-2g & 30 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.) Article I, %100-12 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. 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 ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) (X) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Permission ~o change roar 1o~ line of Lot~ 170 and 2~ a8 ~hown on "~ed ~ T=~ oE ~ut~[d, ~ Is~na", s~eyed J~e 28, 1922 by O[~ W. V~ Tuyl, C.~. and ~ve~r, Green~rt, hew York, *~ fll~ in ~ Office of ~e ~er~ of ~uffolk is re,Auo$=ed for ~he rea~on tha~: Petitioners de~ire ~o ahai~ge =he rear loc line in order ~hat a eui~ble ao¢oss m~y b~ ~rovlde~ ~o ~ g&rage on ~ot 206. Fo~m ZB! (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because~t~ Lots No. 170 and 206 w~re o~ne6 ~ your PetJ. ti0n~s' mo~e~, ~y ~e nXnce 1937. A~ ~ ~'o~ ~ ~X~ ~on o~ ~o~, ~ Pe~t~onezs rece~ve~ t~le ~o ~ ~o. ~70 on Augu~ 5, ~96~, ~d Pe~on~, Gzace ;ece~ved ~tLe ~ ~t ~, 20~ on Nov~ 2~, 1966. The ~uBe on ~t 14o, ~70 ~ bu~ ~t~e on ~t No. 206 ~s cons~uc~ ~n ~e e~ly 1940'~ by PenSioners' ~a~ w*s origl~lly ~e4 as a g~ige a~ acces~y building. ~cause ~ ~o~ties were ~n~ ~ ~e s~e f~ly i~ was ~asier ~ ~l~ an au~bile in~ t~ g~a~e on ~ ~o. 2~ by ~ivi~ ~ough ~ ~. 170. Yo~ ~tl~loners ~e desirous of s~l~ng ~t NO. 170 a~ in order ~ ~ ~ ~ve ~ re- ,ye ~e ~riveway on ~ re*z ~,~on of ~ ~o. 170. T~s i~ no~ ~e~s~le for g~age selling lo= ~. 170 ~e~l they r~ ~se ~iona of the ~lve~ in ~e re~ y~d area of ~ ~o. 170 ~ lead~ ~ ~e g~age on ~ ~. The ~ea r~nts for the lo~s on Nassau ~lnt ~e except~ fr~ t~ ~res~ Zo~ng ~din~nce p~s~nt ~ 8100-12. The rear y~d ~ea of ~t No. 206 will ~ ~creas~ 20 fe~ ~ 40 f~ wi~u~ diet,bin9 ~e re~ y~d ~ of ~ ~. 170 ~lch will ~ 103 fee~. S~ce the d~ll~ng~ ~re already ~ns~t~, ~ere will ~ ~o C~ga in front y~d or side y~ds. The c~e will l~e ~e ~ea of ~u ~o. 206 ~r~ 26,00u s~e feet ~ 28,0~ sq~e fee~ and decrease ~e ~e* o[ ~t NO. 170 from 30,375 fee= ~ 2~, 375 sQ~e f~ thisbe, ~st e~uall~ng ~e ~ea of ~e two lots. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate the one ami one half vicinity of this property and in this use district because . - story s~ructore on Lot No. 206 was or~ginally built by Petttioner~' father ~o be used as a garage and accessory building, and was renovated into living ~uart~rs about 1954. Bo~h structures were used by ~hs same f%m!ly even thougk ~hsy were on diffsrsi~t lots with t~e princii~al access ~hrough Lot ~o. 170. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~le res:Lclentisl ne~gb.,borboo~ was eet~bll~,hed & ~o~ ~e prior ~ ~e ~c~nt of ~e pre~ent ~onl~ ~dl~nce ~d is excepted fr~ ~ea resultants of ~e Zoni~ ~p. ~lt of tho exist~g b~ldin9 lots on ~assau Poin~ are ~n-confo~g in ~e res~ec~ ~d~ s~rds. The density ~ v~l~cu~r ~affic will ~t ~en used as sinqle f~lly dwellings ~d will con=in~ ~ ~ ua~ as such. STATE OF NEW YORK COUNTY OF SUFFO~ SS Sworn to this 3fa day of .................. ..A~..~ ............................ 19~s2 p j~ $outhold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 14, 1982 Richard Y. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 2958 - Grace Golden Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary $oUthold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. OOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 12, 1982 Richard F. Lark, Esq. Main Road, Box 973 Cutchogue, NY 11935 Re: Appeal No. 2958 Application of Grace Golden Dear Mr. Lark: This letter will confirm that the following action was taken at a Regular Meeting of the board held last Friday, May 7, 1982 concerning the above appeal: RESOLVED, that Appeal No. 2958, application of Grace Golden for permission to change the center lot line between Subdivision Lots 170 and 206, Amended Map A of Nassau Point, Filed Map No. 156, be and hereby is approved as applied for. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. Yours very truly, 0 P Y CC: GERARD P. GOEHRINGER CHAIRMAN Building Department By Linda F. Kowalski Planning Board Secretary L. OT l-Fl '/ HENRY E. RAYNOR. ,Ir.. Chairman JAMES WALL BENNETT ORLOWSKI, ,Ir. GEORGE RITCHIE LATHAM, ,Ir, William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 April 28, 1982 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Grace Golden Dear Mr. Lark: At a regular meeting 6f the Southold Town Planning Board, Monday, April 26, the following action was taken: RESOLVED that the Southold Town Planning Board grant a set-off (106-13) as designated on the map entitled Grace Golden, located at Nassau Point, dated February 12, 1982, subject to the applicant receiving approval from the Zoning Board of Appeals and receipt of six (6) copies of the final map within six (6) months from date of resolution. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Board of Appeals/ By Susan E. Long, Secretary LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, . the following matters will be scheduled for public hearings in addition to those previously scheduled to be held on Friday, May 7, 1982 at the time specified below, at the Southold Town Hall, Main Road, Southold, NY: B:00 p.m. Application of Hubert K. and Catherine P. Harren. Sound View Avenue, Mattituck, NY (by Wickham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section" 100-31 for approval of insufficient area of two parcels near Saltaire Estates Subdivision and more specifically identified as County Tax Map Parcels No. 1000-100-1-20 and 6; bounded north by Ahem and Dormer; west by Reeve Road; south by Hallinan and Wowak; east by ~,~,altaire Way. - ~1~0:10 p.m. Application of~'~ Grace Golden and ano., by~ Richard F. Lark, Esq., Main~ Road, Box 973, Cutchogue, NY for a Variance to the Zoning Ordinance, Article I, Section 100-12 for permission to change center lot line between,, ,S, ubdivlsion Lots 170 and 206,~,. Am,e,,nded Map A of Nassau~ Point Subdivision, Filed Map~ No. 156; further identified as County Tax Map Parcels No. 1000-111+29 and 30. Dated: April 24, 1982. BYORDER OF' rI-l~ SOUTHOLD TOWN BOARD OF' tPPEtLS GEmtRD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary [ COUNTY OF SUFFOLK, STATE OF NEW YOR~, } ss: ...... Tray..~us.taYmom .............. being duly Sworn, says that . .h.~ .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in eech week, for . . .011.e. ................... weeks suceessivel¥ commencing on the .... .2~.~..h. ................ April __.__..~8~ day of ............. ~.~. ......... (-,m.%J:: .................. Sworn to before me this . .~.~.h. day of .. .i.p.r.i.l. ....... HELEN K DE V0E NOTARY PUBLIC, State of New Yor~ No. 4707878, Suffolk Te~m Expires March 30, COUNTY OF SUFFOLK SS: STATE OF NEW YORK NOTICE 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, the following matters will be scheduled for public hearings in addition to those previously scheduled to be held on Friday, May 7, 1982, at the time specified below, at the Southold Town Hall, Main -~ Road, Southold, N.Y.: ' ~:00 .m. Application at [-lu~{'t ~. ai~d Catherine P. Harren, Sound View Avenue, Mattituck, N.Y. (by A. Wick- ham, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two parcels near Saltaire Estates Subdivision and more seecifi- cally identified as County Tax Map Parcels No. 1000-100-1- 20 and 6; bounded nwOertsht ~Y Ahem and Dormer; e y Reeve Road; south by Hallinan and Wowak; east by Sa tair~, ,~8:10 'p.m. Application ot~ ,~' Grace Golden and aha., b.y I· ~' Richard F. Lark, Esq., Main ~F · Road. Box 973, Cutchogue, · ~ N.Y. for a Variance to the ~j~ · Zoning Ordinance, Article. t, j~ · Section lOOd2 for permisswn · · to change cneter lot lin. e~ I J between .S, ubdivision Lots 170 · · and 206, 'Am,ended Map A of ~ · Nassau Point ' Subdivision, I · · Filed Map No. 156; further I X identified as County Tax Map ~ · Parcels No. 1000-111-4-29 and n~ Dated: April 24, 1982. I BY ORDER OF THE ~ SOUTHOLD TOWN,- BOARD OF APPEALS/' GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretar~ 1T-4/29/82(315) Palricia 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 ....... .~......C~.. .................. .......... Sworn to before me this ..................... : .......... day of .......... ....... , APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Southold Town Planning Board DATE: April 16, 1982 SUBJECT: Matters Tabled Pending Planning Board Comments / The following is a list, as of today's date, of the matters before the Board of Appeals which have been tabled pending review by and receipt from your board concerning the subject subdivisions and their proposed layouts: BOOS, NORMAN C. Appeal No. 2914 ~LDEN, Appeal No. 2958 GRACE HARREN, HUBERT Appeal No. 2945 KUJAWSKI, PETER Appeal No. 2946 MANOS, JAMES Appeal No. 2970 REEVES, GERTRUDE K. Appeal No. 2962 WILSBERG, ERNEST E. Appeal No. 2811 YOUNG, RAYMOND & JOAN Appeal No. 2964 Once you have determined that the layout of the subdivision appears satisfactory, please let us know as early as possible in order that we may arrange to schedule them for public hearings. Also, any time you may need information from our files, we will be glad to provide you with same. 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 SOUTHOLD, L.I., N.Y. llB?I TELEPHONE (516) 765-1809 March 22, 1982 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 2958 Grace Golden Dear Mr. Lark: Please be advised that the following action was taken at a regular meeting of the Board of Appeals held Friday, March 19, 1982 concerning this appeal: RESOLVED, to table Appeal No. 2958, matter of Grace Golden (by Richard F. Lark, Esq.) pending review and approval by the Southold Town Planning Board pursuant to the January 1, 1982 set of procedures of the town concern- ing all divisions. If you have any questions, please do not hesitate to call our office. Yours very truly, lfk GERARD P. GOEHRINGER IRMAN ~ · By Linda Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR Ol, VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 March 1982 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2958 for a variance by Grace Golden. Also included is survey of the property, Notice to Adjacent Property Owners, Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, and Notice of Disapproval from the Building Department. OTOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO.~. ~'-'j~ DATE March ~, 1982 Name of Appellon~ Street and Number THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Grace Golden & Ano Name of Applicant ~Cor permit of ...~ .°..s..t....O. ~ ~ ~ ~.e...~. g~..9..?.3..~...C..g.~.9.~...c~..g.~., ...N...e.~...~.9.~.~....~.~ ~. ~ .................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMISSION TO CHANGE LOT LINE LOts NO. 170 & 206 on "A" Agricultural and Resi- l. LOCATION OF THE PROPERTY !:Amended..M~D.A..o£.~assau..Roint:'. ...... den~ial..Dis~r£g~ Street Use District on Zoning Mop 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.) Article I, §100-12 3. TYPE OF APPEAL Appeal is made herewith for ( x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) (x) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Permission to change rear lot line of Lots 170 and 206 as shown on "Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc. situate in the Town of Southold, Long Island", surveyed June 28, 1922 by Otto W. Van Tuyl, C.E. and Surveyor, Greenport, New York, and filed in the Office of the Clerk of Suffolk County, New York August 16, 1922 as File No. 156 is requested for the reason that Petitioners desire to change the rear lot line in order that a suitable access may be provided to the garage on Lot 206. Fonn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because B~thLots No.~tT0 and 20~ were owned by your Petitioners' mother, Mary Boehle since 1937'. As a part>of the family distribution of the property, your Petitioners received title to Lot No. 170 on August 5, 1963, and Petitioner, Grace Golden received title to Lot No. 206 on November 25, 1966. The house on Lot No. 170 was built in approximately 1923 and was used for many years as the Boehle family's summer house. The structure on Lot No. 206 was constructed in the early 1940's by Petitioners' father and was originally used as a garage and accessory building. Because both properties were owned by the same family it was easier to drive an automobile into the garage on Lot No. 206 by driving through Lot NO. 170. Your Petitioners are desirous of selling Lot NO. 170 and in order to do so have to re- move the driveway on the rear portion of Lot No. 170. This is not feasible for garage access unless 20 feet is added to LOt No. 206 so that suff$cient maneuvering rQom is available. As seen from the survey attached hereto as Exhibit A the driveway ~ already in place on LOt No. 206 but there is not sufficient maneuvering room to gain suitable access to the garage itself. In addition Petitioners will have extreme difficulty in selling lot No. 170 unless they remove those portions of the driveway in the rear yard area of Lot No. 170 that leads to the garage on Lot No. 206. The area requirements for the lots on Nassau Point are excepted from the present Zoning Ordinance pursuant to §100-12. The rear yard area of Lot No. 206 will be increased from 20 feet to 40 feet without disturbing the rear yard area of Lot No. 170 which will be 103 feet. Since the dwellings were already constructed, there will be no change in the front yard or side yards. The change will increase the area of Lot No. 206 from 26,000 square feet to 28,000 square feet and decrease the area of Lot No. 170 from 30,375 square feet to 28.375 square feet thereby almost e~ualizin~ the area of the two lots. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the one and one-haZf story structure on Lot No. 206 was originally built by Petitioners' father to be used as a garage and accessory building, and was renovated into living quarters about 1954. Both structures were used by the same family even though they were on different lots with the principal access through Lot No. 170. 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the residential neighborhood was established a long time prior to the enactment of the present Zoning Ordinance of the Town of Southold and is excepted from area requirements of the Zoning Map. Most of the existing building lots on Nassau Point are non-conforming in some respect under the current zoning standards. The density and vehicular traffic will not be increased as both homes have been used as single family dwellings and will continue to be used as such. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Golde~/ George Henry Boehle Sworn to this ........... :~.~.~1, ............................. day of ................... March ........................... 19 82 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : GRACE GOLDEN and GEORGE HENRY BOEHLE : to the Board of Appeals of the Town of Southold : TO: Robert Hansen Stanley Gould South Harbor Road 200 Leslie Road Southold, NY 11971 Cutchoque, NY 11935 Harry Baqlivi & Wf Nassau Point Road Cutcho~ue, NY 11935 NOTICE Robert M. Kirsch 135 Station Road Somerville, NJ 08876 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) (:~:~l:~F:::~e~~~li~ (the following relief: ,permission to chanqe rea~ lot line between Lots 170 and 206 on "Amended Map A of Nassau Point" thereby increasinq area of Lot 206 and decreasin~ area of Lot 170 by 2,000 square feet. 2. That the property which is the subject of the Petition is located adjacent toyour property and is des- cribed ~ follows: North by Hansen and Gould; East by Nassau Point Road; South by Baqlivi and Kirsch; West by Wunneweta Road 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Aqricultural District 4. That by such Petition, the undersigned will request the following relief: permission to chanqe rear lot line between Lots 170 and 206 on "Amended Map A of Nassau Point" thereby increasinq area of Lot 206 and decreasinq area of Lot 170. by 2,000 square feet. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Aricle I, ~100-12 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. 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 notj~; that you or,.~r representative have the right to appear and be heard at such hearing. Dated: March ~ · [982 . x~et~:~o~e: Gra/ce ~den ~etitione~Geor~ Hen~ehle Post Office Address 6 Potter Lane, Levittown, New York 11756 Woodcliff Road, Mattituck, New York 11952 NAME PROOF OF MAILING OF NOTICE ADDRESS Robert Hansen South Harbor Road, Southold, New York 11971 Stanley Gould 200 Leslie Road, Cutchogue, New York 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~,, -- '~1, Cutchogue, New York ~ , Somerville, New Jersey ~ ~ ~ol SS.: 11935 08876 Barbara Diachun , residing at School House Road, Cutchogue, New York 11935 , being duly sworn, deposes and says that on the 4th day of March ., 19 82 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) (~:t~l:ex~ mail. Sworn to before me this 4th day of March / Notary Public Barbara Diachun BABETTE CORNINE ~'~ '~'-~ NOTARY PUBLIC, State of New York Suffolk County No. 52-5792800 ~' Commission Expires March 30, 19-~~ ~'''' TOWN OF SOUTHOLD SHOEI~BI'ENVIRONMENTAL ASSESSMENT INSTRUCTIONS: j": (a) In order to answer the questions in this short EAF It Is assumed that the preparer wiII use currentIy ava£IabIe information concerning the project and the likely impacts of the action. .it is not expected that addittona! studies, research or other investigations wil[ be undertaken. (b) [f any question has been answered Yes the pro3ect may be significant and a completed Environmental Assessment Form is necessary. (c) [fa[! questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Wit1 project result in a large physlcal change to the pro]ect site or physically after more than [0 acres of [and? .................. · ...... Yes× No 2. Wi[[ there be a major change to any unique or unusua! [and form found on the site? .......... Yes× No 3. Wi[[ pro3ect a[ter or have a large effect on existing body of water? ....................... Y~s× No 4. Wit! pro3ect hove a potentla[[y large impact on groundwater quality? ....................... Yes× No 5. Wi[[ project significantly e~fect drainage flow on adjacent sites? ........................ Yes× No 6. Wi[[ project affect any threatened or endangered plant or animal species? ........... Yes× No 7. Wi[[ project result in o ma[or adverse effect on air qua[ity? ............................... Yes× No 8. Will project have a major effect'on visual character of the community or scenic views or vistas known to be important to the community? Yes× No 9. Wit! project adversely impact any site or structure of historic, prehistoric or po[eonto[ogica[ importance or any site designated as a cr~tlca[ envlronmental area by a oco[ age.cy?..mZ:Z --' ' · p oject have a ' es× No or future recreational opportunities? ......... Yes× No [[. Wi[[ pro3ect result in ma[or traffic problems or cause o ma]or effect to existing transportation systems? ...................... '- Yes× No [2. Wi[[ pro[ecl regularly cause objectionable odors, noise, g[are~ vibratlon~ or electrical · disturbance as a result of the project's. operation? .................................... Yes× No [3. Wit! project have any impact on public health or safety? .................................... Yes× No [4. Wit! project af£ect the ex£stlng community by dlrect[y causing a growth ~n permanent popu[atlon o~ more than 5 percent over a one year period or have a ma3or negative effect on the character of the community or neighborhood? ................................. Yes× No [5. Js there pub[lc controversy concerning the pro~ect? ............................... ~ ...... Yes No REPRESENTING Grace Golden and G~orge Henry Bo~hle DATE March -~ , 19~2 March 3, 1982 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Grace Golden and George Henry Boehle Location of Property: Lot No. 170 on Nassau Point Road, Cutchogue, New York and Lot No. 206 on Wunneweta Road, Cutchogue, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] ~lay be located within 300 feet of tidal wetlands; however, constructed along the w~ter-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. IX] Is not located within 300 feet of tidal wetlands to ~he best of my knowledge.* not appear to [Starred items fall within the (*) indicate your property does jurisdiction of the N.Y.S. D.E.C.] George Henry Boehle RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD . P* O. BOX 973 CUTCHOGUE, NEW YORK11935 March 4, 1982 Mrs. Judith T. Terry Southold Town Clerk 53095 Main Road - Town Hall Southold, New York 11971 RE: Grace Golden and George Henry Boehle - Lots No. 170 and 206 "Amended Map A of Nassau Point, Cutchogue, New York Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. Exhibit A: Map of premises dated February 12, 1982 prepared by Roderick Van Tuyl, P.C. Notice to Adjacent Property Owners with proof of mailing together with certified mailing receipts attached thereto. 4. Notice of Disapproval from Building Inspector. 5. Short Environmental Assessment Form. 6. Letter to Board of Appeals concerning wetlands. 7. Check of Grace Golden payable to the order of the Town of Southold in the amount of $15.00. If all is in order, kindly place this matter before the Board of Appeals so a date may be set for a public hearing. RFL:bc Enclosures Very tru~ yours, ~lcnard F. L~r~ I.flAlc) 327 !~hADEN 1.6A(c ~ 2~ .TA (