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HomeMy WebLinkAbout2705 '- AC~ON ~F ~ ZON~gG- ~ARD-~'APP~EAL~, '- APDe~ NO. DaSd : -" ~CTION OF T~ ZONING BOA~ OF APPE~ OF ~E TO~ OF SOUTHO~ Mr. wiiii~ B. Smith as agent for Mr. Joseph St. Pierre 220 Mechanic Street, Box 146, Southold~ N~~ 11971 Appellant: .... ' at a meeting of the Zoning Board o£ Appeals on June 12 r 19 8 0 was considered and the action indicated below was taken on your ( ) Request ior variance due to lack of access to property ( ) Request for a special exception under the Zo ~nlng Ordinance kX) Request for a variance to the Zoning Ordinance Art. III, ( ) Art. II , the appeal Section 100-31 and Section !00-23C 1.i SP~~l~:~>~.x~X~lk'~X~i~l~X~,~-~f~u~Hk~iX~k~tien ( ) be ~anted ( ) be denied pm'suant to A~icle ................... ~ction .................... Subsection .................... p~a~aph .................... of the Zoning Ordinance and the ~cis~n ~ the BulldOg I~pec~r ( ) be revers~ ( ) be cd~med b~au~ Application of JOSEPH ST. PIERRE, by William Bo Smith as agent, 220 Mechanic Street, S0uthold, New York, for a Variance to the Zoning Ordinance~ Article II, Section 100-23C, Article iii, Section 100-31 for approval of insufficient area and width. Location of property: 475 Smith Road, Peconic, New York; Indian Neck Park Filed Map #~51, Lot 914; County Tax Map Item No. 1000-98-4-7. (SEE REVERSE SIDE) 2. VARL~NC~.' By resolution of the Board it was determined that (~) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties alike in the irmmediale vicinity of this property and in the same use district because (SEE REVERSE SIDE) (~) The Variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because !(SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( t~at the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. be denied and FORM ZB~ After investigation and inspecti0nt the Board finds as follows: Applicant is requesting approval of insufficient area and width of a parcel of land known as 475 Smith Road, Peconic, New York, which appears to have been in single and separate ownership prior to the adoption of one-acre zoning (1971). Upon inspection, the Board has found that all of the lots in the immediate vicinity are substantially less than 40~000 square feet. The Board finds the circumstances present in this case unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Tuthil!, seconded by Mr. Goehringer, it was RESOL~D~ that JOSEPH ST. P!ERREt be granted a Variance to the Zoning Ordinance, Article ii, Section 100-23C, Article III, Section 100-31, as applied for in Appeal No. 2705. Location of property: 475 Smith Road, Peconic, New York~ Indian Neck Park Filed Map 9551, Lot 914; County Tax Map Item No. 1000-98-4-7. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tut- hill, Douglass and Goehringer. RECEIVED AND FU ED BY TEE SOL~7{OLD TOWN DATE, /fo HOUR~.? Clerk, To,ca o~ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law of the Amended Code of the Town of Sou%hold, matters will be held for public hearings by and the Provisions the following the Board of Appeals; Town of Southold at the Town Hall, Main Road, Southold, New York, on Thursday, June 12, 1980: 7:35 P.M. Application of JAMES V. RIGHTER, 184 Livin~s- ton Street~ New Haven~ Connecticut 06511, for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for permission to construct addition with insuffi- cient front and rear vards. Location of Property: North side of Greenwood Road, Fishers Island. New York; bounded north by F.I. Ferry District~ east by Baird, south by Greenwood Road, west by Woolston, more particularly known as #10 Greenwood Road, County Tax Map Item No. 1000-12-1- part of 13. 7:50 P.M. ApPlication of JAMES B. KAMINSKY, RFD ~1, Rox 153, M~ttituek, New York, for a Variance to the Flood Damage Prevention Law of the Town of for permission to construct proposed restricted base flood elevation in a Southold, Section 46-18 lowest floor below the special hazard zone. Location of property: 100 East Mill Road, Mattituck, New York; bounded north by Mill Road, east by Fox, south by King, west by Mattituck Creek and Kaminsky. County Tax Map Item No. 1000-106-4-4. 8:00 P.M. Application of JAMES B. KAMINSKY, RFD ~1, Box 153, Mattituck, New York, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building with insufficient side and rear yard setbacks in a B-1 Zone. Location of property: 100 East Mill Road, Mattituck; bounded north by Mill Road, east by Notice of Hearings for June 12, 1980 Page 2 of 3 Fox, south by King, west by Mattituck Creek and Kaminsky. County Tax Map Item No. 1000-106-4-4. 8:10 P.M. ~pplication of LEONARD E. HOWARD, 53 Re~k~mann Road, North Stonington, CT, for a Variance to the Zoning Ordinance, Article III, Section 100-30A, for permission to construct second dwelling on a single parcel. Location of property: North Dumpling Island, Town of Southold, New York; more particularly known as County Tax Map Item No. 1000-13021-4. 8:25 P.M. Application of AUDREY E. WANZOR, by William B. Smith, as agent, Box 146, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct dwelling with an insufficient front- yard setback. Location of property: Corey Creek Estates Lot No. 15, Filed Map ~4923; bounded north by Corey Creek Lane, east by Hammerschlag, south by Corey Creek, west by Facca; County Tax Map Item No. 1000-78-4-17. 8:40 P.Mo Application of JOSEPH ST. PIERRE, by William B. S~mit~ ~s ~gent,~ .220_~c~ha~i~c Street£ Southq~d, _~ew York, ~for a Variance to the Zoning Ordinance, Artict~ II, Section 100-23C~~=c~:!e~ __ ~t~ion~l~09~3~,__ _ for . a r~]of_i~sufficient area and ~id~h., Location of property: 475 Smith Road, Peconic, New York; Indian Neck Park Filed Map #551, Lot ~14; County Tax Map Item No. 1000-98-4-7. ~:55 P.M. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in side and front yard areas. Location of property: 6625 Nassau Point Road, Cutchogue, New York; bounded north by East Club Road, east by Peconic Bay, south by Brac, west by Nassau Point Road. County Tax Map Item No. 1000-111-15-7. Notice of Hearings for June 12, 1980 Page 3 of 3. 9:10 P.M. Application of ECCLES PRIDGEN, by Horton Construction Co., as agent, New Suffolk Avenue, New Suffolk, New York, for a Variance to the Zoning Ordinance, Article iii, Sections 100-30 and 100-32, for permission to construct second dwelling unit on single lot. Location of property: 2410, 2530 Great Pecon~c Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. County Tax Map Item No. 1000-128-6-14 and 15. Dated: May 29, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, June 5, 1980, and forward eight (8) affidavits of publication to: Board of Appeals, Main Road, Southold, New York, before June 9~ 1980. Copies mailed 6/3/80 to: Mr. James V. Righter Mr. James B. Kamlnsky Mr. Leonard E. Howard Mr. William B. Smith, as agent for MSo Audrey E. Wanzor Mr. Joseph St. Pierre Mr. Arthur Siemerling as agent for Mr. Stephen Eggers Mr. Stephen Eggers Mr. Ecctes Pridgen Horton Construction Co. as agent for Mr~ Eccles Pridgen Posted on Town Clerk Bulletin Board 5/29/80. Legal Notices NOTICE OF HEARINGS 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 held for public hearings by the Board of Appeals, Town of Southold~ at the Town Hall, Main Road, Southold, New York, on Thursday, June 12, 1980: 7:3~ P.M. Application of JAMES V. RIGHTER, 184 Livingston Street, New Havei~, Connecticut 06511, for a Var- iance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for permission to construct addition with in- sufficient front and rear yards. Location of Property: North side' of Greenwood Road, Fishers Island, New York; bounded north by F.I. Ferry District, east by Baird, south by Greenwood Road, -west by Woolston, more par- ticularly known as #10 Green- wood Road, County Tax Map Item No. 1000-12-1-part of 13. 7:50 P.M. Application of JAMES B. KAMINSKY, RFD //1, Box 153, Mattituck, New York, for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct proposed lowest floor below the restricted base flood elevation in a special hazard zone. Location of pro- perty: 100 East Mill Road, Mattituck, New York; bound- ed north by Mill Road, east by Fox, south by King, west by Mattituck Creek and Kamin- sky. County Tax Map Irem No. 1000-106-4-4. 8:00 P.M. Application of JAMES B. KAMINSKY, RFD //1, Box 153, Mattituck, New York, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct building with in- sufficient side and rear yard ~etbacks in a B-1 Zone. Loca- tion of property: .100 East Mil! COUNT~ CIF ~JFF(~LR. t 'Road, Mattituck; bounded north by Mill Road, east by Fox, south by King, west by Mattituck Creek and Kamin- sky. County Tax Map Item No. 1000-106-4-4. 8:10 P.M. Application of LEONARD E. HOWARD, 53 Reutemann Road, North Ston- ington, CT, for a Variance to the Zoning Ordinance, Article III, Section 100-30A, for per- mission to construct second dwelling on a single parcel. Location of property: North Dumpling Island, Town of Southold, New York; more particularly known as County Tax Map Item No. 1000-130-1-4. 8:25 P.M. Application of AUDREY E. WANZOR, by William B. Smith, as agent, Box 146, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to con- struct dwelling with an insuf- ficient frontyard setback. Lo- cafion of property: Corey Creek Estates Lot No. 15, Filed Map #4923; bounded north by Corey Creek Lane, east by Hammerschlag, south by Corey Creek, west by Fac- ca; County Tax Map Item No. 1000-78-4-17. 8:40 P.M. Annlication of Ne~. Y.ork~r~a ~V~ the Zoning Ordinance, Article' insufficient area anO Wla . Location of property: 475 Smith Road, Peconic, New · York; Indian Neck Park Filed · Map//551, Lot//14; County Tax Map Item No. 1000-98-4-7. 8:55 P.M. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimming pool in side and front yard areas. Location of property: 6625 -Nassau Point Road, Cut- chogue, New York; bounded north by East Club Road, east . DIO. qlOlbl~, bU~'J'OJJ~ L;ounty Term Expires March 30, 19.~_J by Peconic Bay, south by Brac, west by Nassau Point Road. County Tax Map Item No. 1000-111-15-7. 9:10 P.M. Application of ECCLES PRIDGEN,.by Hor- ton Construction Co., as agent, New Suffolk Avenue, New Suf- folk, New York, for a Variance to the Zoning Ordinance, Art- icle III, Sections 100-30 and 100-32, for permission to con- struct second dwelling unit on single lot. Location of proper- ty: 2410, 2530 Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. Coun- ty Tax Map Item No. 1000-128- 6-14 and 15. Dated: May 29, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ5-3458 NOTICE OF HEARINGS ~uant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold at the Town Hall, Main Road, Southold, New York, on Thursday, June 12, 1990: 7:35 P.M. ~pplication of JAMES V. RIGHTER, 184 Creek Estates Lot No.'la, Filed Map #4923; bounded north by Cot~y C~ee[ Lane, east by Hammerschlag, south by Corey Creek, west by Faeca; County Tax Map Item No. 1000-78-4-17. 8:40 P.M. Ao_Diie~ion of ~OSEPH ST PIERRE. by · William 1~. ~mitl~ as agent, 220 ,, Mecrlanlc ~tfeett :~outhold, · New York, for a Variance to "the Zonint Ordinance, Article... ~, Section' 100-23C, Article m, - insufficient are~t and wi,dth.' Location of property: 475 Smith Road, Peconic, New York; Indian Neck Park Filed Map #551, Lot #14; County Tax Map Item No. 1000-98- 4-7. 8:55 P.M. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York, for a Variance tot he Zoning Ordinance, Article HI, Section 100-32 for permission to construct swimming pool in side and front yard areas. Location of propertY: 6625 Nassau Point Road, Cutch- ogue, New York; bounded north by East Club Road, east by Peconic Bay, south by Brac, west by Nassau Point Road. County Tax Map Item No. 1000-111-1S-7. 9:10 P.M. Application of ECCLES PR[DGEN, by Horton Construction Co., u agent, New Suffolk Avenue, New SuffOlk, New York, for a Variance to the Zoning Ordin- ance,, Article III, Sections 100-30 and 100-32, for per- mission to construct second dwelling unit on single lot. Location of property: 2410, 2530 Great Peconic Bay Boule- vard, Laurel, New York; boun- ded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catal- ano, south by Peconic Bay, west by Kendel, Smith, Bay- uk, Carey, Gannon. County Tax Mmp Item No. 1000-128- 6-14 and 1S. Dated: May 29, 1980 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 6/5/80 (S0) COUt4T¥ OF SUFFOLK STALE OF NlaA/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count; 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 ........... l ........................... weeks successively, commencing on ~ ~ 19.~.. .... ............... £ Sworn to before me this ...~. ................... day ot Notary Public CLEMENT J. THOMPSON NOTA~ ~ ~ W b Yo~ t~. 5~-9~1725 TOWN OF SOU~HOLD BUILDING DEPART?~ENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ., ,4-.! ....... File No ................................ ~ ...... .,~...~.ic..~..~... ~.~. ............ ~o~ ~=~ ~o ~o~,,~...p.~=n ~ ~, g?.. ~' 4//~ ~ ....... , ........... a~ LOcation of Property .. ~ .............. ~.~.~ ._.. ~ .......... ~C~{.~,. ~-~' House No. ~'treet ~amtet ~ County T~ Map No. 1000 Sectio~ .~ ~.~ ...... Block . .~ ¢. ....... Lot . ~.~ ...... ~ ~ ~-/ ..~ .......... SUbd/visio~/~/M ~¢~ ~iled Map No ................. ~t No. is t ~ '~ 'disapproved o~ the folIow~g ~om~ds ;~/~/~ ~.~¢~..~.. ~- ~/~ /~,/.T ~,~. ~r~o~ ~-~. ~,~r. ~..~../. z,. ~ ~.... ~ a. ~7: ........ · RV TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~:~ ~"~-' ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~e) .~o~apA..~.C.....P.ie.r.r.~ ........................ of 4 Silver Avenue Name of Appellant ................... '~'t'~'~'t'"a'~'~J"'~'/n~,~ ......................... ' ........... ~,~,~..~...~.g.~.o..%,. ............................................................. ~.,.~'.~ ............... 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) ( ) ( ) Nome of Applicant for permit of 220 ~echanio St, ~ Southold~ N.Y.. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..S.'.rr~..~h..,~.0..~.~. ................. ]'.k'.'....,,R..e...s.i..d..e.D.~.i.A.l..i .................... 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.) Article Z Section 100-12 ~nd Ar~,~ale ii Section 100-2~0 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 4L PREVIOUS APPEAL A previous appeal xffx~) (has not) been made with respect to this decision of the Building inspector or with respect to this property. SOch ~ppeal was ( ) request for a special permit ( ) request for a variance a~d was mode in Appeal No ................................. Dated ...................................................................... (x) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance islrequested forthe reason that the original owner did not know his two lots had automatically been joined ~hen he sold off his house and one lot ~n January 1~, 1972 - one acre zoning had been adopted by the Southold -z'o~n Board on December 16, 1971, Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sary HARDSHIP because ~his lot is in sin~!e and s~Dart ~ ~ ~-~ sir. ce .... ~ o. ~__~no 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because this lot is s~z.a_ate o¥~ershzp since ~anuary 14~ !972~ o. enyzng a ouz!dzng would make ~ ~ ~ un~s ~ot worthiess~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of t~e ..... lots i~ this ~o~~v~s~c,~m ~ ~ ~ ~ ~ have Ioeen built upon ~d al! lots are similar size or smaller~ COUNTY O ) Swo,n to ,h,s ................................. ................ Notary Public JUDITH T. TERRY Nota~ Public, S~ of New York No. 52-03~963 Su~k ~mmiss{o~ ~p~res Ma~ch 30~ ~ Southold Town Board of Appeals MAIN ROAD- BTATE RI:lAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEAL.~ BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure. DESCRIPTION OF PROJECT Appeal No. 2705. Application of JOSEPH ST. PIERRE, by WILLIAM B. SMITH, AS AGENT, 220 Mechanic Street, Box 146, Southold, NY. Location of Proj.ec__t: 475 Smith Road, Peconic; 1000~98-4-7. Permission Requested: Approval of insufficient width and area in order to obtain Certificate of Occupancy. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: May 28, 1980. C iTOWN OF SOUTHOLD O SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assumed that. the preparer' will use currently available information concerning f. he project, and the likely impacts of' the action. It is not expected that. addit.ional studies, research or other investigations will be undertaken. (b) ]:f' any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c)' If' all questions have' been answered No it is likely that. this project, is not. significant. (d) E'nvironmental Assessment l. Will project result, in a-large physical change t,o the project' site or physically alter more t.han 10 acres of land? ........................ .. Yes No 2. Will there be a major change to any unique or -.unusual land form found on the site? .......... . Yes~__No 3. Will project, alter or have a large effect, on exist.lng body of water? ........................ Y.esL~,~ No 4. Will project have a potentially large impact. , on groundwater quolity?...~ ................... Yes.~ 5. Will project significont.l¥ effect drainage flow on odj°cent, sites?.~ ..................... .- Yes/~ ~ Ho. '6. Will project, affect, any threatened or endangered plant, or animal species? ........ '..... Yes~ Ho 7. Will projec~ result in o major adverse effect on air quality? ............................... Yes 8. Will projec~ hove o major effect on visual · character of ~he community or scenic views or. vis~as known t.o be important to t.he community? Yes..~ No 9. Will project, adversely impact, any sit.e or s~ructure of hist.oric, prehistoric or paleontological importance or any site designated os o critical environmental oreo by a local agency? ............ '-~-.':'~-:'--'~'-~",-'-~' Yes, 10. Will project have a major effec~ on existing or future recreat.ional opportunities? ......... .~ ,Yes,~..No 11. Will project resul~ in major t.raf`fic problems or cause a major effect to existing t.ranspor%at.ion systems? .... Yes ~ No 12. Will project, regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result, of t.he project's operation? ..................................... , Yes .~ No 13. Will _project have any impact on public health or.safely? ............................ : ....... , Yes_~.No 14. Will project, affect the exist.ing community by directly causing a growth in permanent popula[ion of more than 5 percent over o one year period or have o major negative ef`fect on the character of the community or neighborhood? ................................., ,~ Yes.No 15. Is there public controversy concerning 'the project? ...................................... _ Yes No :K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 21, 1980 To- Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2705, application of Joseph St. Pierre for a variance. Also included is Notice of Disapproval from the Building Department, Short Environmental Assessment Form, and notification to the following adjoining property owners: Jane L. Dempsey, Francis Raid, Anne M. Werber. '~ItOBERT W. TASKER Town Attorney [EY TELEPHONE (516) 477-1400 425 MAIN SI. GREENPORI. L.I.. NEW YORK 11944 June .5, 1980 Mr. George H. Fisher Building Inspector T own Hall Southotd, New York 11971 Re: Disapproval of Application of Joseph St. Pierre for Building Permit De ar George: You have submitted to me cbrta, in information considered by you in the disapproval of the application of Joseph St. Pierre for a building pe~rmit to buil_d a dwelling on Lot No. 14 as shown on the subdivision map of Indian Neck Park (Map No. 551, filed May 27, 1913) and asked for my opinion as to the correctness of your decision. As near as I can ascertain, the facts are as follows: On June 26, 1962, Francis J. Cerny and DorothyAo Cerny acquired Lot No. 12 and in 1963 built a house thereon. By deed dated July 28, 1965, Mr. and Mrs. Cerny also acquired Lot No. 14 which is contiguous to Lot No. 12. On November 23, 1971, the Z°n- ing Code wa,s amended to increase lot sizes in the residence zone to 40, 000 square feet.~ On February 14, 1972, Mr. and Mrs. Cerny sold Lot No. 12 toSilvio and Lorraine Constantine. On May 29, 1973, Section 100-36 (substandard lots) was added to the Zonihg Code. On October 12, 1979, Mro and Mrs. Cerny sold Lot Noo 14 to Joseph St° Pierreo I am assuming that when Mr~ and Mrs. Cerny purchased Lots 12 and 14 that prior thereto, each lot was held in single and separate ownership. It is apparently the position of the applicant and his representatives that by virtue of Section 100-36 of the Code and Judge Lazer's decision in Matter of Mackay v. Ma~rhall, 92 Misc. 2d 868; 401 N.Y.S. 2d 679, that no variance is required in order for the Building Inspector to issue a building permit for the construction of a dwelling on Lot No. 14. I disagree with such position. Mr. George H. Fisher -2- June 5, 1980 Assuming that Lot 12 and Lot 14 each conformed to the lot size requirements prior to The 1971 upzoning, then Mr. and Mrs. Cerny could have conveyed each of these lots and dwellings could be constructed on each lot up to the time of the 1971 rezoning. However, This is not the case, since Mr. and Mrs. Cerny continued the ownership of both lots up '~ntilFebruary 14, 1972. The effect of the 1971 increase in lot size requirements was :o make the Cerny property substandard. Section 100-23C of the Code provides as follows: "No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chap- ter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter." (emphases supplied) ;-~ is obvious therefore..~.~-l~ ~ when Mr. and Mrs. Cerny conveyed Lot No. 12 in 1972 that Lot 14 was forme.d:contrary~::~ the provisions of Section 100-23C. It is further ob~;ious :hat the Building Inspector is~d~Tohibited by this Section from issuing a building permit. As previously stated, Section 100-36 was enacted in 1973. Prior thereto there was no exception or merger clause in the Zoning Code which would except non-conforming lots held in single and separate ownership prior to the enactment of the Zoning Code of any amendments thereto. This being the case, I am unable to understand how the applicant can claim the benefit of the exemption clause provided by Section .'.,.00-36 since it was not ~ part of the Zoning Code until more than a year after Mr. and Mrs. Cerny sold Lot No. 12. I am also unable, to understand how the Mackay decision is helpful ~,,~' the applicant's case, since Judge Lazer held in that case that the merged lots can. not be divided without ~ '~arianee based upon a showing of hardship, and thus ~his decision is contrary to the .~osition taken by applicant. For all of the reasons se~ forth herein, I am of the opinion that you acted correctly in denying the application of Mr. St. Pierre for a building permit in the absence of a variance being granted by the Board of Appeals. Yours very truly, RWT:MY ROBERT W. TASKER BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JOSEPH ST. PIERRE to the Board of Appeals of the Town of Southold /TO: NOTICE 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) (~,~)COe~I~~iCG~I[~LaF, I:TII~ (the following relief: t:o sul0divide two lots that have been in single and separate ownership since Jan. 14, 1972 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Owned by Joseph St. Pierre, Raia on the north. Anne ~. '~erber on east. Jane T.~ n~m~ .... ...... ~-~ ~.. south. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to build house observing all required property set backs, zoning and building regulations and Health Department Regulations. fmmily $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Art~nl~ T Sent~on 100-12 ~nd Article IT Seation 100-230 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 notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~ay 21, 1980 William B. Smith Petitioner Post Office Address 220 ~echanic Street Southold, N.Y. 119~1 PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' ,~'-- , residing at .,~/_ .~,.~ ~_~'T~_l,.~__0 ~ .~~.. ~ ~ ~ ~7 1 , being duly sworn, deposes and says that on the ~-/~'~'day of ~-' -- ", 19 ~" O , deponent mailed a true copy of the Notice set forth on the re- verse side here~b~, 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 assessmertt roU, of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at ~~ ; that said NotiCes were mailed to each of said persons by (certified) (registered) mail. Sworn tobefore me this a:~O/~'' day of ,.~,/~'4_. ,19 ~ ~-- - Notary Public JUDITH T. TERRY Notary Public, State of New No. 52-0344963 Suffolk ~nuni~ion Ex~ire~ March aO, ~ MATCH 16.$ A (c) SEE ,~EC. NO. C86 2' 'tO MATCH SEE SEC, NO. 086 LINE ___~'__ SU~DI VI $ ION 0 P ~. ! ~OSSED SEAL SHA~ NOT ~ ONLY TO TH[ ~ ~ W~M The 'T'/'l-{~ ~aar'an'f'~e Co. R(~EI~ I(~'K VAN~,TJ.LYL, P~C. LICENSED LAND $URgEYORS GREENPORT NEW YOR K_..~ 0 b4 / LICENSED LAND SURVEYORS GREENPORT NEW YORK