HomeMy WebLinkAbout2699
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF Al'PEALS
Appeal No. 2699 Dated April 20, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Sacco & Ahlers, Agents
To
For Frank & Jacqueline Weber
Box 721, 54655 Main Road
Southe!~_, NY 11971
at a meeting of the Zoning Board of Appeals on May 22, 1980,
.was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X/~ Request for a variance to the Zoning Ordinance Art.
( )
III, Section 100-31
DATE5/22/80
Appellant
the appeal
gra~ ( ) ~ de~ed pursuant W Article .................... ~c5on .................... Subsection .................... paragra~
.................... ~ the. Zoning Ordinance and the decision of the BuUding Inspector ( ) be revers~ ( ) be
confirmed because Application of
FRANK and JACQUELINE WEBER, 2030 Jockey Creek Drive,
Southold, New York, by Sacco & Ahlers as agents, for a
Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to construct dwelling with insuffi-
cient sideyards at property known as 2030 Jockey Creek
Drive, Southold; bounded north by Jockey Creek Drive, east
by Wohlberg, south by Jockey Creek, west by Blackburn;
County Tax Map Item No. 1000-70-5-21.
(SEE REVERSE SIDE)
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 SIDE)
(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 SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
(SEE REVERSE SIDE)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied ..nd
FORM ZB4
ZONING BOARD OF APPEALS
After investigation and inspection, the Board finds
that applicants are requesting permission to construct
dwelling with insufficient sideyards, 9.95 on the east
and 15.5 on the west~"totalling 25 for both sides. Upon
inspection, the Board has found that the subject premises
is 75 feet wide at the north end, and 117.95 feet wide
at the south end. The Board has been advised that the
Department of Environmental Conservation is restricting
the subject dwelling to be located not closer than 87
feet from the tie line. The Board has found upon further
investigation that on May 23, 1974 a variance was granted
approving the insufficient area and width of the subject
lot, with the condition that.the sideyards shall not be
less than 25 feet, 10 on one side and 15 on the other.
The'BQard agrees with the reasoning of the applicant,
except that the sideyard restriction of 10 and 15 on
the sides will remain the same.
The Board finds that the circumstances present in this
case are 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. Grigonis, seconded by Mr. Tuthill, it
was
RESOLVED, that FRANK and JACQUELINE WEBER, be GRANTED
a Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to ~onstruct dwelling with insuffi-
cient sideyards and setbacks, SUBJECT 'TO THE FOLLOWING
CONDITION:
That the sideyards shall not be less thanl0 foot on
one side and 15 on the other; and not less than a total of
25 feet for both.
Location of ProPerty: 2030 Jockey Creek Drive, Southold;
County Tax Map Item No. 1000-70-5-21.
Vote of the Board: Ayes: Messrs~ Grigonis, Tuthill,
Douglass, Doyen and Goehringer.
Chairman Board o Appeals
AECEIVED AND FILED BY
rl t E sou {OLD TOWN CLERK
Town CloH , Town of Southold
NOTICE OF 'HEARINGS
Pursuant to Section 267 of the Town Law and the Provisions
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, May 22, 1980:
7:35 P.M. Application of MARINe FARAGUNA, 175 Park
Avenue, Berkeley Heights, New Jersey 07922, for a Variance to
the Zoning Ordinance, Article III, Section 100-31 for permission
to construct dwelling with insufficient sideyards at property
known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of
"Nassau Farms" filed Map #1179; County Tax Map Item No. 1000-
7:45 P.M. Application of EMANUEL & VENITA LORRAS,
Depot Lane, Cutchogue, New York for a Variance to the 7. oning
Ordinance, Article III, Section 100-31 for permission to
construct addition with insufficient rearyard setback at
property known as 2135 Bay Avenue, East Marion, New York;
bounded north by Schwab, east by Massaro, south by Vasquez,
west by Bay Avenue; County Tax Map Item No. 1000-31-17-4.
8:00 P.M. Application of VICTOR E. CATALANO, 22
Canterbury Drive,~ Hauppauge, New York 11787, for a Variance
to the Zoning Ordinance: {a) Article III, Section 100-31
for approval of insufficient road frontage; {b) Article III,
Section 100-31 for approval of insufficient area due to proposed
change in lot line[s]. Location of property: South side of
Great Peconic Bay Boulevard, Laurel, New York; bounded north
i! by Great Peconic Bay Boulevard, east by Pridgen, south by
~. Peconic Bay and/or Catalano and Estate of A. Cardinale, west
by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1,
ilNotice of Hearings
iiBoard of Appeals - May
!Page2
22, 1980
8:20 P.M. Application of FRANK E. BROPHY, Second Street,
New Suffolk, New York for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for approval of the construction of
addition with insufficient front and side yard setbacks at
property known as 75 Second Street, New Suffolk; bounded north
by Jackson Street, east by Second Street, south by Woodard and
Wetzel, west by Martin and Third Street; County Tax Map Item
No. 1000-117-10-20.7.
8:30 P.M. Application of RICHARD and MARY LINDSAY,
435 Watersedge Way, Southold, New York for a Variance to the
edge Way, east by Debany, south by Little Peconic Bay, west
Zoning.Ordinance, Article III, Section 100-31 for permission
to construct addition with insufficient frontyard at property
known as 435 Watersedge Way, Southold; bounded north by Waters-
by Bourgin; County Tax Map Item No. 1000-88-5-59.
8:45 P.M. Application of KENNETH STRACHAN, JR.,
Peters Neck Road, Orient, New York for a Variance to N~w York
Towh~Law, Sec-tSon 280A, for approval of access. Location of
property: Right-of-way off South Side of King Street, Orient;
County Tax Map Item No. 1000-27-4-9.
8:55 P.M. Application of KENNETH STRACHAN, .JR.,
Peters Neck Road, Orient, New York for a Variance to the Zoning
Ordinance, Article III, Section 100-32 for permission to
locate accessory building in an area other than the rearyard.
Location of property: Right-of-way off South Side of King
Street, Orient; part of County Tax Map Item No. 1000-27-4-9;
also referred to as Lot 2 of Property of Margaret L. Strachan.
9:10 P.M. Application of RENE GENDRON, Youngs Avenue,
Southold, New York (by Rudolph H. Bruer, Esq.) for a Variance
to the Zoning Ordinance, Article III, Section 100-31, for
approval of insufficient area. Location of properties:
Lots 9, .11 and 12 at South Harbor Homes, Grange'Road Extension,
Southold; County Tax Map Item Nos. 1000L75-4-9,10,12.
9:25 P.M.
Application of FRANK and JACQUELINE WEBER;
2030 Jockey Creek Drive~ Southold New York for a Variance to
_the Zonina_O_r_~_i.9ance~_ Ar~_~cl_e _III _Section 10~0-3~!_,. for permission
to construct dwelling with insufficient sideyards at property'
known as 2030 Jockey Creek Drive, Southold; bounded north by
Jockey Creek Dr., _east by Wohlberg, south by.Jockey Creek,
west by Blackburn; County Tax Map Item No. 1000-70-5-21.
9-:40 P,M. Application of ROBERT W. BROOKS, Holmes Road,
East Lyme, Connecticut 06333, for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for approval of insuffi-
cient area, width and setbacks. Location. of property.: Winthrop
Drive and Reservois Road, Fishers Island, New York; bounded
north by Gada, east by Reservoir Road, south by Winthrop Drive
and Cleveland, west by Silver Eel Cove; County Tax Map Item
No. 1000-9-8-3.
9:55 P.M. Application of RICHARD ZEISLER, c/o Philip J.
Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, New York 11901,
for a Variance to the Flood Damage Prevention Law of the Town
of Southold, Section 46~18A,B for permission to construct
basement below the restricted base flood elevation in a special
flood hazard zone. Location of property: Jacksons Landing,
~ Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map
Item No. 1000-113-4-9.
Dated:
May 7, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Instructions to newspapers: Please publish once, May 15, 1980
and forward 11 affidavits of publication to: Board of Appeals,
Main Road, Southold, NY 11971, before May 20, 1980. (765-1809)
Legal Notice
(continued ~om page 18A)
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 fol-
lowing 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 Thurs-
day, May 22, 1980:
7:35 P.M. Application of
MARINO FARAGUNA, 175
Park Avenue, Berkeley
Heights, New Jersey 07922, for
a Variance'to the .Zoning
'Ordinance, Article III, Section
100-31 for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 5675 Skunk Lane,
Cutchogue, New York; Lot 113
of "Nassau Farms" filed Map
#1179; County Tax Map Item
No. 1000-138-2-10.
7:45 P.M. Application of
EMANUEL & VENITA LOR-
RAS, Depot Lane, Cutchogue,
New York for a Variance to
the Zoning Ordinance, Article
III, Section 100-31 for permis-
sion to construct addition with
insufficient rearyard setback
at property known as 2135 Bay
Avenue, East Marion, New
York; bounded north by
Schwab, east by Massaro,
south by Vasquez, west by Bay
Avenue; County Tax Map Item
No. 1000-31-17-4.
8:00 P.M. Application of
VICTOR E. CATALANO, 22
Canterbury Drive, Haup-
pauge, ~New York 11787, for a
Varianc~ ~he Zoning Ordin-
ance: (a, ..rticle III, Section
100-31 for approval of insuffic-
ient road frontage; (b) Article
III, Section 100-31 for approval
of insufficient area due to
proposed change in lot line(s).
Location of property: South
side of Great Peconic Bay
Boulevard, Laurel, NewYork;
bounded north b.y Great Pe-
conic Bay Boulevard, east by
Pridgen south by Peconic
Bay and/or Catalano and Es-
tate of A. Cardinale, west by
Croce and Keller; County Tax
Map Item No. 1000-128-6-13.1,
13.2, 13.3.
8:20-P.M. Aoplication of
FRANK E. BROPHY, Sec-
ond Stf'eet, New Suffolk, New
York for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for approval of
the construction of addition
with insufficient front and side
yard setbacks at property
known as 75 Second Street,
New Suffolk; bounded north
by Grathwohl & Pugsley, east
by Second Street, south by
Woodard and Wetzel, west by
Martin and Third Street;
County Tax Map Item No.
1000-117-10-20.7.
8:30 P.M. Application of
RICHARD and MARY LIND-
SAY, 435 Watersedge Way,
Southold, New York for a
Variance to the Zoning Ordin-
ance, Article III, Section 100-
31 for permission to construct
addition with insufficient
frontyard at property known
as 435 Watersedge Way, South-
old; bounded north by Waters-
edge Way, east by Debany,
south by Little Peconir ~ay,
west by Bourgin; Corn ?ax
Map Item No. 1000-88-5-5s.
8:45 P.M. Application of
KENNETH STRACHAN, JR.,
Peters Neck Road, Orient,
New York for a Variance to
New York Town Law, Section
280A, for approval of access.
Location of property: Right-
of-way off South Side of King
Street, Orient; County Tax
Map Item No. 1000-27-4-9.
8:55 P.M. Application of
KENNETH STRACHAN, JR.,
Peters Neck Road, Orient,
New York 'for a Variance to
the Zoning Ordinance, Article
III, Section 100-32 for permis-
sion to locate accessory build-
ing in an area other than the
rearyard. Location of proper:
ty: Right-of-way off South
Side of King Street, Orient;
part of County Tax Map Item
· No. 1000-27-4-9; also referred
to as Lot 2 of Property of
Margaret L. Strachan.
9:10 P.M. Application of
RENE GENDRON, Youngs
Avenue, Southold, New York
(by Rudolph H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Article III, Section
100-31, for approval of insuffic-
ient area. Location of proper-
ties: Lots 9, 11 and 12 at South
Harbor Homes, Grange Road
Extension, Southold; County
Tax Map Item Nos. 1000-75-4-
9, 10, 12.
Ordinance, Article III, Section
100-31, for permission to con-
struct dwelling with insuffic-
ient sideyards at property
known as 2030 Jockey Creek
Drive, Southold; bounded
north by Jockey Creek Dr.,
east by Wohlberg, south by
Jockey Creek, west by Black-
burn; County Tax Map Item
No. 1000-70-5-21.
9:40 P.M. Application of
ROBERT W. BROOKS,
Holmes Road, East Lyme,
Connecticut 06333, for a Var-
iance to the Zoning Ordinance,
Article III, Section 100-31 for
approval of insufficient area,
width and setbacks. Location
of property: Winthrop Drive
and Reservoir Road, Fishers
Island, New York; bounded
north by Gada, east by Resei'-
voit Road, south by Winthrop
Drive and Cleveland, west by
Silver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
9:55 P.M. Application of
RICHARD ZEISLER, c/o Phi-
lip J. Ofrias, Jr., Esq., 737
Roanoke Aveaue, Riverhead,
New York 11901, for a Var-
iance to the Flood Damage
Prevention Law of the Town of
Southold, Section 46-18A, B for
permission to construct base-'
ment below the restricted base
flood elevation in a special
flood hazard zone. Location of
property: Jacksons Landing,
Mattituck; Lot 7 of Map of
Jacksons Landing; County
Tax Map Item No. 1000-113-4-9.
Dated: May 7, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
NOTICE OF HEARINGS
Pursuant 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, May 22,
1980:
7:35 P.M. Application of
MARINa FARAGUNA, 175
Park Avenue, Berkeley
Heights, New Jersey 07922,
for a Variance to the Zoning
Ordinance, Article III, Section
100-3i for permission to con-
struct dwelling with insuffi-
cient sideyards at property
known as 5675 Skunk Lane,
Cutchogue, New York; Lot 113
of "Nassau Farms" filed Map
~{ ~z'~c& ~--rop&rt~r-or Marg§'ret
L. Strachan.
9:10 P.M. Application of
RENE GENDRON, Youngs
Avenue, Southold, New York
(by Rudohlp H. Bruer, Esq.)
for a Variance to the Zoning
Ordinance, Article III, Section
e 100-31, for approval of insuffi-
'b eient area. Location of pro-
· perties: Lot~., 9, 11 a,.nd 12 at
South Harbor Homes, Grange
!I Road ExtenSion, Southold;
Y County TaX~ Map I. lem Nos.
~: 1000-7S-4-9, 10, 12.
~~P. M~_~._. A~p_p. li~??t~on__~o f
FRANK and JACQUELINE_~
WEBER, 2030 Jockey Creek
]3rive, ~[outhold, New York for
-~-~'~ai)i~in~e to the Zoning al
O~difiafic~; Arhcr~I17 K~ct~on
00-~1, fr;r permission to con-
struct dwelling with insuf- ir
ficient sideyards at property
known as 2030 Jockey Creek tn
Drive, Southold; bounded's
north by Jockey Creek Dr.,
east by Wohlberg, south by 'g.
Jockey Creek, west by Black-
burn; County Tax Map Item
No. 1000-70-5-21.
9:40 P.M. Application of
ROBERT W. BROOKS, Hol-
mes Road} East Lyme, Con-
necticut 06333, for a Variance
to the Zoning Ordinance,
Article III, Section 100-31 for
approval of insufficient area,
width and setbacks. Location
of property: Winthrop Drive
and Reservoir Road, Fishers
Island, New York; bounded
north by Gada, east by Reser-
voir Road, south by Winthrop
Drive and Cle;celand, west by
Silver Eel Cove; County Tax
Map Item No. 1000-9-8-3.
9:SS P.M. Application of
RICHARD ZEISLER, c/o Phi-
lip J. Ofrias, Jr., Esq., 737
Roanoke Avenue, Riverhead,
New York 11901, for a Vari-
ance to the Flood Damage
Prevention Law of the Town of
Southold, Section 46-18A, B
for permission to construct
basement below the restricted
base flood elevatiop in a
special flOod hazard zone.
Location of property: Jacksons
Landing, Mattituck; Lot 7 of
Map of Jacksons Landing;
County Tax Map Item No.
1000-113-4-9.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
Dated: May 7, 1980
IT, S/1S/80 (206)
COO~TY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
nnd that the notice of which the annexed is a printed copy,
k'as been published' in said Long .Island Traveler-Watch-
man once each week for ........... ./. .......................... weeks
successively, commencing on the ../.~..... .............................
Sworn to before me this . .~....~.. ...............
....... ...........
Of
CLEMENT d. THOMPSON
NOTARY PUBLIC, Stall of New
t~. 52-9321725
Comm~io~ Expira~ Ma,ch 30,
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To .~..~.C..CO....~... h.~. ~ .~. ~'.'~. .........
PLaASa TAZa NOT~CE that your applicaion dated ................ ~..~.~ ~9~0..
for pe~it to construct ~ ~ ff ~ k~ ~ ..
Location of Prope~y ~ 0 ~ 0 ~ Y ~k~%
County Tax Map No. 1000 Section ....... ~.P .... Block ....... ~ ..... ~t . .~./ ........
Subdivision ................. F~ed Map No ................. Lot No ..................
is returned he'with and disapproved on the follow~g ~o~ds... [ ~ .~. ~. (~T ..........
RV 1/80
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~-"~7/
DATE .. ?...../~.../...8..0. ............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ' ~ ' ~
Frank & lacaueline Weber . 1757 Adelphi ROad ....
1, (We) ................... .~ ..... .~ ...................................... or ...........................................................................
Name of Appellant Street and Number
....................... ..W,..a..?:.t.a.~.h. ................................................. )... .N......~......]..~..7.?..3. ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
..................................... .......... ......................
( )
( )
(x)
SACCO & AHLERS
Name of Applicant for permit
of B..o...x...7...2~..,..5.~.0...5..5...M...a..~. ~....R..o..a..d.. ............ .S.g.u..t..h..o..]:.d. .............. ..N..:..Y.....,. ~.]:..9...7. ~ ..........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to construct dwelling
1:- ~ LOCATION OF THE PROPERTY ...'sourh:.sidelJ >.cke.y."Cre.e.k.D. .v. 5... ............
.... -- -Street ...... Use District on 'Zoning Map
1000 - Sect. 70 Block 5 21
Map 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.)
Art. III 100-31
(x)
(
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
A VARIANCE due to lack of access (State o( New York Town Law Chap. 62 Cons. Laws
Art. t6 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 ~ppeal 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
is requested for the reason that residence cannot be constructed on this narrow truncated
triangular shaped lot any other way. except for variance requested brought aB_out
by specific D. E.C. ~~ ~ ~.~ ~.~., ~ ~ ~
Porto ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1. STRIC~ APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-t
sarv HA~D§hiP because contract to construct, plans and specs and personal plans
have been previously made based upon prior location of residence upset by
late D. E.C. ruling
2. The hardship created is UNIQUE and is not shared by oil properties alike in .the immediate
vicinity of this property end in this use district because -it is tl~e ~;esult o['c~ontested D. E. (3.
declaration of 4/22./80, Application-~15273-O[11. Rather than delay construction
~of residence for a year Or'more, rehef wa this supplication is respectfully
requested.
o
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE T~HE
CHARACTER OF THE DISTRICT because the year round residence maintains the present
vegitative and tree cover as far as possible and because of the value of the
residence will increase the values of the residences in the area.
ss
Signoture
Notary Public~
DEPARTMENT OF PLANNING
LEE E. KOPP£LMAN
DIRECTOR OF PLANNING
May 30, 1980
Town of Southold
Board of Appeals
Pursuant tb the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
~pplicant
Municipal File Number
Emanuel & Venita Lorras
Kenneth Strachan, Jr.
Frank & Jacqueline Weber
Mr. Robert W. Brooks by Richard F. Lark, Esq.
2685
2697
2699
2700
GCN: j k
Very truly yours,
Lee E. Koppelman
Director of Planning
by.
CH:L[- PLANNFR
V~¥E[~ANS ht£l~lOIJlAL tIIGHWAY
tiAUI"PAUGE, L, I.. NEW YOll'K
· 979-2920
0
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals 765=1809
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
..................................... f Southold
the Board of Appeals ofthetown o ..............................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
Amendment to the zoning ordinance
Zoning changes
Special permits
Variances
Re: Appeal No. 2699
Frank & Jacqueline Weber
by Sacco & Ahlers, P.C.
Main Road
Southold, NY 11971
Location of affected land: ...2.03G..J~)ek.e¥...C.=ee~]~..~r..iv(~,...$4~u.~,h~.d. ....... .1..0...0. Q.7.~.0..U..5..7..2..1..: ....
within 500 feet of: (check one or more)
...... ~[X .... Town or village boundary line, or shore line Jockey Creek
................ State or county road, parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
~mmenU: Permission was granted on May 22,
dwelling with insufficient sideyards of
10 feet and 15 feet, a total of 25 feet
1980 to construct
not less tkan
6or both.
Date received by Suffolk County Planning Commission
File No .................................
(signed)
Linda Kowalski, Secretary
T/tie
O
Southold Town Board .-of Appeals -13-
May 23, 1974
PUBLIC HEARING: Appeal No. 1905 - 8:40 P.M. (E.D.S.T.),
upon application of John & Katherine Frosina, Oaklawn
Avenue, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to divide and set off
lot with insufficient frontage and area. Location of
property: S/S Jockey Creek Drive, Southold, bounded north
by Jockey Creek Drive; east by other land of applicant;
south by Jockey Creek; west by John O'Keefe. Fee paid
$15.00.
The Chairman opened the hearing by reading the
application for a variance, legal notice of hearing,
affidavits attesting to its publication in the official
newspapers, and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: I b~lieve we understand the application.
Across the street there is a subdivision of one-third or
one-half acre lots. In his immediate vicinity the lots. are
undersized by, present standards. It seems to be reasonable
to permit the construction of a residence on this property
which has 75 feet on Jockey Creek Drive and 120 feet on the
'Creek, itself. It averages close to 100 feet in width.
The parcel he proposes to use, Lot No. 7, is approximately
one half acre.
(Dr. John Frosina arrived at the hearing).
THE CHAIRMAN: Do you have a survey?
DR. FROSINA: Yes. (Dr. Frosina submitted a survey to
the Board). I bought the property to build a one family
house on each lot, one is 75 feet wide and one is 100 feet.
THE CHAIRMAN: May we keep this survey?
DR. FROSINA: Yes.
THE CHAIRMAN: Are these lots both in your name?
DR. FROSINA; My wife's and my name are on both of the
lots. The lots are all about the same size in that area.
I decided to sell last year. Mr. Terry said that I should
leave 10 feet on the side of the house. I have done that.
Southold Town Board of Appeals
-14-
May 23, 1974
DR. FROSINA: Here is the Deed.
the Covenants and Restrictions.)
(The Chairman read
THE CHAIRMAN: Do you practice medicine on the premises?
DR. FROSINA: Yes, but I am semi-retired. I gave a
deposit for Lot No. 8 first. I am keeping No, 8 and selling
No. 7 which has 120 feet on the water.
THE CHAIRMAN: According to the subdivision map dated
1955 and revised July 3, 1964 by Van Tuyl these lots were
each approximately 26,000 sq. ft. In other words, this
subdivision was created before the Ordinance went into
effect. It's an unfiled map but the lots seem to be of
reasonable size and in conformity with surrounding lots.
The adjoining lots are approximately the same size.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to divide and set off lot with
insufficient frontage and area on the south side of Jockey
Creek Drive, Southold, New York. The findings of the Board
are that the proposal is to divide Lots Nos. 7 and 8, which
are in common ownership, and retain Lot No. 8. Lot No. 7
has 75 feet on Jockey Creek Drive and 120 feet on the water,
with 220 feet on the westerly boundary and 240 feet on the
easterly boundary. The. Board finds that the lots are of a
reasonable size and in conformity with surrounding lots.
The Board agrees 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.
On motion by Mr. Hulse, seconded by Mr. Grigonis, it was
RESOLVED, John & Katherine Frosina, Oaklawn Avenue,
Southold, New York, be GRANTED permission to divide and set
off lot with insufficient frontage and area on the south
Southold Town Board of Appeals -15-
May 23, 1974
side of Jockey Creek Drive, Southold, as applied for,
subject to the following condition~
That the sideyards shall not be decreased below
25 feet (10 feet on one side and 15 feet on the other
side).
Vote of the Board:
Grigonis, Hulse.
Ayes:- Messrs: Gillispie, Bergen,
PUBLIC HEARING: Appeal No; 1906 - 8:50 P.M. (E.D.S.T.),
upon application of Bage Construction Co., Inc. a/c Marshall
Hansen, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to reduce sideyard with
insufficient sideyard area. Location of property: Ship's
Drive, Lot 13, Map of Bayview Woods (#5520), Southold, New
York. .Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: The application is accompanied by a
survey by Van Tuyl dated May 22, 1973 which indicates that
the house faces on Ship's Drive, Map of Bayview Woods Estates,
Southold. It is incorrectly positioned, too close to the
southerly sideyard.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. EDWARD J. BAGE: It was an honest error.
was no attempt to circumvent the zoning laws.
There
THE CHAIRMAN: I am sure there was not.
~oundation check on this?
Wasn't there a
MR. BAGE: There is no bank mortgage. The only time I
have ever come across that is if there is a bank mortgage.
THE CHAIRMAN: I believe it is in our Ordinance. One
of the reasons for it being there is to prevent this sort of
thing from happening. However, the courts will not sustain
moving a house but we have had instances where walls had to
be moved. In this case, we should require that the minimum
side yard be increased to make up for the deficiency on the
other side.
SOUTHOLD, L. I., N. Y.
11971
TELEPHONE (§15) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
Gerard P ~ Goehringer
May 7, 1980
TO:
Re:
N.Y..S.. Department of Environmental Conservation
Suffolk County Health Department
Appeal No. 2.699- Application of FRANK & JACQUELINE WEBER
Location of Property: 2030 Jockey Creek Drive, Southold, NY
Dear Sirs:
This Department has received the subject application for
permission to construct dwelling with insufficient sideyards
at 2030 Jockey Creek Drive, Southold, New York.
Pursuant to Article 8, Environmental Conservation Law~
6 NYCRR Part 617, and Chapter 44 of the Code of the Town of
Southold, notice is hereby given that the Southold Town Board
of Appeals has determined that the project does not appear to
have a significant, effect on the environment; and the project
is classified as a Type I.I Action*.
As an agency which may also be involved, you are hereby
requested to indicate whether or not you agree with this
Department's assuming lead-agency status and our initial
determination of non-significance for the subject project if
implemented as planned.
Please let us know your cOmments and recommendations on
this action not later than May 22, 1980 ~e shall
interpret a lack of response to mean no objec[ion by your
agency.
Sincerely yours,
CHARLES GRIGONIS, JR., Chairman
Enclosures
CG:lk By: Linda Kowalski, Secretary
*Subject to D.E.C. and County Health Department recommendations
and/or approvals.
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
APPEALS. 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. 2699 Application of FRANK & JACQUELINE WEBER,
2030 Jockey Creek Drive, Southold, New York 11971.
Location of Project:
2030 Jockey Creek Drive, Southold.
Permission Requested: To construct dwelling with insuffi-
cient si~eyar~s, per attached.
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 De 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 7, 1980.
* Subject to D.E.C. and County Health Department approvals and/Or
recommendations.
SHORT
TO~N OF SOUTHOLD
EORoNMENTA~ ASSEssMEN_~ FO_~
INSTRUCTIONS:
(o) I~ or'der to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the ac{ion. It is not expected that
additiona! studies research or o~her investigations will be undertaken.
· may be
. . (b) If any question has been answered Yes ~he project
s~gnifican~ and a completed Environmental Assessment Form is necessary.
(c) Xf all questions have been answered No' it is ~ike~¥ that
project is not Significant.
(d) Env£ronmentaI Assessment
~. ~i'Z~"pro]ect resul'~ in a ~arge physical change
to the p~o]ect' site or physically a~ter more
than l0 ac~es of ~and? ........................: _-Yes-~N°
2. ~i~ there be.a major change to any unique or
· .unusual la~d form found on the-sit'e? ..... .....:' _' -~Yesx/N°:_ _ _
3. ~11 pro~ect alte~ or have a large effect on
Yes~"No
body Of ~ater
4.' ~[l p~o~ect have a potentially large impact
' Yes S(No
on g~oundwat6~ quality? .... '
5, Will project s~gnificantly effect drainage
f~ow on adjacent, sites? ....................... ~
~, Wil~ 'project affect any threatened o~
-endangered. plant or animal species? ........... . Yes~k/.No
7. Will project result in o majo~ adverse effect
Yes ~ No'
on ai~ quality? ...............................
8. ~il! p~o]ect have a major effect on visual
character of the community o~ scenic v~ews or
vistas known to.be important to the community?=_
~. ~ill project adversely ~mpact any si~e or ..
structure of historic· prehistoric or-
poleonlological importance or any mite
~esignoted os a critical environmen{al oreo
Yes)~No-
lO. Will pro, ecl-hove o momor effect on existing
or ~u[ure recreational opportunities? .........., .... Yes
Il. Will pro,ecl result in mo~or traffic problems
or. cause o mo~or e[fec~ ~o existing
{ronsporlo{ion systems? ....................... .__'Yes-
12. Will pro~ect ~gulorly cause objectionable
odorm~ no'ise~ glore~ vibro~ion~ or eleclricol
dislurbonce os o result oF the pro~ect'~
13. ~ill project have. any impact on public heallh -
sore[y? ' Yes ~No
14. Will pro,ecl affect the existing community by
direcl~y causing o growth ~n permanent
population of more than 5 percent over o one
year period or have o molar negative
on [he choraller o~ lhe community or
neighborhood~ .................................. ~Yes: ~ No
15. Is lhere public controversy concerning the
Yes: No
project? ......................................
PREPARER'S sIGNATu E. _ . /. ~ - -- /
Notice of Hearing was delivered personally to Suffolk Times and
L.I. Traveler-Watchman. Mailed notice to "The Day" Publishing Co.
On Wednesday, May 7, 1980
Notice of Hearing to be held 5/22/80 was mailed to:
Mr. Marino Faraguna, 175 Park Ave, Berkeley Heights, NJ 07922
Mr. and Mrs. Emanuel Lorras, Depot La, Cutchogue, NY
Mr. Victor E. Catalano
Mr. Frank E. Brophy
Mr. and Mrs. Richard Lindsay
Mr. Kenneth Strachan, Jr., Peters Neck Road, Orient, NY 11957
Ms. Rene Gendron
Rudolph H. Bruer, Esq. as agent
Mr. and Mrs. Frank Weber
Mr. Robert W. Brooks, Holmes Road, East Lyme, CT 06333
Philip J. Ofrias, Jr., Esq. as agent for Richard ZeiSler
K
JUDITH T. TERRY ·
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
To:
From:
Southold, L.I.,N.Y. 11971
April 30, 1980
Soug. hold Town Zoning Board Of Appeals-
Judith T. Terry, Town Clerk
TELEPHONE
(516) 765-1801
Transmitted herewith is Zoning Appeal NO. 2699 application Of Frank & Jacqueline
~eber for a variance. Also included are notilfic~t~on to adjoining property
owners as fellows: ~arg~ret' & ~ohn l~Ohl'ber'g, Box 1607, South61d~, N.Y. 11971.
Donald W. Blackburn, BOx 375, Southold, N,~Y'~ 11971. ' '
JTT/bn
cc'file
Enc. /
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of the Town of Southold
TO: Margaret & John Wohlberg
P. O. Box 1607
Southold, Iq. Y. 11971
NOTICE
:
4/28/80
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) (Spec~ £~eeptio~) (Spec~at-Permk) (the fOllowing relief: for insufficient
sideyard distance
o
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: immediately west of your property bounded north by Jockey Creek Drive,
west by property of D. W. Blackburn and south by Jockey Creek
3. That the property which is the subject of such Petition is located in the following zoning district:
resiclcntial
4. That by such Petition, the undersigned will request the following relief:
to be constructed with side yards of 9'9" and 15'6"
to allow resideli~'e
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art. III 100-31
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
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 n6tice 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: ' April 28, 1980 ~ SACCO & AHLERS A/E
: a/c Frank & JacqUeline Weber
Petitioner
Post Office Address
Box 721 ~ 54655 Main Road
?~nthnld: 'N. ,¥- 1 !071 ,
NAME
Margaret & John Wohlberg
P19 4028087
RECEIPT FOR"~eLL'R~FIED MAIL
NO INSURANCE CovERAgE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
STREET AND NO.
Z~o~ /601
P.O., STATE AND ZIP CODE
3 o,.,ryo~P 1/?"]}
~STAGE
CERTIFIED FEE
~ RESTRICTED DELIVERY
~ m SHOWTOWHOMAND
o ~ DATEDELIVERED
~ ~ SHOWTOWHOM, DATE,
AND ADDRESS OF
~ ~ OELWERY
~ ~ ~ s. OW~OW.OM~..~.
~ ~ST~R, OR OA TE
APR
PROOF OF MAILING OF NOTICE
ADDRESS
Box 1607 Southold, N. Y. 11971
J]
STATE OF NEW YORK)
COUNTY OFSUFFOLK)
SS.:
, being duly sworn, deposes and sayS.tha~'n the (~_.~ da~'
of /~xo_~..~.~_. .1 9 .C~49 . deponent mailed a true copy of the Notice set forth on the re-
verse side .her~of, directed to each of th~ above-named persons at the addresses set opposite thei.r respective
names; that the addres~s set opposite the names of said persons are the addresses of said perSon=as shown on
the current asseDsdme, nt' rxgll ~of.the_Town of Soutl~old; 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 to before, me th~, \ L.~ ° , : i
dayof d~ ,19
~ --- Notary Public-
Juo!TH T. T~RR~ Vo~
Public, S~te of N~
BOARD OF APPEALS, Town OF SOUTHOLD
In the Matter of the Petition of :
:
:
to the Board of Appeals of the Town of SoUthold :
TO:
Donald W. Blackburn
Box 375
Southold, N. Y. 11971
NOTICE
4/28/80
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to ~etition the Board of Appeals of the Town of Southold
to request a (Variance) (Special-Exception) (Special Permit) (the following relief: for in.mfffio, ient
sideyard distance
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: immediately east of your property bounded nOrth by Jockey Creek Drive,
south by Jockey Creek. east by property of Margaret & John Wohlberg
3. That the property which is the subject of such Petition is located in the following zoning district:
residential
4. That by such Petition, the undersigned will request the following relief:
to be constructed with side vards of g'g" and 15'6"
to allow tesidence
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art. III 100-31
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
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: ' April 28, 1980
SACCO & AHLERS A/E
a/c Frank & JacqUeline Weber
Petitioner
Post Office Address
Box 721 54655 Main Road
Southold, N, Y. 11971
NAME
Donald W. Blackburn
P19 . n78088
RECEIPT FOR CERTIFIED MAIL
NO INSURAHCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
STREET AND NO.
P.O., STATE AND ZIP CODE
CER'F~ED
RESTRICTED DELIVERY
~ ~ ~ SHOWTOWHOM AND
~ ~ ~ SHOW TO WHOM, DATE
~" ~ ANDADDRESSOF
~ _ DELIVERY
~ ~ SHOW TO WHOM AND DATE
~ DELIVEREDWITH RESTRICTE[
~ ~ DELIVERY
TOTAL S O~NO FEES
~ST~R ~ OR DATE
PROOF OF MAILING OF NOTICE
ADDRESS
Box $75 Southold, N. Y. 1197!
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
of /'~ .~_~_.. ,19 _2~.~_~, deponent mailed a true copy of the Notice'set forth on the re-
verse side,he~-e~of, directed- to each of the above-named persons at the addresses set. opposite their respective
names; that the addresses set ;opPOSite tee n~s'~f said persons are the addresses ~of said persor~s~as shown on
the current a~ssessm~t, rqll of the .-To~ wn of.Southold; that said Notices were mailed at the United States Post Of-
fice at _~~ "'~/'.C~:: .... ~ ~ : ~ \ ; that said Notices were mailed to each of said persons by
(certified) (registered) mall' ~_J
SWorn to before me this '-' ~ '
day of ~- ,-:-~--~--~
~ - NOtary Public
~ Public, 8ta~
~No. 52.~9~~--~ ~ of N~ Yo~ .
~mmlSSlon ~ ....uf~lk ~u~.
.,~e. ~ aO, i~ /
, residing at /~' '~.c~.
, being duly sworn, depOSes and SaYstt'hat orVthe ~ day
CREEK
DR.
' ,,.,:/. - " "..:-. }
RD- (
. :' gA(c)','":-'* :.~' '?-
TOWN OF souTHOLD
(UNDERWATER '.:: '!
AVE.
26
Unauthorized alteration or addition to this survey is a violation of
section 7209 of the New York State Education Law.
Copies of this survey map not bearing the land surveyor's inked
seal or embossed seal shall not be considered to be a valid copy.
¢~,,~,v~,,,~,,?.~ Guarantees or certifications ind'icated hereon shall run only to the
~/4"0 /'g:_-~-- ~ .... person for whom the survey is prepared, and on h~s' behalf to the
EEK _~.,, }j~e compeny governmental agency and lending institution listed
~/"{'1 ¥1~reon, and t~ the assignees of the lending institution. Guarantee~
O C KEY or certifications are not transferable to additional institutions or
subsequent owners.
x. o~
supp~ &
~ 1 '
~.~ of
S.
~OCKEY C~EK
,. , SU~ C~NTY T~ M~P ~IGNATI;
TOPOGRAPHICAL SURLY ~R
~ANK 8 JACQ~LI~ E WEBER
AT S~ THOLD ·
SCALE: 1"~30'
MAY ~3, 1979
° t'4 o"~
f j-iI £
· /: ,
'75 __
0
IOL 0 T I~LA N Tt~K&N ~01~
by an Architect or Licensed Prefes-drawing. Change,
sional Engineer, is ille~l '. '
S~tion 7209, Su~Nision 2. ~mns to or r~use of drawinD
o~ Architect or
N. y, State Edu~tlon ~w,. ~ ~al and ~ture on
ALBERT A. SACCO,
~NO GORDON K. AHLEE.~
AR~Z~ITECTS & ~NGINEF~S'
5~55 ~lg AOAD SOU~, N.Y. t~