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HomeMy WebLinkAbout2614 © 0 LEGAL NOTICE NOTICE OF HEARINGS 9ursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals at Town Hall, Main Road, Southold, New York, on Thursday, October 11, 1979 on the following hearings: 7:30 P.M. fD.S.T.) Upon application of Charles and Edna Hart, Smith Drive Southold, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100v31, for permission to subdivide with insufficient area and for permission to construct dwelling with insufficient rearyard setback. Location of proper- ty: Smith's Drive North, Southold, New York; bounded north by Smith Drive; south by Smith Drive South; east by Smith Drive South; west by Carway and Hoffman. 7:45 P.M. (D.S.T.) Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York (Irv- ing L. Price, Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct dwelling with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New York, bounded north by Corey Creek Lane; south by Corey Creek; west by Hammerschlag; east by Corey Creek Lane. 8:00 P.M. (D.S.T.) Upon application of Reich Brothers Automotive Service Inc., Front Street, Greenport, New York (William H. Price, Jr.(Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91, for permission to operate an Automotive Repair Shop. Location of property: Rocky Point Road, East Marion, New York; bounded north by Edwards; east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York (George C. Stankevich, Esq.) LEGAL NOTICE NOTICE OF HEARLNGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals at Town Hall, Main Road, Southold, New York, on Thursday, October 11, 1979 on the following hearings: 7:30 P.M. ID.S.T.) Upon, Iapplication of Charles and · ~An~ Hart. Smith Drive South- Iold, Southoldv New York! for a · Variance to the Zoning Ordin- ance, Article 111, Section 100- 31, for permission to subdivide with insufficient area and fo~, permission to construct dweil~ ing with insufficient rearyard ietback. Location of property: Smith's Drive North, South- old, New York; bounded north by smith Drive; south byI Smith Drive South; east by I Smith Drive South; west by Carway and 7:45 P.M. (D.S.T.) Upon application of Thomas and .Iacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oak- dale, New York (Irving L. Price, Esq.), for a Variance to the Zoning Ordinance, Article HI, Section 100-31, for petrols- sion to construct dwelling with insufficient frontyard setback. Location of property: CoreyJ Creek Lane, Southold, New York, bounded north by Corey Creek Lane; south by Corey Creek; west by Hammer- sching; east by Corey Creek Lane. 8:00 P.M. (D.S.T.) Upon application of Reich Brothers Automotive Service Inc., Front ~.Street, Grcenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91, for permission to operate an Auto- motive Repair Shop. Location of property: Rocky Point Road, East Marion, New York; boun- ded north by Edwards; east by bi, Estate of Nowclh south by,~ Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York (George C. Stankevich, Esq.), for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section COUNTY OF SUFFOLK S FATE OF NE'~V YORK Patricio 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 kon~ Island Traveler-Watch- man once each week for .......... ~['"'~7 .................... weeks successiveiy, commencing on the ..... d.. ............................... , , ~oy~~ ............. , , 9_/.../.. Sworn to before me th~5 ....~ ........ ~y ov .......... ANTOi~¢i~'~ ~ERKOSKI ~* LEGAL NOTICE NOTICE OF HEARINGS Pursuant tQ Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings will be held by the Zoning Beard of Appeals at Town Hall, Main Road, Southold, New York, on Thursday, Oc- tober 11, 1979 on the following hearings: 7;30 P.M. (D.S.T.) Upon ~ nce, Article III, Section 100- J 31, for permission to subdivide with insufficient area and for permission to construct dwel- ling with insufficient rearyard setback. Location of property: Smith's Drive North, South- old, New York; bounded nortl by Smith Drive: south b, Smith Drive South; east b~ Smith Drive South: west b; Carway and Hoffman. 7:45 P.M. (D.STr.) I~pol application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oak- dale, New York (Irving L. Price, Esq. ), for a Variance to the Zoning Ordinance, Article II1, Section 100-31, for permis- sion to construct dwelling with insufficient frontyard setback. * Location of property: Corey Creek Lane, Southold, New York, bounded north by Corey Creek Lane; south by Corey Creek: west by Hammer- schlag; east by Corey Creek Lane. 8:00 P.M (D.S.T.) Upon application of Beich Brothers Automotive Service Inc., Front Street, Greenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Art- icle IX, Sections 100-90 and 100-91, for permission to oper- ate an Automotive Repair Shop. Location of property: Rocky Point Road, East Mar- ion, New York~ bounded north~ by Edwards; east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive~ Southold, New York (George C. Stankevich, Esq.), for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, width. Location of property: Main Road, East Marion, New York; bounded north by Rey- bine, south by Main Road, west by Limouze, east by Dam Pond. 9:00 P.M. (D.S.T.) Upon application of Vincent and Catherine Acunto, 35 Glenrich Drive, St. James, New York (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100~31 for permission to con- struct dwelling with insuffic- ient frontyard setback. Loca- tion of property: Gagen's Landing Road and Clearview Avenue, Southold, New York: bounded north by Clearview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lade- mann and Delyanis. 9:15 P.M. (D.S.T.) Upon application of Stuart F. Du- bom 293 Randall Avenue, Freeport, New York, (Gary Flanner Olsen. Esq.) for a Variance to the Zoning O~din- ance, Article III, Section 100- 31 for permission to construct a dwelling with insufficient sideyard Location of proper- ty: Southern Cross Road (or South Cross Road), Cut- chogue, New York; bounded north by South Cross Road; south by Hunt, Gurican, Mill- to; west by Moon; east by Wolber. 9:25 P.M. (D.S.T.) Upon application of Mattituck Hold- ing Co. Mill Road, Mattituck, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article VIll, Section 100- 80B(15) for permission to con- struct a boat storage shed. Location of property: We~t Mill Road, Mattituck, New York; bounded north by Holmes, Killian; south by Fou- dy, Ziegler, McGunnigle; west by Leo Grande, Inlet Lodge Inc.; east by Mattituck Creek. 9:40 P.M. (D.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article III, Section 100- 30B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. 9:50 P.M. (D.S.T.) Upon to creel off-premises di- rectiona ~gn. Location of property: Tabor Road and Main Road, Orient, New York; bounded north by Main Road, Ferreira, Gloria, Wer- inkowski, south by Orient Cen- tral Cemetery, west by Tabor Road, east by Terry. 10:35 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises di- rectional sign. Location of property: Main Road, South- old, New York: bounded north by Willow Hill Cemetery~ south by Bogovic, Goldsmith, west by Lower Road, east by Main Road. 10:45 P.M. (D.S.T.i Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Southold, New York; bounded north by Trav- eler Street, south by Main Road, west by Pudge Corp. and Dougherty, east by South- old Free Library. 10:55 P.M. (D.S.T.I Upon application of Soathold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Orient, New York~ bounded north by Main Road, south by Orient Harbor, west by Aha, east by Welles. 11:05 P.M. (D.S.T.I Upon application of Southold Town Democratic Committee. Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: County Road 27 and Cox Lane, Cutchogum New York: bounded north by County Road 2., south by Pietrewicz, west by Pietrewicz, east by Cox Lane. 11:15 P.M. (D.S.T.) Upon ant)lication of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. cation of property: County g duly Sworn, the SUFFOLK enport, in said ~cl is a printed ~eekly Times ...... weeks NO. S TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. No'rICE OF DISAFPROVAL PLEASE TAKE NOTICE tha, your application dated for permit to construct D~ELLIM6 ~ ~l~o ~ ........................................ t the premises located at .................................... Mop... ....... I Sb~ ~ G~S~ ~EC~ Lot[lO~lll rotumed horowith o.d dlsopprovod o. tho {oHow;n~ Orounds ...... ~.~.~.~.,~.~.[~..~.~.~. ............ · ~.[..~." r"'"~'~'""~P'~'"" '[ ~' ('~' ~ ~'L ~.~ ........ ~.~5 5 .......... ~ ~.....~.~.~[~......5~. ....... COOkr~ ¥ Tt~ × IOO0-- 075- 2- Building Inspector JOT5 II NEC/< O O TOWN OF SOUTHOLD, NL~4' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR T~) THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ....... ~.~...~.~..~..~...0.. .................. i .................................... ~.,..~ ......... .EREBY 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 ............................. Name of Applicant for permit of ........ Street and Number Municipality State (V~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY . ../..'~..[~...~ .... .... ..................... ,......: ........... ::..': ............. Street Use District on Zoning Ma~o__ ......... Z..~....~....5... .................... z.~,.z~.~..,..~.,u.o,~ Map No. Lot No. ' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph ~ the Zoning Ordinance by number. Do not quote the Ordinance.) 3. 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 of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this deFision 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm ~x~! (Continue on other side) STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecee- vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANG~THE CHARACTER OF THE DISTRICT because ')' H ~ L/Af~/,a;/V~/.E I, Oo ta,' O ,/Vo~- ~AI~6: ~. T-l/'~- OF NEW YORK ) ~1 ,...~,...,~. ~,,,,~ STATE ... , - .) ss '. · ....~ ............................................... COUNTY ) Signature Sworn to this .............. C:~.~,.~. ................ PUBLIC. StIte of New York 52-812585~, Suffolk Coun~ Ex~ires Match 30. IgC4~ May 29, 1990 Board of~Zoning and Appeals Town of ~outhold Town Hall Southold, New York 11971 Re: Estate of CHARLES HART Dear Members of the Board: On February 15, 1990, I sent the enclosed letter to the South~ld Town Tax Assessor. After numerous conversations with the Town Attoz~e~s, I have been asked to request an opinion deoisio~ from the Board of Zoning and Appeals. Mr. and Mrs. Charles Hart obtained a variance to subdivide under appeal number 2614 (copy enclosed). Due to serious physical illness of both Mr. and Mrs. Hart, no further steps were taken after the variance was granted. After the death of Mrs. Hart ~t~ 1985 and ~r. Hart in October, 1989, it was discovered by the ~~'s two children that the County ~ad "merged" the Harts parcels, ~ch were the subject of this variance. It was always Mr. and Mrs. Hart's belief that after their variance was granted th~two parcels existed as two separate lots and it was their intention that these two lots (one of which is improved) would be ~:~ole source of their children~' inheritance. An extreme hardship on the Harts children and grandchildren will be imposed unless the Board of Zoni~ and Appeals issues an opinion that the 1979 variance is still valid, in that the value of the parcels wi{bout the variance, could be twenty to forty percent diminished. Legally, it is settled law that a variance, once granted, runs with the land [Clearview Gardens Pool Club, Inc. v Foley, 19 AD2d 905, 244 NYS2d 969 (1963, 2d Dept) affd 14 NY2d 809, 251 NYS2d 38, 200 ~2d 217]. O O Board of Zoning and Appeals May 29, 1990 Page Two Based on the facts and hardship, please be so kind as to issue an opinion decision affirming the 1979 variance. Sincerely, Michael J. Hall MJ~/bal enc. February 15, 1990 Southold Town Tax Assessors Town Hall Southold, NY, 11971 Re: Property owned by Charles and Edna Hart Smith Street Southold, NY Present SCTM 1000-76-02-37.1 Formerly SCTM 1000-76-02-36 and SCTM 1000-76-02-37 Gentlemen: Please be advised that I represent Linda Burke and Phillip Hart, the only two children and sole heirs of Edna Hart, who died a resident of Southold Town on June 15, 1985 and Charles Hart, who died a resident of Southold Town on October 22, 1989. Mr. and Mrs. Hart (or their own trust)were the owners of the above-referenced property at the time of their death. The subject property originally consisted of several small parcels from the "Map of Goose Neck" Subdivision, created in 1948. In 1979, the Harts obtained a variance from the Southold Town Zoning Board of Appeals approving two separate building parcels, one of which already contained the Harts' home and the other kept vacant to be bequeathed to their children upon their death. During the entire time both before and after the variance was granted, both parcels were held in identical ownership: "Charles Hart and Edna Hart, his wife." In 1985_, Mr. and Mrs. Hart, who were following the advice of a professional financial and estate planner, deeded bothparcels to Trusts of which they were the primary trustees and Linda Burke and Phillip Hart were the recipients upon their death. Apparently, as a result of this deed transfer, either your office or the Suffolk County Tax office merged the two parcels in approximately 1986, even though both parcels were held in common ownership for many years prior to this transfer. It is settled Zoning law in New York that a variance, once granted, © O ~'uns with the land, and I believe that the merger of these two parcels in 1986 was an error. There was only a change in equitable ownership of both parcels. Inasmuch as this error was not discovered until both Mr. and Mrs. Hart were dead, and since the continuation of this error would cause serious hardship to the Harts' only children, I hereby request that the two parcels be restored to their original separate tax lots immediately. Sincerely, Mi~a~l J. Hall MJH/bl encs. CC Southold Town Attorney Hon. Scott Harris, Town Supervisor VALERIE SCOPAZ TOWN PLANNER TO: FROM: DATE: RE: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 Matthew G. Kiernan, Assistant Town At Valerie Scopaz, Town Planner ~$ March 12, 1990 Property of the late Charles and Edna Hart: Your memorandum of March 5, 1990 In reviewing the facts of the case, namely Michael Halls's letter to the Tax Assessor's office, the Zoning Board's decision of October 1979, and the Planning Board's files, it is evident that the Harts failed to comply with the Zoning Board's condition of approval. The Zoning Board's decision clearly states two conditions of approval: one condition was that Planning Board approval for the subdivision be obtained. There is no record in the Planning Board's files of such an application being made or granted. Presumably the heirs of the Harts could come in now and make application to the Planning Board for a two-lot subidivision (or a set-off if the Planning Board so determines), provided the Town has no problem with recognizing the validity of the variance. The validity of the variance is not at all clear. It is important that you and Harvey and the Town Board clarify whether the 1979 variance can be recognized under the 1989 Zoning Code amendments. One of the issues that had come up last year was whether a variance that had never been acted on or that had conditions that had never been met could be considered .valid. Victor, Jay 'Schondebare and I researched this question carefully. It was decided that this question needed to be answered by the Town Board because the Town Board had made it clear that it did not want any grandfathering to take place when the 1989 amendments were adopted. However, it failed to specify how the Building Department and the Planning Board were to regard those variances that had not been either fufilled or enacted by the 1989 enactment date of the amendments. This question also existed where site plans were concerned. However, in May of 1989, the Town Board cleared that question up by placing a three year limitation on site plan approvals granted prior to May of 1989. Accordingly, I think the Town Board should address this matter. My suggestion is that this general ~uestion (not the specifics of this case) be brought to the attention of the Planning and Zoning Committee for discussio~ and decision on whether to make a recommendation to the Legislative Committee. cc: Planning Board Zoning Board Victor Lessard Tom Wickham, Chairman, Planning and Zoning Committee Harvey A. Arnoff Town Attorney X X X ~X ~X~X~( XX X X X~(~r~K~ XO[~(90( X Matthew G. Kiernan Assistant Town Attorney OFFICE OF THE TOWN ATrORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE {516) 765-1939 FAX NO. (516) 765-1823 DATE: March 5, 1990 TO: Valerie Scopaz FROM: RE: Matthew G. Kiernan Property Owned by Charles and Edna Hart Enclosed please find a letter from Michael J. Hall, Esq., dated February 15, 1990 regarding property owned by Charles and Edna Hart in Southold. Also enclosed please find the minutes of the Southold Town Board of Appeals of October 11, 1979 in which the Hart's were granted a variance. After you have had an opportunity to review the enclosed documents and to determine the status of the parcel(s), please see me so we can discuss possible resolutions of this situation. February 15, 1990 Southold Town Tax Assessors Town Hall Southold, NY, 11971 Re: Property owned by Charles and Edna Hart Smith Street Southold, NY Present SCTM 1000-76-02-37.1 Formerly SCTM 1000-76-02-36 and SCTM 1000-76-02-37 Gentlemen: Please be advised that I represent Linda Burke and Phillip Hart, the only two children and sole heirs of Edna Hart, who died a resident of Southold Town on June 15, 1985 and Charles Hart, who died a resident of Southol~ Town on October 22, 1989. Mr. and Mrs. Hart (or their own trust)were the owners of the above-referenced property at the time of their death. The subject property originally consisted of several small parcels from the "Map of Goose Neck" Subdivision, created in 1948. In 1979, the Harts obtained a variance from the Southold Town Zoning Board of Appeals approving two separate building parcels, one of which already contained the Harts' home and tile other kept vacant to be bequeathed to their children upon their death. During the entire time both before and after the variance was granted, both parcels were held in identical ownership: "Charles Hart and Edna Hart, his wife." In 1985_, Mr. and Mrs. Hart, who were following the advice of a professional financial and estate planner, deeded both'parcels to Trusts of which they were the primary trustees and Linda Burke and Phillip Hart were the recipients upon their death. Apparently, as a result of this deed transfer, either your office or the Suffolk County Tax Office merged the two parcels in approximately 1986, even though both parcels were held in common ownership for many years prior to this-transfer. It is settled Zoning law in New York that a variance, once granted, runs with the land, and I believe that the merger of these two parcels in 1986 was an error. There was only a change in equitable ownership of both parcels. Inasmuch as this error was not discovered until both Mr. and Mrs. Hart were dead, and since the continuation of this error would cause serious hardship to the Harts' only children, I hereby request that the two parcels be restored to their original separate tax lots immediately. S~Tely' MiChael J. Hall MJH/bl encs. CC Southold Town Attorney/ Hon. Scott Harris, Town Supervisor ., 0 0 Sl3UTHQLD~ L. I., N.Y. 11971 TELEPHONE (516) 765-180! APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS· Acting Chairman MINUTES SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 11, 1979 A regular meeting of the Southold Town Board of Appeals was held on October 11, 1979 at 7:30 P.M. (D.S.T.) at the Town Hall, Main Road, Southold, New York 11971. There were present: Messrs. Robert J. Douglass, Acting Chairman, Charles Grigonis, Jr., Terry .R. Tuthill, Jr. and Serge Doyen, Jr.. PUBLIC HEARING. Appeal No. 2614. Upon application of Charles and Edna Hart, Smith Drive, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to sub- divide with insufficient area, and for pe.rmission to construct dwelling with insufficient area, and for permission to construct dwelling with insufficient rearyard setback. Location of property: Smith's Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway & Hoffman. -The Acting Chairman opened the hearing at 7:39 P.M. by reading the application for a Variance, read'ing legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining prop- erty Owners was made to Robert Hoffman and John J. Carway; fee paid $15.00. MR. DOUGLASS: We have a copy of the survey and a section of the County Tax Map showing the property. It haDp~n~-belF~n a C ong half-circle where t~e Nort~ Drive and SoU~h ~r~ii~bin. Is there anybody in the audience wishing to speak for~l~'application. (THERE WAS NO. RESPONSE.) ' ':~ MR. DOUGLASS: Is there anybody in the audience wishing to ' ~s~ !~is application? (THERE .~.NO RESPONSE. ) ~4~. D~UG~A~S: Then I'll say a couple of words. property, why what it was, when it was originally set up, it was four little lots that before zoning they could have built on, but today they can't. And what they have now is they have a house on one of the lots and a garage on the other and they propose to divide off that and build a house on the remaining piece, which would be a part rectangle and part quarter-circle. Looking on the survey they show that they are asking 35-foot setback here, and it would appear that they are asking 35 there. We see where they are asking for the rearyard setback, but the frontyard is short. In inspecting this MR HART: There is a 35-foot setback on that particular block. MR. DOUGLASS: Are you the applicants? MR. HART: Yes. MR. DOUGLASS: anything. I asked if there was anybody that wanted to say MRS. HART: We thought our neighbors. MR. DOUGLASS: Now, on here, would you please step up here? On your drawing you have 35-foot here. MR. HART: That's the rearyard. MR. DOUGLASS: But you only have 35 feet out here and this is frontyard. MR. HART: That an existing setback. MR. DOUGLASS: But you have to have a variance on it because the setback under the zoning code now is 50 feet. MR. HART: Well, according to the Building Inspector we had to conform with the existing houses in that block, and that's what we did. MR. DOUGLASS: Yes, but you have to ask for it. MR. HART: We did. That's what we are doing now. MR. DOUGLASS: No, you're asking for rearyard. MR. HART: Well, this we left up to the Building Inspector to- We felt there was no variance required for the setback in the frontyard because according to him we had to meet the existing setback. MR. DOUGLASS: That's what would be granted but it should have been applied for in here. MRS. HART: He should have told us that when we went in. We spent .SOUT~OLD TOWN BOARD ~APPEALS -3- tober 11, 1979 three hours here one day, a couple of weeks ago, and he sketched that in for us. I{e .sketched that house in there. MR. DOUGLASS: You see, you're in a situation here on a curve straight and then a curve- You actually have two frontyards. This ~ one here on the curve part here you are perfectly all right. Now, on this you only have 35 feet, so this application should ask for it. MRS. HART: We didn't know that. MR. MR. of filed MR. MR. GRIGONIS: Did the building inspector deny it on that? DOUGLASS: He put insufficient area. Not on excepted list subdivisions...insufficient rearyard, is all he put. GRIGONIS: He probably assumed it as frontyard. HART: How could you possibly build on the property 100 feet deep, if you have to set your house back 50 feet, what do you have? You have to have a 50-foot backyard? MR. DOUGLASS: No, that isn't the point. It would be granted to the existing thing, but it must be asked for. There is no such thing as approving something that is not asked for. MRS. HART: Don't you think we should have been advised of that when we applied to him? MR. DOUGLASS: There is no question about that. MRS. HART: I don't-want to go through all that again. We don't even know if we want to build this house. We just want to know can we build a house there. MR. DOUGLASS: Well, then, what you are interested in really is subdividing the piece? MR. HART: That's what we are doing, to find out if we can build on it? This is why the whole thing is brought about. MR. TUTHILL: When you plan to build your house then you would Come in and reapply for that. 'MR. HART~ So I could build a house on this without a variance if you would look at the survey. I can put it on there without that side. I could have a 50-foot rearyard and il-foot sideyard and 50-foot frontyard without any variance. MR. DOUGLASS: There is no way in the world you could get on that property without a variance. MR. ~narrow. MR. MR. HART: You could change the house and ake ~t~long and .... DOUGLASS: It would really be narrow. (i/ ~ HART: We have a 100 feet there, we could move"~h~s house SOUTHOLD TOWN BOARD OF APPEALS -4- October 1~, 1979 over here within 11 feet of this then I would have 20-foot house, still 50 feet in here. and MR. DOUGLASS: You can come down here by using this as a sideyard but then you would have to have, one of these you are allowed to have as a rearyard and one as a sideyard. A rearyard has got to have 50 ~ feet and the front has to have 50. But you have two fronts. So you still have to get 50 in the rear with, and you can't do that without a variance which there is no problem. It's not correct the way it is, What we can do is subdivide it. You're still, the surrounding neighborhood that you are in is all by subdividing it. You're still within the standard of all the surrounding neighborhood. It's all that size or smaller. So, if it's ~- if we cross out the asking of the setback until you want to c6me in with a house, we can subdivide it. I'll make a motion that the subdivision be allowed with the 'stipulation that only one dwelling can be on those two lots. MRS. HART: That would be all right. That's all we would want. MR. DOUGLASS: Then when you want to come in with a house plan, then you will have to come back for a variance on the setback because we cannot, if we give you the variance on the rearyard you will have to come back for a frontyard variance anyway. So if you wait until you see what house you want to put on it, then come in, then you will know what footage you'll want. MRS. HART: That's all right. MR. TUTHILL: We could give him an undersized lot but that's about it. MR. DOUGLASS: Right-~ MRS. HART: That's all right with you? MR. HART: Yes. MR. DOUGLASS: So I'll make a motion that the subdivision of this piece into making lots 108 and 109 one independent lot with the stipulation that only one dwelling may be built on it in the future. After investigation and inspection, the Board finds that the applicants are requesting a subdivision of merged four lots into two parcels thereby leaving again insufficient area for each lot, and requesting a rearyard setback as a result of the proposed house location On parcels 1000-076-2-6 & 7. However, the Board notices that a frontyard variance will also be required and was not included in the Building Inspector's Disapproval nor in the variance applica- tion as submitted. The Board agrees with the reasoning of the applicants as submitted in their application for a subdivision but does not agree with the setback as requested inasmuch as another ~arlance will be required. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship, the hardship SOUTBOLD TOWN BOARD OF APPEALS -5- ~ctober 1%,~1.979. created is unique and would not be shared by all properties alike in the i~ediate vicinity of the property and in the same use district; f~nd the variance for the subdivision as requested will not change the ~haracter of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that CHARLES AND EDNA ~RT, Smith Drive, Southold, New York 11971, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to subdivide with insufficient area, but that the Variance for permission to construct dwelling with insufficient rearyard setback BE DENIED WITHOUT PREJUDICE. The Variance for a subdivision as requested is subject to the following CONDITIONS: (1) Southold Town Planning Board approval, (2) Suffolk County Planning Commission approval. Location of property: Smith's Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway and Hoffman. Vote of the Board: and Doyen. Ayes: Messrs. Douglass, Grigonis, Tuthill PUBLIC HEARING: Appeal No. 2610. Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York (Irving L. Price, J~., Esq.) for a Variance to the Zoning Ordi- nance with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New York; bounded north by Corey Creek Lane, south by Corey Creek, west by Hammerschlag, east by Corey Creek Lane. The Acting Chairman opened the hearing at 7:52 P.M. by reading the application for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient frontyard setback, reading the legal notice of hearing and affidavits attesting to its. publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that' notification to adjoining property owners was made.to the Hammersch!ags and the'Ebelers; fee paid $15.00. ~ Mr. Douglass read the Southold Town Wetlands Permit jull with all conditions. ~LR. DOUGLASS: I have a copy of the survey map of the property and the situation where the house and the sewage, water and so on will be. I also have a section of the County Tax Map which shows the piece of property on it. I have a copy of the Town of Southold Wetlands Permit #27 that was granted by the Town Board according to information furnished in application #39 filed by applicant_on June 15, 1979 to the Town Clerk. .~ .~ ~ #27 in COMMISSION l~e E. Kop~l~n .J ' Suffolk Coun. " JOHN V.N. KLEIN. Couoty Ex~t~e Vetera~ Medrol Highly Haup~e. L. ]., N. Y. 979-2918 11787 October 22, 1979 Town of Southold Board of Appeals ~ursuant to the requirements cf SEctions 1323 ~o 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. Applicant Municipal File Number ~aomas '& Jacqueline OcChiogrosso Kiwanis Club of Southold IKiwanis. Club of Southold. Charles & Edna Hart 2610 2612 2613 2614 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning CH~£F PLANNER K JUDITH T. TERRY · TOWN CLERK I~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 24, 1979 To: SOuthold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning APpeal No. 2614 application of Charles & Edna Hart for a variance. Also included are notification ~o adjoining property owners as follows: Robert Hoffman, 83 W. 4th Street, Deer P&~k, N.Y~ 1172R~ John J. Carway, 155 Emory Road, Mineola, N.Y. 11501. JTT/bn cc:file Enc./ O O TOWN CLERK 765,.3783 Building Dept. F1anning Bd. 766-2660 Board of Appeals 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, the Board of Appeals . of the town of . (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 HART, Charles & Edna Smith Drive Southold, NY 11971 Appeal No. 2614 ................ Special permits ....X.~ ........ Variances tO set,off lots with insufficient area Location of affected land:...S...m. ,~.,t.h.....D..r...i..~..e.....N. 9r..t...h..¢ ....S..o...L3:. ~hO..1...d. ,;.....N~... ............................................... within SO0 feet of: (check one or more) County Tax Map No. 1000-076-02-2,7,36,37 ..X...x. ........ Town or village boundary line, or shore line ................ 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. ................ ~ateorcounW ownedparcelonwhichapublicbuildingissituated Commen~:Variance to set -off with insufficient area and to build with insufficient rearyard was granted subject to recon~endations of the Town Planning Board and approval of the Suffolk County Planning Com- mission. Parcels were originally set-off into four lots but became merged because of "same o%¢nership~ Applicant is now asking to set- off into two lots. Dam: ....9£~.9~..~.,....~.~!~z (signed) Linda F. Kowalski Secretary T/t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Southold Town Board of Appeals -~OUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS~ Acting Chairman October 16, 1979 Miss Muriel Tolman, Secretary Sou%hold Town Planning Board Town Hall Sou%hold, NY 11971 Re: Mat%ers before the Board of Appeals Requiring Planning Board Recommendation/Procedure/Approval Dear Mert: The following matters have been heard by this Board on Thursday, October 11, 1979 and were considered favorably subject %o %he following conditions: Matter of Appeal No. Determination & Conditions HART, Charles & Edna County Tax Map ~1000-076-02- 6,7,36,37. (see at%ached) 2614 Minor Subdivision recommenda- tion of the Town Planning Board; Suffolk County Plan- ning Commission approval; variance application for frontyard setback. REICH BROTHERS 2611 County Tax Map #1000-31-2- 20,21. (see attached) ~ICKINSON, Ralph H. County Tax Map #1000-128-06-05. (see attached) 2629 Site Plan Approval of the Town Planning Board. Special Exception approved for lease purposes only; if purchased must re-~pply. Subject to property being a legally set-off lot by the Town Planning Board; Suffolk County Planning Commission approval; appli- cation for approval of access %o Board of Appeals and insufficient area %o set-off lot if not on file as a legally set-off lot. O Southold Town Planning Board -2- October 16, 1979 The following matter was recessed until November 15, 1979 in order to allow applicants to negotiate an alternate right-of- way %o their premises with Mr. Bokina: Raeburn-Murphy County Tax 5~p #1000-073-02-03 2609 Applicant advises that ap- plication is in for subdivi- sion before Town Planning Board. Sincerely yours, Linda F. Kowalski Secretary BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of 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 ~ariance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ; OT-S /~ /O~.. ~llff)/ 9-/// 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~-~! ~'ffr/>~ /~A 7-~--~' .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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: ~'.-~:-~'~", ~---~ ~ \"~ '-!.~ Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS '. I'~ "~-1~ ............................. ~ ' ~ ' COUNTY OF SUFFOLK ) 0 /-(/~R L.~_S /~'f~ PT , residing at ~aX.~c~'/ ~,r,¢~ l~. ~' ,~n o T~o ~. ~, ~. /{¢ Z/ , being duly sworn, d~o~ and ~ys that on the ~ day of~P~/,~ ,19 ~ , deponent mailed a true copy of the Notice ~t fonh on the re- ve~ side hereof, directed to each of the above-named pe~ons at the address~ set opposite thor r~pective name; that the addre~ set opposite the names of ~id persons are the addr~ of said pe~ons ~ shown on the current ~sment roll of the Town of Southold; that ~id Notices were mailed at the United S~t~ Post ~- rice at ~o ~ ~ ~ ~/~ ,. ~{, ~. ; that said Notices were mailed to each of ~id persons by (~nifie~) (registered) mail. Sworn to b~ore me this c~/~ day of ~~.~, I~V, N~tary Public ~ JUDITi.( T. T~RRY No, ~-03~ Su~lk ~u~/ ~m~n ~ March ~, ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOrlT L. HARRIS Town Ha~, 5~095 Main Road P.O. Box 1179 Souflm~d, New York 11971 Fax (516) 765-1823 Teleph~me (516) 765-1800 TO: FROM: DATE: RE: Supervisor Harris and Town Board Zoning Board of AppealS'" July 2, 1990 For Your Information - Variance of Charles and Edna Hart For your information we are enclosing a copy of the Application for a Variance requesting permission to subdivide this parcel with insufficient area. Relief was Granted in 1979 for the subdivision, but the applicant was Denied Without Prejudice for permission to construct a dwelling with insufficient rear yard setback. We have had correspondence with an attorney representing the applicants regarding this application on whether the relief granted runs with the land. At this time we have enclosed a letter to the attorney stating that the variance does run with the land and the applicants next step would be to follow through with the conditions set forth. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr, Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 2, 1990 Michael J. Hall, Esq. 1050 Youngs Avenue Southold, NY 11974 Re: Variance Appt. No. 2614 - Charles and Edna Hart Dear Mr. Hall, We are in receipt of your letter of May 29, 1990, requesting an opinion affirming the 1979 decision regarding the above captioned appeal. It is the opinion of this Board that the variance granted conditionally for a subdivision of the parcels run with the land, subject to the following conditions: {1) Southold Town Planning Board approval, {2) Suffolk County Planning Commission approval. If we can be any further assistance to you, please call this office at 765-1809. Very truly your~__~ Oerard P. Goehrl~ner / Chairman ~ ZBA/df Town Board Town Attorney's Office May 29, 1990 Board of Zoning and Appeals Town of Southold Town Hall Southold, New York 11971 Estate of CHARLES HART Dear Members of the Board: On February 15, 1990, I sent the enclosed letter to the Southold Town Tax Assessor. After numerous conversations with the Town Attorneys, I have been asked to request an opinion deoision from the Board of Zoning and Appeals. Mr. and Mrs. Charles Hart obtained a variance to subdivide under appeal number 2614 (copy enclosed). Due to serious physical illness of both Mr. and Mrs. Hart, no further steps were taken after the variance was granted. After the death of Mrs. Hart in 1985 and Mr. Hart in October, 1989, it was discovered by the · Hart's two children that the County had "merged" the Harts parcels, which were the subject of this variance. It was always Mr. and Mrs. Hart's belief that after their variance was granted the~-two parcels existed as two separate lots and it was their intention that these two lots (one of which is improved) would be t~e ~ole source of their childrens' inheritance. An extreme hardship on the Harts children and grandchildren will be imposed unless the Board of Zoning and Appeals issues an opinion that the 1979 variance is still valid, in that the value of the parcels without the variance, could be twenty to forty percent diminished. Legally, it is settled law that a variance, once granted, runs with the land [Clearview Gardens Pool Club, Inc. v Foley, 19 AD2d 905, 244 NYS2d 969 (1963, 2d Dept) affd 14 NY2d 809, 251 NYS2d 38, 200 NE2d 217]. Board of Zoning and Appeals May 29, 1990 Page Two Based on the facts and hardship, please be so kind as to issue an opinion decision affirming the 1979 variance. Sincerely, Michael J. Hall MJH/bal enc. February 15, 1990 Southold Town Tax Assessors Town Hall Southold, NY, 11971 Re: Property owned by Charles and Edna }{art Smith Street Southold, NY Present SCTM 1000-76-02-37.1 Formerly SCTM 1000-76-02-36 and SCTM 1000-76-02-37 -Gentlemen: Please be advised that I represent Linda Burke and Phillip Hart, the only two children and sole heirs of Edna Hart, who died a resident of Southold Town on June 15, 1985 and Charles Hart, who died a resident of Southold Town on October 22, 1989. Mr. and Mrs. Hart (or their own trust)were the owners of the above-referenced property at the time of their death. The subject property originally consisted of several small parcels from the "Map of Goose Neck" Subdivision, created in 1948. In 1979, the Harts obtained a variance from the Southold Town Zoning Board of Appeals approving two separate building parcels, one of which already contained the Harts' home and the other kept vacant to be bequeathed to their children upon their death. During the entire time both before and after the variance was granted, both parcels were held in identical ownership: "Charles Ha~t and Edna Hart, his wife." In 1985_, Mr. and Mrs. Hart, who were following the advice of a professional financial and estate planner, deeded both'parcels to Trusts of which they were the primary trustees and Linda Burke and Phillip Hart were the recipients upon their death. Apparently, as a result of this deed transfer, either your office or the Suffolk County Tax office merged the two parcels in approximately 1986, even though both parcels were held in common ownership for many years prior to this transfer. It is settled Zoning law in New York that a variance, once granted, 't'uns with the land, and I believe that the merger of these two I~arcels in 1986 was an error. There was only a change in equitable ownership of both parcels. Inasmuch as this error was not discovered until both Mr. and Mrs. llart were dead, and since the continuation of this error would cause serious hardship to the Harts' only children, I hereby request that the two parcels be restored to their original separate tax lots immediately. Sincerely, Ml~?...ael J. Hall MJH/bl encs. CC Southold Town Attorney Hon. Scott Harris, Town Supervisor 557.24 TO 67.0 I00.0 · b0t':t'lO SMITH t / / VAN TUYL¢ SON LICE~I,,ISED LA~D 5UP. VF. YOI~5 · ' ~ -~"¢ GUAI2ANTEED TO. THE. 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