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Home My WebLink About2519 Notice of Hearings -2- March 1, 1979 8:00 P.M. (E.S.T.) Upon application of Baldwin L. Humm, 51 Dum- barton Drive, Huntington, New York, for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wiggins Lane, Greenport, New York, bounded on the north by Greene; east by Armstrong; south by Gull Pond; west by Fordham Canal. 8:15 P.M. (E.S.T.) Upon application of John and Gertrude Hartu~g, New Suffolk Avenue, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and'Bulk Parking Schedule for permission to divide property into three lots with insuf- ficient area and width. Location of property: New Suffolk Avenue, New Suffolk, New York, bounded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane. 8:30 P.M. (E.S.T.) Upon application of Amelia Narobe, Alpine Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article II, Section 100-23 C; Article III, Section 100-31 and Bulk Parking Schedule and Article XIV Section 100-144 B for per- mission to divide property into three lots with insufficient area, with, side yar~ and rear yard. Location of property: Alpine Avenue, Fishers Island, New York, bounded on the north by Howell; east by private. right-of-way; south by Alpine Avenue and west by Calanquin. 8:45 P.M. (E.S.T.) Upon application of Roger Barmache, 117 East 77th Street, New York, New York, (Philip B. Matthews, Esq.) for a variance to the Zoning Ordinance, Article XI, Section 100-118 D for permission~to reinstate non-conforming, two-family use. Location of property: northeast corner of Greenwood Road and Tyler Lane, Fishers Island, New York, bounded on the north by Fishers Island Ferry District; east by Fishers Island Ferry District; south by Fishers Island Develop- west by Tyler Lane. ment Co and Greenwood Road; Dated: February 20, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, FEBRUARY OF PUBLICATION TO THE BOARD OF APPEALS, 22, 1979, AND FORWARD SEVEN (7) AFFIDAVITS TOWN HALL, SOUTHOLD, NEW YORK. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, New York, on 'Thursday, March 1, 1979, on the following appeals: 7:30 P.M. (E.S.T.) Upon application of Richard Sehlumpf, 32 Curtis Path, East Northport, New York (Abigail A. Wickham, as Attorney), for a variance to the Zoning Ordinance, Article III, Section 10031 and Balk Parking Schedule for per- mission to divide property with insufficient area and width and a variance in ac- cordance with Town Law, Section 280A for approval of access. Location of property: Right-of-way off Spring Lane, Poconic, New York, bounded on the north by James, Mealy, Capobianco, Wood and Luc- ckoff; east by Richmond Creek; south by Bedell; west by Ind'mn Neck Lane. '7:40 P.M. (E.S.T.) Upon application of Marjorie M. Butterworth and Stephen Moore both residing at 12120 New Suffolk Avenue, Cut- chogue, New York, for a variance to the Zoning Or- dinance, Article III, Section 100-31 and Bulk Parking Schedule for~ permission to divide property with in- sufficient area and width. Location of property: New Suffolk Avenue, Cuteh~gue, New York, bounded on the north by New Suffolk Avenue; east by Plimpton; south by Pecenic Bay; west by Moore. 7:50 P.M. (E.S.T.) Upon application of William Dornski and Joseph Dornski, Water- view Drive, Southold, New york, (Ge~ge C. Stankevich, Esq.) for a variance to the Zoning Ordinance, Article XIV, Section 100-141 (B) and for a variance in accordance with Town Law, Section 280A for approval of Access. Location of property: easterly side of Waterview Drive,. Southold, New York, bounded on the North by Bergen and Boltman) east by Zebreski; south by Zebrnski; west by Zebroski. 8:00 P.M. (E.S.T.) Upon appl_tcatian of: Baldwin L. Humf'n, 51 Dtlmbarton Drive, Huntington, iNew York, for a .variance in accordance with Town Law; Section 2S0A for ~proval of access. Location property: Wiggins Lane, Greenport, New York, bounded on the north by Greene; east by Armstrong; south by Gall Pond; west by Fordham Canal. .8:15 P.M. (E.S.T.) Upon ~uitoiK Ave~lue, New Suffolk, l~lew YORK, tot a variance iii accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property into three lots with insufficient area and width. Location of property: New Suffolk Avenue, New Suffolk, New York, beanded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane. 8:30 P.M. (E.S.T.) Upon application of Amelia Narobe, Alpine Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article II, Section 100-23 C; Article III, Section 100-31 and Bulk Parking Schedule and Article XIV Section 100-144 B for permission to divide property into three lots with insufficient area, width, side yard and rear yard. Location of property: Alpine Avenue, Fishers Island, New York, bounded on the north by Howell; east by private right- of-way; south by Alpine Avenue and west by Calanquin. 8:45 P.M. (E.S.T.) Upon application of Roger Bar- mache, 117 East 77th Street, New York, New York, (Philip B. Matthews, Esq.) for a variance to the Zoning Or- dinance, Article XI, Section 100-118 D for permission to reinstate non-conforming, two-family use. Location of property: northeast corner of Greenwood Road and Tyler ..... being duly Sworn. Lane, Fishers Island, New York, bounded on the north by blisher of the SUFFOLK Fishers Island Ferry District; ~.~.~ ..~ ~ .... ,..~ i,. sfiid east by Fishers Island Ferry ~'~ District; south by Fishers Island Development Co and the anuext~d is (l printed Greenwood Road; west by ! Suffolk Weekly Times Tyler Lane. Dated: February 20, 1979 ) ............... weeks BY ORDER OF THE SOUTHOLD TOWN 'icl. BOARD OF APPEALS ................... 1TF22-3168 ......... ................. betore me this . f:...~.~.. / . ~. I ........... Clks. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Sectioa 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, March 1, 1979, on the following appeals: 7:30 P.M. (E.S.T.) Upon application of Richard Schlumpf, 32 Curtis Path, East Northport. New York (Abigail A. Wickham, as Attorney), for a variance to the Zoning Ordinance, Article lIl, Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient area and width and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capobianco, Wood and Luc- ckoff; east by Richmond Creek; south by Bedell; west by Indian Neck~Lane. 7:40 P.M. (E.S.T.) Upon application of Marjorie M. Butterworth and Stephen Moore both residing at 12120 New Suffolk Avenue, Cutch- ogue, New York, for a variance to the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: New Suffolk Avenue, Cutch- ogue, New York, bounded on the north by New Suffolk Avenue; east by Plimpton; south by Peconic Bay; west by Moore. 7:50 P.M. (E.S.T.) Upon application of William Doroski and Joseph Doroski, Water- view Drive, Southold, New York, (George C. Stankevich, Esq.) for a variance to the Zoning Ordinance, Article XIV, Section 100-141 (B) and for a variance in accordance with Town Law, Section 280A for approval of Access. Loca- tion of property: easterly side of Waterview Drive, Southold, New York, bounded on the North by Bergen and Boltman; east by Zebroski: south by Zebroski; west by Zebroski. 8:00 P.M. (E.S.T.) Upon application of Baldwin L. Humm, 51 Dumbarton Drive, Huntington, New York, for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wiggins Lane, Greenport, New York, bound- ed on the north by Greene; east by Armstrong; south by Gull Pond; west by Fordham Canal. 8:1S P.M. (E.S.T.) Upon 'application of John and Ger- trude Hartung, New Suffolk Avenue, New Suffolk, New York, for a variance in accor- dance with the Zoning Ordi- nance, Article Ill, Section 100-31 and Bulk Parking Sche- dule for permission to divide property into three lots with insufficient area and width. Location of property: New Suffolk Avenue, New Suffolk. New York, bounded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane. 8:30 P.M. (E.S.T.) Upon application of Amelia Narobe, Alpine Avenue, Fishers Is- land, New York, for a variance in accordance with the Zoning Ordinance, Article I1, Section 100-23 C; Article IlL Section 100-31 and Bulk Parking Sche- dule and Article XlV Section 100-144 B for permission to divide property into three lots with insufficient area, with side yard and rear yard. Location of property: Alpine I Avenue, Fishers Island, New COLhNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of TIlE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long ,Island Traveler-Watch- man once each week for ......................................../ weeks successively, commencing on the ....~... .............................. Swom to befo~ me thi~ ........................day ot No~ Public /.~/,,~//~ . UFFOLK Attention South°,d Town Property Owners (Especially Those in New Suffolk) The reason for approval of the subdivision of the land of Mr. & Mrs. John Hartung of less than one acre into three lots was "The Hamlet of New Suffolk is a waterfront community and has quite a few irregular small lots and therefore it will not affect the character of the community" What happened to one acre zoning? The precedent has now been set for owners of lots of 26,000 square feet or more to apply for a variance and get your Christmas Present. Louis DeMartini Bunny Lane New Suffolk, N.Y. 11956 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date · o ..4.~.~.~.....F.......~.....~.~:.~.?~..u..~.~ ....... ~.~u~ ..... .~.~....u.~ ......... .~.~.....~.~.~.~ .... ................................... L~.~.~...~. .......................... PLEBE TAKE NOTICE that your application dated for permit to~r~t~'.~ .......... ~.~.~...at the p'~'~"l~"~"~.~.~...~]~]~ ..~....~.~ ....... .~.~.~.~..~L~ ........... ~.~tr~t / Map .................................... Block ............................................ Lot ................................................ is returned herewith and disappr~ed on the follow;rig grounds ...... ~.~..~..~..~.~.~.~..~ ......... ...h~.~..~. ........ .~.......~.(~. ...................................................................................................... O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~. J" J ~' DATE ..~..~...'... J.]:..t ..~ ~..l~.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .J.9...h~....&..~.e.r..~,~.~,fl,~.t~a; ................... of..N.e~..~tt'.t:oZic.,A,v, em~e ...................................... Name of Appellant Street and Number .i ........... ~..e~'~..~.~..~:9...J~..,...~.e.~..~P.E.~. ................................................................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) John ar~ Gertruo. e Hart~lng Name of Applicant for permit ~ew ~'~zolk Ave. Ee~ $~fol~ New Yo~ Street and Number Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............... .¥.e~..~£inl,~..A,VS~,..aa~..~LkaA~..L.q,.~,e. ....................... Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~ticie ~3 ~ection 100-3i 3.- TYPE OF APPEAL Appeal is made herewith for (Z) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (?.o,s,,no~t) be~n made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that At the time we purchased the property the zoning ordinance requireJl 12,500 sq. feet ~s a ~uil~ing lot, and our ~ecision to b~v ~s base~ on the aSSUJ~ption the ~roperty wo~i~ l~e 6irideS. ~orm ZS! (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus~ I~ot being able to div~e ~vouZd result in a h~rdship ~ec~se parcels are more desirable ~ndivid~ll¥ ~a~her tb~n on a group housing basis ~eca~se of the work a~d expense involve~ in ~.kee~. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because_ The h~re~$hi~ created is u~i~ue BecaUse t~is property has two houses locate~ on one parcel. ~he surrounding properties are sm~ller. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~o c~aracteristic cb~n~es will be ~ele in the district because the location of the buildings will remain a~d function the same as ~hey ~ve. Access to ~ a~d C will remain the same. The set-off of A conforms to building re~-lations set forth by t~e town building code. ) SS ............... cOUNTY o I/¢ Sworn 'o this ..................... /~.~, ......... -....,/~. day NOTARY PUBLIC, State of N~w~Yod~ No, 52-8125~50, Suffolk ~ou~)~. t~rm Expires March 30, lg,...~'/ - .% am~md N.Y*B.T.U. ]:o~m l~OO2-8-63-Ber~,i~ end Sale Deed wi~h Covensnt a/~llnIt Grenm~% Ac~s-ledividuel m Cm~r~don (~tn~i~ '~ONS~T YOU~ ~ l~O~ SI~ING THIS ~ST~ME~--~S ~T~M~ SH~ BE USEO BY ~WYi~ ~Y. ' ' 6685 .... ~ , ,? TH~ INDE~ made the 7th day o[ ~Y . ninet~n hundr~ and eighty two ~ -~ JO~ F. ~T~G and GERTRUDE G. ~G, his wife, residing at O,~ ~ ~ ~ S~FO~ A~, ~ , New Suffolk, New York 11956 ~ :~ oi the fire ~a, ~d ~'?O~EPH MI~I~N and S~ ~I~, h~s wife to the extent of 40% interest, ~d ~C~ HC~ and ~ND~ HC~, ~s ~Ee ~o ~e ex~en~ oE 20~ ~nLeze~, 83 Ches~ut Avenue, Floral Park, New York 11001 AS TEN~S IN CO~N WITNESS£TH, tht the mrty of t~ first ;~ttt, in considera~on of Ten l~.hr, and o. th. er vshb. le l~id by the l~y o! t?c s _ec~.d ~ dins hereby .elam and r,J~a~ mt. the ~ o~ t~ or successors and ~:gns of the piti}, of the secona part lotcver, , .Al.l. that certain plot. piece or pardi of Ired, with the buildinls and JnpI ~ es:id, llt~te, I.vin~and bein~the at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of New Suffolk Avenue, distant 192.56 feet westerly from the corner formed by the intersection of the Northerly side of New Suffolk Avenue and the Westerly side of FiftheStreet (New Suffolk P~ad); RUNNING THENCE North 84 degrees 10 minutes 00 seconds West, along the Northerly side of New Suffolk Avenue, 108.00 feet; THENCE North 02 degrees 15 minutes 10 seconds East, along the Basterly line of lands now or formerly of John F. Bartung, 106.25 feet; THENcE South 87 degrees 44 minutes 50 seconds East, 107.79 feet to the Westerly side of lands now or formerly of S. Clarke; THENCB South 02 degrees 15 minutes 10 seconds West, along last mentioned lands, 113.00 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed from RUSSELL FANNING, also known as RUSSELL M. FANNING by deed dated Au~st 4, 1966 and recorded on August 9, 1966 in the Office of the Clerk of Suffolk County in Liber 6008 of Conveyances at Page 531. TAX MAP: Dist. 1000- Sect. 117.00- Block 06.00- Lot 026.000 OiSq'RIL f SECTION ['., L ~?. K .~OT .... ~--, ...... -'-'t r'-'-' ' :'-'~ and~ ~te~ ~of~of ~e~~~;~ AND the pirty of the first pist covcoan~ ;l~,;. the 1~ of the Eu:st pest h~ not dmue er eufer~d ~nylh~ A~D the ~ of the first part, in compliance with Se~ia~ 13 of lbs Lien Law, covenants that the pert,/ the first pitt will receive the conslderada? for this conveyance ~ w/Il hold.t¥ right I~ recei~ meh mmakl- cnttion ·s · trust fund tO be a~oplied first for t~. purpose of .piy?f. ~ cost o! ~be im~ and will 8j~y the same first to the payment of the co~ of the tmprovement before usm~ any pitt of the tolal o! the same- any other purpm, e. The word "party" shall be amstrued as if it md "parties" whenever the ~ d this indent~ es reqdeu. IN WI fNF..S5 ~l~q~OF, the party of the first ptrt h~ duly executed this deed the 4bty and yesr ting there wrkten. RECORDED. ARTHUR J. FELICE ~A¥ 11 1982 Cl~rk of ,Suffolk County, !]o~ [--or B~%~N DANIEL A. FOGARTY, JR. and LEW ANN FOGARTY, his wife, both residing at New Suffolk Avenue (no street number), New Suffolk, New York, SECTION BLOCK LOT mm mm party of the §rst part, and SDZANNE CLARKE, residing at (.7 Barrow Street, New York, New York, WRq~F.~SEll. l, thatthspartyoftheflratpart, ln~onsiderationof Ten and 00/100 .......... .............................. ($I0.00) ......................... lav~ulmoneyoftheUnRe~St~es, and other good and valuable consideration p~ld · ALL ~ certain ~ot, pi~e ~ pa~el ~ land, with ~a buildings and impmvemen~ thereon erected, sl~ate, lying end belnglnthe TO%A~ of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner fo~med by the intersection of the northerly side of New Suffolk Avenue with the westerly side of New Suffolk Lane or Fifth Street; "Runnin~ thence North 84 degrees 10 minutes 00 seconds West along the northerly aide of New Suffolk Avenue, 192.56 feet; Thence North 2 degrees 15 minutes 10 seconds East 200.36 feet to land now or formerly of DeMarttnt; Thence alon~ said land the following two courses and distances: 1) South 84 degrees 10 minutes O0 seconds East S feet 2) North 6 degrees 50 minutes 00 seconds East 102.48 feet to land formerly of Syms, now or formerly of Maksyn; Thence South 84 degrees 06 minutes 20 seconds East alone said last mentioned land 199.99 feet to the westerly side of New Suffolk Lane or Fifth Street; Thence South 6 degrees 43 minutes 30 seconds West along the westerly side of New Suffolk Lane or Fifth Street, 302.26 feet to the corner at the point or place of BEGINNING. SUBJECT to any state of facts an accurate stzvey may show. SUBJECT to a first mortgage dated December 28, 1973, made to Geresco Realty Corp. and duly assigned by Geresco Realty Corp. by assignment dated December 28, 1973, to Diana T. Germain and Joseph S. Tedesco in the original principal sum of $40,000.00, now reduced to the sum of $30,232.13, together with interest thereon at the rate of 7% per annum due and payable from the 28th day of December, 1977. JAN 1 8 19~ RECORDED JAN 1E 191~ ~, ARTNItR J. fi. LICE ~ ~ Y. ~ and ~RTRUDE G. ~AI~UNG, hie ~ife, reeidi~g at New 5uffolM Avenue, New SuffolE, To~n of Southol~, 5x~ff~lk 0oun~, New havi~g i~a principal ~l~e of Business a~ 2~ Jericho T~r~pike, fi,st i)ax~s aa~ ~c~e ~ou~G~ea~terl~v ~ox~e~ of lami of t~e party of ~,~e ~e pa~t7 of ~he eeooM pax~, North 6e ~0' 00" East - 100.0 feet; thence T~rov~h said la~ of th~ paz~7 of ~he first pa~t, Sou~h re 1~' 10" Vest 100.18 feet to ~u i~on pipe on ssi4 ncx~cherly liAe Of New ~uffolk Avenue; thence alo~ said ~ortherly line, North 8~e 10' 00" West - S.0 feet to the point of ~EGIhmAs~. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 r~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINOER doseph H. Sawicki Postmaster New Suffolk New Suffolk, Post Office NY 11956 December 15, 1980 Re: Appeal No. 2519 Certified Mail Receipt No. 745333 dated Jan. 31, 1979 Dear Sir: On January 31, 1979 a letter was forwarded to a Mr. Louis' DeMartini, Bunny Lane, New Suffolk, NY by Certified Mail, Receipt No. 745333. It is our understanding that the U.S. Post Office retains records of signatures for all certified and registered mailings. We request that you forward a photocopy of the signature made for the above certified mail letter, and any information you may provide concerning same. Mr. DeMartini claims he never received the letter. Thank you for your cooperation and assistance. Sincerely yours, CG:lk cc: Supervisor W. Pell, III CHAIRMAN ~ ~OUTHOLD TOWN BOARD O~PEALS -17- ~$ch 1, 1979 RESOLVED, that Baldwin L. Humm, Dumbarton Drive, Huntington, New York, be GRANTED recognition of access.~ Location of property: Wiggins Lane, Greenport, New York, bounded on the north by Green; east by Armstrong; south by Gull Pond; west by Fordham Canal, subject to the following conditions: ~ (1) The access will be improve by one of the following ways: (a) Stripping the top soil and replacing it with 6 or 8 inches of bank run, sand and gravel. (b) Stone blend 3/4 inch for a width of 10 feet in the center of the right-of-way. (c) Black top the right-of-way. (2) Approval of the Southold Town Building Inspector. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2519 - Upon application of John and Gertrude Hartung, New Suffolk Avenue, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property into three lots with insufficient area and width. Location of pro- perty: New Suffolk Avenue, New York, bounded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: Suzanne Clarke and Louis DeMartini. Fee paid $15.00. THE CHAIRMAN: The survey of Van Tuyl accompanying the application indicating that the proposal is to create 3 lots: Lot A will contain 15,980 square feet; Lot B will have 11,990 square feet; Lot C will have 12,204 square feet. The frontage on New Suffolk Avenue appears to be 182.30 feet. Lot A will have 74 feet on New Suffolk Avenue; and Lot C would acquire 108 feet of frontage with an additional 8 feet as a result of squaring of the lot line. The lot lot which contains 11, 990 square feet, Lot B, in the rear of Lot C will have an access to Bunny Lane of 30 feet. Is there anyone present who wishes to speak for this ayplication? It is surrounded by lots to the rear on Bunny Lane'are each approximately 20,000 square feet. Across the street the lot appears to be 19,000 square feet. County Tax Map Lots No. 22, 23 and 24 across Bunny Lane are approximately 17,000 squre feet. Adjoining to the east is a multiple use distrist which was recently upgraded and had some zoning action on it. Is there anyone who would like to speak for this application? SOUTHOLD TOWN BOARD ~PAPPEALS -18- ~rch 1, 1979 ' JOHN HARTUNG: We have somewhat of a unique problem with two houses ~. on one parcel. Now since there has been a subdivlson upgrading to.the~) east of us, we are alone with this situation. We have had a lot to the'- west of us which has been on separate tax rolls before we purchased our property. (Lot A which included the extra 30 feet we have marked off for Parcel B.) THE CHAIRMAN: You have just done that now? JOHN HARTUNG: Lot A is under a THE CHAIRMAN: Excuse me. Does 30 feet on Bunny Lane? separate tax bill now. We feel.i the 11,990 square feet include the MR. HARTUNG: Yes. The problem is subdivison. The problem is trying to maintain to maintain the proper prospective for the area, and protect our own interests. We have a hardship~of not being able to put money into our cottage which is in somewhat disrepair. It needs new siding. There does not seem to be any other logical way of re- gaining that type of expenditure unless we have this ~ype of division. THE CHAIRMAN: You live in the house on Lot C. The problem is main- taining the property on,Lot B. You would not be able to rent the cottage for enough money to recoup your expenditures? You bought these separately? MR. HARTUNG: The A-and B parcels marked in red were purchased as f one parcel This division line was the original division line. ~ THE CHAIRMAN: The fact that this is on a separate tax bills does not have any bearing on the variance. As far as we are concerned, this is one piece of property. When you buy property at different times, it becomes one parcel under the New York State laws. MR. HARTUNG: What we have done over the past 12 years that we have owned this is used this 30 foot piece as an access into the cottage. If we were allowed to divide this property the other way, I would assume that we could have a buildable lot in its entirety. THE CHAIRMAN: You were here before in connection with your objec- tions to your neighbor's application. It was my understanding at that time that you were going to divide this into 2 lots. MR. HARTUNG: I don't remember making any statement like that. THE CHAIRMAN: You didn't, I was talking to your wife about it. MRS. HARTUNG: lot. I realize one parcel. I questioned the legality of setting this off as a for zoning purposes as you say you assume this is all THE CHAIRMAN: You understand that the theory is that each one-fami]-- use is supposed to have 40,000 square feet. The only reason we can ~ consider your request at all is because of the surrounding area. The judges have determined that our Board is the only Board that can legally do that - gra~t lots under the 40,000 square feet. You are not going SOUTHOLD TOWN BOARD ~APPEALS -19- C~ch 1, 1979 to find a zoning ordinance that Will fit every situation, especially in a shore front community. You have accumulated about 40,000 square feet. LiKe a lot of people you thought that was a good idea. Maybe you thought you wanted to keep it that way, but when you are surrounded by neighbors who do something differently, a.i.lot of times you reconsider your thinking. Our situation has to be guided by whether the Board feels this should be 3 lots or 2 lots. Off-hand, when we first looked at this, we were thinking in terms of 2 lots. There are two houses on the property. The one piece of property you bought (parcels B & C had two houses on it when you bought it, right? MR. HARTUNG: Yes, it did. THE CHAIRMAN: How long ago did you purchase it? MRS. HARTUNG: 1966. THE CHAIRMAN: Then you bought this other piece? MRS. HARTUNG: No. THE CHAIRMAN: You purchased it before? MR. HARTUNG: No, we purchased it at the same time. It was just a different lot that we purchased although it was owned by the same man who sold us the property delineated as Lots B and C. It is on a separate deed. THE CHAIRMAN: So when you purchased the different parcels, you bought them all together? I think I understand it now. The question is most of the properties in the area are about 16,000 square feet. These two parcels will be only about 12,000 square feet. MR. HARTUNG: If we did divide the property from the north to the south, we would hem in the cottage in the back. The way the property is set up now, I have about a 150 foot side yard. It would be better if the house were more centrally located. MRS. HARTUNG: We have a 1/4 acre side yard that no one'wants to maintain. MR. HARTUNG: We have only a 40 foot side yard on this one side, where the drive comes in. MR. DOUGLASS: This is 74 feet here. MR. HARTUNG: No. I have 100 feet here. What you are saying is that I would accept a gigantic side yard. It certainly would not blend in with the area that way. THE CHAIRMAN: YOU probably want to get rid of the cottage? MR. HARTUNG: No, I am not really trying to get rid of anything. MR. HARTUNG: There is no sense in putting money into it now. MRS. HARTUNG: We do rent it, but it just pays our taxes. THE CHAIRMAN: If you cannot make any money renting, how will you make any money keeping it? MR. HARTUNG: We have'two sons, and I would like to think that I have that property in reserve in case they want to live in New Suffolk. MRS. HARTUNG: It is very hard for them to acquire an acre of land to build a house. THE CHAIP/~AN: What you would really like to do'is just divide it. Then you might sell it. You might not sell it at all? MR. HARTUNG: We have two sons and we would have two parcelS. When we originally purchased that property, that was our general thought. We did not purchase the property to be in the rental business. MRS. HARTUNG: We have a similar situation as Mrs. Clarke. The man who owned the Fanning farm built this house, he rented again. He kept his boarding house trade. He just moved it over. MR. HARTUNG: Fanning Farms owned the entire property down to the ~ Main Road. MR. TUTHILL: Do you rent the cottage now? MR. HARTUNG: Yes. MR. TUTHILL: My feeling is that the property is probably worth more with your home and the cottage behind it. This is from a,sales point of view, then you would think selling off the one lot. MRS. HARTUNG: You would think so, Terry, as income producing. MR~ TUTHILL: There is a big demand for that type of arrangement. MRS. HARTUNG: It isn't because the average man that would be attracted to our house would be a man that had a family or a retired couple, because the school does not offer that much for a family. If they are retired they do not want to maintain the cottage. MR. HARTUNG: Let me explain it to you this way, maybe this will satisfy you. THE CHAIRMAN: very .... MR. HARTUNG: It is not a question of me being satisfied, it is a If we did sell this as a separate unit, which we have $OUTHOLD TOWN BOARD ~PPEALS -21- C~ch 1, 1979 a separate deed for, we would still have a buildable lot (indicating Lot A). Is that correct? MRS. HARTUNG: We are keeping the density the same, that is what we are talking about. THE CHAIRMAN: If you sold those two together. It is all one par- cel now. In order to break anything out of the parcel, you must come before this Board. It is undersized, so just to deed it, would be illegal. MR. TUTHILL: You would not have that lot adjoining you. THE CHAIRMAN: It is under 40,000 square feet here. MR. HARTUNG: We have looked at it and tried to come up with the most logical division. If I drew the line the way you suggested, I have a gigantic side yard. THE CHAIRMAN: My original thought was that you had acquired this lot under single and separate ownership and that you had one house. It seemed perfectly possible to divide this and sell the vacant lot. MR. HARTUNG: If we did that, we would give up this egress over her (indicating lot B), we would have a narrow drive along the house. The way the property is laid out now, we utilize this area. It is not something that has not existed. It has existed for more than 12 years. If we did it the other way, we would have two houses on one parcel with a common driveway. THE CHAIRMAN: So you have more privacy is they use the egress from Bunny Lane? MRS. HARTUNG: That is the way it has been done for many years. MR. DOUGLASS: If you cut this egress down to 15 feet then you would have an independent piece here. MR. HARTUNG: The only reason we made this one was that We tried to assure our neighbor that we were just not trying to put a little drive- way through there. I don't mind cutting it down to 15 feet. MR. DOUGLASS: The 30 feet will never be used for a small cottage. MRS. HARTUNG: We would like to have the 3 lots. MR. DOUGLASS: 3 lots is really going to tighten it down. They will be pretty small. MRS. HARTUNG: Were you thinking of density with the water?. THE CHAIRMAN: Yes. MRS. HARTUNG: If we had a buildable lot here, the situation would ~OUTHOLD TOWN BOARD ~APPEALS -22- Orch 1, 1979 remain the same. The houses are still here. That is what is unique about the problem. THE CHAIRMAN: You have 2 houses where it is just enough for one already. What you are talking about is selling a third lot. Then there would be three houses where there should only be one. Either of these lots whould be smaller than most anything in the neighborhood. MR. HARTUNG: Across the street there are smaller lots. MRS. HARTUNG: There is a 12,800 square foot lot with 2 houses on it. MR. HARTUNG: When~.~you cut it the other way, you must remember that our lots become larger than the other lots. THE CHAIRMAN: Our job is to make it work. MR. HARTUNG: You were talking about your criteria in density. We are not increasing the density. We do have sort of a unique situ- ation that has existed there for many years. Is there anyone who objects to this application? THE 'CHAIRMAN: Is there anyone present who wishes to object to this application? (there was no response). MR. HARTUNG: MRS. HARTUNG: object. Do you have any letters in the file? We talked to Mrs. Clarke tonight and she does.not THE CHAIRMAN: Does she understand the situation? MR. HARTUNG: Yes, we went over the whole plan with her. THE CHAIRMAN: Whether or not anyone is opposed to it or not does not really enter into this. MR. TUTHILL:Well, I go along readily with the division of the land into two parcels. I feel that the three parcels diminish the value of their property. It is not pertinent, but it is my opinion. I would certainly go along with lot A. THE CHAIRMAN: What is Lot A worth? MR. TUTHILL: It is worth between $10,000 or $11,000. People might ask more, but that is what it is worth. MRS. HARTUNG: If we build on that parcel it makes no change. There is still two houses here and another here. If they are separated, there will still be the same situation. ~OUTHOLD TOWN BOARD APPEALS -23- ~ch 1, 1979 THE CHAIRMAN: What we are talking about is not increasing the number of houses on the property. We are talking about dividing it into two parcels. MRS. HARTUNG: How can you do that? THE CHAIRMAN: The only way I can see is go across here. MR. TUTHILL: That would not be practical. MRS. HARTUNG: Then you would 200 feet here and a half acre side yard. MR. TUTHILL: out of an acre. MRS. HARTUNG: like this for a I just do not like the idea of creating 3 small lots They almost exist as it is. They have been function- long time. MR. TUTHILL: I did not know the cottage was back there. does not affect my thinking one way or the other. It really THE CHAIRMAN: A lot of cottages become houses, eventually. MR. TUTHILL: Then if you went on a north south boundary, you still would not have a large lot over here. 19,000 square feet is not that large. Over here your property would be a combination of the two% which is still not great. MRS. HARTUNG: way. I think it would ruin the beauty of it to do it that MR. TUTHILL: I am not saying I will not go along with it, but right now I-like the north-south division. THE CHAIRMAN: It is a little different than the way I viewed it while we were out there. MR. HARTUNG: Well, it you had walked around it as many times as I have to see ho.w things could be worked out. MRS. HARTUNG: attention to this Southold Town. We are willing to change lines, but we gave the lot because we knew you would want it to conform with THE CHAIRMAN: This lot would conform with the next three- lots. MRS. HARTUNG: Yes, you would want to give your attention to this lot, because you cannot change these. THE CHAIRMAN: In effect you would not change the character of that street, New Suffolk Avenue. You have what amounts to a vacant lot there. If that had a house on it, the charcter of the neighborhood would not be changed. ~OUTHOLD TOWN BOARD ~APPEALS -24- Orch 1, 1979 ~R. HARTUNG: I am sure that if we had not purchased that 12 years ago, I am sure it would now have a house on it. THE CHAIRMAN: When you look at it that way, I guess I would go along with it. Across the street you are living with much smaller lots. MRS. HARTUNG: When you go down the street a little bit, the lots only contain 12,800 square feet. THE CHAIRMAN: The thing to do would be place one main house on the 16,000 square foot parcel, which in many parts of the Town is a large lot. So I think I would vote for it. MR. TUTHILL: You would go for the three way division? THE CHAIRMAN: Yes, they may not do it any way. MRS. HARTUNG: How do you go about a Certificate of. Occupancy? THE CHAIRMAN: You see the building inspector. MR. TUTHILL: It doesn't change the area, because I did not even see the cottage when we drove past it the other day. It is really hidden. After investigation and inspection the Board finds that the appli- El cant requests permission to divide a parcel of land containing 40,174 ~i~ square f~et into three parcels. Lot A which.is v~cant land will contain 15,980 Square feet; Lot B which hasa year round cottage on it presently will contain 11,990 square feet; and Lot C which presentlY contains a two story brick house and garage will have 12,204 square feet. New Suffolk is a shore line hamlet with many small, irregular shaped lots. The division of this property will not change the character of the neighborhood. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the.Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. Gillispie, seconded by Mr. Tuthill, it was RESOLVED, that John and Gertrude Hartung, New Suffolk Avenue, New Suffolk, New York, be GRANTED permission to divide property into three lots with insufficient area and width. Location of property: New Suffolk Avenue, New York, bounded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane, upon the following conditions: (a) Lot A will be improved with ONLY a one-family residence. ~ ~ ' ~OUTHOLD TOWN BOARD ~PPEALS -25- O~ch 1, 1979 (b) Applicants will supply the Board with a current survey showing the new division lines. Vote of the Board: Ayes: Gillispie, Doyen and Tuthill. Mr. Douglass abstained from voting. PUBLIC HEARING: Appeal No. 2518 - Upon application of Amelia Narobe, Alpine Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article II, Section 100-23 C; Article III, Section 100-31 and Bulk Parking Schedule and Article XIV Section 100-144 B for permission to divide property into three lots with insufficient area, width, side yard and rear yard. Location of property: Alpine Avenue, Fishers Island, New York, bounded on the north by Howell; east by private right-of-way; south by Alpine Avenue and west by Calanquin. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by Certified Mail had been made to: Leon V. Calanquin and James S. Howell. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by the County Tax Map indicating the location of this property.on Alpine Avenue and the lots that have been described. We also have a sketch showing the property which Mr. Kiross devised in his will. Lot No. 8 surrounded by a right-of-way. He did not have to come before this Board for that. It was in single and separate ownership. The Calanquin lot was one of three lots that was divided without approval according to the Building Inspector. They were owned by Kiross, and he bequeathed them to these people in his Will. Is there anyone present who wishes to speak for this application? SERGE DOYEN, JR.: I will. There-is no other practical solution. They exist and the division is as reasonable as it can be, which is really our obligation in the matter. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response.) PHILIP B. MATTHEWS, ESQ: Mr. Chairman, I am a little familiar with this, and I have talked with Gordon Ahman on Fishers Island. Gordon advises me that all of these houses, three houses, pre-existed zoning in the Town of Southold. They were not built subsequent to the sub- division. They are quite old houses. MR. DOYEN: They have been there over 50 years. Our only paramount interest is to see that the land is divided equitably. After 50 years there is no other way this can be turned over or used, except to divide it out in this manner. It's already landscaped and fenced. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .IR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawick~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (§16) 765-1809 December 15, 1980 Postmaster New Suffolk Post Office New Suffolk, NY 11956 Re: Appeal No. 2519 Certified Mail Receipt No. 745333 dated Jan. 31, 1979 Dear Sir: On January 31, 1979 a DeMartini, Bunny Lane, New Receipt No. 745333. letter was forwarded to a Mr. Louis Suffolk, NY by Certified Mail, It is our understanding that the U.S. Post Office retains records of signatures for all certified and registered mailings. We request that you forward a photocopy of the signature made for the above certified mail letter, and any information you may provide concerning same. Mr. DeMartini claims he never received the letter. Thank you for your cooperation and assistance. Sincerely yours, CHARLES GRIGONIS, CHAIRMAN JR. CG:lk cc: Supervisor W. Pell, III O O JUDITH T. TERRY TOWN CEERK REGISTRAR OF VITAL STATISTICS To: From: Southold, L.I., N.~ 11971 January 31, Southold Town Zoning Board of ~ppeals Judith T. Terry, Town Clerk 1979 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 2519 application of John & Gertrude Hartung for a variance. Also included are notification to adjoining property owners as follows: Mrs. Suzanne Clarke, 47 Barrow Street, New York City, N.Y. 10014; Mr. Louis De Martini, Bynny Lane, New Suffolk, N.Y. 11956 JTT/bn cc:file Enc./ Memorandum from.... BUILDING INSPEC'rORS OFFICE ' - TOWN OF SOUTHOLD Tov~ HALL, SOUTHOLD, N. Y. 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ~ ~m J~r$~ It~'t, ua~ 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 (Va6 .... ! (c.,,~..-;~ cv~7.:~n? (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: 3. That the property which is the s~g~e~[~c~ Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 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 ma)/then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the of/~outhold and designated for the publication of such notices; that you or your representative have the Town right to~l~pear and be heard at such hearing. NAME PROOF OF MAILING OF NOTICF ADDRESS New Suf£ol~ Lane, New SuiToli% New York 11956 47 Barcow St. l~e~,, Yor~ City N.Y. 10011~ ~r. Louis De~artini Du~n~y ~Jane, New ~fi'olk, l~e~ Y r~ i1~56 F~CBPT FOR CERTIFIED MAIL (See Reverse) STRj:ET A N~I~N~) /'"~ ~--- -- POSTAGE / ~ SPECIAL DELIVERY ~ :~o D~ ¢ , ~ ~ SHOW TO WHOM DATE, AND ~ 0 ~ DELmVGRY STATE OF NEW YORK ) COUNTY OF SUFFOLK ) RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) zip COD~ POSTAGE CERTIFIED FEE ~ [ ADDRESS OF DELIVERY POSTMARK OR DAT~ SS.: Gertrude Hartun~ , residing at New Suffolk Avenue New Suffolk, lfew York , being duly sworn, deposes and says that on the ~ day of J~uuary ., 19 -/9 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at New Suffolk, New York (certified) (registered) mail. Sworn to before me this Notary Public ELIZABETH ANN NOTARY PUBLIC, State of New'Yor~ ~o. 52-8125~50, Suffo!k Couu~ty Term Expires March 30. 19~J~) that said N~ces were mailed to each of said persons by V ;ROPERTY MAP NO. ,{~00,/ V.a,P COORDINATE NOS. ~EED .ECO.DED ~N UaE. SUBDIVISION NAME ORNO. MAP BOOK~E ~NDEX INITIAL:~- PAGE BL. LOT SUFFOI./t(, ~OUNTY CENTER - . RIVERH'F,:AD,'L~. I.. N. ¥. 11901 fiEARCHER/PL~TER~ E'~-lJg,'~K DATE :KED BY ~, / RPTSA Form IOI 0~ 1~2.0 12,5=JO ~oa~o I ,.%UFFOLi4 L~ C~ LU 192..~'o 'to m~FTH ST. ~<~'" AVEhJUE MAP OF LAND G. HA'2TUN G ~CAL~: 50'= l" ~UA~'ANTE~'D TO THE ~E~CUI2.1TN TITLE AND ®= IIZON PIPE GUAEANTY COmPANy VAN TUYL & SON N.78': ~ J'~ ST~'. 4-0' NEW 74..%0 ' 1,4, ;2U'2VI=Y~2D JUL. V ~.0, 4.lA(e} 4.1 400' 28 29 CU (FANNING) -'OLK 4 20 21 AVE. 2.9A(c) 6 28*t 29e2 3O $4 5 46 G 2?- 2.0A(c] ~ ..~ ......... . BAY pECONIC , Legend Rewsions II II I litl m~ I II - ,~