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Home My WebLink About2627 TOWN OF SOUTHOL'lk NEW YORH DATE ..1.D./].J../...79 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2627 Dated September 20 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Gertrude C. McLean (George C. Stankevich, Esq. ) Appellant Blue Marlin Drive Main Road Southold, NY 11971 Southold, NY 11971 at a meeting of the Zoning Board of Appeals on October 11 , 1979 the appeal was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( X) Request for a variance to the Zoning Ordinance Art. III , 3100-31 By resolution of the Board it was determined that a)ff=j4k74y{X9$kX ( ) *e gi dfFd ( ) if it€t15 FK #rfit Y ....................N24.$& .................... SuNoMffon .................... paYWJAY+h .................... ( ) ( ) *X t KKft &.%jM= 8 :15 P.M. Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971 (George C. Stankevich, Esq. ) , for a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell , west by Hart, east by Goose Creek Lane Association. (SEE REVERSE. ) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE. (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS FORM ZB4 9c ;,y Chairman and of Apo s After investigation and inspection, the Board finds that the applicant is requesting a variance for 24-foot frontyard setback, and the property has three front yards leaving the other a rearyard, which requires this variance for 24-foot setback. The applicant is also requesting approval for access on the 30-foot right-of-way ex- tending from the Goose Creek Lane Association right-of-way for which there appears to be litigation pending about legal title. However, the Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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. Douglass , seconded by Mr. Tuthill , it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, South- old, New York 11971 , (George C. Stankevich, Esq. ) be GRANTED a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks as requested and a Variance for approval for access pursuant to New York Town Law, Section 280A, SUBJECT to the following CONDITIONS : (1) legal title of the subject access road, (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. Vote of the Board: Ayes : Messrs. Douglass, Grigonis, Tuthill and Doyen. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE / HOUR / '0_510 In Town Clerk, Town of Southold r` A O LEGAL NOTICE NOTICE OF HEARINGS ~ursuant 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. (D.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 a~lication of Gertrude C. McLean, Blue Marlin Drive, Southold, New York (George C. Stankevich, Esq. O O Legal Notices -2- October 11, 1979 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. 8:25 p.M. (D.S.T.) Upo a~p~li~°n o~ertrude C~McLean Blue Marlin Drive, Southo~d, New York, fGeorge C. Stankevlch, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8:35 P.M. (D.S~.) ~n ap~cation of Robin A. Raeburn and ~ary Elizabeth Murp G e C. Stankevich, Esq., Main Road, Southold, New Yo~, ~ ~ariance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. 8:50 P.M. (D.S.T.) Upon application of Ronald J. Edeen, Main Road, East Marion, New York (Rudolph H. Bruer, Esq.), for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to subdivide property with insufficient area and width. Location of property: Main Road, East Marion, New York; bounded'north by Reybine, 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 construct dwelling with insuf- ficient frontyard setback. Location of property: Gagen's Landing Road and Clearview Avenue, Southold, New York; bounded LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Soethold 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. (D.S.T.) Upon application of Charles and Edna Hart, Smith Drive South- old, Southold, New York, for a Variance to the Zoning Ordin- ance, Article 111, Section 100- 31, for permission to subdivide with insufficient area and for permission to construct dwell- ing with insufficient rearyard setback. Location of property: Smith's Drive l~orth, South- old, New York; bounded north by Smith Drive; south by Smith Drive South; east by Smith Drive South; west by Cat. ray and 7:45 P.M. (D.S.T.) Upon application o! Thomas and lacqueline Occhlogrosso, 77 Vandorbilt Boulevard, Oak- dale, New York (Irving L. Price, Esq.), for a Variance to the Zoning Ordinance, Article 111, 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 Co~ey 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 Reich Brothers Automotive Service Inc., Front Street, Greenpert, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinance, Article L~, 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 Estate of Howell; south by Muir; west by Rocky Point Road. I for permi , Lo I ~i-well~g with insuff)cie, nt fi~__antI It $ tion. u 8:25 P.M. (D.S.T.) Upon n application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York, (George C. Stankevich, Esq.) for a Variance to the Zoning Ordin- ance, Article Ill, Section 100- 31 for permission to construct o dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section s 280A for approval o{ access. Location of property: Private a; Road, Southold, New York; bounded north by Kennedy, COUNTY OF SU;, C~K Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 2 public newsFaper printed at Seuthofd, in Suffolk County; 2nd tr,at the notice of which tine annexed is a printed copy, -cs been published in said LongI Island Traveler-Watch- man once each week for ........................................ week3 so:cessively, cocnmencing on the . .~. ........................ Sw(2rn to before me this ...................... C~OV gI~r0lN[Tft~ BFRKOSKI '" LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings wilt be held by the Zoning Board 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 application of Charles and Edna Hart, Smith Drive South, Southold, New York, for a Variance to the Zoning Ordin- ance, Article III, Section 100- 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 north by Smith Drive; sooth by Smith Drive South; east by Smith Drive South: west bv Carway and Hoffman. 7:45 P.M. (D.STT. I Upon 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 III, Section 100-31, for permis- sion to construct dwelling with insufficient frontyard setback. Location of property: Corey Creek Lane, Soutbold, New York, bounded north by Corey Creek Lane; south by Corey Creek; west by Hammer- schlag; east by Corey Creek Lane. 8:69 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, Art- icle IX, Sections 109-90 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 a~pp!l!catl0n ol L, ertruae U. Variance to the Zoning Ordinl anee, Article III, Section 100- 31 for permission to construct dwelling with insuffieiee front and rear-yard setbaek~ and New York Town La'~ Section 280A for approval o access. Location of property Private Road, Southold, Ne~ York; bounded north by Day is, south by Wendell, west b' Hart, east by Goose Cree} Lane Assooiatioa. 8:25 P.M. (DS.T.) Upon application of Gertrude C. Mc- Lean, 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, and New York Town Law, Sec. tion 280A for approval of ac- cess. Location of property: Private Road, Soutbold, New York; bounded north by Ken- nedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8:35 P.M. (D.S.T.) Upon application of Robin A. Rae- burn and Mary Elizabeth Mur- phy, by George C. Stankevich, Esq., Main Road, Southold, New York, for a Variance for approval of access, New York Town Law, Section 280A. Lo- cation of property: Bridge Lane Extension, Cutcbogue, New York: bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. 8:50 P.M. (D.S.T.) Upon application of Ronald J. Edeen, Main Road, East Mar- ion, New York (Rudolph R. Bruer, Esq.), for a Variance to the Zoning Ordinance, Art- icle III, Section 100-31, for per- mission to subdivide property with insufficient area and 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, Now 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- bon, 293 Randall Avenue, Freeport, New York, (Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordin- ance, Article III, Section'100- 31 for permission to construct a dwelling with insufficient sideyard. Location of proper- ty: Southern Cross Road (or South Cress Road), Cut- chogue, New York; bounded north by South Cross Road: south by Hunt, Gurican, Mili- 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 VIII, Section 100- 80B(15) for permission to con- struct a boat storage shed. Location of property: West 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 application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30B2, for per- mission to place building for charity use with insufficient frontyard setback. Location of property: Lower Road and Route 25, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Gold- smith. lO:OO P.M. (D.S.T.) Upon application of Ralph H. Dick- inson, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk and Park Schedule, for per- mission to construct a dwel- ling with insufficient front- yard and sideyard setbacks. Location of property: Off Pc- conic Bay Boulevard, Laurel, New York; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. 10:10 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 direc- tional sign. Location of pro- porty: Main Road, Southold, New York; bounded north by DeFriest, south by Radich, west by Main Road, east by Southold School District No. 5. 10:20 P.M. (D.S.T.) Upon application of Soutbold 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: 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- reetionnl sign. Looation of property: Main Road, South- old, New York; bounded north by Willow Hill Cemetery; south by Bogovie, Goldsmith, west by Lower Road, east by Main Road. 10:45 P.M. (D.S.T.) Upon application of Sonthold 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 Dougberty, east by South- old Free Library. 10:55 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 direc- tional sign. Looation of propor- 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.) Upon application of Soutbold 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, Cutehogue, New York; bounded north by County Road 2., south by Pietrewiez, west by Pietrewiez, east by Cox Lane. 11:15 P.M. (D.S.T.) Upon aDnlieation of Southold Town Democratic Committee, Southold, New York, for a special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- cation of property: County Road 27, Peconle, New York: bounded north by County Road 27, east and south by Suffolk County, west by Gral- ton and others. 11:20 P.M. (D.S.T.) Upon application of Soutbold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- eatioa of property: Main Road, Laurel, New York; bounded north by Main Road, south by Murphy, west by Redden and others, east by Old Main Road. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TP4-3299 duly Sworn, ~he SUFFOLK ~nport, in said ~d is a printed ~Veek~y Times ...... weeks FO]EM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. ...... ~.....~.....~.~...~.~?.~ ............. ~.~.~:.~.~ ~ -r PLEASE TAKE NOTICE that your application dated ..................... ~ ............ ~ .............. , 19.......~ for permit to construct ........................................ at the premises located ot .................................... Mop '- Block ............................................ Lot ................................................ is returned herewith and disapproved on the followlng grounds ...../../~'..~.U..,F,~I.~.~...~...?. ............................ ~ -r- ~m~cK~ -v- ~[0 ~t"P~ ~o~ ~ ~ or= Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAl NO. c~ ~/c~- 7 DATE ..9./...~.?...../...7,.9 ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) Gertrude C. McLean . (NO Number ) Blue Marlin Drive Name of Appellant Street and Number Southold New ~ork ............................ 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 Gertrude C. McLean Name of Applicant for permit of (No Number) Blue Marlin Drive Southold New ~ork Street and Number Municipality State (×) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) New Zork Town Law §280A 1. LOCATION OF THE PROPERTY ......P..r..i..v..a..t..e...~.~..a..d.~:~.s.~.u..t.?..~.~..d..~....N..e..w..~..~.~.~]]~25 Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) New ~ork Town Law §280A (access); Southold Town Code (zoning) §100-31 front and p,0~lside yards; Southold Town Code (zoning) §§100-30, et seq 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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 made with respect to this decision of the BuiJding Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made Jn Appeal No ................................. Dated ...................................................................... None ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form f~Continue on other side) REASON FOR APPEAL O Continued 1. STRICT ,~PPLI'CATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because (a) this is a pre-existing non-conforming lot created prior to zoning see Liber 2970 page 578 and Liber 6002 Page 526; (b) the lot has a private road on two (2) ~sides; (c) the lot is a corner lot; (d) additional property is unavailable; (e) as a corner lot two (2) front yards may be. necessary; (f) proper positioning of a home aesthetically placing dictates granting the variance. 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 (a) all of the lots to the northwest and south are non-conforming pre-existing former lots; (b) the neighborhood is existing and will not change. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because . (a) all of the lots to the northwest and south are non-conforming pre-existing former lots; (b) the neighborhood is existing and will not change. STATE OF NEW YORK COUN'I'YOF SUFFOLK SS / Signature GERTRUDE C. McLEAN . .~...O , September Sworn to this ........................................ day or ........................................................ 19 79 Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLO, L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 328Z Application Dated August 20, ]984 (Public TO: Mr,..Robert. W..Wendell,.Preside6~t 'Wi_ndsway '.B.ui]ding 1020 G19n Rqad Southbld, 'NY 11971, Hearing October 25, ]984) [Appeliant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0be~'25,' 1984, the above appeal was considered, and the action indicated Del0w was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance '~ Article III, Section lO0'31 ~ [.] Request for ' ','', '.- ...- .-' Upon' application of WINDSWAY'BDiLoING CoRp], Glen Road, Southold, NY for a Variance to the Zonin~ Ord'ilpance,"'A-~tic'lq._.II~,.Section lO0,31 for approval of an insufficient rearyard setbackof a new one-family dw~l~in~'~ located alonglPrivate Road #1 off the North Side of North Bayview Road,. SoUthOld, N~'~.county'Tax Map p~Cel.'NO;. 1000~077~03,25. '~ . ~-~. ' ~"' The 5Oard made the following findi6~s and determination: This is an appeal from Article III~~ Section lO0~31, Bulk Schedule of the Zoning Code. which, requires a minimum reary~rd ~etback. for a o_ne-family dwelling structure to be not less than 35 feet. Applican~ has requested.~pproval of the construction of the dwelling with. an insufficient rearyard setback at 15 feet. The parcel in.question fronts along thre9 private rightsrof-way and techniq~'i'ly has three front'yards. The westerly frontyaKd setback is approximately 47 feet; the northerly frontyard setback is 24 feet and the easterly frontyard setback is 50±. The parcel is of a size 149± by 97± feet, with A total area of 14,489 sq.. ft. as shown on survey dated August 2g, 1979. During 1979, an application was made requesting an insuffiCient frontyard ~et~ack at 24 ~eet and an insuffic!ent setbacklfroml...the~ southerly property line.at 24 feet, and approval of access, which was conditi, ona!ll approved on October !l, lg7g, under Appeal No. 2627 {filed Under Gertrude C. McLean). ~Some time subsequent to the earlier appeal, the applica_nt was authorized to start construction and at the..ti~e of the foundation inspection, it was found the rearyard setback is less than that originally granted by the Board of Appeals.. The board agrees Wi~h the reasoning of the applicant that the premises is ofunique character and that the relief.~s requested is not unreasonable u~der the circumstances. In considering this appeal, the board determines: (a) that (CONTINUED ON PAGE TWO) DATED: November l, 1984. FO~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD ~ge 2 - Appeal No. 3282 Matter of Windsway'Buildin~ Corp. DeCision Rendef'~ Oct"obe'r 25, 1984 the 'relief as approved is not substantial; (b) by allowing the relief., no substantial detriment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes of zoning; (e) the circumstances are unique; (f) that the interests of justice will best be served by allowing the variance, as applied and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was ~ ~ RESOLVED, that the relief requested under Appeal No. 3282 in the matter of~the application of WINDSWAY BUILDING CORP. for approval of an insufficient setback of 15 feet from the southerly property line, BE AND'HEREBY IS APPROVED AS APPLIED. Location of Property: Private Road No. 1 off the North Side North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000- 077-03-025. of Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Sawicki. Member Douglass was absent (due to illness)~ This resolution wasadopted by unanimous vote of the members present. lk November l, 1984 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS· Acting Chairman October 1, 1979 George C. Stankevich, Main Road Southold, NY 11971 Esq. Re: Applications of Gertrude C. McLean Appeal Nos. 2627 and 2628 Dear Mr. Stankevich: After reviewing the subject applications for variances, we find there is no receipt certifying that the adjoining property to the east was notified. Please forward the affidavits of mailing together with certified receipts as soon as possible. Very truly yours, Linda F. Kowalski Secretary Enclosure O 0 FODITH T. TERRY · TOW~ CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 27, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith are two (2) Zoning Appeals No.'s 2627 &2628 applications of Gertrude C. McLean for variances. Also included are notification to adjoining property owners as follows: Mr.&Mrs. Eugene I. Hart, 1445 Richland Blvd., Bay Shore, New York 11706; Mr.& Mrs. Otto Macomber, Southold, N.Y.; Harry Schumacher, 440 Broadway, Brooklyn, NewYork 11211; R.D. Wendell, 829 Bayside Road Ext., Southold~ N.Y.; Mary E. Kennedy, 104-40 llth St., Richmond Hill, N.Y. 11418; Mr.&Mrs. Bay. Shore, N.Y. 11706; Mr. & Mrs. Schumacher, 440 Broadway, Brooklyn, JTT/bn cc:file Eugene I. Hart, 1445 Richland Blvd., Ot%o H. Macomber, Southold, N.Y.; Harry N.Y. 11211. ' O GEORGE C. STAN[EVICH ATTORNEY AT LAV~ September 12, 1979 Southold Town Zoning Board of Appeals Main Road Southold, New tork 11971 Re: Application of Gertrude C. McLean Dear Sirs: Regarding the above-entitled New ~ork Town Law §280A and front and side yard variances from Southold Town Code (zoning) §100-31 front and side yards, please find enclosed: (a) application in triplicate (b) exhibits (c) notice to adjoining property owners, with certified mail receipts (d) a $i5.00 application fee Thank you for your cooperation regarding this matter. Sincerely yours, GCS:gs Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : GERTRUDE C. McLEAN : to the Board of Appeals of the Town of Southold : NOTICE TO: Goose Creek Lane Association, Inc. Main Road Box 576 Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~j~lJJ~q~/l~j~'~Yl~ (Special Permit) (the following relief: New York Town T.aw §280(a) (access); Southold Town Code (Zoning) §100-31 front & side yards_). 2 That the propert which is the subject of the Petition is located adjacent to your pro~oert¥ and is des-\ crib~d asfollows.boun~led ~onth by i R~_ D..W-endetl~, west by Private ~oa(~ & Otto · H. Macomber & Eugene T. Hart, uo~th by Private Road & Gertrude C. McT.ean, east by Goose Creek Lane Association, Inc. 3. That the property which is the subject of such Petition is located in the following zoning district: "A Residential & Agricultural" district, Southold Town Code (Zoning) ~100-30, et seq. 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: New York Town Law §280(a) (access); Southold Town Code (Zoning). §100-31 front & side yards 5. That the provisions of the Southold Town Zoning Co.de applicable to the relief sought.by the un,der- signed are:New York Town Law §.280(a) (access), Southold ~own Co~e (Zoning; ~100-31 front & side yards, Southold Town Code (Zoning) ~100-30, et seq. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there examine the same during regular.office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 2, 1979 ~ Cr~)~ ~'~ Petitioner GERTRUDE C. McLEAN Post OfficeAddress Blue Marlin Drive Southold, New York 11971 NAME PROOF OF MAILING OF NOTICE ADDRESS Goose Creek Lane Association, Inc. Main Road - Box 576 Southold, New York 11971 STATE OF NEw YORK ) COUNTY OF SUFFOLK) SS.: KATHY A. MAZZAFERRO . residingat 437 Fifth Street, Greenport, New York 11944 , being duly sworn, deposes and says that on the 9th day of. October ., 19 79 , 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) %~ql~ ma~q; Sworn to before me this 10th day jar October _ .19 79 / ,~,~, Notary Public Notary Public, State of New Zork No. 52-4697756 Qualified in Suffolk County Comission Expires March 30, 1981 O 0 GEORGE C. ~TANI~£VI~H ATTORNI~¥ AT LA~V October 2, 1979 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Applications of Gertrude C. McLean Appeal Nos. 2627 and 2628 Gentlemen: Regarding the above-entitled matters, please find enclosed the Notices to the adjoining property owner to the east of the subject premises, together with affidavits of mailing and certified receipts. GCS:kam Enclosures Sincerely yours, Georg~ £. an evich ~ ~, ~' ~ai~-~-~ -~, ,~,~,~ z~, ~. ~o ~o~ ;~ ~'~ li~, 8. 17' ~' 3n'' { ~[ ~y~c~ be~ also alo~- said ---f~ way, N. 72° 2~' 30" W. - ~ 9 05 feet o th~ ~a,~.A~~3 ~- ~tEh~ of SEE SEC. NO. 077 i?~1 13 Il5' 15 4O 40;~ 36 I0 14.7 A (c) II I. gA(C) I'a4(c) r? NOT/CE D 15 tel 16 ZO ~ c- ~/$( o~/ q ~U STATEMENT OF INTENT T HE WATER SUPPLY AND SE~¥AGE DISPOSAL SYSTEMS/ FOR THIS, RE~tDENC~.' WILt CONFORM.TO ~[~[ViC~~'. rD DEPT: OF/HE~LT SE~ SUFFOLK * H SUFFOLK . COUNTY ' DEPT: OF HEA~Tk SERVICES'-- FOR APPROVA~ '~O[ CONsTRU~tON O~'EY ~ ..... ~ .. APPROVEO~ ~~~[' ' __-F.~ - _'_ ..... -_.. . sUFFOLK CO. TAX MAP D~IGNATION:.: sECT. BLOCK O~'.' ~ · '~ ' OWNERS ADDRESS: --. . ' ~BOSSE~) SEAL S.~LL NOT u coKsl~? ,'* SEAL RODF.~ ICl~ VAN T.~.~YL. P.I~., LICENSED LAND SURVEYORS GREENPORT NEW YoRK