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Home My WebLink About2409 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~/G BOARD OF A~PEAL$ Appeal Ne. 2409 Da~ed April 7, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. James F. McFarland 13 Mildred Court Floral Park, New York 11001 Appelinnt at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Azticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.S.T.) upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York; Lot No. 237 on Map A of "Nassau Point Properties." 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE After investigation and inspection, the Board finds that the Applicant requests permission to place a storage shed in the front yard, Little Peconic Bay Road, Cutchogue, and this will not change the character of the neighboring district. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Maimone, it was RESOLVED that James F. McFarland, 13 Mildred Court, Floral Park, New York, be GRANTED permission to place a storage shed in the front yard location of property, Little Peconic Bay Road, Cutchogue, New York; Lot No. 237 on Map A of the Nassau Point Properties." Upon the following conditions: 1. The Shed is moved with 90 days. 2. The shed is moved into the westerly side yard. 3. The shed is placed at least 3 feet from the westerly side line of the property. VOTE of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. .... Ol'Jl'.:...'--'z.,D 'i~..;'::;_~ r -~,,- ___Tow_n Clerk, ToWn of Southold Legal Notice -2- Hearings May 4, 1978 --?..~:07 P.M. (E.S.T.~. upon application of James.F. ~cFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. New York; Lot No. 237 on Map A of "Nassau Point Properties." 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peconic Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Articlb III, Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236.and part of lot No. 235 on Map A of "Nassau Point Properties." 8:25 P.M. (E.S.T.) upon application of John P. and Linda F. Kowalski, 404 Atlantic Avenue, Greenport, New York, (George C. Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way on the south side of Sound View Avenue, Southold, New York, bounded on the north by Sound View Avenue; east by Vilar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jarosz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cutchogue, New York, (Richard J. Cron, Attorney), in accordance with the Zoning Ordinance, Article III, Section 100-30 (A) (2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Ster- ling Lane, Cutchogue, New York, bounded on the north by Bolenlus; east by Bolenius and imbriano; south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Location of property: Little Peconic Bay Road, Cutchogue Dated: April 24, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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, Southold, New York, on ThUrSday, MaY 4, 1978, on the following appeals: 7:30 P.M. (E.S.T.) application of Mr. and ~po~ David Ricereto, Oregon Road, Cutchogue, New York, XAn~ thony. B. Tohili, Attorney) for a vananea in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with sufficient side yard setl~ck. Location of property: l~ght- of-way north side O~gon Road, Cutchngue, New York, bounded on the north by Long Island Sound; east by Baxter: south by Krupski; WeSt by Gallagbor. 7:40 P.M. (E~,Ti1 upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in ac- cordance with the' Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Road. Seuthold, New York, bounded on the north by Whilside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Core Creek; cast by Bugdin; south by Minnehaha Boulevard: west by Haggert. 8:00 P.M. (E.S.T.) upon application of J~ames F. McFarland, 13 Milffred Court, varmnc~-~fi accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Location of property: Little Peconic Bay Road, Cut- chogue, New York; Lot No. 237 on Map A of "Nassau Point Properties." 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peconic Road, Cutchogue, New York~ for a variance in accordance with the Zoning Ordinance. Article III, Section 100-32 and Bulk Schedu/e to place a shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No~ 235 on Map A of "Nassau Point Properties." 8:25 P.M. (E.S.T.) upon application of John P. and Linda F. Kowalski, 404 Atlantic Avenue, Greenport, New York, (George C. Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way on the south side of Sound View Avenue, Southold~ New York, bounded on north by Sound View Avenue; cast by Vilar, Jacobi, and Schar~ south by Morris and Lombardi; and west by Town of Southold and Jarosz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cut- chogue, New York, (Richard J. Cron, Attorney), in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 (A)(2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Sterling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and Imbri.anm south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals should appear at the time and ,qace above specified. ~ted: April 24. 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA27-2970 R, ! [K, ? ss: J .................. being duly Sworn. Printer and Publisher of the SUFFOLK ,wspaper published ~r[ Greenport. in said ~otic~, o! which the annexed is a printed ;hed in the said Suffolk Weekly Times 'r oNr weeks LEGAL NOTICE Notice of Hearings Pursuant t6 Section 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 I~y the Zoning Board of Appeals at the Town HalE, Main Road, Southold, New York, on Thurs- day, May 4, 1978, on the following appeals: 7:30 P.M. (E~S.T.) upon application of M/'. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (An- thony B. Tohill. Attorney) for a variance in accordance with the Zoning Ordinance, Adide III. Section 100-31 and Bulk Schedule for permission to construct dwelling with insuf- ficient side yard setback. Loca- tion of property: Right-of-way, north side Oregon Road, Cut- chogue, New York, bounded on the north by Long Island Sound; east by Baxter, south by Krupski; west by Gallo- 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accord- ance with the Zoning Ordin- ance, Article III, Section 100- 31 and Bulk and Parking Schedule to subdivide an over- ly large parcel into two par- cels. Location of property: west side of Hobart Road, $outhold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C, port Washington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the no~h by Corey Creek; east by Bugdin; south by Minr~ehaha Boule- vard; west by Haggert. 8:00 P.M. (E.S.T.) upo.n ~plicatioa of James F. Mc- Farland. 13 Mtldrea' Uoul~, Floral P~rk, New York, for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-32 and Balk Schedule to place a storage shed in the front yard. Loca- tion of property: Little Peconic Bay Road, Cutchogue, New York; Lot No. 237 on Map A of "Nassau Point Properties." 8:15 P.M (E.S.T.) upon application of Ernst L. Mid- ~e?~ 84A Li.tt, le Pe~_o_n, ic R~o~ad~, COUNTY OF SUFFOLK STATE OF NE'V/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed ~ Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long/Island Traveler-Watch- man once each week for ............ ~' ........................... weeks ~uccessiveiy, commencing on the .~../'. ................................. ..................... ,9..? ...... Sworn to before me this ~ day or . x..~-,:,~-~ .................... , 19..-~- / FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL for perm,t to construct ..... ~.'.~.~.....~t the premises '~c~ted ~t ........................... P ............................... ~1~ ............................................ Lot ........... ~ ....... .~. ..................... is returned herewith ~nd disapproved on the roll,win9 ~ro~nds .............. ~.~.~_..~~.~..~ /ooo- /i/-/¥-17 Building Inspector C ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONI~IG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I_ID~__../'~ ' Name of Apgellont ~/,/Street and Number ......... .................................. ........ APPEAL TO /V~unicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL[~INC~NSPECTOR ON APPLICATION O ................................................ /'-... ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ......... Name of Applican~for permit,~ o, ......... Street and Number Municipality (~[~MIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ............................................Street O'se D~trict on Zoning Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section anti.Paragraph o~oning O.[4Jinance by number. Do not quote the Ordinance,) T~P~F APPEAL Appeal is made herewith for 3. (.~ 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (,hcl.)-(has not) been 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 ( ) ~, Variance to Section 280A Subsection 3 (,~" A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sory HARDSHIP becouse 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Sworn to this ............. .~./ ............................. day o ........... XXXX 1802 July 12, 1978 Mr. James MoFarland Little Peconic Bay Boulevard Cutchogue, New York 11935 Dear Mr. McFarland= As you know, at the July 6, 1978, meeting of the Board of Appeals a resolution was passed unanimously by the Board to rehear an application on your behalf concerning the placement of your storage shed in your side yerd. Enclosed please find the Notice to Neighbors, A~plication, Filing Instructions, and photostatic copies of your originale application to aid you in the filing of this application. Please follow the instructions and file this application with the Southold Town Clerk by Thursday, July 27, 1978, to 8usure your application being placed on the agenda for the August 17, 1978 meeting. If you have any questions, please don*t hesitate to contact US. Yours truly, BABETTE C. CONROY bcc Secretary Enclosures JUDITH T. TERRY TOm CL~RK I~GISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 April 12, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2409, application of James F. McFarland for a variance. Also included is notification to adjoining property owners as follows: Mr. Ernest Midgett, Little Peconic Bay Rd., Cutchogue, N.Y.; Mrs. Nancy Knapp, Little Peconic Bay Rd., Cutchogue, N.Y. Town Clerk JTT/bn May 2, 1978 Appeal No. 2409 - McFarland, James, F. Lot No. 237, Nassau Point Properties MEMORANDUM TO THE FILE Mrs. Nancy Knapp, owner of lot no. 238 stopped to say that according to her deed dated October 18, 1951, "No building shall be located within 20 feet of lot no. 238" Mrs. Knapp will try to be at hearing but has a heart condition so is hoping a friend will accompany her. (Her friend is a member of the Nassau Point Association. bcc ~ade the / o~ ~'~ !and fifty one da.w of October nineteen hundred i ett eenFR~.DERICK C. KANNANN and MURIEL_~ec.K~AN?, his wife, iboth residing at 36-12 212th Street, Bayside, ~.een~ uoun~;y, New York~ Par~es o/t~e ~r~ ;~ NO~N ~o KNAPP and NANCY KNAPP~ his wife, both residing at !370 ~irst Averme, New York City, New York, part'les o! the second part, ONE ($1.00) ................ DoHa~,lawIulmoueyo£the UnitedStates, and other valuable considerations p~d by the par~es o[ the second par~ do hereby grant and release unto tile part tee o! the second part, their heirs and ass~ £orewe~ gU that certain piece, tract or parcel of land, situate, lying and being~at Nassau Point, near the Village of Cutchogue, Town of Southo~d. SuffoLk County, New York, being LOT NUMBER TWO HUNDRED THIRTY EIGHT (2~8) as shown on map of Nassau Point Properties. Inc., dated Ju~ 29, 1922 and filed in the Suffolk County Clerk's office as Map No.155. Said lot is particularly described as follows: BEGINNING at a concrete monument set on the curved southerly line !of ~ittle Peconic Bay Road at the northwesterly corner of lot #2~7 and !the northeasterly corner of lot #2S8 as sho~x~ on a map entitled "Amended iMap A of Nassau Point owned by Nassau Point Club Properties, Inc. ~ituate i in Town of Southold, Long Island, N.Y?, _~led in the Suffglk~U?un~y . !Clerk's office August 1~, 1922 as Map ~15~, from said poin~ or oegmnnmng !running southwesterly along said curved southerly line of Little Peconic !BaY Road. $~ feet· more or less, to a concrete monument set on the iea~terly~line of ~ 1% foot path~or lane, as ~hown on said m~p; thenqe isoutherly along said easterly line of said 15 foot path or mane, 175 fee~, ~more or less, to the shore of Wunneweta Pond, as it now exists; thence northeasterly along said shore of Wunneweta Pond, 90 feet, more ~r_less, to ~the westerly boundary line of said lot ~2~7 as shown on said map, ~nence 1northerly along said lot ~237, 170 feet, more or less, to the point of ~beginning TOGETHER with all the right~ title and interest of the parties of the first part, of, in and to the waters of Wunneweta Pon~ abutting_ ~said premises on the South and the land underneath the s~me ~o the cen~er line thereof and also to the le~d lying in Peconic Bay Road abutting said premises on the North to the center line thereof. SUBJECT to cove~nt~, restrictions and reservations contained in former deeds of record. ~ Also subject to the covenant and restriction as contained in the deed ifrom the parties of the first part to Geroge F and Maria E Barth, said deed ibeing dated June 20th~ 1951 and recorded in the Suffolk County Clerk's 0ffi. Riyerhead, N.Y., June 22nd, 19~1 i~ ~i~er 323q at page t~l~.2 ~ part o~ ~he samd covenant and restriction readlmg t~ no ouilding sna±A oe errec~ec .on said lots 237 or 238 within 20 feet~0F lot 237 or within 20 feet of lot 1238. ~, O~tt~t.C wlth the appurtenances and ail the estate and rlghts of the part,Les o! t~e ~[~t pa~t ~n and to sa~d p~emises. ;o ~a~e a~b to ~o~ ~e premises ~ere~n granted unto t~e par~es o[ t~e second part, ~el~ ~e~s and a~E~ ~orever. C ~[~ the sald part tes ot the first part covenant ~.--That the parties of the first and have Eood riEht to conveX the same, as follow, s: seized of the said premises in fee simple, --That the part ieB of the second part shall quietly en]oy the said premises; ~i~.--That the said premises are free from incumbrances; .~OUt~.--That the par~eS of the ~rst part will execute or procure any further necessary assurance oS the title to sald prer~$es; ~i[~.--That the pa~ ~e5 o~ the ~rst part ~Jll forever warrant the dee to sald pre~se~ ~].--That the ~rantor, Jn compliance wlth Section 13 ot the Lien Law, covenants that the grantor ~Hl receive the consideration for this conveyance and ~iI] hole the right to receive s~ch consJdera~on as a trust tund to be appHed ~rst for the purpose of payJn~ the cost of the improvement and that the ~rantor ~Jil appIX the same ~rst to the ~a~menf o~ the cost o~ the improvement ~efore us]n~ an~ part o~ the total o~ the same ~or an7 other p~rpose. hand ~ and seals the da7 and ~ear ~rst ahove written hereunto set t~e i~ ~tatt o! NEW YORK I ~': On the ~ / ~-~ day ot nineteen hundred and flf~ one belore me came e ertek C. tel flee. his ~ to. me ~nown and ~nown to me to be the individual S described in, and who executed, the [oreEoing l .m~t, an8 ~'Oknowledged to me that they executed the same. RECORDED OCT 29 1951 R~ FORD HUGHES CLERK OF SUFFOLK On the day of be£o~e me came to me known and known to me to be the individual described in, and .who executed· the foregoing instru- ment, and acknowledged to me that he executed the same. ~tatr o! ~.: (oun~ of On the day of before me came nineteen hundred and · the subscribinE witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides in that he knows to be the individual described in, and who executed the foregoing instrument; that he, said subscribing witness, was present, a, nd saw execute the same; and that he, said witness, at the same tlme subscribed h name as witness thereto. 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. Thae~'ois th--~ntention of the undersigned to petition the Board of Appeals of the Town of Soutl~old to re. quest ~Variance)jSpecial Exception) (Special Permit) (the following relief: 2. That the p~erty w~ch is the ~]ect o~ the Petition is Iocat~djacen~o yo~r property and is d~- cribed as follows: ~ 3. That the property which is thr~ subjec, t of such Petition is located in the following zoning district: 4. Th.at by such Petition, the undersigned wi.J[,reque~ the fo, llo~ying relief: .5. That the provisions of the$outhold 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 Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear anc~ b%heard at such hearing. ~ Post Office Address/.~ ~/~,~?*~9 PROOF OF MAILING OF NOTICE NAME ADDRESS LU STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~; ~-~P ~ P/~,~/, /~'~./", , being duly sworn-~'~poses an---~says that on th~ ~day v°efrse sid~oo~,~e~ted to each ~ 9th?ab~oove'-nd:mP~e~:rs~i}e:t ~erU:d~eP~e~fsteht eo~ot~eS~rrt?s~:c~ihv~ re 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 ; that said Notices.,.~vere mailed to each of said persons by (certified) (registered) mail. Sworn to be~o~e metJlis day of ///~'~ ,19 Notary Pub~ ,o~ ' ~ao '3'/ dl~)*' FOR PARCEL NO, '~' SEE SEC, NO. IIS-01-Otl / MATCH LINE I.OA{ 25 26 ~ - 2,9A( C}/./'/ I.?A(C) 1.6A(¢) 1.2 5ATc) ~ /' 1.6A t.gA{c', 1.3A(c) ,,/$4 · 1.4A(c) '55 31 ~,. I A(c) Revisions KEY MAP · 4't . · (~) COUNTY C ~.~.;;;~ ~ _ ....... I,o, ,oo o 2°0 400 Real Property Ta: - '~ .............IlO III i3~~CAL[ IN[[~l H. Russell Ha SUFFC Service · Direcl~