HomeMy WebLinkAbout2434
TOW~ OF SOUTHOLD, NEW YORK
ACTION OF THE ZONinG BOARD OF A~PEAL$
Appeal No. 2434 Dated June 9, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Bradford B. Green
101 Bard Avenue
Staten Island, New York 10310
Appelant
at a meeting of the Zoning Board of Appeals on July 6,
was considered and the action indicated below was taken on your
( ) Request for variance due ~o lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance %o the Zoning Ordinance
( )
1978
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a special exception ( ) be
gra~ed ( ) ~ deEed pursuant to ~ticte .................... Sect~n .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Impeetor ( ) be reversed ( ) be
eo~irmedbeea~e 9:15 y.M. (D.S.T.) upon application of Bradford B. Greene,
101 Bard Avenue, Staten Island, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-31 and Bulk and
Parking Schedule for permission to divide property with insufficient
area. Location of property: Lots No. 189 and 190, Nassau Point,
Cutchogue, New York.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
SEE REVERSE
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 distrlct because
SEE REVERSE
(would not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( be eordirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
APPROVED
) be denied and
After investigation and inspection the Board finds that the
applicant requests permission to set off a lot with an existing building,
on Broadwaters Road, Cutchogue, New York. The findings of the Board
are that the lot to be created would be undersized in a recommended low
density area. Two water studies, a general study by Malcolm Pirnie of
of the Town of Southold, in June, 1967, and the Suffolk County Board of
Health 1971 survey of Nassau Point in particular, updated to 1975,
emphasize the finite nature of the available water supply which is re-
plenished solely by rainfall. In 1975, 80 percent of the wells showed
evidence of salt water intrusion according to the Board of Health letter
of March 4, 1977, which indicates that there is no change in the 1975 test
results. The creation of such a lot would set a precedent for the
division of many lots which are somewhat over 40,000 square feet in Nassau
Point but not large enough for two lots. Many single and separate un-
developed lots on Nassau Point, some undersized- remain to be developed
and should have prior rights to the available water.
The Board finds that strict application of the Ordinance would not
produce practical difficulties or unnecessary hardship; the hardship
created is not unique and would be shared by all properties alike in the
irmmediate vicinity of this property and in the same use district; and
the variance will change the character of the neighborhood, and will not
observe the spirit of the Ordinance.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Bradford B. Green, 101 Bard Avenue, Staten Island,
New York, be DENIED permission to divide property with insufficient
area. Location of property: Lots No. 189 and 190, Nassau Point,
Cutchogue, New York.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen.
RECEIVED AND /LED BY
THE SOUTHOLD TO%TN C[.~t[
DATE ~/~///,/HOUR// o
To~ ~*~, Town of ~athol~
Legal Notice
-2- Hearings: July 6, 1978
8:25 P.M. (D.S.T.) Upon application of Stanley Sledjeski,
(Richard F. Lark, Esq.), 2760 Ruth Road, Mattituck, New York,
for a variance in accordance with the Town Law, Section 280A for
approval of access. Location of property: Map No. 90, Stanley
Sledjeski dated April 30, 1974.
8:35 P.M. (D.S.T.) Upon application of Glen and Ann T. Moon,
Main Road, Orient, New York, for a variance in accordance with
tke Zoning Ordinance, Article III, Chapter 100-30 and Bulk Schedule
for permission to divide property. Location of property: Main
Road, Orient, New York, bounded on the north by Main Road; east
by Ellwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor;
and west by Private Road.
8:50 P.M. (D.S.T.) Upon application of Burris and Vivian
Jester, Beebe Drive, Cutchogue, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-35
for permission to erect a six
Location of property: Lot No.
New York.
9:00 p.M.
Bay View Road,
(6) foot fence in the front.yard.
10, Map of Moose Cove, Cutchogue,
~D.S.T.) Upon application of John A. Polywoda,
Southold, New York, for a special exception in
accordance with the Zoning Ordinance, Article VI, Section 100-60
C 2 for permission to erect a second ground sign. Location of
property: Southwest corner of Main Road (S. R. 25) and Hobart
Road, Southold, New York, bounded on the north by Main Road, east
by Hobart Road; south by J. Lehman and west by Warnaka and Ross.
9:15 P.M. (D.S.T.) Upon application of Bradford B. Green
101 Bard Avenue, Staten Island, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-31
and Bulk and Parking Schedule for permission to divide property
with insufficient area. Location of property: Lots No. 189 and
190, Nassau Point, Cutchogue, New York.
legahc lr.e
LEGAL NOTICE
NOTICE OF
HEARINGS
Pursuant to Section 267 of
the Town Law and the
provisions of the ~,mended
Building Zone Ordinance of
the Town of Southold, New
York, public hearings will be
held by the Zoning Beard of
Appeals at the Town Hall,
Main Read, Southold, New
York, on Thursday, July 6,
1978, on the following appeals:
7:45 P.M. (D.S.T.) Upon
application of Rhumb Line,
Inc., 36 Front Street,
Greenport, New York, for a
special exception to the
Zoning Ordinance, Article III,
Section 100-30 C 6 f for per-
mission to erect an off-
premises directional sign.
Location of property: South-
west corner of Shipyard Lane
and Main Road (S. R. 25),
East Marion, New York,
bounded on the north by Main
Road (S. R. 25); east by
Shipyard Lane; south by
Dawn Estates; west by Dawn
Estates.
7:50 P.M. (D.S.T.) Upon
application of Rhumb Line,
Inc., 36 Front Street,
Greanport, New York, for a
special exception to the
Zoning Ordinance, Article III,
Section 100-30 C 6 f for per-
mission to erect an off-
premises directional sign.
Location of property: South-
west corner of Sills Road and
Main Road (S. R. 25);
Greenport, New York,
bounded on the north by Main
Read (S. R. 25); east by H.
Reese, Jr.; south by Herman;
and west by Ciacia.
8:00 P.M. (D.S.T.) Upon
application of Keith G.
Gilbride, 950 North Sea Drive,
Southold, New York, for a
variance in accordance with
the Town Low, Section 29OA
for approval of access.
Location of property: Right-
of-way off Sound View
Avenue, Southold, New York,
bounded on the north by
Lombardi; east by Bayley and
Schur; south by Morris; and
west by Spurway.
8:10 P.M. (D.S.T.) Upon
application of Stephen
Tsontakis, d-b-a Captain Kidd
Water Co., Middle Road,
Mattituck, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-30 B 5 and Bulk
Schedule for permission to
erect a pump house. Location
of property: Lot No. 36, Map of
Captain Kidd Estates, Mat-
tituck, New York.
8:25 P.M. (D.S.T.) Upon
application of Stanley Sle(~-
jeski, (R' ~rd' Lark,
Esq.), 2'~. Rut, Road,
Mattituck, New York, for a
variance in accordance with
the Town Law, Section 29OA
for approval .of access.
Location of property: Map No.
90, Stanley Sledjeski dated
April 30, 1974.
8:35 P.M. (D.S.T.) Upon
application of Glen and Ann T.
M~n, Main Read, Orient,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III,
Chapter 100-30 and Bulk
Schedule for permission to
divide property. Location of
property: Main Read, Orient,
New York, bounded on the
north by Main Road; east by
Ellwoad, Zarzecki, Jimenez
and Kavazanjian; south by
Tabor; and west by Private
Road.
8:50 P.M. (D.S.T.) Upon
application of Burris and
Vivian Jester, Beebo Drive,
Cutchogue, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 199-35 for per-
mission to erect a six (6) foot
fence in the front yard.
Location of property: Lot No.
10, Map of Moose Cove,
Cutcbegue, New York.
9:00 P.M. (D.S.T.) Upon
application of John A.
Polyweda, Bay View Read,
Southold, New York, for a
special exception in ac-
cordance with the Zoning
Ordinance, Article VI, Section
109-60 C 2 for permission to
erect a second ground sign.
Location of property: South-
west corner of Main Road (S.
R. 25) and Hobart Road,
Southold, New York, bounded
on the north by Main Road,
east by Hobart Road; south by
J. Lehman and west by
Warnaka and Ross.
~ 9:15 P.M. (D.S.T.) Upon
application of Bradford B.
Green 101 Bard Avenue,
Staten Island, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-31 and Bulk
and Parking Schedule for
permission to divide property
with insufficient area.
Location of property: Lots No.
189 and 190, Nassau Point,
Cutchogue, New York.
9:25 P.M. (D.S.T.) Upon
application of Donald G. King,
Rocky Point Road, East
Marion, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 19O-30 and Bulk
Schedule for permission to
divide lot with insufficient
area. Location of property:
Lot No. 16, Map of Jackson's
Landing, Mattituck, New
York.
Dated: June 26, 19~8
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1TJ29-3015
~w-~tnanee, Article III, Chapter
100-30 and Bulk Schedule for
permission to divide property.
Location of property: Main
Road, Orient., New York,
bounded on the north by Main
Road; east by Ellwood, Jar-
zecki, Jimenez, and Kavazan-
jian; south by Tabor; and west
by' Private Road.
8:S0 p.~. (D.S.T.) Upon
application of Burris and Viv-
ian Jcster, Beebe Drive, Cut-
chogue, New York, for a
variance in accordance with
the Zoning Ordinance, Article
III. Section 100-38 for permis-
sion to erect a six (6) tbot fence
in the front yard. Location of
property: Lot No. 10, Map of
Moose Cove, Cutchogue, New
York.
9:00 p.m. (D.S.T.) Upon
application of John A. Poly-
woda, Bay View Road, South-
old. New York, for a special
exception in accordance with
thc Zoning Ordinance, Article
VI, Section 100-60 C 2 for
permission to erect a second
ground sign. Location of pro-
perty: Southwest corner of
Main Road (S.R.25) and Ho-
bart Road, Southold, New
York. bounded on the north by
Main Road, east by Hobart
Road; south by J. Lehman and
west by Warnaka and Ross.
~' ,9:,15 p.~n.. CD.S...~T.)
al~ I i_c_a [io_9. o_~f_. _BLa.~ord
Green !01 ~Bar~ Avenue,
Staten Island, New York, for a
variance in accordance with
the Zoning Ordinance, Article
~lll. Section 100-31 and Bulk
and Parking Schedule for per-
mission to divide property with
nsufficient area. Location of
property: Lots No. 189 and
190, Nassau Point, Cutchogue,
New York.
9:25 p.m. (D.S.T.) Upon
application of Donald G. King,
Rocky Point Road, East
Marion, New York, for a
variance in accordance with
the Zoning Ordinance, Article
111, Section 100-30 and Bulk
Schedule for permission to
divide lot with insufficient
area. Location of property: Lot
No. 16, Map of Jackson's
Landing, Mattituck, New
York.
Dated: June 26, 1978
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
1 T-6/29 (542)
NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
No'rICE OF DISAPPROVAL
File No .....~..~.4. .................................................. Date ......................... ..7..~,D,~J...~.6 .............. , 19..'/.~,
Staten Island~ New. Yor. k 10310
PLEASE TAKE NOTICE~thot your application dated ...................... j...13~...9..f .............. , 19..~.8...
for permit to ~ ........... ~....J/..~......I ........... at the premises located at ....................................
...... .~ ~...~Z~,~, ~'~...~..~ .............. ~.~.D.~ Street/,
Mep .~.~:;......~?.:~k ............................................ ,ot .~...../.~..~....(2...~ ............ ~s
returned herewith and disapprOVed on the following grounds .....~.~..~......~....~.][...~... .................
g.....~....~ ............................. ,,~, '('/ ? ............ ? .......................................................................................................
.9. ............... ~..:. ....... ~ ........................ ~/.-..::;....f ..................... ' ................ : ........................
Building Inspector
Geo=ge F~.she~
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ......Ruad fo~d ,.R ,... C.~e.n. ................. of ............ 1,Q 1.. Ra~.d..~,.v.e hue., ..........................
Name of Appellant Street and Number
...S.~..~.~.e..~...~s...]:..a..n..~.~. .......................................................... N..e.w....~..o...~..~..' ........ 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
(x)
( )
( )
Name of Applicant for permit
of
.... .u..e..,....s..t ..............................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY .~3n~a.d~/.a~t.e~..~...}~.Q~.d'~...~g.~j'~'~..~q.~.~`.~..~..~..'.....S..e.g.~.°..~.~.~...~.~...B~k 12
Street Use District on Zoning Map
......... 1.56 .................................. 1.8.9.....1.90 ............
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.)
~rt. III/100-31 and Bulk& Parkin~ Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) (has not) been 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 o variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequested forthereasonthat there are two adjacent lots that cannot be
divided because of the location of a dwelling on the line between
the lots.
Form ZB~ (Continue on other side)
REASON FOR APPEAL
. Continued
h STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sar/ HARDSHIP because lots cannot be divided. It is requested that the
line between the lots be redrawn to change long thin lots to~'short
square ones, so that each lot has a house on it, forming lots of
nearly equal shape and size.
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because other houses are built each
entirely on one lot.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the new lots would be substantially the
same size.
)
COUNTY OF
Notary Public
DONNA MARIE CARDINALE
APPEALS BOARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
Southold Town Board of Appeals
SOMTHOLD, L. I., N. Y. 11~71
TELEPHONE 765-2~
1802
August 28, 1978
Mr. Bradford B. Green
101 Bard Avenue
Staten Island, New York
10310
Dear Mr. Green:
Regarding your application dated June 9, 1978, we wish to
advise you of the following.
We find that the Board previously divided this property,
application No. 2400 dated February 24, 1978, Burt G. Lewis
as agent for Victor Teich. The action dated March 23, 1938,
granted permission to change the lot lines and approval of
access as suggested in your application No. 2434. A copy
of the survey attached to application No. 2400 indicating
the suggested division as well as showing the access is
attached for your information.
Yours truly,
RWG:bcc
Enclosure
ROBERT W. GILLISPIE, JR.
Chairman
xxxx
1802
xxxxxxxxx-
Terry Tuthill
August 7, 1978
Mr. Bradford B. Green
101 Bard Avenue
Staten Island, New York
10310
Dear Mr. Green:
Please indicate to us the nature of the "Mistaken
information" on which our decision was made on
July 6, 1978.
Yours truly,
ROBERT W. GILLISPIE
Chairman
RWG:bcc
Bi~DFORD B. GREEN
July 31, 1978
Zoning Board of Appeals
Town of Southold
Town Clerk Building
Southold, New York 11971
Gentlemen:
Re: Appeal No. 2434
I would like to request a new appeal on the grounds that
the action taken by the Board on June 9 was based on
mistaken information.
Very truly yours,
BBG:th
//S~u~h°ld Town Board.of Appeals -16- February 17, 1977
//PUBL O ARING. Appea1NO. 2245-8:40p.M. .S.T.,
//upon application of Arnold an~ Diana Gardner, Nassau Point Road,
// Cu~hogue, New. York for a variance in accordance with the Zoning
//~/. O~di.Ordinance, Article III, Section 100-30 and Bulk Schedule for per-
mlss~on to set off lot with existing building. Location of prop-
erty: west side Nassau Point Road, east side Wunneweta Road,
Cutchogue, New York; Lots #141 and 142, Map of Nassau Point
Properties.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newapapers, and notice to the
applicant. The Chairman also read statement from the Town C~erk
that notification by certified mail had been made to: Richard
Anderson; Arthur John Flynn. Fee paid - $15.00.
THE CHAIRMAN: The survey accompanying the application by
Van Tuyi, dated December 7, 1976, the premises under discussion
on Wunneweta Road are 137' on the northerly dimension, 150' on
the easterly dimension, 151' on Wunneweta Road, and 160' on the
southerly dimension, that makes 22,585 sq. ft. The map indicates
a number of surrounding properties which are, some are larger,
some smaller. Is there anyone present who wishes to speak for
this application?
ARNOLD GARDNER: I wish to speak for it, but merely to state
that what you just read in the application is the position we wish
to take in this matter.
THE CHAIRMAN: Is this more than one lot of the original
division?
ARNOLD GARDNER: Yes. Originally, it was one lot, #141.
Then that was split off with an adjacent lot so that it con-
s~itutes a lot and a half. The original lot was a 100' lot
that ran from Nassau Point Road to Wunneweta Road. Then they
took 50' of a lot between that and the corner lot now owned by
Flynn and made each of those lots 150'.
(The Board and Mr. Gardner discussed the location and
the size of the property.)
THE CHAIRMAN: Is Prume across the street from you?
ARNOLD GARDNER: On Wunneweta it's Dr. Goldhush.
THE CHAIRMAN: He seems to have a lot that smaller than
the one you're ...
ARNOLD GARDNER: Well, Supin, which is now owned by VanCott,
is smaller. Then there's a commercial lot almost across the street
where they have this dockage place. It's called Wake White on the
map but actually it's Rambo.
Southold Town Board of Appeals
-17-
February 17, 1977
THE CHAIRMAN: Anyone else wish to speak for this application?
(There was no response-)
Anyone wish to speak against this application?
RICHARD CRON, ESQ.: I'm here to represent Mr. Richard
Anderson, who is a property owner to the south of this particular
parcel. The reading of the application seemed to indicate to me
that probablY the most compelling reason that's being advanced by
the applicant for the granting of the application is that it's
going to enhance his investment in the property. If I understood
the literal reading of the application, he is intending to sell
the piece that is being suggested as being parcelled out, and to
lease the remaining property to somebody else. This application
is both in a way an area variance application and, to a certain
extent, a use variance application. Because what the applicant
proposes %o do is to break out a given area from a larger parcel,
which would fall in the nature of an area variance, and at the
same time he's enlarging the use of the parcel, the overall parcel,
by creating basically a two-family type of situation on this one
particular tract. It's certainly clear that there's a substantial
lacking in area requirements as far as bulk schedule is concerned
as to the parcel that's to be cut out. Moreover, you're left with
a situation where you're going to have a rear yard on the parcel
on which there is presently a residence of less than 50' I
think this probably falls into an area of a violation of our
zoning ordinancel This doesn't fall, I heard no proof or no state-
ment that would establish that there's practical difficulty in
terms of granting an area variance. Frankly, if you were dealing
in the area of a use variance, I heard nothing that smacks of
financial hardship for the purpose of granting such a variance.
Our ordinance defines a subdivision as the breaking apart of a
~ parcel of land into two or more parcels and the ordinance, in
doing so, requires that you have 40,000 sq. ft. in that particular
parcel of land.
I disagree with the applicant's observations that it's
in conformity with the adjoining area. Certainly Mr. Anderson's
lot runs from Nassau Point Road to Wunneweta and so does Mr.
Flynn's. I would assume that the Board is prepared to open
Pandora's box by also granting similiar applications to those
people. In other words, we're going to break out, and what we're
creating here is a situation of 40,000 sq. ft. improved lots and
creating 20,000 sq. ft. unimproved lots, which is in direct vio-
lation of our zoning ordinance.
THE CHAIRMAN: I think that the Nassau Point properties are
generally smaller than 40,000 sq. ft. just as many other sec%ions
of the Town are.
RICHARD CRON, ESQ.: Not in this particular area.
Southold Town Board of Appeals
-18-
February 18, 1977
THE CHAIRMAN: Some of them are, yes.
ARNOLD GARDNER:
zoning law.
THE CHAIRMAN:
in the ordinance?
RICHARD CRON,
They were subdivided before the one-acre
Is this one of the excepted subdivisions
ESQ.: This one is the A~ended Map "A" of
Nassau Point Club Properties. I think the excepted parcels are
in the beginning of the ordinance. Here it is. A quick scanning,
unless my eyesight deceives me, there's no exception as far as
that map i~ concerned.
THE CHAIR~N: Some of the area in Nassau Point is excepted.
RICHARD CRON, ESQ.: I bring to the attention of the Board
that there's got to be sufficient legal reasons advanced for the
granting of the application. Frankly, I haven't heard any.
THE CHAIRMAN: I think that the applicant said that it would
be an economic hardship to ... he'd have to lease the property.
RICHARD CRON, ESQ.: You're leasing a house, there's one
house on it. You know, I could understand if there were tw~
houses on there and you wanted to set off one so that you would
have two separate entities in existance, but right now, yQu're
creating a sub-par lot if you grant the application. Substantially
sub-par. There's no practical difficulty involved in setting off
this particular unimproved lot consisting of a little better than
20,000 sq. ft.
THE CHAIRMAN: Just the economic hardship.
RICHARD CRON, ESQ.: What's the economic hardship there,
that you can't rent the land because it has 20,000 sq. ft. more,
I can't buy that. He's renting the house, he's not renting the
land.
ARNOLD GARDNER: Actually, when you consider the values of
property on Nassau Point, if you try to lease an acre and a half
located the way this is, if you try to get a fair return on your
investment based on these values, on a lease basis, it's almost
impossible. You just can't get it. To your point about this
property being out of character with the adjacent properties,
actually the one and one half acre piece is larger than 16 adjacent
properties. If the variance were granted, the half acre would be
larger than five nearby properties.
RICHARD CRON, ESQ.: It's certainly going to be out of
character as to your two neighbors, though, on the north and
the south.
Southold Town Board of Appeals
-19-
February 17, 1977
ARNOLD GARDNER: So are five existing properties.
THE CHAIRMAN: We've never been able to get a guideline on
what constitutes a neighborhood. We generally look at the whole
area and if there are X number of undersized lots, under 40,000
sq. ft., we usually grant any reasonable application. This appears
to me to be a reasonable application and I can fully concur with
the view that the land is appraised there so that you can't very
well rent it along with the house, too. How long are you going to
rent it for, a long time?
ARNOLD GARDNER: Yes, a long lease.
THE CHAIRMAN: So, this isn't just a one-season deal.
ARNOLD GARDNER: No, it wouldn't be a summer rental, it
would be for year-round use.
THE CHAIRMAN: Are you living there now?
ARNOLD GARDNER: No, I'm living across the street.
house is vacant.
The
THE CHAIRMAN: In view of all the decisions on area variances,
which are less restrictive than use variances, it would be pretty
hard to show that this is going to affect the safety, health, and
welfare of the Town of Southold.
RICHARD CRON, ESQ.: What I'm concerned about is the
practical difficulty of the situation. You're talking about an
area variance. Frankly, I find no practical difficulty in leasing
the land in terms of an acre and a half against an acre. You're
enhancing a residential dwelling and making it into an investment
at the request of the applicant in direct violation of the zoning
ordinance. I would assume that you would now have to give favorable
consideration to each of the adjoining owners if they come in and
likewise decide to parcel out 20,000 sq. ft. That would create
six residences where there were three.
CHARLES GRIGONIS, JR.: There's no way you could stop that.
RICHARD CRON, ESQ.: I think it's a substantial deviation
from the ordinance to grant this application on the basis of
practical difficulty for the reasons that have been advanced.
THE CHAIRMAN: I don't think it's a practical difficulty,
I think it's an economic difficulty.
RICHARD CRON, ESQ.: Where's the economic hardship?
THE CHAIRMAN: Well, I don't know what it's appraised at,
what the land is worth, but his tax bill probably reads something
Southold Town Board of Appeals -20- February 17, 1977
like $12,000 for the land and $10,000 for the house. I'm just
guessing, but the land is probably almost as much as the house
on the tax bill.
RICHARD CRON, ESQ.: Frankly, I don't see any substantial
economic hardship, I think the variance is basically a use vari-
ance that involves economic hardship.
ARNOLD GARDNER: What would you say is a fair return on
investment?
RICHARD CRON, ESQ.: I don't think one looks at a residential
dwelling in terms of a fair return.
THE CHAIRMAN: You do if you're stuck with it.
RICHARD CRON, ESQ.: If you sell
return on it, but if you're using it,
buy.
it you look for a fair
this is what you chose
to
ARNOLD GARDNER: No one can dictate what someone else wants
to do with his own property.
RICHARD CRON, ESQ.: We're not trying to dictate, all we
insist upon is that the Ordinance be strictly applied to a given
situation.
THE CHAIRMAN: Well, if we denied this it would be c6ntrary
to the policy we pursue here, have pursued for the last four or
five years.
RICHARD CRON, ESQ.: But I'll bring to your attention that
most of the time you were dealing with area variances, you were
not dealing strictly with vacant land. You were dealing with
situations where there were existing buildings on the land.
THE CHAIR/~AN: No, I would say that more of ours deal with
vacant land than they do with land where there are structures.
Occasionally we have them, tonight we have two of them. But we
have frequently dealt with vacant land. We frequently have con-
troversial hearings where, say, a fellow wants to break up 66,000
sq. ft. into two 33,000 sq. ft. lots and everybody in the area is
on 20,000 sq. ft. and they line up to object.
RICHARD CRON, ESQ.: That's a different situation than what
you have here though.
THE CHAIRMAN: We don't go into motivation. Anyone else
wish to speak?
CHARLES JANTZEN: I own lot #145 on Nassau Point Road.
Southold Town Board of Appeals -21- February 17, 1977
THE CHAIRMAN: What's the size of that lot?
CHARLES JANTZEN: 7/8 of an acre. One of the problems that
you say might be grounds ~or denial of such a request would be on
the basis of health requirements, I think you mentioned that.
THE CHAIRMAN: Well, that's up to the Board of Health.
CHARLES JANTZEN: I would like to bring to your attention
some of the investigation on the ground water situation on Nassau
Point as presented by the Board of Health to the Nassau Point
Property Owners Association at their annual meeting on August 24,
1975. Many of the people on Nassau Point are very concerned about
the tenuous situation of the ground water that exists in that area
right now. As a matter of fact, Nassau Point is very different
from the mainland of the North Fork in that the ground water table
is much more subject to intrusion because of its close proximity
to water all around. This diagram right here wil~ show you the
approximate relationship between the mainland of the North Fork
and Nassau Point and the existing ground water under both. Ap-
proximately 50% of the wells on Nassau Point are suffering from
salt water intrusion at the present time where we have an excess
of 250 parts per million. Many of these wells are up to 1,600
parts per million. The lens of water that is under Nassau Point
is shaped like a camel lens in that the people who are closest
to the edge of the water will be the people who are going to be
without water first. This piece of property is fairly close to
the edge of the water, although many other people will be affected.
The projected study by the United States Geological survey and the
Town of Southold says that Nassau Point will support 350 homes.
"However, several factors must be incorporated into any allowable
density in this area."
THE CHAIRMAN: when was this report made?
CHARLES JANTZEN: 1963.
THE CHAIRMAN: How many houses have gone up since then?
CHARLES JANTZEN: We have presently about 300 houses on
Nassau Point, and it says further in the report that we would
have room for approximately 50 more houses from the present time
and this, of course, barring no drought, because we get all of
our water replenished strictly from ground water, there's no
artesian system on Nassau Point. All of the water is strictly
recharged from rain water. We have approximately 300 houses or
homes on Nassau Point right now. We figure that we have a suffi-
cient amount of ground water to support the present population.
But, in conclusion, "Nassau Point has a limited quantity of fresh
water in underground storage due to the salt water of the Bay's
existing below the peninsula" and 50% of the wells presently are
incurring salt water intrusion and their recommendation, on the
Southold Town Board of Appeals
-22- February 17, 1977
last page here, is to "establish low density zoning in the area;
prevent any dredging of the shoreline; if the condition of the
ground water shows deterioration, a central water supply for the
peninsula should be established to provide management of the
resource." If this has to come about, it's going to be a hard-
ship on all of~the people of Southotd Town, not.only the people
on Nassau Point. I think we're going to open Pandora's box
because Mr. Flynn, who is on the north side, an absentee land-
lord, probably would like very much to have that piece of prop-
erty divided. In the light of the water situation right now,
it's not such a good idea.
THE CHAIRMAN: That's a 1963 report?
CHARLES JANTZEN: Yes, 1963.
THE CHAIRMAN: There have been some more recent ones than
that.
CHARLES JANTZEN: Well, if that was the situation back in
1963, it certainly wouldn't have gotten much better, it's
gotten a lot worse.
THE CHAIRMAN: I know. Have you got anything more recent
than that? There were some studies done.
CHARLES JANTZEN: In 1971, this report was made by the
General Engineering Unit of the Suffolk County Department of
Health. They pretty much came up with the same results.
THE CHAIRMAN: Well, I think this is a much more substantial
reason for reconsidering Nassau. Point now. Just what the function
of the Board of Appeals would be in this, I'm not sure, but we can
bring it to the attention of the Town Board and the Planning Board
and it may be that this should be, any further division of lots on
Nassau Point should be eliminated. Whether we can legally do this
or not, I'll have to investigate.
CHARLES JANTZEN: Could you postpone the decision until we
get more information?
THE CHAIRMAN: Yes.
RICHARD CRON, ESQ.: I'd like to add to this particular
argument if I may. I think the Health Department of Suffolk
County would probably require that this be done through a sub-
division map basis, an approved subdivision map. Any subdivision
now, a breaking down of parcels subsequent to 1970 is being looked
on with a real jaundice eye by the Suffolk County Health Department.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
Southold Town Board of Appeals
-23- February 17, 1977
RESOLVED that the Southold Town Board of Appeals POSTPONE
DECISION upon application of Arnold and Diana Gardner, Appeal
No. 2245, until March 10, 1977, at 7:45 P.M. (E.S.T.).
/~Vote of the Board: Ayes: -Messrs: Gillispie, Hulse, Grigonis.
//
// PUBL.IC HE. ARING: Appeal No. 2248 - 9.10 P.M. (E.S.T.)
// upon application of James J. Murphy, 3617 Johns Street, Wantagh,
// New York for a var. iance in accordance with the Zoning Ordinance,
/ //~ Article III, Section 100-118 E for permission to enlarge an
~/ existing, non-conforming building, Location of property: north
side Horton Lane, Southold, New York, bounded on the north by
Long Island Sound; east by A. Derosa; south by Horton Lane Beach;
west by Horton Lane Parking Lot.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting to
its publication in the official newspapers, and notice to the
applicant. The Chairman also read statement from the Town Clerk
that notification by certified mail had been made to: Mr. and
Mrs. Robert Dow. Fee paid $15.00.
THE CHAIRMAN: The dimension of the entire new construction:
front, 24'; rear, 24'; depth, 30'; height, 23'; two stories.
The size of the lots is 120.11 in the front, 120.03 on the rear,
the depth is 344.5'. It was purchased December 17, 1970. Is
there anyone present who wishes to speak for this application?
(There was no response.)
There's no one here for this application? Well, my under-
standing of it is that there are four houses on one lot here,
they're all cottages. The house that is to be enlarged has been
demolished. When we went down there, the bulldozer had been
there before us, and it isn't there anymore. There are two or
three other houses on the same lot, I don't know whether it's
jointly owned or not. I think in any case we'll have to post-
pone it until the applicant tells us who owns the property and
how many houses are on it, where they propose to put the new
house, etc.
On motion by Mr. Hulse, seconded by Mr. Grigonis, it was
RESOLVED that the hearing upon application of James J.
Murphy, Appeal No. 2248, be ADJOURNED until March 10, 1977,
at 8:00 P.M. (E.S.T.).
Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis.
JUDITH X. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
June 12, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
~ransm~tted herewith is.~oning Appeal No. 24}~ application of ~radford B.
reen rot a variance. Also inclu3ed are notzzzcatzon to adjoinzng property
owners as follows: Mr. & Mrs. Charles J. Rausch, 665 Broadwaters Road,
Cutchogue, N.Y.; Mr. George E. Barker, Broadwaters Road, Cutchogue, N.Y.;
Ms. Honorah McC. Fleming, 23 Winthrop Street, Williston Park, N.Y.
Town Clerk ~
JTT/bn
cc:file
Enc./
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
BRADFORD B. GREEN :
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 (Variance) ~l~:~ed:il~lTal~ ' ~ ....
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: M&p NO. 156, Lore No. 189 & 190.
3. That the property which is the subject of such Petition is located in the following zoning district:
Di~t. 1000~. Sect. 104. Block 12. Pcls, 5&6,
4. That by such Petition, the undersigned will request the following relief:
permieeion to
5. That theorovisions of tp_e Southold Town Zoning Cod. e applicable to the relief sought by the under-
signed are: Ar%, III/100 3! and Bulk & Parkxng Schedule.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: ~ ~// /.,9 7Y.
Post OfficeAddress
101 Bard Avenue
S~a~en Im!~nd. New York
1O31O
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Mr. & Mrs. Charles ~ Rausch
665 Broadwaters Road
Cutchogue, New York
Mr. George E. Barker
Broadwaters Road
Cutchogue, New York
Ms. Honorah McC. Fleming
23 Winthrop Street
Williston Park, New York
. o~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Bradford B. Green , residing at 101 Bard Avenue, Staten Iwland,
New York , being duly sworn, deposes and says that on the 9th day
of June ., 19 '~8 , 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-
rice at Wewt Brighton, Staten Iwland ; that said Notices were mailed to each of said persons by
(certified) (le$11aem~l~ mail.
Sworn toabefore me this ~
day of ~
Notary Public
~ROAD~A TER$ CO VE
PROP[RTJE$ .-
\
\
6~ 6
$ ~
%%
TOWN OF $OUTHOLD
31.4 A(¢)
8.1
8 I
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