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HomeMy WebLinkAbout2351 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS CORRECTED - SEPTEMBER 19, 1978 Appe~ No. 2351 D~ea October 5, 1977 ACTION OF TI-1E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles G. and Mary A. Tangney 1695 Little Neck Road Cutchogue, New York 11935 DATE P~.t...~.!.. 1977 Appellant at a meeting of the Zoning Board of Appeals on December 1, 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 ( ~ Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becau~ 7:35 P.M. (E.S.T.) - Recessed hearing upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber and Andruski. 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 (b) The hardship created (is) (is not) umque 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 SEE VERSE APPROVED DNING BOARD OF APPEALS After investigation and inspection, the Board finds that the applicant requests approval of access, right-of-way, east side Little Neck Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of this 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. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York, be GRANTED approval of access, right-of-way, east side Little Neck Road, Cutchogue, New York, as applied for, subject to the following conditions: The applicants shall furnish the Board with a survey indicating that his present residence has been set aside and distinguished from the total tract on a plot of at least 40,000 sq. ft. The right-of-way to the applicants' proposed resi- dence shall be improved to a width of at least 15' The topsoil shall be removed to a depth of 6" and replaced with bank run or the equivalent. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. REC IV2D AND FIL?.D BY ~1}i~ SOU~iHOLD TO~?N CLERK ! ~lerk, To~vn of Southold TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF A~PEALS Appe~ No. 2351 Dated October 5, 1977 ACTION OF THE ZONING BOARD OF APPEALS OFTHETO~rNOFSOUTHOLD To Charles G. and Mary A. Tangney 1695 Little Neck Road Cutchogue, NY 11935 DATE..~.z....~., 1977 Appellant at a meeting of the Zoning Board of Appeals on December 1, 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 ( )I Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:35 P.M. (E.S.T.) - Recessed hearing upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 250A for approval of access. Location of property: right-of-way, east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber and Andruski. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary 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 split of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous deeision~f the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and After investigation_and inspection, the Board finds that the applicant requests approval of access, right-of-way, east side Little Neck Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement 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 this 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. THEREFORE IT WAS RESOLVED, Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York, as applied for, subject to the following conditions: The applicants shall furnish the Board with a survey indicating that his present residence has been set aside and distinguished from the total tract on a plot of at least 40,000 sq. ft. The right-of-way to the applicant's proposed resi- dence shall be improved to a width of at least 15'. The topsoil shall be removed to a depth of 6" and replaced with bank run or the equivalent. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Legal Notice -2- Hearings: November 3, 1977 accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient a~ea. Location of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right-of-way; south by A. Grigonis; west by now or formerly Wm. A. Coleman & wf. 8:25 P.M. (E.S.T.) upon application of George Mahr, 19 Zemek Street, Valley Stream, New York (Wm. H. Price, Jr., Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peterson; south by Front Street (Main' Road - Route 25); west by W. Price. ~ 8:40 P.M. (E.S.T.) upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law; Section 280A for approval of access. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber & Andruski. 8:50 P.M. (E.S.T.) upon application of Robert Sorenson ~ c/o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in acCordance_with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory __ building in front yard area. Location of property: east side ' I Equestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon application of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III now or formerly Wm. A. Coleman & wf. 8:25 P.M. (E.S.T.) upon application of George Mahr 19 Zemek Street, Valley Stream, New York (Wm. H. Price, 3r., Esq.) for a variance in accordance with the Zoning Ordinance, Article lll~ Section 100-30 and Bulk Schedule for permission to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peter- son; south by Front Street Main Road - Route 25); west by W. Price. ~ (E.S.T.) upon application of Charles G. andI Mary A. Tangney, i~695 Little iNeck Road, Cutchogue, New !York for a variance in accord- ance with the Town Law, Section 280A for approval ol access. Location of property: right-of-way east side Little Neck Road, Cutchogue. New York, bounded on the north by [ A. C. Mason and right-of-way: ! east by Norwold Subdivision; ~ south by Dunhuber; west by ] Dunhuber & Andruski. 8:50 P.M. (E.S.T.) upon application of Robert Sorenson c/o A. John Gada Gen'l Con- tractor, Inc.. Draxv 13. Fishers Island, New York for a var- iance in accordance with the Zoning Ordinance. Article Ill, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Equestrian Avenue. Fishers Island. New York, bounded on the north by 13raun; east by Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon application of the Estate of Walter Washburn, Bay Ave- nue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article Ill Section 100-30 and Bulk Schedule, and the Town Law. Section 280A for permis- sion to set off lot with insuL ficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New' York, bounded on the north by right-of-way,,Radford; east by Traffica. Schmidt. Dahncke, & ors.; south by other land of applicant; wcst by right-of- way and Radford. 9:15 P.M. (E.S.T.) upon application of Marion M. Roussin c/o Mr. and Mrs. James Hoolahan, North Parish Drive, Southold, New York for plication of James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenpert, New York, bounded on the north by Long Island Sound; east by R. Tasker; south by CR27; west by County Wide Management. 8:65 P.M. (E.S.T.) upon ap- plication of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview, Sour, hold, New York, bounded'on the north by Epp; east by North Road to BaYview; south byE. Gagen & ors. ;west by Dougherty & ors. 8:15 P.M. (E.S:T.) upon ap- plication of Helen R. Schaefer, 3950 Old North Road, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient area. Location of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right- of-way; south by A. Grignonis; west by now or formerly Wm. A. Coleman & wf. 8:25 P.M. (E.S.T.) upon ap- pi/cation of George Mahr, 19 Zemek Street, 9alley Stream, New York (Wm. R. Price, Jr., Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peterson; south by Front Street (Main Road - Route 25); west by W. Price. 8:40 P.M. (E.S.T.) upon ap-! l)lication of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of accesss. Location of property: right-of-way east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way;I east by Norwold Subdivision; by Dunhuber; west by Dtmhuber & Andruski. 8:50 P.M. (E.S.T.) upon ap~ plioation of Robert Sorenson c-o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: east side EqueStrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. 9:00 P.M. (E.S.T.) upon ap- plioation of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III Section 100-30 and Bulk Schedule, and the Town Law, Section 280A for permission to set off lot with insufficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New York, bounded on the north by right-of- way; Raclforil; east by Traffioa, Schmidt, Dahncke, & ors.; south by other land o[ appncant; west by right-of-way and Radford. 9:15 P.M. (E.S.T.) upon ap- plication of Marion M. Roassin c- o Mr. and Mrs. James Hoolahan, . Page 17A North Parish Drive, *Sonthold, New York for a variance in ac- cordance wiih the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to.divide property with insufficient width and area. Location of property: north side Sound View ,Avenue, Sonthold, New York, bounded on the north by Hathaner; east by Hyatt Road (Pvt. Rd.); south by Sound View Avenue; west by B. Young. 9:25 P.M. (E.S.T.) upon ap- phcation of Dorothy Yoerges a-c By The Y.ard, Love Lane, Mat- tituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permissi6;~ to construct addition with insufficient rear y~d ares Location of property: Ehst aide Love Lane, Mattituck, New York, bounded on the north by Raanor- Suter; east by Lois Barker; so~th by Lois Barker; west b~ Love Lane. 9:95 P.M. Upen ap- phcation of James H. Ackerman, ~ Mountain Lake, Lake. Wales, Florida (Clay A. Terry, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A & 100-35 for permission to obtain relief from the Code requirements for fen- cing relative to in-ground swimming pools. Location of property: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north by E-W Road; east by M. Wray; south by M. Reid; west by Private Road; Block 8, Lot 12, Fishers Island Estates. 9:45 P.M. (E.S.T.) upon ap- plication of Rowland A. Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island, New York, bounded on the north by Block Island Sound; east by O. An- del'son; south by Private Road; west by H. Williamson & wf.; Block 25, Lot 8, Fishers Island Estates. 10:OO P.M. (E.S.T.) upon ap- plication of Robert Adipietro, Peconic Lane, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 3O and Bulk Schedule for p~r- mission to change lot lines and convert existing building to dwelling. Location of property: south side Leslie Road, Peconic, New York, bounded on the north and west by Leshe's Road; south by Pontino; east by Indian Neck Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 21, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2833 1T027 N COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: STUART C. DORMAN ...................................... being duly Sworn, says that . ..H~. .... is Printer and Publisher o! the SUFFOLK WEEKLY TIMES, a newspaper published ~r[ Greenport, in said county: and that the notice, of which the mmexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, [or ONE weeks successively commencing on t~e . .TWENTY.-~EVENTH ...... day of OC.T?.BER :. j977 ..... ...... .. %... Sworn to befo:o~ ~e ~hise his .... .'~...~... day of .... .~.~.. .............. NANCY R. DOUGLASS NOTAItY PUBLIC, Stcte o! New York Residing in SuI~o]I: Cound.y Ciks. No, 52-6~8~85 '7~' Gom~issiou F.z~fir~ M~ch 30, 191.~ FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ........................... Date ........................................................ , To e~~.....~.~.~ .... ~...~....c~k ...... ............... ..................... ~..~::::." ............ Pb,EASI: T.,~£~.TIC£ that your application da d ........................................................... ~op ................ %.= ........... ~l~ ~ ...................... ,ot ~ .................................... ~ disapproved on the following grounds ....~.~..:~-~..~.~X-~...:'.~.~-....':~.. ..... ~..~ ....... ~...~:.¢.....~...~.:....~.....~c~c ....... ~../. ......... ~ ........... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~,~,~'~/ TOTHF ZQJ~NG BOARD OF APPEALS, TOWN OF S~THOLD, N.Y. . 1, (We).~.~.~..~...I..~,Y.~ ............... of ./g~rZZ~.Z~-~~~/~//~/ ~ame of App~lo~ Stre~nd Number -- ................................... '~;;~a~;i~} ........................................... ~; .......... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON /\ .o ..................................... ........... .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~. ........ ~ ........................................ / .................. ~. ............ ~.... Street Use District on Zoning Map .............. %. ............................................ ~ .............. C~?~ h 0 G'uc~~- Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para~rapb.~.f the Zoning Ordinance by number. Do not quote the Ordinance.) '~d:o-~, f'o~ L-~ u.~ 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map  A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has 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 A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that ~or~ ~.~]l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because b/Y STATE OF NEW YORK ) ss COUNTY o[ Sworn to this .............. ...~...~. ................... day of ............. ~.~'/~Z~.~3CX'.. .................. 1977 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ,Serge Doyen, Jr. Joseph H. ~awicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOI'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 1, 1990 Mr. Ral~nond Nine P.O. Box 1401 Nattituek, NY 11952 Re: Appl. No. 2351 - Charles and N~_~y Tangney Dear Mr. Nine: This letter will confirm that u~on inspecting the improvements yesterday as constructed by you within the subject right-of-way, the improvements are satisfactory and acceptable. The right-of-way must be updated as the need arises, of course. lk Building Department Attn: Vic Lessard Very truly yours, APPEALS BOARD MEMBERS Gernrd P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIs Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fnx (516) 765-1823 Telephone (516) 765-1800 October 1, 1990 Mr. Ra~mond Nine P.O. Box 1401 Mattituck, NY 11952 Re: Appl. No. 2351 - Charles and Mary Tangney 280-A Update Dear Mr. Nine: As an update to the existing subject right-of-way located off the east side of Little Neck Road, Cutchogue, it is requested that the following improvements be made: 1. The right-of-way to the applicants' residence shall be improved to a width of at least 15 feet and having a clearance from any obstructions (such as brush, etc.) to a minimum of 15 feet; and 2. The base of the access roadway be raised with placement of 30 yards of bank run, to a depth of 6" (at a minimum); 3. The right-of-way be leveled and shaped with the potholes filled. Please contact our office once the improvements have been completed and after a recent rainfall for an inspection. lk Very truly yours, ~. corb¢ ?less APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN~JR ROBERT J. D0UGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrlAID- STATE ROAD 2.5 SOUTHi"1LD, L..I,, N.Y, 11~J'7! TELEPHONE (516) 765-1809 · October 13, 1982 Mr. and Mrs. Charles G. 1695 Little Neck Road Cutchogue, NY 11935 Tangney Re: Appeal No. 2351 Right-of-Way off the East Side of Little Neck Road, Cutchogue Dear Mr. and Mrs. Tangney: We have been asked by the Building Department to re-inspect the subject right-of-way in response to your recent conversation with Mr. Lessard. A recent inspection of the subject right-of-way shows that the right-of-way is not in compliance with the June 12, 1982 report of the road inspector or with the December 1, 1977 decision rendered by the Board of Appeals. Once the right-of-way has been satisfactorily improved, please advise in writing. Yours very truly, lk cc: Building Department Enclosures GERARD P. CHAIRMAN GOEHRINGER Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOI-D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Southold Town Building Department DATE: June 22, 1982 SUBJECT: Your Request Concerning the Right-of-Way to Premises of Charles G. and Mary A. Tangney Gentlemen: We are in receipt of the Town Engineer's recommendations for this right-of-way located off the east side of Little Neck Road, Cut- chogue. It is the opinion of this board that the Town Engineer's recommenda- tions be followed. Gerard P. Goehringer, Chairman ~outhold Town Board of Appeals REPORT NO. 224 ~0M: John W. Davis RE: COMMEN TJ z DATE: June 12, 1982 Inspection of road in private 50 ft. R.O.W. used for Access to Propert~ of Charles G. and Mar~ A. ~e~ (Appeal No. 2351) ~e present roadway is 14 ft. in width and consists of sand and gravel bankrun. ~tts material appears to be stable. However, ~he surface is uneve~ and has depressions and potholes throughout the length. ~he bankrun material has been placed a little beyond the proposed 30 ft. R. 0.W. as shown on the survey and not br ~he entire length of the 50 ft. R. 0.W. From visual observation I could see no permanent drainage problem. ~he present road looks to be about the same elevation as the adjacent properties ard wi th ~e recent exceptional rainfall of over 10 inches, the road would be tempera~ly flooded. REC 0MMKNDA T~ONS: Regrade the present road length ~ith the addition of 3" more of the same kind cf bankrun material used for the initial cc~str~ction, this would take care of the holes, etc., provide a better profLle and make the road a little higher. I can see no reason to continue the access road to ~e end cf the 50 ft. R.O.W. unless it was called for in the 1977 variance. Emergency vehicles could turn around by using the own. er's driveway entrance. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 8, 1982 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 2351 Charles G. and Mary A. Tangney Dear Mr. Davis: Last Saturday we inspected a private right-of-way located off the east side of Little Neck Road, Cutchogue, pursuant to conditions of a variance which was granted in 1977 subject to certain improvement requirements. The right-of-way appears to be elevated lower than the surrounding parcels, and since it has been raining for quite some time we found the right-of-way to be entirely underwater. Before we may approve the improvements to this right-of-way, this drainage problem must be resolved, and we respectfully request that you make recommenda- tions for same at your earliest convenience. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures By Linda F. Secretary Kowalski Southold Town Board of Appeals -2- December 1, 1977 Avenue, Mattituck, New York. The findings of the Board are the Board is in agreement with the reasoning of the The Board finds"that strict application of the would produce practical difficulties or unnecessary - the hardship created is unique and would not be by all properties alike in the immediate vicinity of thi~ and inthe same use district; and the variance will change the .~i~ character of the neighborhood, and will spirit of '- the Ordinance. by Mr. Grigonis0 it was '~ On motion by Mr. Gillispie, RESOLVED, Doris Helf, 1965 be GRANTED permission to set of~ area and construct dwelling, New York, subject to the Avenue, Mattituok, New York, with insufficient width and side.Bray Avenue, Mattituck, condition: Gri¢ This action of is ineffective in the event .that the Town buys the property in question. It is the Bo understanding that a contract was signed on 30, 1977, between the Town and Doris to achieve purchase of the parcel referred to in application. the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, ~ Doyen. 7:35 P.M. (E.S.T.) - Recessed hearing upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law~ Section 280A for approval of access. Location of property: right-of-way, east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber and Andruski. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspaper, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John Monsell; Helen Andruski; Paul Dunhuber. Fee paid - $15.00. THE CHAIRMAN: The applicants are the owners of 4.2 acr~, approximately, on the easterly side of Little Neck Road. T~is 4.2 acres is reached by a 50' right-of-way which has been improved at least up to the point of where their residence is. Southold Town Board of Appeals -3- December.l, 1977 The whole plot appears to have been surrounded with split-rail fe~ is that correct? CHARLES TANGNEY: Yes. THE CHAIRMAN: Is there anyone who wishes to speak for this application? I think we understand it except we don't know what you're going to do with your present house, are you going to sell it? CEA/%LES TANGNEY: That's what we hope to do, we hope to sell that house. Unfortunately, in today's market, we can't sell it as a parcel. Also, we really don't want to move, we don't want to get the kids out of school. We have that land and we'd like to build in the back. THE CHAIRMAN: In the southeast corner. CHARLES TANGNEY: Yes. We can see the water there, and it's just a nicer spot. THE CHAIRMAN: What would you do with the r~m~ining land? that $800 CHARLES TANGNEY: We want to keep it the way it is. We had intention when we moved there. But the taxes have gone from to $2,200 in five years. THE CHAIRMAN: On the whole plot? CHARLES TANGNEY. Yes. If I continue that way it's going to be ... THE CHAIRMAN: It looks as though the plot that you're using where your present house is has a slight indentation. CHARLES TANGNEY: Yes, where Helen Andruski is. Her lot goes deeper than the Dunhuber property, 17' to 20'. THE CHAIRMAN: So that makes the lot on which your house presently is 170' at the northerly end and 187', approximately, on the southerly end. ~HARLES TANGNEY: When I spoke to Mr. Terry, he said it had to be 40,000 sq. ft. and I think it comes out to whatever that computes to, a little more than that. ROBERT BERGEN: Where the house presently is. CHARLES TANGNEY: If this is allowed. exactly, three acres left. There's about, not THE CHAIRMAN: There's 4.2 acres altogether and you've got to take 40,000 sq. ft. out for the present house and you've got Southold Town Board of Appeals '- -4- December 1, 1977 to establish the boundaries, you'll have to get a survey..made I guess. Then you'll have to set off that lot. Are you going to build the house on the remaining three acres or do you want. to set off 40,000 sq. ft. for your new house? CHARLES TANGNEY: I thought I had filled it out that way. We're looking to set off the existing house and permission to build on the remaining land. THE CHAIRMAN: Build on all the remaining land. CHARLES TANGNEY: As it stands right now, all the remaining land. ROBERT BERGEN: But you're going ~o bUild over in the southeast corner. CHARLES TANGNEY: Where we can see the water. ROBERT'BERGEN: Are you still going to maintain that horse? CHARLES TANGNEY: Believe it or not, we don't have a horse anymore, all we have is the fence. ROBERT BERGEN: If you did, you'd have to move that building where you kept the horse. CHARLES TANGNE¥: We moved that horse at the time when we found out you had to be 50' off. Then my son grew out of the horse and no one else wanted him. THE CHAIP~4AN: Mrs. Dunhuber was here at the last meeting and she was inquiring about how many domestic animals you have on the property, such as cattle, horses, goats. CHARLES TANGNEY: My wife raises dairy goats. THE CHAIRMAN: No horses? What about cattle? CHARLES TANGNEY: I have three calves, one belongs to a neighbor and two belong to me. THE CHAIRMAN: How many goats? CHARLES'TANGNEY: Six. THE CHAIRMAN: As far as I know, that is legal. It's pretty hard to come up with, in our Ordinance it's a residential and agricultural zone. ~ CHARLES TANGNEY: Before I got the animals I spoke to Mr. Terry, this is going back a couple of years ago. The only Southold Town Board of Appeals -5- December. l, 1977 thing I didn't have and didn't anticipate was that horse. .Then someone complained about the horse so I came down and. spoke to him again and he said, Betty Neville gave me a copy of it, he s~id large animals consisting of cow~ or horses, one per acre. That's what it works out to be, the calves will be in the freezer anyway. THE CHAIRMAN: You haven't applied for that anyway. It has · nothing to do with it, we were just trying to develop the information. As we read the Ordinance this afternoon, you're permitted two horses if you have one acre. Beyond that ... ~&)BERT BERGEN: One horse for the first acre and'a half-acre for each horse after that. THE CHAIRMAN: TO raise cattle and so forth you have to have 10 acres. FRED HULSE: For cattle, pigs, etc. THE CHAIRMAN: It's nog very clear whether a calf is a domestic animal under our Ordinance the way the Ordinance is written. I think we'll ignore it. CHARLES TANGNEY: They'll be gone. THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, right-of-way, east side Little Neck Road, Cutchogue, New York. The findings of the Board are that theBoard is in agreement 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 propertiesalike in the immediate vicinity of this 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. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York, be GRANTED approval of access, right- of-way, east side Little Neck Road, Cutchogue, New York, as applied for, subject to the following conditions: Southold Town Board of Appeals '- -6- December 1~ 1977 The applicants shall furnish the Board with a survey indicating that his present residence has been set aside and distinguished from the total tract on a plot of at least 40,000 sq. ft. The right-of-way to the applicants' proposed resi-' dence shall be improved to a width of at least 15'. The topsoil shall be removed to a depth of 6" and. replaced with bank r~n or the equivalent. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen° (The Board and Mr. Tangney discussed the possibility of dividing the property into a minor subdivision, which Mr. Tangney indicated he was not interested in doing.) Chairman asked if anyone in the audience was present for ick MoviDg and Storage application. Thomas Jernick ~lied that'he was present and would be glad to answer )ns. The Chairman stated that he wanted to know itions the Board had taken previously on this property, from the April 6, 1972, Board meeting, at which time appeal was heard, was locked in the basement room and therefore unattainable.) Mr. Jernick stated the previous application had been to rebuild after the THOMAS JERNICK: bowling a~ley, it was a what burned was no longer a warehouse. THE CHAIP~4AN: In a "B" zone. Then they changed the Ordinance and it had to be in Industrial. That made' it non-conforming because it would 11 be in a "B" zone. The Town didn't want to change Ghat to Li, Industrial, it's next to a school and so forth. The reason I'~asking you all this, I think what we have to do is postpon? the~earing until the next meeting and renotice it. Accordang to b~r Town Attorney, the legal notice.shoul~ h~ve included that thi~was an expansion of a non-conforming bulldlng. I don't think the~'s any question but that the Board would be happy to grant this, b~ it's a teohnicality that we'll have to stra%ghten out. Is~his going to affect your plans? The next meeting will be Decem~22nd. THOMAS JERNI~K: It's going to be cos .tly because ~'m.~nting eleven trailers right at the present time that we're storin~ f?rniture in~ what we call "storage i~ transit."weath~r co~ ~ltions will probably delay the b~ildlng about two months and It's going to be a bit costly. I'll have to rent those eleven trailers'for two extra months. Southold Town Board of Appeals -9- November 3, 1977 PUBLIC HEARING: Appeal No. 2351 8:40 P.M. (E.S.T.) upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the. Town Law, Section 280A for approval of. access. Location of property: right-of-way, east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber & Andruski. THE CHAIRMAN: There's a letter in the file here to the secretary dated October 24, 1977. "Thank you for your help when I called to postpone my Board of Appeals hearing. I would like to have it post- poned to the next meeting instead of the Nov. 3, 1977, one." /s/ Mary and Charles Tangney They're asking that this hearing be December 1st. We have one at 7:30, Helf, be at 7:40. postponed until I guess this could CHARLES GRIGONIS, JR.: There's a lady down here who has a couple of questions about this. MRS. DUNHUBER: If Mr. Tangney built on this property would he still be allowed to have farm animals? THE CHAIRMAN: That I don't know. There's a limit in the Ordinance as to how many horses you can have. How much acreage does he have? MRS. DUNHUBER: Four something. THE CHAIRMAN: You're concerned with limits as to the number of domestic animals, is that correct? When we have the hearing we'll go into that at length. I saw some when.we were down there, I think we saw goats. It's a little difficult to understand from the map exactly what he's trying to do. There's a right-of-way off of Little Neck Road, a proposed 50' right-of-way. He proposes to run it down here. (on map) MRS. DUNHUBER: Where's he putting the house, east or south of the present house? ROBERT BERGEN: To the east, I would think. THE CHAIRMAN: They want to set off a new lot in the southeast corner. MRS. DUNHUBER: Another thing I meant to ask about is where you can put a fence, he has a split rail fence there now. 0 Southold Town Board of Appeals._ -10- November 3, 1977 THE CHAIRMAN: He can put it on the line, if that's what you mean. MRS. DUNHUBER: Directly on the property line? ROBERT BERGEN: It should be on his side. MRS. DUNHUBER: Why must I have his fence ox my property? ROBERT BERGEN: You shouldn't. CHARLES GRIGONIS, JR.: He can be but not over it. right against the line · MRS. DUNHUBER: Well, you say he can put it on the line ... ROBERT BERGEN: Up to but not on. THE CHAIRMAN: When we were originally considering these fences, we suggested a six'·inch setback from the neighbor, but if you do that lawyers tell us you have a theory of adverse possession which means'that'Y°u could c'lai~ that six or twelve inches, whatever. So when somebody puts up a fence they can put it up to the line. You think his fence is over the line? MRS. DUNHUBER: When he put it up, my grandson came running in and said, "Grandpa, Mr. Tangney's got his fence a couple of feet over on your property." THE CHAIRMAN: OK, I'll mark down here that you were in asking about the number of domestic animals. MRS. DUNHUBER: Farm animals, not dogs and cats. THE CHAIRMAN: Like what? MRS. DUNHUBER: Like cattle, goats, horses. He did have horses, he had a regular racetrack in there. He's selling them now. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the public hearing upon application of Charles and Mary Tangney, Appeal No. 2351, be RECESSED until December 1, 1977, at 7:40 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals h4AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 8, 1982 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Appeal No. 2351 Charles G. and Mary A. Tangney Dear Mr. Davis: Last Saturday we inspected a private right-of-way located off the east side of Little Neck Road, Cutchogue, pursuant to conditions of a variance which was granted in 1977 subject to certain improvement requirements. The right-of-way appears to be elevated lower than the surrounding parcels, and since it has been raining for quite some time we found the right-of-way to be entirely underwater. Before we may approve the improvements to this right-of-way, this drainage problem must be resolved, and we respectfully request that you make recommenda- tions for same at your earliest convenience. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures By Linda F. Kowalski Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS O Southold, L.I., N.Y. 11971 TELEPHONE (516) 765-1801 October 6, 1977 To: From: Re: to: cc: file Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Charles G. & Mary A. Tangney for a variance- Appeal No. 2351 I have on file in my office notification by certified mail John Monsell, 514 First Street, Greenport, N.Y. 11944 Helen Andruski, Little Neck Road, Cutchogue, N.Y. 11935 Paul Dunhuber, Little Neck Road, Cutchogue, N.Y. 11935 ·own Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Speci~ Exception) (Special Permit) (the following relief: 2. That the pro_pe~ty wl~ch is thq subject of the Pe.ti~ion is Iocate~d ~lLa~cent to your property and is des- cribedasfollows: ~¥ JC~ ~J ~ ~ /~/ O ~ ~ ~q~ /ff ~' ~ ~ 3. That the propertv.~which Ls the subject of such Petition is located in the following zoning district: 4. That ~by such Petition/the undersigned will reques~t the following relief: ~'~¥-rJ ~/'d~-~;,~ ~ ,L 5. That the prg~yisions of the_SouthoJ, d Town Zoning Code ~pplicable to the relief sought by the under- signed are: ~-¥&C .~-~ ~ "/~ ~/' 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 sugh 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 rTi~hv~ntoOfa~;eU~lnddabnedhdea~dgnaattsLdc~O~:r~nPgU, blication of such notic7 y~or your representative have the Petitioner 6 0 0 Post Office Addgess ~. ,, ,. PROOF OF MAILING OF NOTICE NAME ADDRESS John Monsell, 514 Frist Street, Greenport, N.Y. 11944 Helen Andruski, Little Neck Road, Cutchogue N.Y. 11935 Paul Dunhuber, Little Neck Road, Cutchogue N.Y. 11935 RECEIPT FOR CERTIFIED MAIL--30~ (plus postage) ! SENT/-O / ~A // ~MARK RN 1 Shows to ~lm and d~e delivered 5~ F With delive~ ~ addressee only ............ ~e ~ DELIVER TO ADDRESSEE ONLY ...................................................... SOd SPECIAL DELIVERY (extra fee requited) .................................... PS Fom~ Apr. 1971 3800 NO INSURANCE COVERAGE PROVIDED-- (See ofher side) NOT FOR INTERNATIONAL MAIL *G~o:~er~ o-4~o.?~a STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ -.Ttr ~h .,~ ,~ ~. ~l ,, ,.,I ~ ~, [. ke~ , being duly s~or~, deposes and says that on thecR~_~, day of ~/'~ ~ Ja ~ .... ~ 19 ~7-~, deponent mailed a true copy of the Notice set forth on the re- verse s~e'~ereof, directed to each of the a'oove-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, a.~'ss_r~erLt roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ' (~-l~J%1o ~, ./~ . ~; ; that said Notices were mailed to each of said persons by (certified) (registered) mail) Sworn to be[ore ~ne this OT/] dayof C)~r7"~,,-~,- ,19 ~' . EL~H ~N N~IL~ ~ARY PUBLIC, ~ate of New Y~ No. 52-81258~, ~lk ~nt~ T~ ~ March ~, 19~ · .,.,'. MATCH LINE FOR PARCEL NO. SEE SEC. NO 097 08.006 SEE SEC, NO. SEE SEC. N0.097 LINE ~5 ~9 tO % 4.7 ;~ 30 25 Helen B. 17.72' F~WN now or formerly ,Mory ZenesM Right $91. house 169.66' now or formerly Paul 417'. 40' Danhuber NOr£ : · : MONUMeNt' now or formerly Je~ie Baldwin .Ev,s,oNs YOUNG & YOUNG __ 400 OSTRANDER AVENUE, RIVER~.~'~ ALDEN W, YOUNG ~u.v~¥ ~O..- CHARLES I'ANGNEY AT GUARANT~ CU~CNOG~E TOW~ OF SOUTHO~D su~o~ co., 7RAH. ~ Michael .,.~_ Savlle Ma~y ~ ~. ' Ze'~es#i Proposed 50 ° ~lndru$[~J Ri§hr Dunhuber ~ Jessie Bo I dwin NO T£ ~ · ~ MONUMENT FOUND LANE), YOUNG & YOUNG OSTRANDER' AVENUE: RIVERHEAD, NEW YORI( HOWARD W. YOL~NG O?'OH/CAGO