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Home My WebLink About1914 TOWN OF $OUTHOLD, ~E~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1914 Dated May 23, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Adeline Cardinale Cardinal Corm~unity Service Corp. 1884 Deer Park Avenue DATE .June...13, 1974 AppeRant Deer Park, New York at a mectin~ of the Zonhig Board of Appeals on June 13, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for · special exception under the Zoning Ordinance (X) Request tot a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board ~ was d~ennined th~ a special exception ( ) be ~anted ( ) be denied pursuant te Artec .................... Section .................... Sub,etlon .................... paragraph .................... ~ the Zonin~ O~inance and the decision of the Building Inspecter ( ) be reversed ( ) be eanfirrnedbecanse 8:05 P.M. (E.D.S.T.), upon application of Adeline Cardinale, c/o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule for permission to divide property with two existing buildings with insufficient area. Location of property: S/S Peconic Bay Blvd., "A" District, Laurel, New York, bounded north by Peconic Bay Blvd.; east by now or formerly G. Harvey Moore; south by Peconic Bay; west by now or formerly Adams - Brown. Fee paid $15.00. 2. VARIANCE. By resolution of the Board i_t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because 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 immediato 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) charge 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. S .E REW. RS . ar]~rie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with two existing buildings with insufficient area on the south side of Peconic Bay Blvd., Laurel, New York. The findings of the Board are that applicant is surrounded by undersized lots with the exception of two on the west. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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, Adeline Cardinale, c/0 Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, be GRANTED permission to divide property with two existing-. buildings with insufficient area on the south side of Peconic Bay Blvd., Laurel, New York, as applied for, subject to the following condition: That applicant receive site plan approval from the Southold Town Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. .LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the prov!slons of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County', New York, public hearings will be h~id by the Zoning Board of Appeals of the Town of Southoid, at the Town Office, Main Road, Southold, New York, on June 13, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of George Ahlers Builder, Inc. , 250 Cox Lane, Cutchogue~ a/c Anthony Principe~ 132-70 Sanford Avenue, Flushing~ New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permissIon to erect home with insufficient sideyards. Location of properny: Lot No. 20, Harbor Lmghts Estates , corner Brigantine Drive & Harbor Lights Drive, Southold, New York. 7:55 P.M. (E.D.S.T.) upon application of M. A. Kelsey Properties, Inc., Box 983, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-62 G, Article VII, Section 100-71 for permissIon to set'off business lot with insufficient area and insufficient offstreet parking, etc. Location of property: Main Road and Love Lane, Mattituck, bounded north by other land of applicant; east by Val Stype; south by Main Road; west by Love Lane. 8:05 P.M. (EoD.S.T.) upon application of Adeline Cardinale, c/o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule for permission to divide property with two existing buildings with insufficient area. Location of property: S/S Peconmc Bay Blvd., "A" District, L~urel, New York, bounded north by Peconic Bay Blvd.; east by now or formerly G. Harvey Moore; south by Peconic Bay ; 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,. Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old. New York, on June 13, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of George Ahiers Builder, Inc., 250 Cox Lane, Cutchogue, a/c Anthony Prin- cipe, 132-70 Sanford Avenue, Flushing, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-34 and Bulk Schedule for permission to erect home with insufficient sideyards. Location of property: Lot No. 20, Harbor Lights Estates, corner Brigantine Drive and Harbor Lights Drive, Southold, New York . 7:SS P.M. (E.D.S.T.) upon application of M. A. Kelsey Properties, Inc., Box 983, South- old, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section' 100-62 G, Article VII, Section 100-71 for permission to set off business lot with insufficient area . and insufficient offstreet parking, etc. Location of property: Main Road and Love Lane, Mattituck, bounded north by other land of applicant; east by Val Stype; south by Main Road; west by Love Lane. P.M. (E.D.S.T.)~ 8:05 application of Adeline Cardinale, ~ c/o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, for a ~ variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 A & Bulk Schedule for permission to divide property with two existing buildings with insufficient area. Location at 8:25 P.M. (E.D.S.T2) upon application of Barbara T. °*arzee, 405 Youngs Avenue, I ituck, New York, for a vari.,nce in accordance with the Zoning Ordinance Article III, Section 100-35 for permission to erect fence over 4 feet in height on road frontage. Loeafion of property: N/S Young's Avenue, Matfituck, bounded north by Mark Road; east by R. Mazgulski; south by Young's Avenue; west by H. Fisher. 8:35 P.M. (E.D.S.T.) upon application of W. H. & P. C. Leverich, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A, B, C, for permission to erect tennis court fencing of over 4 feet in height in front yard area. Location of property: Lot 91, Nassau Point Properties, .Nassau Point Road, Cutchogue, New York. 8:45 P;M. (E.D.S.T.) upon application of Peconic Trading Post, Box 199, Main Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C for permission to erect roof sign on side of building. Location of property: N/S Main Road, Peconic, New York, bounded north by I. Newman & others; east by G. Berkoski; south by Main Road; west by L. Gozeleski. 9:00 P.M. (E.D.S.T.) upon application of James P. Kav- anagh, Main Road, East Marion, New York, for a variance in accordance with the Zoning )rdinance, Article V, Section 00-SI for permission to set off ~xisting motel units as separate dwellings and lots. Location of property: N/S Gardiner's Bay, East Marion, New York, bound- ed north by Dawn Estates Shopping Center and R. and Z. Kaplan; east by Dawn Estates Shopping Center~ south by property: S/S Peconic Bay Blvd., Gardiner's Bay; west by Dawn "A" District, Laurel, New York[ Estates Shopping Center. bonnded north by Peconic Ba~ 9:15 P.M. (E.D.S.T.) upon Blvd.; east by now or formerl3 ~[ application of Southold Yacht Harvey Moore; south by Peconi[ Club, North Parish Drive, South- Bay; west by now or formerl~ old, New York for a variance in Adams-Brown. ~ accordance with the Zoning 8:15 P.M. (E.D.S.T.) ~ Ordinance, Article III, Section application of Flora Luce, Skunk 100-35 for permission to erect Lane, Cutchogue, New York for a fence over 4 feet in h~ight in front variance in accordance with the yard area. Location of property: Zoning Ordinance, Article IlL N/S North Parish Drive, South- Section 100-30 and Bulk Schedule, for permission to set off lot with less than 40,000 sq. ft. area. Location of property: N/S Pine Tree Road "A" District, Cutchogue, bound- ed north by proposed road and other land of applicant; east by existing right-of-way; south by Pine Tree Road; west by Robert Krupski. ald, bounded north by Peconic Southold Harbor) Bay; east by M. Croasdale; south by North Parish Drive; west by Town of Southold. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. DATED: May 30, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 6/6 COUNTY OF SUFFOLK STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk Caunty; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ...... .(;.....~!~L.f. ........... ~',/-. weeks successively, commencing on the ................... ~ .................. Sworn to before me this ....... ~./. ............. day of ........ ::..~:..c. .... '. ;.¢ ...... ~rotary Public' ,/ / NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisiens of ~,he Amended Building Zone 3rdinance of the Town of Southold, Suffolk County, New proposed road and other land of · applicant; east by existing ri~ht- of-way; south by Pine Tree Road; west by Robert Krupskl. 8:25 P.M. (E.D.S.T.), upon application of Barbara T, S~, 4~5 Yoangs Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-35 for permission to erect fence over 4 feet in height an road frontage. Location of property: N-S Yotmg's Avenue, Matfituck, botmded north by Mark Road; east by R. Mazgulski; south by Young's Avenue; west by H. Fisher. 8:35 P.M. (E.D.S.T.), upon application of W.H. and P.C. Leverich, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-25 A, B; C, for per= mission to erect tennis court fencing of over 4 feet in height in front yard area. Location of property: Lot 91, Nassau Point Properties, Nassau Point Road, Cutchogue, New York. 8:45 P.M. (E.D.S.T.), upon application of Peconic Trading Post, Box 199, Main Road, peeonic, New York, for a spec? exception in accordance with i Zoning Ordinance, Article ¥~, Section 100-CO C for pennLssion to- erect roof sign on side of building. Location of property: N-S M~ Road, Peconic, New Yo~ botmded north by I. Newman arid others; east by G. Berkoski; south by Main Road; west by L. York, public hearings will be held Gozeleski. by the zoning Beard of Appeals of, 9:00 P.M. (E.D.S,T.), ~ COUNTY OF SUFFOLK, ~ ss: [theTownofSouthold, attheTown application of James ~P. STATE OF NEW YORK, [Office, Main Road, Southold, Kavanagh, Main Road, East [New York, on June 13, i974 on the Marion, New York, for a I following appeals: variance in accordance with the ........ S.~.~.r.'~., .C.....D.o, .rm,m'A. ........... being duly Sworn, [ 7:40 P.M. (E.D.S.T.) upon Zoning Ordinance, Article V, says that .... h..e. is Printer end Publisher of the SUFFOLK ' application of George Ahlers Section 100-51 for pemfissien in Builder, Inc., 250 Cox l.~n% sot off existing motel units as W~KLY TIMES, a newspaper published ~t Greenport, in s~id Cutchogue, a-e Anthony Prinelpe, separate dwellings and lots. 132-70 Sanford Avenue, Fhmhtng, Location of pmporty: N-S Gar- county; and that the notice, of which the ~m-exed is u printed New York for a variance in ac- diner's Bay, Bast Marian, New cerdance with the Zoning Or- York, bounded north by Dawn copy, has been published in the said Suffolk Weekly Times dimmce, Article IH, SCa~n l~0~b Estates ~mpping Center and R. 34 and Bulk Sqheduie f~ l~W-.. ~md Z. Kaplan; east by Da ~w~. once in each week, f~r ........... ql~..e..{.1] ........ weeks missiOnsufficienttOeldeytmi.ere~ lmme~L0e~mwltli i~,of Estatesby Gardiner s"S~°P'p-ingBay;.Center;w~nt~rY.soU~vv successively ~ommencing on the ......................... 6t~l property: lot ~0... ~, ~Harbor Dawn Estates S~oppmg ' d'~' of ~ J~OL~ ~' l.i~hts Estatea,~Brigan- -9:15 P.M. (E.D.S.T.), upon ~,x .......... )...~ ~.~.~. ti~c Drive and~H~rbor, ll~ohts * apl~ication of Scuthold Yacht ~~ ........................... Drive, Southeld,~ Y~k. .' Club, North Parish Drive, 7:55 P.M. (E~.T.)~ up~ SoUthold, New York for a application of M:A. Kelsoy variance in accordance with the Sworn to before me this ....~.~..h .... PrOperties, Inc., Box 9,,, Zoning Ordinance, Article HI, flay o:[ JuneJ~ . $outhold, New Yor~ for a Section 100-~ for penninsian to ................... Zoning OrdinanCe,' Artiele VI, front yard area. Location of / / //JOSEPH LAWRENCE TOWNSEND ..... Seetien 100~ O, Arflele VII, property: N-S North Parish / / ~/'N0~A~¥-~f~BtlC' O~=' NtW' 'YUR~ ......... Seetien 100-71 for p~rmt~inn to Drive, Southeld, bounded uerth ~ ' ~,e~ ,,; n ~,,io,~ co~t~, set off bustnees lot with in- by Peeonic (Southold Harbor) (:~s. no. ~2-9366~0 sufficient area and insufficient Bay; eastbyM. Croasdale; south ~ (~omm s$ion Expires March 30. 19 offstrentparkinE,-elc~Looatienof by North Parish Drive; west by property: M~in ~ and Love Town of Santhold. Lane, Mattituck, bounded north Any persun desiringto be heard ~by other land of;applieant; east on the above Appeals should by Val Stype; .,s~uth by ~.~.appenr at ~e thne and place Road; west by Love Lan~.: -'~]above speeihed. · 8:0~ p.M. (E:D.S.T.), ~upen [D~ted: May a0, 1974 application of Adeline Card~ e, [ BY ORDEROFTHE c~ ~ Community Service ! so~o~row~ Corp.; 11~4 Deer Park Avenue, · BOARDOF APPEALS Deer Parlt, New York; 'fora. varimice in aceordence with the Zoning 0/'dinance, Article III, Section 100-~ A & Bulk Schedule for permission to divide propertyI with two existing buildings with[ insufficient area. Location of[ property: S-S Peconic Bay Blvd., "A" District, Lam'el, New York, bounded north by Pecome Bay Blvd.; east by now or formerly G. Harvey Moore; south by Peeomc Bay; west by now or formerly Adams - Brown. ~ 8:15 P.M. (E.D.S.T.), ~ applioaties of Flora Lace, SImnk Lane, Cutchogue, New York for a variance in accordance with the Scctiim f00~0 end Buik~, for pa, min/on to set off lut with Loeatim d propen'y; N-S Pine Tree Roadi "A' Dislrict, Cut- ehogue, bounded north_ by TOWN OF SOUTHOLD BUILDING DIEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ........................ i ............................... , 19'~ ...... ...... .... PLEASE TA~ :N~T~E th~ your applicati~at~ ,..~.~.....~...~..p, ......................... , 1~ ...... ~or ~r~,~ ~o ~ ................ ~li.~..~ ........... ~ fl ,e ~rem~ bco~e~ o~ .................................... ~op ................ ' ... ................. Block ......... ~'~ ................................ Lo~ ........... ~ ................ G ............. r~ ~ :I j ' r wu an disapproved on the follow[ngCgrounds ---.~...'~:%...zv......% ........................ ........................................~ ~...~} ................................. ~ ....... ~...:.4. ............. ..~.P..., ~I~..~.I~ ........ ~ .............. ............................ ~ .............................................................. ,Z: .................................................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./~//'Z/~ DATE 5/23/74 TO THE ZONING BOARD OE APPEALS, TOWN OF s.O~TH_oLD;, bLY., ~/o uar~zna~ Oo~m~uni~y ~ervice Co~p. ~c~e o~ Appe~o~$ Sfree$ c~ ~umBe~ Dee~ Pa~k New yo~k Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .-'/ APPLICATION FOR F~ERM'T NO. DATED ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY To Divide Premises with existing dwellings So. Side Peco?.ic Bay Blvd. "A" Dis~ 1. LOCATION OF THE PROPERTY ............................................................................... : .................... Street Use District on Zoning Map Laurel, New York Description at~ached 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 Ordi.nance.) ART lll Sec 100-30 A & Bulk ~chedule 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 (Store of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prev,ous appec {b~¢~) (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 Appee No ................................. Dated ...................................................................... ( ) REASON FOP~ APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm z~ (Continue on other side) REASON FOR APPEAL COnt)nued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficuiti~ or unn~es- sa~ HARDSHtPb~au~ ?roper~y in question is presently u~ed and will eventmally pa~s by title to the children and future heirs of Adeline Cardiuale. It is the intention Of Adeline CaPdi~ale to ~ub-divid, ~aid property as shown in our proposed subdivision survey (~ttaahed hgrsto~ This would allow seperate and di~ti~c~ title ~llowing the continued use by all partiem and eliminating prement and future co~Fllat and haPdship~ 2. The ha~shiDcreated[s UNIQUEandisnotshared by aH prope~ies a;ike in ~ [mmediete vicinJ~ ofthispr~ertyandJnthis use dirtier bec:use as stated above it iS our belief ~his hardship is u~ique and ~ot shared by ~ro~er~y owne~ in the i~media~e vicinity. It should be noted that the three children and thief families have been using the facilities as existing for over 2~ years a~d the subdivision will not ~mbstantially alter nresent use e×oeDting the addition of a third structure on Lot ~3 as ref~rre~ to in our proposed survey° Th~ third structure will be constructed in accordance with any aud all require- menls of Zoning Board and Building Dept. not to eou£1ict with the overall use and appearance of ~he area, 3. The Variance would obse~e the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTR)CT b~au~ Tni~ ~odlvision would ~ot alter e~isting structure for over 25 years and the third lot will conform with the adjaeen~ lot recently ~ubdtvided by Go Harvey Moore on the immediately east of Adeline Oardinale~ The approved we~t le~ on Pecouic Bay Blvd. as subdivided by G~ Harvey Moore, e~nFor~s physically with lot ~ proposed herein and lots n~mbe~ed I and 2 have e~isti~g structures. The structures constructed as a result of the subdivisio~ by G, Harvey ~aore boarder wiihin l0 to l~ fees of Adeli~e STATE OF NEVVYORK COUNTY OF B~FFOLK) SS Si~atu r~e Adetine Car~_nal e Sworn 1'o this ...~..~..?..,~. .................................. day of ...... ~ .......................................... ] 9 74 March 4, 1975 ~.~. Alan A. Cardinale Cardinal Co~u~unity Service 26 Court Street Brooklyn, N. Y. 11201 Re: Subdivision - Cardinale Laurel, N. Y. Dear Mr. Cardinale: We have received information from the Southotd Town Planning Board that they have approved the site plan of Cardinale which was referred to the Planning Board by the board of Appeals. The subdivision map in question is by Young & Young, %74-819 dated November 19, 1974. As-el June 13, 1974 on Appeal No. 1914 the Board of Appeals granted you permission to divide property with two existing buildings subject to site plan approval of the Planning Board. As this approval has now beer received, our file is complete. Yours truly, :mm Robert W. Gillispie, Jr. Chairman Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle February 14, 1975 Board of Appeals Town Clerk's Office Southold, New York 11971 Gentlemen: The following action was taken by the Southold Town Planning Board at a special meeting held February 3, 1975. On motion made by Mr. Raynor, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board under direction from the Town Attorney approve the site plan of "Cardinale, which was referred to the Planning Board by the Board of Appeals. Vote of the Board: Ayes: Wickham, Moisa, Coyle, Raynor. Absent: Grebe The subdivision map in question #74-819 dated November 19, 1974 is attached. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosure October 4, 1974 Mr. Alan A. Cardinale Cardinal Community Service 26 Court Street Brooklyn, N. Y. 11201 Re~ Sub~ivision - Cardinale Laurel, New York Dear Mr. Cardinalez At a regular meeting held on October 3, 1974 the Board read your letter o£ September 16, 1974 and the action of the Southold To~n Planning Board under date of September il, 1974. It appears to us that your next step is to determine a right of way to Peoonic Bay that is satisfactory to the Planning Board. I feel sure the Board -of Appeals will approve a revised right of way which might be suggested by the Planning Board. Yours very truly, RWG=mm Robert W. Gillispie, Jr. Chairman coz Planning Board September 24, 1-974 Mr. Alan A. Cardinale Cardinal Con~unity Service 26 Court Street Brooklyn, N. Y. 11201 Re: Subdivision - Cardinale Laurel, New York Dear Mr. Cardinale: In reply to your letter of September 16th, the Board of Appeals meets on October 3rd, 1974 and I will take this matter up with Mr. Gillispie, the Chairman. Yours very truly, Marjorie McDermott Secretary CARDINAL COMMUNITY SERVICE.// ~6 coL.:,.:' September 16, 1974 Bouthold Town Board of Appeals Southold, Long Island, NY 11971 Att: MarJorie McDermott Secretary Re: Subdivision - Cardinale Laurel, Long Island Dear Mrs. McDermott: I am enclosing herewith copy of the letter received from the Southold Town Planning Board relative to a resolution denying approval of the minor subdivision plan submitted by the captioned. It appears that the plan was rejected due to the fact that the right-of-way to Peconic Bay was considered unreasonably narrow. The purpose of my letter is to advise the Appeals Board that we are more than willing to adjust our plan providing a right-of-way satisfactory to the Planning Board. It appears that this matter is now being referred bank to your board for further action. I would greatly appreciate your efforts in expediting the final approval. I thank you for your courtesy in this matter. AAC :Is Very truly yours, - Alan A. Cardinale June 14, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Adeline Cardinale, Appeal No. 1914 Public Hearing held June 13, 1974 Dear John: The property under application consists of a parcel 100 feet in width on Peconic Bay Boulevard. It is approxi- mately 550 feet in length extending to Peconic Bay, and consists of 1.17 acres. Prior to zoning the applicant constructed two houses on this property as ehown on the survey attached to the application. A family situation exists which they would like to resolve at this time by the subdivision proposed on the attached survey. In granting variances of undersized lots the Appeals Board is required to consider the character of the surround- ing area. In this case, the land immediately to the east was divided into four presently undersized lots of approxi- mately one half acre each. Across the street, on the north side of Peconic Bay Boulevard, are a number of undersized parcels ranging from one quarter to one half acre in size. To the west, separated by two full lots from applicant's property, there are a considerable number of undersized lots as shown on the attached tracing of the tax map. Accordingly, the Appeals Board views the application favorably and has so resolved the matter subject to approval of the Planning Board. Southold Town Board of Appeals -2- June 14, 1974 The applicant has created a road and deeded right of way for the rear lots. It seems to the Appeals Board that applicantts proposal is a most favorable disposition of the property. I believe that all that is required of the Planning Board is a resolution approving site plan which has been proposed by the applicant. Sincerely, RWG=mm Enclosures R. W. Gillispie, Jr. Chairman Southold Town Board of Appeals Southold Town Planning Board SDUTHDLD, L. I., N. Y. 11971 PLANNING BOARD MEMBER8 John Wlckham, Chalrrlan Henry Molsa Alfred Grebe Henr~/ Rayno~' Frank Coyle September 11, 1974 Mr. Alan A. Cardinale Cardinal Community Service 1884 Deer Park Avenue Deer Park, New York 11729 )ear Mr. Cardinale: Th~ following action was taken by the Southold Town Plannin Board at a regular meeting held August 26, 1974. On motion made by Mr. Grebe, seconded by Mr. Coyle, it was PJ J0L~iD to deny approval of the site plan of the minor ~bdi',ision of Joseph Cardinale and Adeline Cardinale becaus~ the right-of-way to Peconic Bay is unreasonakly narrow Vote of the Boar~: Ayes: Wickham, Moisa, Raynor, Coyle and Grebe. This matter is being referred back to the Board of Appeals. Yours truly, Muriel Brush, Secretary Southold Tovrn Planning Board cc: Board of Appeals July 15, 1974 Mr. Alan Cardinale 1884 Deer Park Avenue Deer Park, New York 11729 Dear Mr. Cardinale: I am enclosing a copy of the Action of the Board of Appeals dated June 13, 1974 on your Appeal No. 1914. Mr. Gillispie, Chairman of the Appeals Board, has informed me that he has conferred with the Planning Board Chairman and our Town Attorney with regard to your appeal. I understand that the Planning Board is holding their next meeting on the 22nd of this month and you should be hearing from the Planning Board secretary shortly after the meeting. Yours very truly, MarJorie McDermott Secretary June 28, 1974 Mr. Alan Cardinale 1884 Deer Park Avenue Deer Park, N. Y. 11729 Dear Mr. Cardinale= Our Planning Board secretary, Mrs. Brush, informed me that she had had a conversation with you on the telephone at which time she told you that the Planning Board had disapproved the site plan. I have informed the Chairman of the Appeals Board of your call, and he has asked me to write you that we will have some information for you in about a week. Yours very truly, ~mm Marjorie McDermott, Secretary Southold Town Planning Board c;DUTHDLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coy]e June 26, 1974 Board of Appeals Town Clerk's Office Southold, New York 11971 Gentlemen: This is to inform you that the following action was taken by the Southold Town Planning Board at a regular meeting held June 24, 1974. On motion made by Mr. Raynor, seconded by Mr. Wickham, it was RESOLVED that the site plan of Adeline Cardinale dated June 24, 1974 be disapproved as it does not comply with the 40,000 square foot minimum lot requirement. Vote of the Board: Ayes: Wickham, Raynor, Grebe, Moisa. Absent: Coyle Yours truly, To Southold Building Dept. Zoning Division Southold, Long Island CARDINAL COMIV"'NITY SERVICE CORP. 1884 Deer Par~c Avenue 26 Court Street Deer Park, N. Y. 11729 Brooklyn, N. Y. 11201 (516) 667-5600 Suite 2501 (212} 858-2345 REC~ARDINC~: Adeline Cardinale - Laurel - Sub-division DATE: 5/23/74 Gentlemen: .Pursuant to instructions, I am enclosing herewith application for variance in duplicate, survey showing proposed sub-division and check in the amount of $15. representing required fee. I would appreciate your courtesy in advising my office if there is any further information necessary. Will this office be advised as to the date when our application will be submitted for approval to the Town Board? I thank you in advance for your courteous response. Very truly yours, ~ ~ ~. Cardinale AAC :ls ~, ~ /~ : ~ May 24, 1974 Mr. Alan A. Cardinale Cardinal Community Service Corp. 1884 Deer Park Avenue Deer Park, N. Y. 11729 Dear Mr. Cardinale= Re= ~eline Cardinale - Laurel Subdivision We are in receipt of application for variance, survey and check in the amount of $15.00. Your application will be su~mitted for approval to the Board of Appeals on the evening of June 13th. You will receive a copy of the legal notice of hearing on or about May 31st which will give you the time of hearing. Yours very truly, MarJorie McDermott, Secretary ' ~er~-z~rees to sell and convey, and the purd t . dgt[ees to l~urcl!ase all . WlTNESSETH. that the sc ..... ~ ;,.'~;~g ;o t L~ iUl'eX, ~' '"" , A~ ,.~a with the buildings anti improvements thereon s~tu,..~-_~-[.~,-~.....,~,a. desorib~ as follous: ..... +~.. ~a t~e l-.outh-:l~e of econo * ~~6 ~ ..~ ~. ~.t~rjv from the ~t,~ke ma~n6 She the e~e~ ~l~}ag.~id ~?.~, . m, th~'rt~ line of the oonto Bay ~ulevar~ ft, to_~t~e~ ..... I.. ~,, ~mld Tr. Fullc~r tract; ~henc ~ T~ eaid strike eou~,erA~ ~ ,~. ..... , ,, oontin~n~ Intt, e same dtreotlon to a ot~e ~t hi,q, ~a~er ,n~rk dieter ~00 ft. f~m th~ south~st e mcr of :.aid ~')r. fuller tract :mc. ~eth~r ~.tth t~'e rl(:t;t, t~tle and lnt~rest of the t~ fl~t part tn an to : ec:~nie Bay v l~v:~ra to the center line th~eof ir: rr'~nt of said ~;o-lzes. :;An~ alaO all right title ~n~ lntere~,t of ,ne Fatty of the p~ In a~d %o the beach In i'ront of sal~ [ ~ ,lses as - ell ,:,;-: ~y havo SMITH~ I~INKI~L~TI/IN, LUINIDBERG, CRIMMINS ~D YAK~OSKI P, O. BOX 389 &la~ Crooe v. ~ Stmia~ noat, d of J~:~t.Ls Ve:lrytraXyyou, zs, FRANC;El J. TAIIdBiJSKX of AppoLl. I Tovn AttoFney Present: Hen SUPREME COURT-STATE OF NEW YORK TR;{/kL'~SPECIAL TERM, PART I, SUFFOLK COUNTY EUGENE ~. CANUDO Juslice INDEX NO. 80-13]~0 MOTION DATE 7/30/80 In the matter of the application of ALAN CROCE et. al., ' Petitioners, -against- CHARLES GRIGONIS, JR., et. al., Respondents. Upon tile following papers nombered 1 to MOTION NO. I 3.517 PLTF'S/PE.T'S ATTY: Anthony B. Tohill, Esq. 6 East Nain St. River head, N.Y. 11901 FT'S/RESP'S ATTY: Smith,Finkelstein,Lundberg,Crimmins Yakaboski,Esqs. 456 Grilling Ave., Box 389 Riverhead, N.Y. 11901 read on this motion Notice of Motion/Order to Show Cause and supporting papers and snpporting papers ; Answering Affidavits and supporting papers Replying Affidavits and supporting Pal]ers _ ; Other ; (and after hearing counsel in support of and opposed to tl~e motion)it is, This motion ~s made pursuant to Section 28 CPLR asking the court to reverse and annul a determination of the respondent ZONING BOARD OF APPEALS. The pertinent facts are as follows: The estate of Adelina Cardinale made application for approval before respondents ZONING BOARD OF APPEALS for approval of insufficient area with respect to a certain under-sized parcel. This parcel contained 13,725 sq. ft. The ordinance re- quirement is for 40,000 sq. ft. A hearing was held before respondent on Nay 22, 1980. In a decision dated May 28, 1980 the respondent Board unanimously granted the variance. The language used is, in the court's judgment, significant and decisive of the issue herein. It reads in part, "The Board finds that the circumstances present in this case are unique, and the strict application of the ordianance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance." It is contended by petitioners herein, who are adjoining property owners, that the determination made by respondents herein was arbitrarily capricious and an abuse of its discretion. The contention of petiLioners must' be rejected., A request for an area variance involves a determination as to whether practical difficulties will result from strict'compliance with the zoning ordinance. Where there is a rational basis for its decision, the local zoning board should be sustained. In Hatter of Cowan v. Kern, 41 N.Y. 2d 591 at page 598, the court said, "The oft-stated standard by which a re- quest for an area variance is to be measured is whether strict compliance with the ~a~ Ordinance will result in practical difficulties. The local zoninq, boards ha~e J. S. C. (continued next page) .; Notice of Cross Motion ; discretion in considering applications for variances and the judicial function is a limited one. The courts may se% aside a zoning board determination only where the record reveals illegality, arbitrariness or abuse of discretlol~. Phrased in another way, the determination of the responsible officials will be sustained if it has a rational basis and is supported by substantial evidence in the record." Kern. The facts herein seem cut for the s~andard set forth in the Matter of Cowan v. The petition is hereby in all respects dismIssed Settle judgment within 15 days of the entry herein Dated: December 2, 1980 Southold Town Board of Appeals -7- June 13, 1974 PUBLIC HEARING: Appeal No. 1914 - 8:05 P.M.E.D.S.T., upon application of Adeline Cardinale, c/0 Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule for permission to divide property with two existing buildings with insufficient area. Location of property: S/S Peconic Bay Blvd., "A" District, Laurel, New York, bounded north by Peconic Bay Blvd., east by now or formerly G. Harvey Moore; south by Peconic Bay; west by now or formerly Adams - Brown. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey which indicates that applicant is the owner of property on Peconic Bay Blvd. totalling 1.178 acres on which there are two structures, a stucco house and a frame house. This is one piece of property. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ALAN A. CARDINALE: My father constructed the second house about 25 years ago. THE CHAIRMAN: We checked the area pretty carefully. Adjacent to the east are four lots on a parallel track 200' in ~idth, which narrows down. MR. CARDINALE: The lots are wider on Peconic Bay Blvd. At the water they are narrower. THE CHAIRMAN: 'Has this ever been divided? MR. CARDINALE: No. THE CHAIRMAN: (Referring to survey) There must have been a little jog in here where you built the house. MR. CARDINALE: This was originally a garage for the main house. As it is now, it is the larger of the two houses and more modern. There was a mistake made. That happened back.kin 1948. $outhold Town Board of Appeals -8- June 13,1974 THE CHAIRMAN: In the area to your west there are ~wo lots with one house on each of them. Then, there is a whole series of small lots You are surrounded by under- sized lots. There is one other complication. We can divide one lot into two but we can't create three lots. I think you will have to go to the Planning Board for site plan approval. We will approve subject to site plan approval of the Planning Board. 'MR. CARDINAT~: The basic problem here was lack of foresight of my grandfather, his untimely demise. We did not realize the problem until the family grew up. What Adeline Cardinale is trying to do is to straighten things out. THE CHAIRMAN: I believe what will help you is that there are small lots all around. MR. CARDINALE: The maintenance of the property is good and it will continue that way. (An adjoining neighbor asked if the third piece of property that goes to Peconic Bay would be separated where an additional third house would be built, and whether the Town had any objection to that third piece). THE CHAIRMAN: Yes, the separation is in the proposal. If this is granted, that would be implicit in the application. MR. CARDINALE: There is no time limit. They just want to have foresight. THE CHAIPd~AN: The Town requires~40,000 sq. ft. as of now. The original zoning ordinance called for 12,500 sq. ft., later the subdivisions that went in graduated to 20,000 sq. ft. Largely, it was the Board of Health Ghat was leading us to larger lot sizes. We got to 40,000 sq. ft. in 1971 not due to any foresight on our part. The Board of Appeals is left with unresolved situations. The community is over 300 years old and we can't make everything fit into patterns. On the one hand we are trying to uphold the zoning ordinances of the Town but have to take into con sidera- tion the hardships to people living here. We are faced with picking up the pieces. RI think the consensus of opinion is that this applicatio~should be granted subject to approval by the Planning Board~ Southold' Town Board of Appeals -9- June 13, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with two existing buildings with insufficient area on the south side of Peconic Bay Blvd., Laurel, New York. The findings of the Board are that applicant is surrounded by undersized lots with the exception of two on the west. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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. Gillispie, seconded by Mr. Hulse, it was RESOLVED~ Adeline Cardinale, c/o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, be GRANTED permission to divide property with two existing buildings with insufficient area on the south side of Peconic Bay Blvd., Laurel, New York, as applied for, subject to the following condition: ~That applicant receives site_plan approval from the Southold Town Planning BoardJ Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1915 - 8:15 P.M. (E.D.S.T.), upon application of Flora Luce, SkunkkLane, Cutchogue, 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 less than 40,000 sq. ft. area. Location of property: N/S Pine Tree Road "A" District, Cutchogue, bounded north by proposed road and other land of applicant; east by existing right-of-way; south by Pine Tree Road; west by Robert Krupski. Fee paid $15.00. FORM NO. · TOWN OF SOUTHOLD BUII.r~ING DEPARTMENT Town Clerk's Office Southold, N. Y. Cerlificnte Of Occupnncy No. Z9557 Date December 26 78 Blvd · THIS CERTIFIES that the building located at .26.~0 .Great. Peco~.c ,Bay. ~ Map No ............. Block No ........... Lot No .................................. REQ~S FOR ONE FAMILY DW~.T.ING BUILT PRIOR TO conforms substantially to the:~op 'hc~im~~ '~ -~ ~ ' CERTIFICATE OF OCCUPANCY dated ..... Apr:[~... 2.5 .... , 19..57 pursuant to which ~ No.. Z9~-57. dated ..... .D.e..c.e.m.b.e..r...2.6...., 19..-?.8, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .......... Pr. iw~.t.e.. 0~e..F~nily .IA, o;k],ing ............................. The certificate is issued to ...... J.,A,..C. ardin~le ................................. (owner, ~j~~ of the aforesaid building. Suffolk County Department of Health Approval ......... .Pr..e.-..E~. ~.~.~.t..~ ............. UNDERWRITERS CERTIFICATE No ............... Pre-Ex, sting HOUSE NUMBER 2650 Street G.~at Peco.ni.c.B.a.y..B.l.v.d.: Laurel, New York Building Inspector County Tex Number 1000-128-6-15 BUILDING DEPARTMENT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 2650 Great Peconic Bay Blvd. (numbe~ & ~tre~t) ~ ~M~INO~ rJoseph Carmina±e ~ ~UDGiViS1On Ad~]i~ C~rdinale Map No. Laurel (Municipality) 74-819, Lot(s) 2 Name of Owner(s) J.A. Cardinale R-1 Occupancy (type) Admitted by: Self (owner-tenant) Accompanied by: Self Key available on site Suffolk Co. Tax No. 1000-128-6-1~ Source of request Victor E. Catalano Date December 12, 1978 Wood Framed #stories CellarPartial Crawl space 2nd. F1 3rd. F1 Toilet room(s). typq DWELLING: Type of construction Foundation cement block Total rooms, 1st. F1 7 Bathroom(s). 1 Porch, typqglassed-in Deck, Breezeway Garag~ Type Heat Gas Warm Air X Fireplace(s) No. Exits 3 Domestic hotwater X ~ype heater Other free standing fireplace rest Patio, typ~ Utility room Hotwater Airconditionin~ Electric ACCESSORY STRUCTURES: Garage, type const. Swimming pool Other NONE Storage, type const. Guest, type const. VIOLATIONS: Housing Code, Chapter 52 ,.Location Description I Art. Sec. Kitchen no shut off-~as stove too & Separate oven 52 52-B 2 This inspection:~ also a update on the J'ollo% mg Build Permits issued on this dwelling: 1. 1960- 746B.P. enclosed porch - Z338 C.0. 2. 1961-1553B.P. addition Z150~ C.0. _ 3. 1962-1951B.P. addition Z174~ C.0. g Remarks: CURTIS HORTON Date of Insp. December 15, 1978 Time start 10:30 end 11:15 ~M FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No...~...1~09 ........... Date .: ................. Oc.t, Qb.etr...2,~. ............ , 19...~.~. THIS CERTIFIES that the building located at S ./.e..a;[~6..~f~.~Oll~..~,~'..~O.~,._e'~.~.~C~treet Lauret Map No ..... ...~,~.... ..... Block No ............ **....,Lot No ................... ***. ........................................ ..... conforms substantially to the Application for Building Permit heretofore filed in this office dated .................... ~e~,l~embe:~...1.4 ................. , 19...61 pursuant to which Building Permit No ..... dated ......... ~e~t.e~b.e~'...1,~ ................ , 19.....~..]~ was issued, and conforms to oil of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ PRIVArI'E ORE P/~IILY DWELLING The certificate is issued to J.A. C~cl/nale, Owner (owner, lessee or tenant) of the aforesaid building. Building Inspector/ ~00 $A , REVIBIONS NO T£: m .- MONUME~/r YOUNG & YOUNG 400 OSTRANDER AVENUE, RIYERHEAD i. AND I~URVEYOR. N.Y.". kIC. NO. tiE.AB ' SUR~EY FOR: JO$£PtY CARDINAI £ AT LAUREl TOWN OF $OUTHO/ D SUFffOLK CO., N.Y. sc*-.': i. = 40' D~TE: MAYI6,1974~ NO. GUARANTEED TO: q5893 S UPPL Y WELL SYSTEM DISPOSAL SYSTEM ~ 0 Ff YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, N£W YORK VISION MAp L. AUBEL ,SUFFOLK CO,'N;Y/ ?f.c,O~kc'