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HomeMy WebLinkAbout1985 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1985 Dated December 3, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To George Stankevich a/c Edna Doll 6 La Salle Avenue Cranford, N. J. DATE .Jan......9., 1975 Appellant at a meeting of the Zoning Board of Appeals on January 9, was considered and the action indleated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1975 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 an~ the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:45 P.M. (E.S.T.) upon application of George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing -uilding with insufficient width and area. Location of property: North side Private Road-North Drive, bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.); west by Helen Hess. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it 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) 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 d~trict 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 REVERSE 'x~/-~~arjo~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with existing building, with insufficient width and area, on the north side of Private Road-North Drive, Brown's Hills Estates, Orient. The findings of the Board are that applicant is the owner of a lot comprising 1.81 acres which she wishes to divide into two parcels. The neighborhood has been developed for many years and many of the neighboring parcels which have been built upon are smaller than the lots which would be created by division of applicant's property. The wooded and rolling topography of the property would provide privacy for surrounding neighbors from the existing house or a future house on the westerly side of the property. 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, George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, Orient, New York be GRANTED PERMISSION TO divide lot with existing building, with in- sufficient width and area, on the north side Private Road- North Drive, Brown's Hills Estates, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. LEGAL NOTICE Notice of Hearings r¸L, Pursuant to Section 267 of the Town Law and the provisions of the Amended 'Building Zone Ordinance of the Town of Southotd~ 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~ Southold~ New York, on January 9, 1975~ on the following appeals: 7:45 PoM. (EoSoT~) upon application of Harvey Bagshaw, Deep Holes Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII~ Section 100-70 (B) (f) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street° Location of property: N/S Main Road, Laurel (Dist. ii)~ New York~ bounded on the north by Jo O~Connell; eas5 by Ao Gooda!e; south by Main Road; west by Jo O"Connell. 8:15 PoMo (E~S.T~) upon application of Angelo Petrucci, ~ay Avenue (Skunk Lane), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30 (C) and 100-32 for permission to construct private garage in the front yard area of the loto Location of property: S/S of Bay Avenue (Skunk Lane) bounded on the north by Bay Avenue (Skunk Lane)~ esst by other land of applicant~ south by Broadwater Cove/Graham; west by other land of applicant. 8:30 P~Mo (EoS~To) upon application of Valentine Ruch IV, Ruch Lane~ Southold, New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30 and Bulk Schedute~ and Section 100-12~ for permlssion to construct drain sump which will reduce width of Lots 2 and 3. Location of property: 'Lots 2 and 3~ Map of Shorecrest~ south Side CR 27~ Southold, New York. gal Notice Page 2 8:45 P.Mo (EoS.To) upon application of~Beryl Steadman~ Sound Avenue~ Mattituck~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 100-35~ for permission to construct front yard fence over four feet. Location of property: N/S Sound Avenue~ Mattituck~ bounded on the north by Eo Gilles; east by Ho Gi!bourne; south by Sound Avenue; west by Long Island Lighting Company. 9:00 PoM° (EoSoTo) upon application of LeRoy and Martha Paul~ 240 Bit!ard Road~ Cutchogue~ New York for a variance !n accordance with the Zoning 0rdinance~ Article IIi~ Section 100-30 (C) (5) for permission to,~accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E/S Biltard Road~ Cutchogue, New York~ bounded on the north by Stoutenberg; east by Heitman; south by Heitman; west by Billard Road. 9:15 Po~.~o (E.SoT.) upon application of Catherine Wo Drake, 3050 Fairway Drive~ Cutchogue~ New York for a variance in accord- ance with the Zoning Ordinance~ ~ticle II!~ Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of i excessive height~ Location of property~ Lot 16~ Fairway Farms~ Fairway Drive~ Cutchogue~ New York. 9:30 PoMo (EoSoT.) upon application of Andrew Galgano and Others~ 162 Park Avenue~ Bethpage~ New York for a variance in accordance with the Zoning Ordinance~ Article IIS~ Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access~ Location of property: RoOoWo off northeast side of Westphalia Road~ Mattituck~ New York~ bounded on the north by Howard Creek; east ~ now or formerly Gimbernat; south by Penny & Schutt; west by Schutt ~d Others. ~gal ~ Notice Page 3 9:45 P.M~ (EoS.To) upon application of George Stankevich, Esq., a/c Edna Doll, Bro%~s Hills Estates, Orient~ New York, for a variance in accordance with the Zoning Ordinance, Article IIi~ Section 100-30 and Bulk Schedule for permission to divide lot with existing building with insufficient width and area° Location of property: North side Private Road-North Drive, bounded on the north by Long Island Sound; east by Wo Johnson; south by North View Drive (Pvto Rdo); west by Helen Hasso !0:60 PoMo (E.S.T.) upon application of Richard Cron~ Esq. a/c Ivan To Honnett~ Orchard Street~ New Suffolk~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 100-31 and Bulk Schedule to alter and rebuild dwelling on non=conforming lot with two existing dwellings. Location of property: Orchard & Third Streets~ New Suffolk~ New York, bounded on the north by Orchard Street; east by Third Street~ south by Helen Kapp; west by G. Lombardi. 10:15 PoMo (E~S.T.) upon application of William Jo Clark~ ESqo a/c Wilfred & Anna Corwin~Factory Avenue~ Mattituck~ New York for a variance in accordance with the Zoning Ordinance~ Article IiI~ Section 100~30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining loto Location of property: Factory Avenue~ Walnut P!ace~ Sound Avenue~ Mattituck, New York~ bounded on the north by Yarrusso; east by Walnut Place~ suuth by Corwin; west by Factory Avenue° 10:30 PoM~ (E.SoT.) upon application of Rudolph Bruer, ESqo a/c Anne Co Lem!ey~ Bay Avenue~ East Marion~ New York for a variance in accordance with the Zoning Ordin~nce~ Article III~ Section 100-30 and Bulk Schedule for permission to divide lot with existing~ buildings with insufficient width and area. Location LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Sonthold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York f~r a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 (B) (f) for permission to construct BodY Simp on prop~ty which may not be 3OO feet from a residential zone on the Bray Avenue side of the street, Location of property: N-S Main Road, La~el (Dist. IlL New York, bounded on the north by J. 0'Cannell; east by A. C~odale; south by Main Road; west by J. cordance with the Zoning Or- dinance, Article III, Section 100- 30 (C) and 100-32 (A) for per- mission to construct antenna mast of excessive height. Location of property: Lot 16, Fair~ay Farms, Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap~ plieation of Andrew Galgano and Others, 162 Park Avenue, Beth- page, New York for a variance in accor~lance with 'h~ ZOning Ordinance, Attic. ll~ Section 100-30 and Sectio., 280A Town Law; for permisxion to divide lot and for appeov&l of access because of lack Of approved access. Location -,( property: R.O.W. off nor~ R side of Westphalia Roau, 'Mattituck, New Ybrk, bounded on the north by Howard Creek; east by now or formerly Gimbemat; south by Penny & Schutt; west by Sehutt 9:45 P.M. (E.S.T.) upon ap- plication of George Stankevich, Esq., a-c Edna Doll, Brown's Hills Estates, Orient~ New York for a variance in accordance witI the Zoning Ordinance, Article III Section 100-30 and Bulk for permission to divide lot wi~ existing building with insufficieni Width and ar~a, Location ~:~0p~ty: North Side Private ~d-North Drive, bounded on ~north by Long Island Seand;! '~.,' by W, Johns~; south by] North View fDrive (Pvt. Rd.);[ ~ by Hel~ Hues 10:0o P.M; (E.S,T.) upon ap- plteatiun of Richard Creni Esq, a- · ,e Ivan T. Hunm~t~ Orchard Slreet, New l~ffolk, New York 0'Coundl. : fora Variance in accardn~ca with 8:15 P.M. (E.S.T.) up?] ap- .~h~.Z0ningOrdinance, Articlelll, )licatien of/kn~alo Petrued; Bay "~..~. '.tinn 10031 and Bulk Schedule Avenue (Skunk Lane), Cut~ ,?[~ir'·permisalun to alter and cbogue, New York for a variance in accordance with the Zoinng Ordinance, Article IH, ,Section 100-30 (C) and 1{10-32 for per- mission to construct private garage in the front yard area of the lot. Location Of property: S-S of Bay Avenue (skunk Lane), bounded on the north by BOy Avenue (Skunk Lone); east by other land of applicant; south by Broadwator Cove-Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine Ruch IV, Ruch Lane, Seuthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Section 100-12, for permission to construct drain sump which will reduce width of Lets 2 and $. Location of property: Lets 2 and 9, Map of Shorecrost, south side CR 27, Sc~?thold, New York. 8:45 P.M. (E.S.T.) upon ap- plication of Beryl Steadman, Sound Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 35, for permission to construct front yard fence over four feet. Location of property: N-S Sound Avenue, Matfituek, beonded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Lung Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- )lication of LeRoy and Martha ?aal, 240 Billard Road, Cut- chogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E-S Billard Road, Cutchogue, New York, bounded on the north by Stoutenberg; east by HeRman; south by HeRman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Catherine W. Drake, 3050 Fairway Drive Cutchogue, New York for a variance in ac- re.b!gld dwelling on, non- ~g lot with two existing dwellings. Lecation of property: Orchard & 'l'hird Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lembatdi. 10:15 P.M. (E.S.T.) upon ap- plication of William J. Clark, Esq. a-c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinanea, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east'by Walnut Place, south by Corwin; west by Factory Avenue· 10:30 P.M. (E.S:T.~ upon ap- plication of Rudolph Broer, Esq. a-c Anne C. Lemley, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with in- sufficient width an~d area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Lebrowski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY O~ SUFFOLK, STATE OF NEW YORK, ss: ............ St:~.lar.t .C~. Do~.raan ...... being duly Sworn, says that ....... he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~'t Greenport, in said county~ and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times nnce in each week, for One (1) weeks successively commencing on the Second day of J.a..I1..~a..r.y. ..... 19.7.5. Sworn ~ befor~e me this . .-~ ....... ~_.,/ NOTARY FUBLIC OF NEW YO~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, Suffolk County, New York, publi~ hearings will be held by thel Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a ~;ariance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road;~, west by J. O'Connell. 8:15 P.M. (E.S.T.) upon ap- plication of Angelo Petrucci, Bay Avenue (Skunk Lane), Cutch- ogue, New York for a variance in accordance with the Zoning Or dinance, Article III, Sectior 100-30 (C) and 100-32 for per. mission to construct private garage in the front yard area oJ the ot. Location of property: S/5 of Bay Avenue (Skunk Lane) bounded on the north by Ba3 Avenue (Skunk Lane); east b3 other la,id of applicant; south bi Broadwater Cove/Graham; wesl by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine Ruch IV, Ruth Lane, Southold, New York for a variance in accordance with existing building ,~ .nsufiicient width and area. Location of pro- perty: North side Private Road- North Drive, bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.); west by Helen Hass. 10:00 P.M. (E.S.T.) upon ap- plication of Richard Cron, Esq. a/c Ivan T. Honnett, Orchard Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedffle for permission to a ter and rebu d ;dwelling on non-conforming lot with two existing dwellings. Loca- tion of property: Orchard & Third Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; w~t by G. Lombardi. plication of William J. Clark, esq. a/c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road front- age and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yar- russo; east by Walnut Place; south by Corwin; west by Factory Avenue. 10:30 P.M. (E.S.T.) upon ap- plication of Rudolph Bruer, Esq., a/c Anne C. Lemley, Bay Ave- nue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule O~[eFs;~r62°Par~k AvenLte;'l~etl~: for permission to divide lot with page, New York fol' a variance ~ existing buildings with insuffici- accordance With th'e Zoning J)rdi- ent width and area. Location of nance, Article 11I, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Matti- tuck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west bv ~hutt and Others. ~9:45 P.M. (E.S.T.) upbn al~ · plication ?f George Stankevich, 5Esq., a/e Edna Doll, Brown's ' Hills Estates, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article 11I, I Section 100-30 and Bulk Schedule ~.for permission to divide lot with property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Le- browski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-l/2 ilel[mll ,~! ~uq ol!qa~ ~ooo JNTY OF SUFFOLK ~ ss: ',TE OF NEW YORK I Sherley Kotz, being duly sworn, says that she is on tar, of THE LONG ISLAND TRAVELER - MA'I-rlTUCK ~TCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notice of which the lexed is a printed copy, has been published in said ig Island Traveler-Mattituck Watchman once each :essively, commencing on the .............. ..~....? ...... ~ ............ Sworn to before me this ....................... day of ........ ....... , ADg ~ PAYNI~ TOWN OF SOUTHO.~.D BUILDING ~EPARTM~NT TOWN CLERK'S OFF~CE SOUTHOLD~ N~ Y~ No'rICE OF OISAPPROYA~ ...~.~..~....~..z.~..,,....~.. ~ee~,, £d,~-~-,;"'~ L4u~, ~~ Map .......~,, ........................ BloCk ~ ........................................ r Lot~ ~ ~'"~ ....... is ~r~,vMs an~disapproved on the foi.ow[ng g ounds ..~..~ ................. ~. ...... ...~~~.~ .~.~ ...~.~~.~ .................................. E~uiJding Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellc~nt Street and Number Municipality ~ ~,~ 'Zc~'~* E ..... - ........... x~.,....H REBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... z-~:/,t~ ....................... DATED ........~/~ ..................................... WHEREBY THE BUILDING INSPECTOR DENIED TO I ) (~A Name of Applicant for permit of Street and N;mber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street Use District on Zoning Map 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 ) 3. TYPE OF APPEAL Appeal is made herewith for ([~[) A VARIANCE to the Zoning Ordinance or Zoning Map (L~)~kAz VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 41. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision o~ ~he Building Inspector or with respect to this property. Sbch appeal was (;-/7~request for a special permit ~/~request for a variance and was made in Appeal No ..... .~,~.~ .................... Dated : r~ REASON FOR APPEAL ( ?Y?-A Variance to Section 280A Subsection 3 (,,) A Variance to the Zoning Ordinance is' requested for the reason that ~?t~C~nt ~£~i~e~ c,o di'~-ic~e ~}~4~ ~tv l~ornz ZB1 (Continue on other side) Contirtded REASON ~:OR APPEAL ~ ' in vtow of a 1.44~ aborta~ Of area and · ~3.33~ ~u of r~ud ~tt~ is ~d ~ ex~ .'e~rly si& o~ s~J~ ~ ~ c~t ~ ~caXl~ ~x~d so ~ ~ en3~ ~ sim. o~. s~- prior to establishment of sonLug in ~ ~ of SO~J~OI4 2. The hardship created is UNIQUE and is not shared by o~r~' ' i ' '~e vicinity of this property and in this use district because ----=-'~"' IJ'~i 3. The Variance would observe the spirit~ -~--~-,-r--- -.'--r---~e~ 'n~r~.eW~J~_NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF JJ~/t~J ) Signature Sworn to this ........... .?....~.... ........................ day of ...... l~lJ!~,,~:i!~.~ ..................... 19 ~'~ NOTARY PU,2LlC OF F:?~V JERSk'~ My Commission Expires March 15, 197~ GEORGE C. STANF,.EVICH ATTORNEY AT LAW November 20, 1974 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of Edna Doll Dear Sirs: Please find enclosed an original and five (5) copies of the application of Mrs. Edna Doll for a minimal area variance regarding the subject property located at Brown's Hill Estates, Southold, New York, together with her $15.00 filing fee check. Thank you for processing this matter as expeditiously as possible. S~ncerely yours George C. Stankevich GCS:lfk Enclosures cc: Mrs. Edna Doll Floyd F. King, Jr. Agency Suffolk County Dcpartment of Planning Veterans Memorial lllghway Hauppauge, New York 11787 February 14, 1975 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the followiug applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval, Applicant Brown's Hills Estates }~nicipal File Number 1985 Respectfully yours, Lee g. Koppelsmn Director of Planning by. Gerald G. l~ewman Chief Planner TOWN OF S UTHOLI) TOWN CLERK S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Planning Bd. 765-2660 Pursuant to the General Municipal Low, Chapter 24, of the Consolidated Lows, Article 12-B, Sections 239-1 and m, the 33oar~l..of..Appea1.~ ............ of tim town of ....S.Qu.tlao.ld ................. (agency invoh,'ed ) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permi,ts .... ~ .....Variances Location of affected land: ~qw`t~'~.~/r~'~.~.~E~t~`t~f~*~r~Z~rt~N~`~/~aL~~ ' ' ' Rd.- within 500 feet of: (check one or more) North View Drive; bounded on the north by L. I. Sound; east by W. Johnson; south by North View Dr.; west Helen Hess. ............ Town or village boundary line ............ State or county road, parkway or expressway ............ State or county park or recreation area ..'~...Lon~ Island Sound shorefront ............ Streo~m or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments:The Board finds that applicant is the owner of a lot comprising 1.81 acres which she wishes to divide into two parcels. The neighborhood has been developed for many years and many of the neighboring parcels which have been built upon are smaller than the lots which would be created by division of applicant's property. The wooded and rolling topography of the property would provide privacy for surrounding neighbors from the existing house or future house on westerly side of property. The Board Date: ............................................ agrees with the reasonin~ of the applicant.' February 5, 1975 . :...: (si~) Robert W. Gillispie, Jr. C_hairr~ar~ .............................................................. Title Dote received by Suffolk County Planning Commission ........................................................................ File No ................................. ZONING BOARD OF APPEALS:TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of EDNA DOLL AFFIDAVIT In a Hearing before the Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK) STATE OF NEW YORK) MARILYN NORKELUN, being duly sworn, deposes and says: FIRST QUALIFICATIONS. I reside at (No Number) Youngs Avenue, Orient, New York 11957, and am a real estate broker licensed by the State of New York maintaining an active commercial and residential real estate practice at (No Number) Main Road, Orient, New York 11957, and have particular experience and em- phasis on the sale of real property during the last eight (8) iyears in the Hamlet of Orient, Town of Southold, County of Suffolk State of New York, and am fully familiar with the historic and current real estate prices at the aforesaid location. SECOND - DOLL PROPERTY. I am fully familiar with the real property owned by Edna Doll which is the subject of the aforesaid application. The real property concerned is 1.81 acres in area, generally heavily wooded, hilly and being generally bounded north by Long Island Sound, east by Lap, south by North View Drive, and west by Haas being situate in the Hamlet of Orient Town of Southold, County of Suffolk, State of New York. Situate ol the extreme southeasterly corner of said property is a wood-frame plank house described as follows: (a) twenty (20) years of age (b) fair condition (c) one-bedroom (d) one large L-shaped roon consisting of a bedroom-study, living-room-dining room, kitchen (e) one bathroom (f) fireplace and heatilaters (g) community water system (h) patio. THIRD - VALUATION. Presently, I have brokered the sale of the easterly 130 feet of the subject property including the house for a sales price of Fifty-Three Thousand ($53,000.00) Dollars. That sale is subject to the Southold Town Zoning Board ol Appeals approval of the within variance requested by Edna Doll. The remaining westerly 130 feet of the subject property would brin~ a sales price of Forty-Thousand ($40,000.00) Dollars. It is my opinion that if the subject variance is granted and Edna Doll is permitted to divide her property into two (2) parcels, she will realize a gross sales price of Ninety-Three Thousand ($93,000.00) Dollars. It is also my opinion that if Edna Doll is forced to sel the subject property as a single parcel, she will realize a maximum sales price of Seventy-Thousand ($70,000.00) Dollars, thus producing a substantial economic loss to her of Twenty-Three Thousand ($23,000.00) Dollars. FOURTH - CHARACTER OF NEIGHBORHOOD. It is my opinion that the character of the neighborhood in which the subject prop- erty is located will not in the least be affected by the Southold Town Zoning Board of Appeals grant of the requested variance and the division and sale of the property into two (2) parcels. The neighborhood has long been developed and there are many, many par- cels of land which have been sold off and built upon which are in fact smaller than those which would be created by the division requested by Edna Doll in the subject variance application. The subject property and the surrounding neighborhood are serviced by a private central community water supply. The proposed division would not create a substantial increase in neighborhood density. The rolling, heavily wooded topography for the neighborhood would provide more than adequate privacy for all surrounding neighbors from the existing house and any future house to be built upon the subject property. Also, Edna Doll purchased the subject property in three (3) separate transactions over a period of twenty (20) years and if she had been interested in circumventing zoning regulations, she could have done so by the subterfuge of checker- boarding. In view of all of the above, it is my opinion that the division of the subject property into two (2) parcels will in no way adversely affect the surrounding neighborhood but that the denial of the application of Edna Doll would subject her to an unwarranted substantial economic injury. Dated: January~ , 1975. Sworn to before me this ~ day of January, 1975. No ary P~bl~c MARILYN NO~LUN GEORGE C. STANKEVrCH NOTARY FUSLiC, Stcte of New York rJo. 30-3807858 Qualif!ed in Suffolk County Certified in I~ss3u, Queens, Kings, Bronx,, New York and Richmond Counties Commission EXpiros Marc~ 30, SIR PLEASE TAKE NOTICE, that the within is true copy of a this day made and entered herein in the office the Clerk of Dated, , 19 To Attorncy for , Esq. SIR : Please take notice that an order of which the within is a true copy 5viii be presented for settlement and signature herein~ to Mr. Justice in the County of of on the day of , 19 at o'clock in the noon, Dated~ , 19 Attorneys {or To , Esq. Attorney for NO,. ....................... YEAR 19 ...... SiX1THOLD ~ ZCIT~lqG IK)R~D OF APPF~,~ CCX.gT~ (~ SUFFOLK:b~RTE OF ~ In the Matter of EDNA DC~L In a Hearing Before the Town of Sou~thold Zoning Board of Appeals AFFIDAVIT 'GEORGE C, STANKEVICH A'~TORNEY AT LAW Hain Road ~outhold, New York 1197~ (516) 765-3838 To , Esq. Attorney for Due and timely service of a copy of the within is hereby admitted. Dated, , 19 Attorney for .i~ade the ~ ~ day of May Fifty-Five, JVineteen H~ndred and ~t~ N. ALFRED LUCE, residing at Orient, New York, and JOSEPH M. ROSE~ residing at Southold, New York, Suffolk County, Suffolk County, part les oftAeflrstpart, and EDNA DOLL, residing at Six LaSalle Avenue, Cranford, New Jersey, part y of the second part, ........... TEN and 00/100 ......... Dollars 75[0-.0-0 ; lawful n,~oney of the Unitea sates, ==a valuable considerations paid by t~ par~ of t~ second part, ~ ~reby ~rant and relate an~ t~ party of t~ second part, her heirs and ~si~ns forever, all that certain piece or parcel of land, situate, lying and being at Brown's Hills Estates, ~rient, Town of Southold, County of Suffolk and State of ~ew York, ~d bounded and described as follows: Beginning at a point on the northwesterly line of a thirty-three (33) foot private road known as "~Mrth View Drive", four hundred twenty (420) feet westerly and southwesterly along said line from the easterly boundary line of land of the parties of the first part; and running along said northwesterly line and alon~ the northerly line of "North View Drive", three (3) courses, as follows: (1) South forty-six degrees forty minutes West (S.46°40'W.) twenty. seven and forty three hundredths (27.4-3) feet; thence (2) Southwesterly on a curve to the right having a radius of one hundred nineteen and forty-five hundredths (119o4~) feet, a distance of sixty-nine and forty-nine hundredths (69.49) feet; thence (3) South eighty degrees no minutes West (S.80oo0'w.) twenty-three and eight hundredths (23.08) feet; thence along other land of the partie~ of the first part, North nineteen degrees thirty minutes West (N.19°30' W.) three hundred twenty (320) feet, more or less, to the ordinary high water mark or Long Island Sound; thence easterly along said high water mark, one hundred fifteen (ll~) feet, more or less; thence along other land of the parties of the first part, South nineteen degrees thirty minutes East (S.19°30'E.) two hundred seventy (270) feet, more or less, to the point of beginning. TOGETHER WITH a right of way over said "North View Drive" from the southwesterly corner of the premises easterly about ~40 feet to another 33 foot private road known as "Brown's Hill Road"; which road adjoins said easterly boundary line of land of the par~esof the first part; and thence southerly over said "Brown's Hill Road", about 2300 feet to the Main Road (Route 25). TOGETHER WITH the ri[:;ht to use, in common with others, solely for recreational and not for commercial purposely-the following described parcel of land:- Beginnin~ at a oaiat--on-Cn&Inortherly line of "North View Drive", 2~0 feet w~t~~-~aldlnbrtherly line from said )5 - 12th - dayof May n~neteen hundred -six, .~,~p N. ALFRED LUCE, residing at Orient, Suffolk County, New York, H M. ROSE, residing at Southold, Suffolk County, New York, pa~ ieaofthe6r~ part, and EDNA DOhL, residing at Six LaSalle Avenue, Cranford, New Jersey, party o£ the second part, TEN and 00/100 Do]fats, lawful money o£ the United States, and other good and valuable considerations paid by the *part y o£ the second part do hereby grant and release unto the party o£ the second part, hot heirs and assigns £orever, gU that certain piece or parcel of land, situate, lying and being at Brown's Hills Estates, Orient, Town of Southold, County of Suffolk and State of New York,- and bounded and described as follows: Beginning at an'iron pipe on the northerly line of a 33 foot private road known as "North View Drive", 540 feet westerly and then southwest- erly and thea again westerly along said line from the easterly boundary line of land of the parties of the first part, being the southwesterly corner of land conveyed by the parties of the first part to the party of the second part by deed dated May 7, 1955 and recorded in the office of the Clerk of Suffolk County on June l, 1955 in Liber 3897 of Deeds at ~a~e 05; from said point of beginning running along said northerly line r-"North View Drive", S. 80° 00' W. 90.0 feet; thence along other land of the parties of the first part, N. 19° 30' W. 320 feet, more or less, to ordinary high water mark of Long Island Sound; thence easterly along said high water mark, 90 feet, more or less, to said land of the party of the second part; thence along said land of the party of the second part and passing through an iron pipe, S. 19° 30' E. 320 feet, more or less, to the point of beginning. TOGETHER WITH a right of way over said "North View Drive" from the- southwesterly corner of the premises easterly about 6~0 feet to another 33 foot private road known as "Brown's Hill Road"; which road adjoins said easterly boundary line of land of the parties of the first part; and thence southerly over said "~rown's Hill Road", about~2300 feet to the Main Road (Route 25). TOGETHER WITH the right to use, in commo~ with others, solely for recreational and not for commercial purpos~sl~the following described parcel of land:- Beginnin~ a~ ~a ~u ~tHe dortherly line of "North View Drive", 240 feet'we~e~$~stid northerly line from said east- erly boundary of laad of~Jo~p~r%~'of t~he first part, being the ~south, n enture, l~Iade the and t~fty- s ix day of Octo bet nineteen hundred and JOSEPH ltf~J, residic~: atoout~o OrieqF,, Smi'~oik County, ,iow York 3uf~ Zi~ $ounty, 'ie~ Yor~, residing at 6 Lasalle Aveeno, parties ofthe~rstpart, Cran£ord, ~ew Jersey part ,~a, the part les of the t~,st part, in consideration Of - - - - (io.oo) ...... lawful money of the United States, of the second part, T~T and Dollars, and o~her good and va£uabie considerations paid by the'part y of the second part do hereby grant and re/ease unto the part ~/ of the second part, her heirs and assigns forever, ~ that certain piece or parcel of land, situate, lying and beiq£ at Browm's Hills Estates, Orient, Town of ,~outhold, County of Suffolk and State of ~ew YorX, and bounded ~d described ss follows: BECI"rNi~G at an iron ~,ipe on the northerly line of a thirty-three (~) foot private road xaown as "]~orth View ])rive", six hundred snd thirty (630) feet wester£y and then :~outhwesterly and then a~ain westerly aloig said line from the easterly boundary line of land of the parties of the first part, sa~d point of berinnin&: bain8 the southwesterly corner of [and conveyed 0}/ the pa~ties of the first part to the larry of the second lart by deed dated May 12, 1956 and recorded in the Suffolk County Clerk's offic~e May l~s 19~6 in Libor 4~z2 of de,,ds at ~ cue 399; from said point cf beglnain[; runain~ along said no~,herLy line of "~ortb Vie~. Drive", ~. ~,00 O0~ W. fifty (50.0) feet; t~x~nce slou~ l~'~d conveyed, or about to be conveyed by bna parties of t;~]a ~r.~, part to ~elen D. Haas~ ~N. 20© 30" ~Y. Taree hundred thirty (330) ['aet, more or zess, to ordinary hig~ water mark ~ ~ high ~ of Long Isla~d Dound; thence ~asterIy ~l~ng ~'~'~ water ~sr~, Sixty (~(.O) feet, more or lass, to said land of the party of the second part; ~ ~. ' '~,~ plea, S. 19© 50' ',r thence along said land ~Lt .~asc~n~ thru an i~..n , .,. T[~ree hmndred and twenty (320/~ ~eet,~ more or less; to the point of be¢~no~ ~'~zn~- Together with a right of way, and the riunt, in common with others, to ~ass and repass over the roads, streets and avenues of ~row.n's Hills ].states I~c., as described (as barcel l) in a deed from the pc.ties of the first part to !~rown's ~[ills Estates, l:'_c., dated Jul? 5, 19~5 and recorded in the Suffol~ County C]ar~'x office i~ Liber 3923 of Deeds at ~a~ l&~j on July 7, 195~(, to the Main EXHIBIT, -"' DOLl_ ..J 0'.311 ~',~ / .\ o.,40