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Home My WebLink About1842 TOWN OF 8OUTt~O/,D, bTEW YORK ~ON O~ ~ zO~;~ ~O~U~ O~ ~r~ App~ No. 1842 Dated September ACTION OF Tm ZONING BOAI%D OF APPEALS OF THE TOWN OF SOUTHOLD To Lucile Mosback Rose Hill North Carolina DATE .~.~.~.......2. Q, 1973 Hearing: Oct. 11, 1973 20, 1973 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance X Request for a variance to the Zoning Ordinance ) December 20, 1973 the appeal 1. SPECIAL EXCEPTION. By resol~ion of the Board ~ was determined that a spec~l exception ( ) be gra~ed ( ) ~ denied pursuant to Article ................... ; ~ct~n .................... Subsection ............. ~ ...... paragra~ .................... of the ~ning ~dinanee and ~e dec.on of the Building Inspector ( ) be reversed ( ) be co~irmed because 8:00 P.R. (E.S.T.), upon application ef Lucile Rosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than.required width and area. Location of property: so,Eh side Main Road, East Marion, bounded north by Main Road, Humes & others; west by William Park & others; south by Gardiners Bay; west by Parker. 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 hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship afeared (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) chsn~e 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. SEE REVERSE. .~"~UV.~_~ ZONING BOARD OF ~-~,A~S ~ Marjo~ie McDe~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide and set off lots with existing buildings with less than required width and area on the south side of Main Road, East Marion, New York. The findings of the Board are that this decision has been delayed due to the time element involved in communication between the Planning Board and the Appeals Board, so, the present decision is timely. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardsh-p created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. - THEREFORE IT WAS RESOLVED, Lucile Mosback, Rose Hill, North Carolina, 'be DENIED permission to divide and set off l~ts Wt%h' ~Xi~ti~g buildings with less than required-width · a~d ar~a o~ the so~th'~id~'~of Mains'Road; East'Mario~, ~New York'~'withoutprejudice'to applicant obtain~ng'a minor'~ ~sUbdiVision~andwithout prejudice~tofutureapplications~ Vote of the Board: Hulse, Grigonis. Ayes:- Messrs: Gillispie, Bergen, LEGAL ~OTICE Notice of Hearings Pursuant to Section 267 of the To~n Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold~ Suffolk County~ Hew York~ public hearings will be held by the Zoning Board of Appeals of the Town of Southold~ at the Town Office~ Main Road~ Southold~ ~ew York~ on October ll~ 1973~ on the following appeals: 8:00 P.M. ( E.D.S.T.)~ upon application of Lucile Mosb~ck~ Rose Hilly North Carolina~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road~ East Marion~ bounded north by Main Road~ Humes & others; east by William Park & others$ South by Gardiners Bay; west by Parker. 8:t~ P.M. ( E.D.S.T.): upon application of Eugene Mazzaferro, 21~ Oak Street~ Greenport~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot # 2~ Greenport Drivein Park: Brown and Ninth Streets~ Greenport~ New York. 8:2~ P.M. ( E.D.S.T.): upon application of Clarice Blackburn, New Suffolk Avenue: Cutchogue~ New York for a variance in accord- ance with the Town Law~ Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue~ Cutchogue bounded north by New Suffolk Avenues east by Case~ south by Peconic Bay~ west by Lockwood. Legal notice Page 2 8:~0 P.M. (E.D.S.T.), upon application of Kenneth Ketcham, Main Road~ East Marion~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300C-4a for permission to store and work on private boat over 30' in length in an District. Location of property; north side Main Road, East Marion bounded north by Schrader & Wallace; east by Preston; south by Main Road; west by S. Boken & right of way. 8:~0 P.M. (E.D.S.T.), upon application of Robert Kolyer~ 208 Christian Avenue, Stony Brook, New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road~ Southold bounded north by Bayview Road; east by La Rocca, Marini, Blakeman & others; south by Corey Creek~ Gozzola: west by Schroeder~ Darnell. 9:00 P.M. ( E.D.S.T.)~ upon application of Armond Bartos~Jr.~ Private Road~ East Marion~ New York for 'a variance in accordance with the Town Law~ Section 280 A for approval of access. Location of property: north side Main Road~ East Marion on right of way bounded east by F. Cowan and other~ west by R. Long; bounded north by De Nicolas east by right of wayS south by I.C. Latham; west by George Cook and others. 9:10 P.M. ( E.D.S.T.)~ upon application of Donald A. Steph- enson~ Main Road, Orient~ New York for a special exception in accordance with the Zoning 0rdinance~ Article III, Section 30OB-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Scolielo~ west by Burnham; bounded north by Long Island SoundS east by Terry and Lomas; south by right of way; west by Stephenson Beach Inc. and old Main Road. Legal notice Page 3 9:20 P.M, (E.D.S.T.)~ upon application of Freddi~ Lawson~ Sound Avenue~ Mattituck~ ~ew York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: Oak Place and Walnut Avenue~ Mattituck~ bounded north by Ruthinowski$ south by the Long Island Railroad~ wes~ by Oak Place. 9:30 P.M. ( E.D.S.T.)~ upon application of William Serrell~ Dogwood Lane~ Gardiner's Bay Estates~ East Marion~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission ko build an addition with reduced side yard. Location of property: Lots ~ 9~ and 96~ Gardiner's Bay Estates~ Dogwood Lane~ East Marion~ Mew York. 9:~0 P.M. ( E.D.S.T.)~ upon application of John Dinizio~ 62~ Main Street~ Greenport~ Mew York for a variance in accord- ance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than re- quired area. Location of property: south side of Brown Street~ Greenport~ bounded north by Brown Street~ east by A. Dinizio~ south by Tully and Braun~ west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28~ 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Legal notice Page ~ PLEASE PUBLISH 0NCE~ October ~ 1973, AND FORWARD TEN (10) AFFIDAVITS OF PUBLiCATiON TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK. Copies mailed to the following on September 28~ 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Rudolph Bruer A/C Lucile Mosback Eugene Mazzaferro Gary 01sen A/C Clarice Blackburn Kenneth Ketcham Robert Kolyer Armond Bartos~ Jr. Donald A. Stephenson Wickham & Lark A/C Freddie Lawson William Serrell Irving Price A/C John Dinizio NOTICE OF HEARING~ Pursuant to Section 267 of the Town Law and the provisions of ~ Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic 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 October 11, 1973, on the following appoals:~ 8:00 P. ME (EDST), upon ap- plication of Lucile Mosback, Rose Hill, North Carolina, iar a var- lance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for perm/ssion to divide and set off lots with existing buildings with le~ than required width and area. Location of property: south side Main Road, East Marion, bounded north by Main Road, Humos & others; cast by William Park & others; south by Gardiners Bay; west by Parker. 8:15 P. M. (EDsTL upon ap- plication of Eugene Mazzaferro, 215 Oak Street, Oreenport, New York for a variance in accord- ance with the Zoning Ordinance. Article III, Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot No. 2, Greenport Drive-in Park, Brown and Ninth Streets, Ctreenport, New York. 8:25 P. M. IEDST). upon ap- plication of Clarice Blackburn, New Suffolk Avenue, Cutchogue, New York for a variance in ac- cordance with the Town Law. Section 280 A for approval of access. Location of property private right of way off souto side of New Suffolk Avenue. Cut- chogue bounded north by New Suffolk Avenue; egst by Case: south by Peeonic Bay: west by Lockwood. S:40 P. M. IEDSTL upon ap- plication of Kenneth Ketcham, Main Road, ~ast Marion, New Yor~for a varl~n~e~i½~ ~aCcbrd: ~nc~xv~th ~he Zonin~ Ordinance, Artiele~IIL Section 300C-4a for permission to store and work on private boat over 30' in length in an "A" District. Locaticn property; north side Main Road, East Marion bounded north by Schrader & Wallace; ~east by Preston; south by Main west by S. Boken & right ~f way. 8:50 P. M. tEDSTK upon ap- plication of Robert golyer, 208 Christian Avenue, Stony Brook, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article II!, Section 301 and Bulk Schedule for permission to divide property into two lot~s with less than required width. Location o! property: south ,side Bayview Road, Seuthold bound- ed north by Bayview Road: east b~ La Rocca, Marini, Blakeman & others; south by Corey Creek, Go,zola: west by Schroeder, 9:00 P. M. iEDST), upon ap- plication of Armond Bartos, Jr., ~r~ivate Road, East Marion, New ~k for a variance in accord- ~ce with the Town Law, Section 28OA for approval of access. Location of property: north side Main Road. East Marion on right of way bounded east by F. Cowan and others, west by R. Long; bounded north by De Nicola; east by right of way; south by I. C. Latham; west by George Cook and others. 9:10 P. M. /EDST), upon ap- plication of Donald A. Stephen- son. Main Road, Orient, New York for a special exception in accordance with the Zoning Or~ di~nce, Ar ticle III, Section 3O0B-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Seolielo, west by Burnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephenson Beach, Inc. and old Main Road. 9:20 P. M. (EDST), upon ap- plication of l~reddie Lawson, ~outqd Avenue, Mat.tituck, New York for a variance in accord- SUFFOLK EW YORK Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MA~-FITUCK WATCHMAN, a public news- d at Southold, in Suffolk County; and that which the onnexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- ich week fo, ..... week commencing on the ................ ~/... .................. ance with the Zoning Ordinance, Article III, Section 301 and Bulk /~ - .... ora to before me this ................... ~ day of Schedule for permissien to set off lot with less than required area. Location of proporty: Oak Place and Walnut Avenue, Mat- tituck, bounded north by Ruth- l~owski; south by Long Island Railrcad; west by Oak Place. 9:80 P. M. (EDST), upon ap- plication of William Serrell, Dog- woad Lane, Gardiner's Bay Estates, East Marion, New York far a variance in accordance with the Zoning Ordinance, Ar- ticle Il'I, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots NO. 95 and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. 9:~0 P. M. (EDST), upon ap- plication of John Dinizio, 624 Main Street, Oreenport, New York for a variance in accord- ance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule for pormission to set off lot with less than required area. Location of property: south side of Brown Street, Greenport, bounded north by Brown Street; east by Al Dinizto; south by Tully and Braun; west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28, 1978 BY ORDER SE THE SOu'Y~OLD TOWN BOARD OF APPEALS Dated: September 28, 19'/3 NOTICE OF HEARINGS Pursuant to Scctlon ~V of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Scuthold, Suffolk County, New York, public hearings will be held by the Zoning Beard of Appeals of the Town of Southold, at the Town Office, Main Road, Scuthuld, New York, on October 11,1973, on LEGAL NOTICE the following appeals: ~8:00 P.M. (E.D.S.T.), upon ~aPPlicatiOn of Lucile Mesback Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion bounded north by M~in Road Humes and others; east William Park and others; souti by Gardiners Bay; west by Parker. , __ 8:15 P.M. (E.D.S.T.), upon application of Eugene Maz~ zaferro, 215 Oak Street, Green- port, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission to build new one family dwellings with insufficient set- backs. ~f.p, xppq~rty: Lot No. 2, Greenpert Dr/v~/n ~P~ri/, Brown and Ninth Streets, Grcenport, New York. 8:25 P.M. (E.D.S.T.), upon application of Clarice Blackburn, New Suffolk Avenue, Cutchogue, New York for a variance in ac- cordance with the Town Law, Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue, Cut- chogue bounded north by New Suffolk Avenue; east by Case; south by Peconic Bay; west by Lockwood. 8:40 P.M. (E.D.S.T.), upon application of Kenneth Ketcham, Main Road, East Marion, New York for a variance in ac- cordanee with the Zoning Or- dinance, Article III, Section 300C- 4a for permission to store and work on private boat over 30' in length in an "A" District. Location of property: north side Main Road, East Marion bounded north by Schrader and Wallace; east by Preston; south by Main Road; west by S. Bokon and right of way. 8:50 P.M. (E.D.S.T.), upon application of Robert Kolyer, 208 Christian Avenue, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section ~ot and Balk Sc_~hedule_fo.~r two lots with less than required width. Location of property: south side Bayview Road, Southold bounded north by Bayview Road; east by La Rocca, Marini, Blakeman and others; south by Corey Creek, Gozzula; west by Schreeder, Darnell. 9:00 P.M. (E.D.S.T.), upon application of Armand Bartes, Jr., Private Road, East M~rion, New York for a variance in ac- cordunee with the Town Law, Section 280 A for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowun and othet~_, west by R. Long; bounded north by De Ninola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. (E.D.S.T.), upon application of Donald A. Step--n, Main Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 300B4 for permission to alter existing building to a 2 (two) family occupancY. Location of property: off north side Main Road, Orient on right of way bounded east by Scoliclo, west by Burnham; bounded north by :Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephonson Beach Inc. and Old Main Road. 9:20 P.M. (E.D.S.T.), upon application of Freddie Lawson, Sound Avenue, Mattituck, New York for a variance in ac- LEGAL NOTICE cordance with the Zoning Or- dinance, Article HI, Section 301 and Bulk Schedule for permission to set off lot with less than required area. Loeatinn of property: Oak Place and Walnut Avenue, Mattituck, bounded north by Rulhinowski; south by the Long Islund Railroad; west by Oak Place. 9:30 P.M. (E.D.S.T.), uI~_n application' of william Serreli, Dogwood Lane, Gardiner's Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build an addition with redUCed side yard. Location of property: Lots No. 95 and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. LEGAL NOTICE 9:'40 P.M. (E.D.S.T.), upon application of John Dinizio, 624 Main r Street, Greanport, New ~ork for a variance in cordance with the Zoning Or- dinance, Article HI, Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Greenpert, bounded north by Brown Street; east by A. Dinizin; south by Tully and Braun; west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place- above specified. Dated: September 28, 1973 BY ORDER OF THE SOUTHOLD ToWN BOARD OF APPEALS COUNTY OF SUFFOLK. STATE OF NEW YORK, ~ ss: Stuart C. Dorman he is Printer and says that ....... WEEKLY TIMES. a newspaper P~ county; and that the notice:, o! ~py. ~s ~en published in ~e once ~ eoch w~k, ~ ...... suc~siv~ly ~mmenC~g on ~tobe~ ...... Sw~ to ~f~e me this TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ,,.. ,~;.~... !. ~ ,-I.....% TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ .... , .~..q g.~ .Z...e......_~...s...b.~.g.~ ........................... of ............................................... ; ............................ Nome of Appellant Street and Number .................... ~.o.~..e....~.]...,,l:.;~ ....... .~..o..~..t...b:....~..a...~.o...]...Jz..rf..a....~ ................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .............. ~,4'.~..'..~r.,...~....../..~..~-~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT-, FOR OCCUPANCY ~. ,~r~ [?[/ 1. LOC.ATION OF THE PROPERTY ~D~./.~..L~..~$~.~..~..~.~.c]./~.~...a~.~.~.'.H~..~..~.~:~'~..e...~.~..~..~.~.~..~. ...... ,..~.' i-)tS'(' Street Use District on Zoning Map ........................................ /g;"KIZ .............. 2, PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragrap_h of the Zoning Ordinance by number. Dp not quo~te t_he O~i.nance.) 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 (Iz~i~ (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 ...................................................................... ( ) (X) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that 1%z-m ZB1 (C~ntinue on other side) REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces- sa~ HARDSHIPbecause applicant will be unable to sell property on which there already exists three cottages without basements on property with insufficient size. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because no property' £n the area, to the undersigned's knowledge, has this problem. · 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there u±lZ be no change e×cept that the property could be owned by three separate people rather than just one. STATE OF NEW YORK ) COUNTY OF STJ~FOLK ) ss ~tur~ Sworn to this . ....... .2.,.0.~ ............................ day of ...... .S...e.p.~...e..m...b..e..~ ............................ 1973 ~ 'L~FF~T$ PAINE EDSOb,l ~' NOTARY PUBLIC, $'}a{'e of New No. ~=1077~85 - Suffolk Co~r~ ~ommlss[on Expires I~arch ~, October 18, 1973 Mr. John Wickham, Chairman Southold Town Planning Board Town Office, Main Road Southold, New York 11971 Dear John: Re: Application No. 1842 Lucile Mosback Public Hearing - Oct. 11, 1973 The applicant owns four houses on the easterly portion of a 6.3 acre waterfront tract in East Marion and proposes to divide the property into lots so as to limit the maximum density into five lots. This would require lot area variances for two existing cottages. Two other lots would be substanti- ally larger than 40,000 sq. ft. and would be covenanted to prevent further division. The Board of Appeals position is that this proposal is a desirable project and that area variances for these small lots should be granted subject to Planning Board approval of the whole project. Sincerely, Robert W. Gillispie, Jr. RWG:mm Chairman Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlakham, Chairman Henry Molsa Alfred Grebe Henry Raynol. Frank Coyle October 31, 1973 Mr. Robert W. Gillispie, Jr. Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Bob: In reply to your letter of October 18, 1973 with regard to your Appeal No. 1842, Lucile Mosback, this Board feels that it is unwilling to enter into an agreement whereby the Appeals Board would grant variances on two undersized lots even though there are three standard size lots remaining in the proposed minor subdivision. In talking to the attorney in this case, it would seem more realistic to consider each one of the exist- ing houses on a lot and then have the Appeals Board authorize a building permit on one additional lot. We are enclosing a rough sketch of our ideas on the subject and the attorney seemed to feel that this would satisfy the owners. ~ If, however, the Appeals Board will come up with a variation for one undersized lot and could suggest four standard lots, this Board would be happy to cooperate. In all cases of oversized lots a legal instrument stating that the lot will not be resubdivided should be insisted upon. JW:mm Enclosure Very sincerely, John Wickham, Chairman TEL. 765-~6613 TOWN OF SOUTHOLD OFFICE nF BUILDING INSPEOTOR TOWN I~.LERK'S OFFII~E Southold Town Board of Appeals SOUTHOLD, L. I.,N. Y. 11971 APPEAL BOARD MEMBERS Ro~oert W. GiIlispi¢, Jr.~ Chailman Robert Bergen November 15, 1973 Chades G~igoni% Jr. Serge Doyen, Jr. Fred Huls¢, Jr. Mr. Henry Moisa, Acting Chairman Scuthold Tcwn Planning Board Southold, New York 11971 Dear Henry: Re: Appeal No. 1842 Lucile Mosback Public Hearing 10/11/73 In reply to John Wickham's letter of October 31, 1973, we have consulted with the Town Attorney and we are unable to suggest a variation of the applicant's proposel for two undersized lots which would comply with your third paragraph; namely one undersized lot, end four full ones or oversized lots. Since the applicant owns adequate acreage bordering the proposed undersized lots, it would be our suggestion that all of the lots be full or eversized, and that oversized lots be covenanted to prevent further subdivision. We will be glad to consider any other suggestion whlch might involve the Board of Appeals before a decision is reached. Cur decision bas to be made within sixty days of the October 11, 1973 Public Hearing. Unless we hear from you the applicatien, as presented originally, will be denied. RWG:mm Yours very truly, Robert W. Gillispie, Jr. Chairman ,~ ~outhold Town Board of Appeals -3- December 20, 1973 Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gilliepie, Bergen, THE CHAIRMAN: On October 11, 1973 the Board of Appeals held a hearing for Appeal No. 1842, Lucille Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area on the south side of Main Road, East Marion. It was stated by the attorney of the applicant, Mr. Rudolph Bruer, that '%he applicant had 6.~ acres and would like to be able to sell as separate lots the piece of property with the three cottages on it. They are 20,000 sq. ft., 21,000 sq. ft. and 25,000 sqv~ft, in size. To enlarge the northerly one so it will be an acre would leave you with two substandard lots. What we are proposing as of now is in regard to ~hese three pieces to make one of them an acre piece including the right of way, and also having these three pieces being able to use the beach area. We would withdraw the application and stipulate that this piece of property would no= be further developed. What we might ask for in the future would be to take this one house and make it one very large piece so you would have (referring to map) a two acre piece here and a two acre piece here." (There was further testimony about common ground). THE CHAIRMAN: Ail of this was very confusing and it seemed to us that it belonged to the Planning Board since they were asking us for variances in a proposed minor sub- division. On October iSth I wrote to the Planning Board as follows: "The applicant owns four houses on the easterly portion of a 6.3 acre waterfront tract in East Marion and proposes to divide the property into lots so as to limit the maximum density into five lots. This would require lot area varlances for two existing cottages. Two other lots would be substantially larger than 40,000 sq. ft. and would be covenanted to prevent further division. The Board of Appeals posit~on is that this proposal is a desirable project and that area variances for these small lots should be granted subject to Planning Board approval of the whole project." ~outhold Town Board of Appeals .4- December 20, 1973 On October 31st, 13 days later, the Chairman of the Planning Board wrote as follows: "In reply to your letter of October 18, 1973 with regard to your Appeal No. 18'42, Lu¢il'le Mosback, this Board feels that it is unw-~lling ~' enter' into '~n agreement whereby, the Appeals Board would grant variances on two undersized lots even though there are three standard size lots remaining in the proposed minor subdivision. In talking to the attorney in this case, it would seem more realistic to consider each one of the existing houses on~a lot and then have the Appeals Board authorize a building permit on one additional lot. We are enclosing a rough sketch of our ideas on the sub.ject and'the attorney seemed to feel that this would satisfy the owners. If, however, the Appeals Board will come up with a variation for one undersized lot and could suggest four standard lots, this Board would be happy to cooperate. In all cases of oversized lots a legal instrument stating the lot will not be resubdivided should be insisted upon." After considering Mr. Wickham's letter at length, I sent a letter to Mr. Henry Moisa, Acting Chairman in Mr. Wickham's absence, on November l~h as follows: "In reply to Mr. John Wickham's letter of October 31, 1973, we have consulted with the Town Attorney and we are unable to suggest a variation of the applicant's proposal for two undersized lots which would comply with your third paragraph; namely one undersized lot, and four full ones or oversized lots. Since the applicant owns adequate acreage bordering the proposed undersized lots, it would be our suggestion that all of the lots-be full or over- sized, and that oversized lots be covenanted to prevent further subdivision. We will be glad to consider any other suggestion which might involve the Board of Appeals before a decision Ks reached. Our de~ision has to be made within sixty days of the October 11, 1973 Public Hearing. Unless we hear from you the application, as presented originally, will be denied." After investigation and ~nspection the Board finds that applicant request's permission to divide and set off lots with existing buildings with less than required width and Southold Town Board ~of Appeals -5- Decentber 20, 1973 area on the south side of Main Road, East Marion, New York. The findings of the Board are that this decision has been delayed due to the time element involved in communication between the two Boards, so, the present decision is timely. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillisple, seconded by Mr...Grigonls, it was RESOLVED, Lucile Mosback, Rose Hill, North Carolina, be DENIED permission to divide and set off lots with existing buildings with less than required width and area on the south side of Main Road, East Marion, New York, without prejudice to applicant obtaining a minor subdivision and without prejudice to future applications. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal NO. 1860 - 8:00 P.M. (E.S.T.), upon application of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set 'off lot and build dwelling with insufficient width and area , and unapproved right of way . Location of property: Right of Way west side of Cox Neck Road, Mattituck, New York, bounded north by William Chudiak; east by Neudeck; south by William Chudiak; west by William Chudiak. Fee paid ~15.00. The Chairman opened the hearing by reading the application for a varlance, legal notice of hearing, affidavits attesting to its<publication in the official newspapers, and notice to the applicant. THE CHAIRMAN:~ Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -6- October 11, 1973 PUBLIC HEARING: Appeal No. 1842 - 8~ upon application of Lucile Moeback, Rose? for a variance in accordance with the Zoni Article III, Section S01 and Bulk Schedule divide and set off lots with existing bull than required width and area. Location of side ~in Road, East Marion, bounded north Humes& othsrs~ east by William Park & otb Gardiners Bay~ west by Parker. Fee paid The Chairman opened the hearing by r for a variance, legal notice of hearing, to its publication in the official newspaF the applicant. ~0 P.H. (E.S.T.), ~ill~ North Carelina, ag Ordi~$~ce, for permission to tip~s with less property: south by ~Lain Road, ~rs~ south by 5.00. ading the application ffidavits attesting ers, and notice to Rudolph Bruer, Esq. presented a survey of the property to the Beard. THE CHAIRMAN: The survey as presented by Mr. Bruer indicates the property ru~s from Main Road to Peconic Bay and is approximately 880' t~ 900' in depth on the easterly boundary, and somewhat less t~n. that on the westerly boundary. Itms an irregular shape. THE CHAIRMAN~ Is there anyone present who wishes te speak for this application? RUDOLPH BRUER, ESQ.: The property is approximately 6.3 acres and you will notice that there are three cottages on the smaller part of the property, and a large existing house. There is a right of way g~ing through. Mrs. Mosback would like some value out of it. She has 6.3 acres, and she w~uld like the lower part, kns~n as No. 1, probably for one sf her children. She would also like to be able to sell as separate lots this piece of property with the three cottages on it. They are 20,000 sq. ft., 21,000 sq. ft. and 25,000 sq. ft. in size. To enlsumge the northerly one so it will be an acre w~uld leave you with two substandard lots. This has been to the Planning. Board. What we are proposing as of now is in' regard to these three pieces to make one of them an acre piece including the right of way, and also having these three pieces being able to use the beach Smsa. We would withdraw the applicationand stipulate that t~s piece ef property would not be further developed. What we might ask for in the future would be to take this she house and -~ke it one very large piece so you would have (re,erring to map) a two acre piece here and a tw~ acre piece here. THE CHAIRMA~ So you would not increase the density. Southold Town B~rd off Appeals -7- C.~ober.ll, 1973 MR. BRIIER: It wuuld increase one house en one whole piece. (Reforriz~ to sketch) You would have a cottage here and a cottage here, THE CHAIRMAN: You w~uld have an acre for the house on the road. MR. BRUER: Actually there are five pieces and it w~uld only come out to be one house. You take the three pieces with cottages and increase the upper one so it m~kes an acre, giving them the right to use the beach. Tk~ C}L~IRMAN: This beach is common g~ound for all of this a~ea? MR. BRUER~ It would be comn~n ~round (referring to sketch) for this piece and these two pieces. One and Two wouldhbe one lot comprising approximately tw~ acres. There would be no further subdivision. THE CHAIP~M~N: We will have to h~ve a s~u~vey. This is minor subdivision wb/eh we don~t act on. MR. BRIER: (Referring to map) I am asking for these three lots; I am asking for a variance en two lots that are substandard. T~ CHAIRMAN~ We w~uld look favorably on this but you would have to have it agreed upon by the PlanningP~ard. MR. BRUERi I am asking for these two lots here which are substandard. THE CHAIRMAN:, The whole thing has to be tied into one package so there is no way out. You ~re going to put one building on 80~000 sq. ft. You wou/d have two two acre lots, one one acre lot ~nd two one-~f acrs lets~ ~ ~u wo~d ~ve less demsity. Come back to us after the Pl~ing Buard ~s approved t~s project. MR. BRb'~R: I will get Plann/ngBoard approva/ subject to your approval. I wanted to explain it to you. THE CHA~: I would think that providing it~ all covenanted that they might jump at the D~oe to decrease · he density. THE CHAIRMAN: Is there anyone,else who wishes to speak for this application? There was no response.) Southold Town Board of Appeals -8- October 11, 1973 TH~ CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. GEORGE pARKER: We own property adjacent to this on the west and (referring to sketch) this oettnge on the Bay and this cottage and this cottage for years h~ve been rented by the week and have become a~Coney Island. This property has had seven er eight automobiles on it and there must have been 20 to 30 people living there tl~ough the sun.er. The people Chm~e every couple of weeks. This piece of property is right next to uS. They have fires right next to o~ boat house. ~A~s. Mosback has tried to keep people away from there.. (Referring to sketch) This is 110 feet of 0choy Island property hems. Why can't this part be common propert~ for the cottages and as far as this piece is coneerned~ it could go right dewn to the ~y, and this could be for the rest of the ce~xity. THE CHAIRMAN: This is not a Zoning matter. MR. PA/lEER: It's compressing this little beach area rather than this whole beach area here. These are all vacant properties. Mrs. Moshack only proposes .one more house on this side. Hew abo~t r~ulning right down to the beach? MR. ~RUEI{: What we ~re su~gesting is rather t~ having rental people you w~uld have ~ indi~d,.,-~ o~er ~d ~t ~ve a p~ty ~e sit~tion but ~ o~er ~ ~d be there ~1 ye~ re~d in eao~ ~ne uf these pla~ee... ~t person who ~d leave af~e~ a t~ week vacation. He ~uld be responsible for t~es. MR. PARKER: These people w~uld have the right to use that beach? MR. B~UER (indicating sketeh) Only ~hese tw~. This would be a situation where you have an owner who is res~nsible and ca~ be subject to the laws of the Town. THE CHAI1LMAN: De you have a prospective purchaser? MR. BRUER: No, MR. PA/LKER: Oa~ this be restricted to one piece of property? THE O~AIRMAN~ (Refe~Tin~ to Sketch) This will become a lot, this w~ll become a lot (you have four houses there now), and this wall become a lot, $outhold To~n Board of Appeals -9- October 11, 1973 MR. PAN~R: Does Mrs. Mesback have to verify that? MR. BRUER: We will have to give coverts to the Te~n in recordable fcrm whAch I will deliver to the Plann4~CBoard and which they will record. T~ CHAIRMAN: We will write a letter to the 6"mairm~n of the P]-n-~n~ Beard suggesting ~hat tb/s is a geed idea. In the futnre this oecd never be sold off. MRS. PARKER: Hopefully. I think an owner ~o~ld oecu~ the premises for vacation time and then rent it to other people. MR. ~R~ER: Ail yon are doing is adding one other house here. T~E C~AIRMAN: This is a far better solution tb~ what could happen. MR. PA~R~.R: I agree if that is the ~ay it is going to be resolved se it can't be divided into little pieces from now one THE CHAIRMAN: The Board feels this will be a favorable determination and will ~Tite a letter te the Chairmo~ of tho Plazm~.~gBoa~d. On mOtion by Mr. Gillispie, seconded by RESOLVED that the Southold Town Board of Appeals postpone action eM Appeal No. 18~2, Lucile ~{esback, until approval is received from the Planning Board. Vote of the Board: Ayes:- Messre: Gillispie, Bergen, Grigonis~ Hulse~ Doyen. PUBliC HEARING: APPeal Ne. 18~1 - 8~15 P.M. (E,S.T.), upon application ef Eugene Mazmaferre, 215 Oak Street, Greenport, New York for a variance in accordance with the Zoning ordi.ance, Article III, Section 301 and Bu/k Schedule for permission to build new eno family dwelling: with insufficient setbacks. Location of property~ Lot ~ 2~ Greenport D~ivein Park~ Brown and Ninth Streets, Greenpert, New York. Fee paid r~