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Home My WebLink About2357 i TOWN OF SOUTHOLD, NEW YORK •: DATE NOV. 3, 1977 ACTION OF THE ZONING BOARD OF'APPEALS Appeal No. 2357 Dated October 19, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Mahr (Wm. Price, Jr. , Esq. ) _ Appellant 19 Zemek Street Valley Stream, NY at a meeting of the Zoning Board of Appeals on November 3 , 1977 the appeal 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 fora variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be anted ) be denied pursuant to Article Section Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 ;25 P.M. (E.S.T. ) upon application of George Mahr, 19 Zemek Street, Valley Stream., New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change lot lines. Location' of property: north side Front Street, Greenport, New York, bounded on the north by School District #10; east by' now or formerly Peterson; south by Front Street (Route 25) ; west by W. Price. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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 ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicant requests permission to change lot lines, north side Front Street, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of . the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, George Mahr, 19 Zemek Street, Valley Stream, New York, be GRANTED permission to change lot lines, north side Front Street.,, Greenport, New York, as' applied for. Vote of the Board: Ayes : - Messrs: Gillispie, Bergen, Hulse, .. Grigonis, Doyen. {{ Legal Notice -2- Hearings: November 3, 1977 accordance with the Zoning Ordinance, Article III, Section 100-30• and Bulk Schedule for permission to set off lot. with insufficient area. Location, of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right-of-way; south by A. Grigonis; west by now or formerly Wm. A. Coleman & wf. 8 :25 P.M. (E.S.T.) upon application of George Mahr, 19 Zemek Street, Valley Stream, New York (Wm. H. Price, Jr. , Esq. ) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and .Bulk Schedule for permission' to change lot lines. Location of property: north side Front Street, Greenport, New York, bounded on the north by School District 10; ' east by now or formerly Peterson; south by Front Street (Main ' Road; - Route 25) ; west by W. Price. 8:40 P.M. (E.S.T.) upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law; `Section 280A for approval of access. Location of . property: right-of-way east side Little Neck Road, Cutchogue, New. York, bounded on the north by A. C. Mason and right-of-way; east by Norwold i Subdivision; south by Dunhuber; west by Dunhuber & Andruski. 8 :50 P.M. (E.S.T. ) upon application of Robert Sorenson c/o A. John Gada Gen'l Contractor; Inc. , Draw B, Fishers Island, New York for a variance in accordance-with the Zoning Ordinance, Article III, Section 100-32. for permission to construct accessory building in front yard area. Location of property: east side Equestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf. ; west by Equestrian Avenue. 9 : 00 P.M. (E.S.T. ) upon . application of the Estate of Walter Washburn, Bay Avenue,, East Marion, New York for a �i variance in accordance with the Zoning Ordinance, Article III i { LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of COUNTY OF SUFFOLK 55: the Town Law and the provi- STATE OF NEW YORK sions of the Amended Building Zone Ordinance of'the Town of Southold, New York, public hearings will o held al the Sherley Katz, being duly sworn, says that she is an Zoning, Board of Appeals as f �. the Town Hall, Main Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold,New York,on Thurs 1 day;November 3, 1977, on the a public newspaper printed of Southold, in Suffolk County; following appeals: and that the notice of which the annexed is a printed copy, 7:30 P.M.(E.S.T.)Recessed has been published in said Lon Island Traveler-Watch- hearing upon application of P 9 Virginia W. Suter, Beachwood man once each week for Road, Cutchogue, New York weeks for, a variance to construct successively, commencing on the ... """""""""""""""' accessory building with insuf- ficient setback. day of ...�,.1'� .��"'�'................. 19..�1... 7:45 P.M.(E.S.T.)Recessed _ hearing upon application s . Doris Helf,1965 Bray Avenuee,, - Mattituck, New York(William ••••••• ,*`••••........... ••.••••......••• •...... ............... Clark, Esq.) for a variance•to- set off .lot' with insufficient width and area and construct dwelling. 7:55 P.M. (E.S.T.) upon Swom to before me this .. day application of James W. Daw- �/ �� ' ........... ... .. � .. ............... of son, 9 ,'Stone Ledge Road, 1 J Upper Saddle River; New Jer- sey (Richard Cron, Esq.) for a variance in accordance .with the Zoning'Ordinance, Article III, Section 100-30 and Bulk Schedulefor permission to - ......... ...... . .... . ................................... construct-dwelling with, insuf tart' Public ficient setbacks. Location of property: North side CR27,, Greenport, New York, bound- ed on the north.by Long Island Sound; -.east by, R. Tasker; south by,CR27; west'by Coun- JOSEPH FENTON ty Wide Management. , p1pT4RY Mo. 52-1195150ew Y OM 8:05 P.M. (E.S.T.) upon application -of Joseph A. Qualified in Suffolk County �.: 19� . Shipule, 4910 North Bayview., commission Expires March 30, --Road, Southold,New-York for a variance in accordance with --'—tivw--v -1ormerry--Wni:X. Co &&wf. :25 P. (E.S.T.) . upon app ication of George Mahr 1.9 Zemek Street; Valley Stream,, New York (Wm. H. Ifrice,,Jr.,' Esq.)for a variance in accordance with the Zoning Ordinance,Article III, Section 1.00-30 an B—Sfflk--7t;hedule for permission to change lot lines. Location of property: north side Front 'Street, Greenport, New York, bounded on the north by School District 10; east by now or formerly Peter- son; south by Front Street (Main Road Route 25); west by W. Price. 8:40 P.M. (E.S.T.) upon application,of Charles G. and P Mary A. Tangney, 1695 Little 'Neck Road, Cutchogue, New ~ FORM NO' o TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL � ) / / FileNo. ------.----------.---. Date ......................................................... l9....... To . -. �^�,.�X ^,_,.,,,�� N�. n '—r ' �~ \}- 7��-- "=`�`� ---� r/�JL ' `��=�"m~'=v- -----------~--- ' -----'l/'=='----`="~''-^-'^-^'^^^-^^^-~ 0 PLEASE TAKE NOTICE that your application dated .............. ------, l9�1 . . for permit to ./ 3.4 .. ---zt the premises located at -- -.----. -- . ............ , �.D. .-- Street '�� ~ Moo .................... ..... Block ---..`�,. ....................... Lot --..-X.................................. is returned herewith and disapproved on the following grounds -- --��.,��,^-�.�m�~ __________~__~_ ----------...-..-.^-..-.--.---, ---------.-~--.-.-~.--.....-..^, ----' . ..,<^��.^..��. -.. �- .. �^~^�~ ~ �/ / Uc, -' c/ / '-'-''^''fLill f^' ^^'^^' ' d/nov|nspector � / � � ' � ` U � e TOWN OF SOUTH,OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. -� DATE ..�P ..��., .�.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...; ..GEORGE DMITr................................of 19 Zenteh Street .............................................. ................................................. Name of Appellant Street and Number ValleX Stream.................... New HEREBY APPEAL TO ................................... ......... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI DIN INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...........`D..:I. . .�I.�....................... WHEREBY THE BUILDING INSPECTOR DENIED TO George Mahr .......:................................................................ Name of Applicant for permit of 19 Zemek Street, Valley Stream, New. York ................................................................................................................................. Street and Number Municipality State ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..N/S„F.ront Street, Greenport,I3.Y. "ti" Residential ........................................................ ...... Street Use District on Zoning Map 'Moo No....................................... .Lot No............... 2. PROVI,SION (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.) Article III , Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (.hes� (has not) been made with respect tojhis:decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance is requested for the reason that appellant wishes to convey a small portion of his lot, which is - less -than 40,000 square. Teet in area, to his neighbor, whose lot is also less than 40,000 square feet.. Form Zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnec'es sary HARDSHIP because ' any type of divider, be it , a 'fence or shrubbery., erected on the current boundary line between the appellant' s property and the property immediately to. 'the west belonging to appellant's neighbor, Kenneth Peter•son,' would;be.."difficult ,-to. locate. because'"of' the fact that the current.,boundary between the two properties is not a straight course. 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 the. property of. appellant .and the..---above menti,oned.,...pro,perty. .of, Peterson. are "surrounded by :property 'belon in to. Scho' g g , olDistrict No. 10 and 'other property.,, not .usedas . private dwellings, and therefore., the boundary between appellant 's property and Peterson' s property is- unique in that aesthetic considerations normally associated with private family dwellings prevail. 3'. The Variance would- observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because. the.xresult of: the conveyance would be that the., property', of� Peterson, ';which, has an, area of `less than '40 ,000 square feet andis considerably smaller:-.than the appellant' s property, would be enlarged and appellant' s 'property. would be onlyslightly reduced, and, in addition, the area of ,appellant's land combined-with:the.. -area of Peterson would remain the same with the only- resulting change::being a straight boundary line. .STATE OF NEW YORK ) d4 ). ss .' ........... ......... ......... ........7.. r r COUNTY- OF SUFFE)LK): . . . Signature '��R//• . Sworn to this ............... ........ day of........Qctobet..:.......:.................... 19 77 ............ ... .. 0..;/.ry Public IRVING L. PRICE; JR. NITAW MMI, STATE OF N&W Y®RK 909ding In WOM I&of time of appaiatment Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New Y6rk .11787 Board of Appeals November 7, 1977 Town of Southold Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission. are considered to be a matter for. local determin— ation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Rowland A. Robbins 2354 Robert. Sorenson 2355 George Mahr 2357 . James W. Dawson 2358 Dorothy Yoerges 2361 .. Very truly yours, Lee E. Koppelman Director of Planning by GGIT:fp F ®� n� JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 19, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2357, application of George Mahr for a variance- Also included is notification to adjoining.-property owners: School District Number 10, William H. Price, Mr. & Mrs. Kenneth Peterson. 1 TOWN CLERK 765-3783 OC��FFQ�`+O Building Dept. lj Planning Bd. } 765-2660 Board of Appeals o . Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-13, Sections 239-1 and m, the .Board..of..Appeals............. of the town of Southold, N. Y. hereby refers the following (agency involved) proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance George Mahr Amendment to the zoning ordinance 19 Zemek StreetValley Stream, NY ............ Zoning changes ............ Special permits ,..X....... Variances Location of affected land: ...NOrth side Front Street, Greport, N.Y. . ...............................................................eri...........................................:..: within 500 feet of: (check one or more ............ Town or village boundary line ............ State or county road, parkway or expressway .....g....... State or county park :or recreation area ............. Streams 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 applicants were granted permission to straighten the lot line. Date:. .....NQV.....4......19.7 7............... ................................................................................ (signed) Robert W. Gillispie, Jr._ Chairman ................................................................................ Title Date received by Suffolk County Planning Commission ............................................................... FileNo. ........................:....... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of GEORGE MAHR NOTICE to.the.Board of Appeals of the Town of Southold TO: School District Number '10 Williain H. Price Mr. . & Mrs. Kenneth Peterson Front Street 828 Front.Street Front Street ..Greenport'- New York 119.44 Greenport,�IN.'Y.11944 Greemport, LJ.Y. 11944 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)4Spma�-Exeeptiort�fSpecial-Perrrdt}fthe-fofiov ing-mHe . 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: s;to at Greenport, Town of. Southold, County. of Suffolk, New York: Bounded on the south by Front Street; . bounded on. the west by lands of, Prkde; bounded on the north by lands of School District No.. 10;.. bounded on the. east .by. lands of Peterson. 3. That the property which is the subject of such Petition is located in the following zoning distfict: nAn Residential 4. That by such Petition, the undersigned will"request the following relief: That petitioner be permitted ,to .convey a parcel of land, :,situate. on the easterly side of petitioner's . property.`;' to .the' owner of the;."land contiguous to. such parcel. 5. Thatthe provisions of thia Southold Town Zoning Code'applicable to the relief sought by the under- signed are: Art a TTT, ctj on 00-31' 6. That within five days from the date he a written Petition requesting the relief specified.above will be' filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the rel_ief'sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a,not'ice of such hearing must be published at least five days prior to the date of such. hearing in the Suffolk-,Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in.the Town_of,Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. - Dated: October 18, 1977 Petitioner George .Malay__ Post Office Address Zemek Street Valley Streain,..New ;York 11580 PROOF OF MAILING OF NOTICE NAME ADDRESS School District No. 10 Front Street Greenport, .N.Y. 11944. William H. Price 828 Front Street .Gr.eenport, .N.Y. 11944. . Mr. & Mrs. Kenneth Peterson Front Street .. Greenport, N.Y. 11944. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK) Doris'i-M::' Gable 3755 So.Harbor Roadr, e , residing at Southold,`New.York , being duly sworn, deposes and says that on the 18th day. of October 1977. , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set.'opposite their.respecdve names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Southold, New York ;that said Notices were mailed to each of said persons by (certified){reiietered) mail. Doris M. Gable Sworn to before me this 18th . day of 0 October , 19 7.71 .uc! Notary Public IRVING L. PRICE; JR. NOTARY PUBLIC, STATE OF NEW YORK Residing in Svffelk Co.at time of appsintmenl My Commission Expires March 30, 19 S�-3/G 1,11'rp OTTO W. VAN TUYL RODERICK VAN:TUYL Reg.Professional Engineer Licensed (and Surveyor Licensed Land Surveyor Phone 477-1487 Phone 477 1608 R®®EMCK VAf4,: TUYL, P. C.' FRONT STREET AT MAIN' GREENPORT, NEW YORK 11944 'y PHONE 477.0170 - e " September 22g 1977 DESCRIPTION:' George Mahr to'Kenneth Peterson NIS Front Street, GreenportJ. 4 Beginning at' a monument 'set on, the ;northerly line of Front Street at the southeasterly corner of land of the Gr •', r ,' �: party 'o f the ''first. part and the, southwesterly corner of h 1 land of,:,the party, of the- second 'part; running thence through said land of'' the party ,of the . first part,-N. 09. 49 4011 E. C. f 195.72 feet to land of School District #10; thence along said n ,' lands . N. 890_ 33 a 40" E. �- 15.1'1 feet. to' the northwesterly ' ner of ,said land of the 'party `of the seeoxid part; thence 'a- ' long' said la-Ad'9 two. courses: Iq 1 S ° 10 : s 57c 3ou. W. 49.60 feet; thence S o ^ (2) 3 182, 50" W. � 147.37''feet to the point -�of be I ginningm ,{ t t2 r RODERICK« VAN TU n P e C. x " RVT/mg .Kenneth._Pe rsonHIN r i a owl 10 l i r- _ � -- V7 fOld ; t? 1 0 a i x - fare'� Lana . EXHIBIT A o o�, coo�un,aM�' o !toop { = Aaez c/e.-e..,�y s AVZ"; A4Z.EA= - 331.6 AGres ` (36: �I,-TiFtF-41 N 322.657.75 2 616.26 322.403.78 323,3035 .2.4116.149-38 iE 2,44t3,737.1 3 '95.06 321.948.6.1 2.446.534.23 135.%2k, 2.446.607.57 321.699.39 2.446.314.45: SEE SEC. NO. 040 N 32VOO MATCH LINE I?2.7 41' 321.676.54 4 4 6.14 3.19 —-iZ-- UNION FREE Sd OOL T,:3�3.44 321.652.11 2.445..750.03' H I CA �i.-,-,.3.19 321.557.57 2.445.428.40' 0 DIST.- NO. 10 —232.84 321,601.83 2.445.199.80 1 2 :10 1 M-1. 75" .5 LA 3 4 33.6'A c r 1.25 A(c .3 6 2.- .8 7 48 -i S'T. y, 2.0 A c 8 N'(09 CO 2 2 F- D.. 2Ar' L 4 1.2A(c)' 3 8 A c 2 vj) '046 SEE SEC. NO. m 5 1.4A cl 0 6. 4.3 A c 4 2 2.OA(c) 2 3.3 A(c) A6 t— A A6 r CD M, 0 12.6 A c 16.5A(c) Lc -SHORELINE F— �SE