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Home My WebLink About1130 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING ROAKD OF APPEALS Appeal No. 1130 Dated June 28, 1967 AC~ON Or T~ ZON~ BOm~D Or aPPmU~ OP T~ TOW~ OF SOUT~OLD To Lefferts P. Edson, Esq. a/c Philip & Natalie Pavia Main Road 3 Great Jones Street Southold, New York New York, New York 1967 Appellant at a meeting of the Zoning Board of Appeals on ~hursd~y, was considered and the action indicated ,below was taken on your ( ) Request for variance due to lack of access to proper~y ( ) Request for a special exception under the Zoning Ordinance 9f ) Request for a variance to the Zoning Ordinance ( ) July 20, 1967 the apg~al 1. SPECIAL EXCEPTION. By rsso~tion of the ~oard it was determined ~ha~ a SPecial e~ce~tion ( ) be granted ( ) be d'enied pursuant to Article .......... ~... Section ................ Subs~ctten ................ paragraph ............... of the Zoning Ordinance, and the decision of the ~Buflding Inspeqtor ( ~ be reversed ( ) be confirmed becausa 7~55 P.M. (E.D.S.~)~ Upon application of Lefferts P. Edson, Esq., Main Road, Southold, New York, a/c Philip and Natalie Pavia, 3 Great Jones Street, New York, New York, for permit to alter and'cOnvert an existing fram builting to a studio and residence, said farm building being a "non-confmrming building", hav- ing insufficient setback from a public highway, also for 'the conversion of another existing farm building to a studio. The above applications are made unde~ Article III, Section 304, and Article III, Section 300, Subsection 7 of the Build lng Zone Ordinance of the Town of Southold, Location of property: east side Midland Parkway, being lot %1, map of "Seawood Acres, Section I", Map %2575 filed in the County Clerk's Office, boundednorth:by lot % 2 & 3, east by F. Akscin & Wf., south by O, Seiling & P. Peters, west Dy M~land markway, ~ayvi~w, Southold, 2. VA~IA/~CE. By resointlon of the Board it Was determined that -' New York. (al Str~,ct application of the OTdJn~nce (wou/d) (would not) produce practical di~icditi~ or unneceSSary hardship because SEE REVERSE (b) The hardkship created (is) (is not) unique and (would) (wodid not/ be shared by all properties alike in the Immediate vicinity of this property and in the same use distrtc~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould 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. FORM ZB4 APPROVED ~ N~O/~SD OF APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicants requrest permission to convert exist/rig farm buildings into a painting studio and sculpture studio. The Board grants this application as applied for except the applicants are denied the use of the cauliflower house, westerly accessory building on the property, for residential purposes. The findings of the Board are the applicants propose to use the large barn, the northerly part of the property, for a sculpture studio; and the small barn, on the westerly part of the property, as a paint studio~ with the inst~llation of proper facilities. ~he~6a~d'f~t~er finds that the use is ~r~marily Seasonal, alth0 the applicants i~tend to ~ build elsewhere on the Property and will conform t6 Side yard and front yard requirements. ~ The Board finds ~hat stri6t application of the.O~dinance will Produce pract~cai difficul~S or unnecessary ~ardship; ' ~ the hardship c~eated iS unique'and would not be shared by al~ pro~ertles alike in ~heimmediate vicinity 6f this prODer~y and in the sam~use district; and the varian6e does observe th~ spirit 6f the Ordiaance and will'n0t cha~ge the'charadter of the district. Therefore, it was RESOLVED~at Lefferts P. Edson, Esq., Main Road, Southold, New York, a/c Philip and Natalie Pavia, 3 Great Jones Street, New York, New York, be granted permission to convert an existing farm building into studios as follows: the large barn on the northerly part of the property shall be used as a sculpture studio; the small barn on the westerly part of the property as a paint studio; the applicants are denied permission to use either building as a residence. Location of property: east side Midland Parkway, being lot %1, Map of "Seawood Acres, Section ~," Southold, NewYork. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. i/~ TO THE ZONING BOARD' OF APPEALS, TOWN OF SOUTHOLD, N.Y. v PHILIP PAVIA and ] (We) NATALIE EDGAR PAVIA~.hiswife,of 3 Great Jones Street~ Name of Appellant Street and 'Number New York New York, 10012 I-tEREBY APPEAL TO Municipality State by Lefferts P. Edson, Attorney THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR O~ ^PP,,CATION FOR PERM,T NO ..................................... DATED ...... ..... WHEREBY THE BUILDING INSPECTOR DENIED TO Philip Pavia and · ..N.a...t..a..li.~... ~.dg.~r...R.~v. ia,....hi~...w.i£.~., ....... Name of Applicant for permit of 3 Great Jones Street, New York, N. Y., 10012 Street and Number Municipality State PERMIT TO USE (x) (x) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY e/.s..i~idla~d..~.ar.k.w.a.y.,.B.~.I~....~.iew.,.S.o.u.~hQ.l~.,.N...Y.. - Street Use District on Zoning Map A-residential t ...25.7.5 ................................................................ Iv'tap 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.) Article 3~ .~304; Article 3, .~300, sub. 7; Article 7, ~703B 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordin.ance 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 ~1 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance (x) Special Exception under Article 3, §300, sub. 7 A .Reque.st. ~or the that applicants wish to alter barn on the northwesterly ~s reques~ea reason line of their property as shown on the attached survey, changing the present agricultural use of the structure to living quarters and art ~tudio. This structure Which has existed for many years has an in- sufficient set back for residential purposes under Section 304 of the Zoning Ordinance. e Request ~B is requested for the reason that the barn near the north- easterly line of the applicants property as shown on the attached survey has an agricultural use. The applicants desire to use this barn for an art studio, primarily stone sculpture, which necessitates a special exception under Article 3, ~300, sub. 7. Applicants intended use and occupancy Shall comply with Section 703B of the Zoning Ordinance Which requires a Certificate of Occupancy for each of the two structures 'hereinbefore referred to. REASON FOR APPEAL ContinUed A - Set Back Variance 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus'e t'he present limitation to an agricultural use of the barn on the northwesterly line of the property renders the structure valueless because t'he neighbor'hood is now Primarily residential in charact~er. ~ " ' B - The barn on the northeasterly line of the property put to its contemplated use as an art studio will comply wit'h Article 3, §30Q, sub. 7 and is authorized ~herein specifically for a special exception. A 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 barn for which an application is being made herein for residential and studio use has existed in its present location for several generations. A 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all of t'he changes t'he applicants herein intend to make will tend to make t'he structures conform more to the character of the district than they presently do with the existing restricted use. STATE OF NEW YORK ) Philip Pavia ) ss COUNTY OF SUFFOLK ) - l~atalie ~dqar Signature By~~-~~;~ Leffert$ P, Edson, SwOrn to this 28th doy of ...... ~..l~. ......... ~. .............. .'~. .... ~.. 19 ~7 Attorney No. 5~-013A~gg - Suffolk County Term ~e~ M~rch ~ pe~at~ to alter and co~vert an existing ~ buildiug to a ~c~dt ~ttltuekt ~.~. for pe~t ~A ~ lot ~ ~ ~p cf Li~ ~1~t ~p ~ f~ .I LEGAL NOTICE Notice 0~ Hearings . Pursuant to Section 267 of t~he Tow~ ~ and the provisions of the ~ Building Zone O~lin- ,9,rice ~.:~"own Of ~uthold, b-'uffOlk :~, New York, pt~blic hearings ~i be held by the h~ Board~ Appeals el the Towr of Southold, at the Town OffiCe Main l~k~t, hold, New York, or~ ,Iuly 20, 1967 on the following appeals: ... c~tion of Renssela~r O. Terry Jr. F-~I., Main ~Road, Soutllold, New York, A/C Ma~rle Burkb~dt, view Road, ~t~hold, N. Y. for i'eco~'nttion of ~ess In accord- ance wlt~ tl~e State of New York Town L~w, ~ection 280A. Location o f l~i~0Periy:' S/~5 .Main B~yvlew P,~ad; l~aunded North by Main ]~rview P,o~d; F,a$~ by A. O'Sul- livan and Ano; Soui;h by ~outh l~ork Develop~ne~t Cce,p.; West by fYI..Oaccavo. 7:6,5 ~ (E.D.S.T.) Upon the IH>- ' ,pillion of L~ffert.s P. Edson F-~I., lVlain Road, Southold, i~ew York, A/C piallip and l~t~falte~'Pa¥ta, 3 Great Jerks s~reet, New York, N. Y. for penni~ to alter a~d ~on- · ,ver~ an existing farm ,bulldll~ to a resider~ce a~ud studio, said farm building being ~ "non-col~fOrm- Ir~g building" havin~ insufficient s~.,back from' ~, l~blle highway, exis~ng farm .hui.lgii~ to a studio. The 0~bove arl~lle~iioI16 a~e m~de .under the provisior~ of Article section 304 and .&rticle III ~ st~b 7 of tl'~e Bdildin~ Zone-~ ordinance of ta.e ~rown af S0qth- old. ~tion of ~ro!o~r~y: East side of ~ Parl~vay, ~bein§ lo~ No. 1, ma~ o~ "~,wood Acres, ~ctlon r', ~ No. 2575 filed ,in t2~e C~unty Clerk's office~ Bound- ed - North by tot No. 2 & 3 Sea- wood Acre~ sec 1; Eas~ - F. Ak~in & ,wife; South - O. Selling & P.' Peters; West . Midlar~ Park~vay, Bayvie~, ~outboki, N.Y. , 8:20 PM (.~-.D~.T.) U~on the Ap- ~lle~ion of William W~l~.r~ Esq. tV isdn Rc~d, lv~attttuck, N! Y. Julius W. Helbing, Sall.~s Needle ~,oad, Ma~.ituck, N. ~!~ for ~ermit a~ea and recogT~ilion of a~cess; u~der provhsl0n$ of A~. IH sec 303 and ~rtX sec 10O0A of huild- i~ Zone~.oi~inm~ce of the Town' Town I~w ~ection 280A. D0cation ~ 1 of proper~y, E~t half io~ No. 3 , Map of Lida B~tley, map No. 770 filed ~ the County Clerk's office, Bounded - N~rih Juntos Oresk; ~a~t ~ames Creek; ~South P~bert~ Ooon~hs; 'We~t A. W~ard & James Creek. '- Any person desiring to be heard on any ol the above ~ppll~aflons, should appe~ ~t the t_lme and place ~,bove speclfied~ ,, I l)ated J,uiy 6, 196'1, by order the Sout~old Town Zonln~ Board of A~peals ltJl4 COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, j .... i.g duly Swo,n, s~ys that ..D ~.~.. is Printer and Publisher of ~e SUFFOLK ~EKLY TIMES, ~ newsier pub~sh~ ~ Greenport, in ~d county: ~nd ~at the ~oti~, of which the ~e~ is ~ print~ ~py, ~s ~en published in the ~d Sufblk Week~ Times once in e~ch week, for ......... ~ .............. week~ commencing on ~e ..~ ...... suc~ssively .... / ~ ~ /i .j ................. . LEFFERTS PAINE EDSON June 28, 1967 Mr. Howard Terry, Building Town of Southold Town Clerk's Office Southold, New York 11971 Inspector Dear Howard: Will you kindly present the enclosed application of Mr. and Mrs. Philip Pavia concerning the use of property on Midland Parkway to the Zoning Board of Appeals at its next meeting. Thank you very much. LPE/ea Encl. / S~cerely, ? ;une 16m 1967 l(r, &~rs Fhili~ Pavia 3 Great Jones New ~ork~ Dear Mr. & Mrs Pavia! _ Today X received a copy o£ the survey of yo'~ lot ~1~ ~[~od~Acres, Southold, N.Y. from VanTuyl the Surveyor~ showing the moca~mono ox all buildings~ property lines etc. The westerly build.nC which you wish to convert to a studio with living quarters is a "non-conforming" building which is too close to the ~oad. This cannot be converted to any other use than agricultural storage without a~proval of the Board of Appeals. The main (largest) barn can be converted to a residence with a studio if you wish~ however this .will require a building permit and health department approval of ~ater supply& sewerage disposal before a certificate of occupancy can ~e issued. None of the buildings can be used for any Purpose other than agricultural st~age without a certificate of occupancy ~ Art ~X section 70~B - of the Building Zone Ordinance. You are hereby ordered not to use any of thebuildings for any purpose other than agricultural storage until a certificate of occupancy for such building is issued by this office. Xours truly l~uilding Inspector >- LOT z LOT '5 ~1 ~t. ot;' ~J'u~4~-~ eNowtJ ~z~F~[z '[o," MAp OF e -- .zOU pip~ El ~. MOLIUM~M"r