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HomeMy WebLinkAbout2390 TOWN OF SOUTHOLD, NEW YORK ACTION OF T~E ZON~qG ~OARD OF A~PEALS Appeal No. 2390 Dated January 19, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOY~N OF SOUTHOLD To Robert J. Heaney 1400 Pine Neck Road Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on February 2, vas considered and the action intricated below was taken on your (X) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1978 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 Zonir~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~irmed because 8:45 P.M. (E.S.T.) upon application of Robert J. Heaney, 1400 Pine Neck Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient width and area and approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; west by Wirth. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and APP OYED ZONING BOARD OF ;~PPEAI~ Mary S. Daw,on, After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area and approval of access, north side Pine Neck Road, Southold, New York. The findings of the Board are that the creation of two lots on this property would be adverse to the future of the Town, and would set a precedent for an additional 15 or 20 undersized lots in the area immediately north of Pine Neck Road. 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. THEREFORE IT WAS RESOLVED, Robert J. Heaney, 1400 Pine Neck Road, Southold, New York, be DENIED permission to divide property with insufficient width and area and approval of access, north side Pine Neck Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Legal Notic%~ -2- He~/ngs: February 2, 1978 8:35'P.M. (E.S.T.) upon application of Carlton T. and Marion G. Latham, 235 Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Northeast side Sleepy Hollow Lane, Southold, New York; Lot 11, Map of Sleepy Hollow, Filed Map ~6351, Southold, New York. 8:45 P.M. (H.S.T.) upon application of Robert J. Heaney, 1400 Pine Neck Road, Southoid, New York for a variance in accord- ante with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient width and area and approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the ~ north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; west by Wirth. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 26, 1978, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on January 23, 1978: Rudolph Bruer, Esq. a/c John Xikis Richard Lark, Esq. a/c James J. Murphy Harold and Virginia Thomas Kathleen Willman Carlton and Marion Latham Robert J. Heaney 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 Southold, New York, public hearings will be held by the Zoning Board of Ap~ls at the Town HaH, Main Road, ~outhold, New York, on Thursday, February 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) - Recessed hearing upon application of John Xikis fm~ a special exceptiea to construct motel and reste~ant, south side CR27, Greenport, New York. 7:45 P.M. (E.S.T.)upon ap- plication of Harold a~i~ginia Thomas 9! Av~ Port Washington, New y~ fo~ a varlaltea in aee~with the Zoning Ordieanea,'~Cle III, Section 100-31 and Bulk Schedule for permission to construct ad- dition with insufficient front and side yard setbacks: Location of property: North side Minnehaha Boulevard, seuthold, New York, betmded on the north by Corey Creek; east by J. Bngdin; south by Minnehaha Boulevard; west by H. Haggerty. 8:00 P.M. (E.S.T.) - Recessed hearing upon application of ,]ames ,]. Murphy, 3617 Johns Street, Wantagh, New York, for a speciai exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conforming dwelling. Location of property: North side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Hortou Lane Parking Lot. 8:20 P.M. (E.S.T.) upon ap- plication of Kathlean Willman, 19 Kirn Avenue, Hauppauge, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule for per- mission to construct addition appear at the time and place above specified. Dated: January 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ26-2892 with insufficient side yard set-U ~qL~'~ ~, ,~,~ ~ back. Location of property: ............................. beiug daiy Sworu, North side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Demsa; south by Horton Lane Beach; west by Horton Lane Parking Lot. 8:35 P.M. (E.S.T.) upon ap- plication of Carlton T. and Marion G. Latham, 235 Oaldawn Avenue, Seuthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Northeast side Sleepy Hollow Lane, Southold, New York; Lot 11, Map of Sleepy Hollow, Filed Map No. 6351, Sonthold, New York. 8:45 P.M. (E.S.T.) upon ap-~ plication of Robert J. Heaney, 1400 Pine Neck Road, Southold,I New York for a variance in ac~ cordance with the Zoning Or- dinance, Article III, Section 100 81 and Bulk Schedule for per mission to divide property witi insufficient width and area an( approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; , west by Wirth. Any person desiring to be bearc~ · ~... is Printer and Publisher of the SUFFOLK :IMES, a newspaper published ~rt Greenport, in said ! that the notice, of which the annexed is ~ printed t~een published in the said Suffolk Weekly Times :h week, tor ONF weeks y commencing on the . .q~'F,N.T¥-.~.I. Xq~t ........ ....... ',.'~ ~ ............. -...,-~ ............. before me this '"~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of S0uthold, New York, public hearings will be held by the Zoning Board Of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, February 2, 1978, on the following appeals: 7:30 P.M, (E.S.T.) - Re- cessed hearing upon applica- tion of John Xikis for a special exception to construct motel and restaurant, south side CR27, Gre~fiport, New York. ~7:45 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C, Port Washington, New York for a variance in accordance with the ZOning Ordinance, Article IH, Se~ion 100-31 and Bulk'Sch~!t~ ule for permission ~o c6hsttfict addition with in- Sufficient front and side yard ~etbacks. Location of property: North side Minnehaha Boule- Vard, Southold, New York, ~bounded on the north by Corey Creek; east by J. Bugdin; south by Minnehaha Boule- vard; west by H. Haggerty. 8:00 P.M. (E.S.T.) - Re- cessed hearing upon applica- tion of James J. Murphy, 3617 Johns Street, Wantagh, New York, for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conform- ing dwelling. Location of pro- perry: North side Horton Lane, Southold, New York, bounded on the/north by Long_Island L~t/!l, Map of ~eepy-H~fJ~)w~ _F~ed Map #6351, Southold, ~E.S.T.) upon~lill application of Robert J. Hean- ey, 1400 Pine Neck Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk~ Schedule for permission to] divide property with insuffi- cient width and area andl approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by H. Barry and aha.; south by Pine Neck Road; west by Wirth. Any person desirine to be heard on heL~ve appeals should appear at the time and place above specified. COUNTY OF SUFFOLK STATE OF Nla-'VV YORK Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count'y; and that the notice of which the annexed is a printed copy, has been published in said Lanai Island Traveler-Watch- man once each week for ......................................../ weeks successively, commencing on the .....~.;~; .............................. day of .:..A'.;'. '. ................. , 19..~i~.. Sworn to before me this ....!.~../.~ ............. day or ../ ,../../.: ./. Z. :..~. ,~ ............... 19..~.: ................ ......................... ]//at ary Public ffoll: County Department of Pla~finS Lee Dennison Executive Office RuildinE Veterans ilemorial lli~hway Hauppau~e, I!~-~ York 11787 Town of Sout~bld Zoning Board of Appeals February 16, 1978 Petitioner: Robert J. Heaney . M~m. File No.: 2390 ~en~lemen:. Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Comission is considered to be a matter for local, determination. The decision of local-determination should not be construed.as either, an approval or a disapproval, . 'Comments: The Board of Appeals should cautiously exercise its discret- ionary power in ~rantin~ such substandard iot area variances which only serve to undermine the effectiveness of the'zonin~ ordinance~ alter. ~he character of the area and establish a precedent for the continuance of such a practice. C~1!: fp Very truly yours, Lee E. Koppelnan Director. of Planning by ~ .... Oi.." i'" O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.'~:~,cJ~)/~) TO THE ZONING BOARD OF APPEALS, TOWN O~ S~THOLD, N. Y. ,, ....... .............. Name of Appellon~ Street and Numar .................. · ~.~ ....................................................... ~,..~. ....... .~E~ ,,,~ ~o Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ( of WHEREBY THE BUILDING INSPECTOR DENIED TO ............. ........... Name of Applicant for permit ........... ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY/~.P.~.. ~/~NZ~.~..d~./~zf,,Q ............................................................ Street Use District on Zoning Mop 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 ~'O,'~ ~ 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 (has) (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 ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection A Variance to the Zoning Ordinance ( ) ,s requested for the reason thor ~~.~ ~'orm ~.]~! (Continue on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY OF ) Sworn t~o this ............ .~.../.. ......................... day of ....... 19 "~ .......... ~lotary Public NOTARY PUBLIC, State of Naw York TOWN CLERK Building Dept. Planning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... ]~ozl. rd. oJ~ .Ap[3~.~18 .............. of the town of. .~q~t.t.b~q~.d ......... (agency involved) 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 Robert J. Heaney 1400 Pine Neck Road Southold, NY 11971 ................ Special permits .... ~ ........ Variances Location of affected land: North side Dine Neck Roadt Southoldt ~ within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream 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 C~,,X,,,,~,,[~. Shoreline The Board denied this application as they did not want to set a precedent for the area, especially the 5-acre lot directly next to this plot. Robert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Boaru of Appeals 8outhol~, i.Y. 119'~1 · Tanuary ~5, 19'/8 Gontlemonl- Petition ef Robert Roans2 X have teds2 resolved by ~il · notXee, dated ~anuary 19, 1978, of Robert Reaneyts intention te petition you~ Boa~d to divide his property at Pine look Road, 8outhola, into two late and approval of ·eeess. As the owner ef aaJaoent property o~ the east side, I take this opportunity to be heard at the en-uing publio hearing as though I were present in person an~ auk that ~ views be maas a part of your ~elibera- tionso I regret that ! sonnet be present in person as I am in FlorX~a for the winter monthse I have attaohea a rough map of several properties ~hat will also aaa to an understanding of the matters disousse~e My East property l~e, fro~ Pine leek Rs. to ~ookey Creek, is approximately 430' longJ the West line is approximately 4~0' lance With 100t width, aecording to Surveyor Van Tuyl, I have approximately 1.~ ~rese The Heaney proper~y, with ~e width ama 420~ or less along the property lines, is apparently slightly less than 3/4 sore. Xf i~ were split 5u-5~ there would be ,lightly less th~n 3/8 aero in eaoh paroel, (only ~';~% of the aistriot requirements) If the Boar~ wl~e to approve the 3/, sore pareels it woul- establish a preoedent that a future owner of the ~ 5 aero property new owned by Mrs. R.D.Wir~h on the west side of Hr. H~aney might raise when an~ if said e~ner should ~.elae te subdivide the Wirl~h property. RB; ~otition of Robo~ Hoaney -2- HENRY F. BARRY When lf~e Be&ney purohase~ hl~ proper~y in 19¥5 ~he ~istrio~ wee sone~ for one aore lo~o. hv~ ~/A sere or le~, hi~ was a pr~exist~g non-oo~o~ uae. ~e Boa~ w~ be ill advis~ a~ Shi8 ~e ~o establish ~o nom-eo~o~i~ pareels of ~/~ acre or lease 8inoe p~ehasing his proper~y, Mr. He~ey has been able to ~e ~11 ~e of s~ee Aeeo~lngly~ ~ere ~ist8 no ~u~ ~ship nor praetioal aiffieult2 ~d X feel tht the Boa~ w~l~ bye no greeds fo~ grantl~ the relief petltion~e Independently of the zon~g, X would like to ~raw attention ~o the faet ~t es~ablis~ent of a residenee on the north 1/2 of the He~ey proper~y~ght pose a water ~d eesspool probl~beeause, a~ you ~ov, well points ana oesopools sho~d be 1~0j apart. ~a I hve 2 well points within abou~ 1~' of ~he Barr~He~ey propert2 l~e at appr~tely the points ~dieat~e Vet2 ~uly yours Henry F~ Barry 1295 Fine Beck Road 8outhola, N.Y. 119~1 Temporary address: Tel. 5?05-0 17 Way floe St. Petersburg, Fi ~V12 813 - 86~ - 4221 O FOH~ NO. ~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ............................. · ..~.~..:"~/.-r..~...u..,· ........ /~I PLEASE TAKE NOT C~ that your application dated ... ~'~ / ~ , 19~ ~ for permit to ~ ................... ~... ....... 1 ......... at the premises located at .................................... ........................................ ~ ..................... Z':, - Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ......... ~.~.~..~...~ ............... ........................ A ................................................................................... :..... .......... ..... .~....cc~.~ ................................. ,, ~.~ ,~-~ 4 ~r~-~Z:~:'"~;~'2~"~ .................. ................................................... ~;':'"~'""~'~"a"'~"'"~"~:~'"~ ........... Building Inspector JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 19, 1978 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2390, application of Robert J. Heaney for a variance. Also included is notification to adjoining property owners as follows: H.&Ann Barry, Pine Neck Rd., Southold, N.Y.; M. Wirth, Pine Neck Rd., Southold, N.Y. Town Clerk JTT/bn cc:file '7' 7'0 5~LE- H ,F, B,bKe Y BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Apl~als of the~vn of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the '[own oJ' Southold to request a !Variance) (.Special Exception) (Special Permit) (the following relief: ~ ~ 2. That the ~ro~o~erty wh ic.~ is ~e s~u~ject .of th~ Petition is }ocated, adjacent, t(~ your property cribed as follows: ~ ~, ~/~~. ~~ .~~ ~/~ ~~.~ ..... ,_ ~, ~ ~-~ .?, and is des- 3. That the property which is the subject of suc,h Petition is located in the following zoning district: 4. That. by such Petition, the ~undersigned wil! request the following relief: ~e~_~/z~~ ~ ~ ~ .... ~- - -/ - $. That the prgvisions of ~he Southold Town Zonin~Co~J.~ a,p~oli/c~ble/to/t~e rel~f souglTt by the/4nder.-. signed are: ,/c~'~-TT~/ l~o~.'t~ i,,')~ _ Lq,,'"') ~ ~-'rS~..KX~; ~Y~/W',~f'~_~.~ - ~_ ~ ,,/v~..~,>-~ ~.. ~'7~'~'"_.,.~ ......... '-- ~h 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, $outhold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice 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: ~.~L~ /'?)./~?,¢ . Petitio'ner 7' --~' Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ,~'~,.,~.~,'/;~ a'b', ~, Y/~/ , being duly sworn, deposes and says that on the /?T_d day of ~/~? ,19 ~ , 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 thor respective 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- rice at ~,, ~ ~, ~ ; that said Notices were mailed to each of said persons by ~rti[~e~) (registered) ~il. Sworn to b'ore me this /e~/, ~''' ~ ~ Notary Public ~y ~. Te~m Expires Marc~ 3B, 1~ sOUTHOLD SCHOOL OIST. NO. 5 2o.~ sOUTHOLO SCHOOL 8.5A(c) OISTRICT NO..5 SOIJ'FHOLO OIST. NO. 5 19.6 L9 A(C) JOCKEY CREEK 19.,4 DR. 2o 22 14.7 ?-.OA(c) 1.0/~(¢ ) ?.9 ?-8 (50') jockey gA(c} TOWN OF $OUTHOLD 2 · I 6.0 ;\ ( '; ) CLEARVIEW 52. 54 AVE. '15 T 46 ~TER 66 .'IA(c) TOWN 0F '39tJ 'rHOLD Legena AVE.