HomeMy WebLinkAbout2795 TOW~ OF SOUTHOLD, NEW YORK
ACTION OF THE ZONinG BOAKD OF APPEALS
Appeal No. 2795 Application Dated March 4, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mrs. Mary H. Lockwood
Mrs. Elizabeth T. Albertson
Appellant
at a meeting of the Zoning Board of Appeals on April 2, 19 81
was considered and the action indicated below was ~aken 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 /~'t. III, Sec.
( )
100-31
the appeal
1. ~a~`~1~:~:~e~N.XI~X~j~(~9~txy~`~c~rvn~z~`J~~pti~n ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
c0n~irmed because Public Hearing: April 2, 1981: Application of Mary H.
Lockwood, 465 Old Harbor Road, New Suffolk, NY (by Mrs. Elizabeth T.
Albertson) for a Variance to the Zoning Ordinance, Art. III, Section
100-31 for approval of insufficient area, depth and/or rearyard of
parcel located at Old Harbor Road, New Suffolk, NY; bounded north by
Benbow and Given; east by Cutchogue Harbor; south by Whelan and
Mason; west by Old Harbor Road; County Tax Map Item No. 1000-117-3-
5 and 6.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
(SEE REVERSE SIDE)
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 SIDE)
(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 SIDE)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
CG: lk ZONING BOARD OF APPEALS
FORM ZB4
The Board finds and determines as follows:
By this Appeal, Appellant seeks a variance for approval of
insufficient area of 17,347 square feet and an insufficient mini-
mum depth of 78.93 feet of a parcel of land to be set off from
a total area of premises containing 3.4 acres, more or less,
located at the east side of Old Harbor Road, New Suffolk.
Erected on the total premises are a one-family house with
accessory building (which would be retained on the substandard~
parcel), and large one-family dwelling with two accessory
buildings in the frontyard area. The entire premises are
shown to be in the sole name of Mary H. Lockwood as shown
on survey mapped March 6, 1981 of Roderick Van Tuyl, P.C.
The proposed substandard parcel was conveyed to Mary H. Lock-
wood on August 20, 1956; and the proposed remaining 2.8-acre
parcel was conveyed to Mary H. Lockwood on November 4, 1961.
Section 100-31, Bulk Schedule of the Code requires 40,000
square feet in area and 175 feet in depth, for residentially
zoned property. The Board finds and determines that the relief
requested in relation to the Code requirements is substantial;
that if the relief is granted detriment to adjoining properties
may be created; that a change will be produced in the character
of the neighborhood; that the circumstances present in this
case are not unique; that strict application of the ordinance
would not produce unnecessary hardship; and that the interests
of justice will be served by denying the variance applied for.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Mary H. Lockwood be denied without prejudice
the relief requested in Appeal No. 2795.
Location of property: East side of Old Harbor Road, Cutchogue,
NY; ~bounded north by Benbow and Given; east by Cutchogue Harbor;
south by Whelan and Mason; west by Old Harbor Road; County Tax Map
Item No. 1000-117-3-5 and 6.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
RECEIVED AND FILED BY
THE SOUT}iOLD TOWN C[.F.~K
Town Clerk, To-~rn of S~thold
APPROVED
~hairrnan Board of~j'AppeaLs
Today' s Date:
iV~embers Absent~ if any:
Appeal No.
Agenda Item/Matter of:
Type of Variance or Appeal:
GCrharles
lgoms
Resolution made by: ( )
Seco n ded by: , ( ~/)'
Acti'"~ 2 I"Y,
~n: ) Approve as applied for-
) Deny as applied for
) Deny
!/)' Deny without prejudice
) Withdrawn without
Prejudice
)
I
er e Robart .~ Gerard ~Ioseph.
~o~n Dou.gr~s ~oenrlnger bawlcK1
( )(~ ( ) ( )
( ) ( ) ( ) ( )
( ) Approve with the following conditions:
( ) Subject to County Plannin9 referral
( ) Subject to Planning Board approval
( ) Subject to D.E.C. regulations ( ) Other:
-:~,iL,. / :~.: ~ '-~' '?,-"'..~.'~ '~ ';~ .... ~'":/-; :7' ?t-
Findings of the Board are as follows:
..Not Within the Character of the Neighborhood
Variance is Substantial in Relation to Code
~ Hardship not
Hardship ~ Not Unique
Will set a precedent in the neighborhood
Area is already very congested
Interests of justice served by denying
Other:
) Granting the Relief Requested is within
spirit of the zoning code
) Relief is not substmntial
) Burden of hardship or difficulty shown
and is unique
) Variance will not change character of
the neighborhood
) Interests of Justice served by granting
)
Vote of the Board: Ayes: (~.) CG ( 9~D ( ~)' RD ( b)"~G ~f/JS
Nay:' ( ) ( ) ( ) ( ) ( )
Abstain: ( ) ( ) ( ) ( ) ( )
Absent: ( ) .( ) ( ) ( ) ( )
Notes:
Southold Town Board
Appeals -8-
2, 1981
(Mrs. Smith continued:)
people who farmed the area started using that. Personally, I never
used it, and you could of course, it's there. But we go in and out
upon the road that we're supposed to. And it came into being because
the people who owned the land started to--
MR. CHAIRMAN: That's .not .the parcel we're talking about.
Do you have a sketch down there, Bob?
MEMBER GOEHRINGER: We're talking about the dog leg.
MEMBER DOUGLASS: Pan handle.
MR. CHAIRMAN: What becomes of this?
MR. GILLISPIE: Well this section here goes with this lot.
This lot goes with this. This lot would have a right-of-way over
the property.
MEMBER GOEHRINGER: So you will need access for both lots~
but basically this is the lot with the right-of-way. This line
is somewhat confusing.
MR. GILLISPIE: Apparently a legal right-of-way was set up
years ago, 30, 40 years ago, so I think it has to be shown.
MR. CHAIRMAN: Thank you.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Hope Prior Smith in Appeal No. 2790.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
PUBLIC HEARING: Appeal No. 2795. Application of Mary H.
Lockwood, 465 Old Harbor Road, New Suffolk, NY (by Mrs. Elizabeth T.
Albertson) for a Variance to the Zoning Ordinance, Art. III, Section
100-31 for approval of insufficient area, depth and/or rearyard of
parcel located at Old Harbor Road, New Suffolk, NY; bounded north by
Benbow and Given; east by Cutchogue Harbor; south by Whelan and Mason;
west by Old Harbor Road; County Tax Map Item No. 1000-117-3-5 and 6.
The Chairman opened the hearing at 8:20 p.m. by reading
the appeal application and related documents, legal notice of
hearing and affidavits attesting to its publication in both the
local and official newspapers, Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that notifica-
tion to adjoining property owners was made; fee paid $15.00.
Southold Town Board of Appeals -9= April 2, 1981
MR. CHAIRMAN: We have a survey showing the property and
County Tax Map showing this and %he surrounding properties. Is
there anyone wishing to speak for this application? Would you give
your name please?
JOHN H. LOCKWOOD: My name is John H. Lockwood; I'm under
power of attorney for my mother, Mary H. Lockwood, and we're simply
going to put a driveway up that 45-foot strip of property as shown
on the survey. The driveway is there now. And that will be the
driveway for the little lot. The big house will also use that
driveway, that particular section of it. Nothing will be changed.
There will be no physical change whatsoever.
MR. CHAIRMAN: That's 45-
MR. LOCKWOOD: That's a driveway now.
MR. CHAIRMAN: Right. Any of you fellows have any questions
while Mr. Lockwood is on the floor? Thank you, Mr. Lockwood.
Anyone else to speak for this? Anyone to speak against it? (Negative)
Mr. Lockwood, is there some problem that you couldn't add more area
to that lot to make it conform a little more to the zoning code?
MR. LOCKWOOD: That one small lot there has the second oldest
house in New Suffolk, and that was the lot that was bought about in
1946, has a house on that, and those were always on the Tax Map as
two separate lots. The big lot goes straight on through. The reason
we're going to do this is that we're going to sell the big house, and
that driveway, if we did, if we sold the whole thing we would have no
way to get our car in the one single-car garage in the little house,
because that lot is quite small and the drive is already there.
MEMBER DOUGLASS: I don't think you quite understood what he
meant. What he means is, can you not add, you have better than two
acres of land in the big parcel--
MR. LOCKWOOD: 2.8 in the big parcel.
MEMBER DOUGLASS: Can you not take more of that land and add
to this to bring this up to standard?
MR. LOCKWOOD: Bring this up to a full acre when you say
standard, is that what you mean, a full acre?
MR. CHAIRMAN: 40,000.
MEMBER DOUGLASS: 40,000, a contractor's acre.
MR. CHAIRMAN: It's not an actual acre but they call it an acre.
Building acre.
MEMBER DOUGLASS: By running the line across, changing your
driveway up to your big house and extend your property on across
Southold Town Board~
Appeals
2, 1981
(Member Douglass continued:)
somewhat there so that it clears your three-car garage but still
gives, so that your driveway could go up by your three-car garage
there.
MR. LOCKWOOD: I think the very simple reason we wouldn't
want to do that is, when you're asking $500,000 for the big house
and you have buyers interested, if you take that whole lower sec-
tion and give it to the little house, and thereby getting no
access On the road, you have to go pretty far to get the required
acreage on the little house there, that-- and there was no need
for it, that's why we didn't do it. All we wanted was a driveway
there to get to the little house.
MR. CHAIRMAN: Do you own that building next to the little
old house?
MR. LOCKWOOD: The garage.
MR. CHAIRMAN: Right.
MR. LOCKWOOD: The little garage. The big building is on
Benbow's.
MR. CHAIRMAN: That's what I was wondering.
MEMBER DOUGLASS: His lot runs up along those telephone poles?
MR. LOCKWOOD: The telephone poles are on our property, and
I think Benbow is two feet east of those, yes.
MR. CHAIRMAN: Would it create a problem if you just extended--
well that's the driveway right now-- Could you come up here please?
MEMBER DOUGLASS: This is his driveway now. He can come back
here and come over to here somewhere (from the north property line
towards the south for more area).
MR. CHAIRMAN: Right now they have a right-of-way over this
to go to this property.
MR. LOCKWOOD: Right.
more,
over
MR. CHAIRMAN: So if you could extend this up here a little
it would add to this lot and you would still have a right-of,way
it.
MEMBER DOUGLASS: Yeah, but the right-of-way takes away from
the lot. A right-of-way does not consist of area that goes with a
lot. Access doesn't count in the acreage of a lOt.
MR. CHAIRMAN: I think we figured it in the other day--but
it was a mistake, I guess.
Southold Town Board of Appeals -11- April 2, 1981
MEMBER DOUGLASS: It's in here, yeah. But at the time we
talked, if he could move the driveway over here somewhere and give
us a little bit more in here.
MR. LOCKWOOD: That would kill the sale of the big house.
It would lock these fellows off--they'd see they're down here and
maybe end up with 50 feet or so on the road instead of --
(Microphone was knocked to the floor and remainder of statement
not picked up.) And that we wanted to be able to get in that
garage, that was the reason we're doing this.
~EMBER DOUGLASS: Well,
coming over 45 feet, and this
along here.
you're coming over to here, you're
is the telephone pole running right
MR. LOCKWOOD: You want to make this lot bigger?
MEMBER GOEHRINGER: Yes. Do you understand the reason why?
MR. LOCKWOOD: No.
MEMBER GOEHRINGER: Ok. These parcels of property are
actually merged as they stand right now.
MR. LOCKWOOD: They're not merged on the Tax Map though.
Two separate tax bills.
MEMBER GOEHRINGER: In the same name though?
MR.LOCKWOOD: Yes.
~MEMBER GOEHRINGER. Ok, so it's merged property.
MEMBER DOUGLASS: One piece.
MEMBER GOEHRINGER. Ok, now in effect what you're doing is
subdividing a lot, creating a lot that's less than 40,000 square
feet and that's the reason why we're asking you to consider putting
more area into the lot.
MEMBER DOUGLASS: If you want to come up this way--
MEMBER GOEHRINGER: That's basically what the disapproval
says from the Building Inspector.
MEMBER DOUGLASS: And shove your right-of-way outside of it--
MR. CHAIRMAN: You know what the Planning Board says--
MEMBER DOUGLASS: Thank you.
MR. CHAIRMAN: Is there anyone that would like to say anything
about this? (Negative) I'll offer a resolution-- is there anyone
here-- I don't remember, is there anyone to speak against this? (Negative)
Southold Town Board~
Appeals -12-
2, 1981
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Mary H. Lockwood in Appeal No. 2795.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
PUBLIC HEARING: Appeal No. 2796. Application of Peconic
Corporation, c/o Norris Grain Co., P.O. Box 1058, Ocala, FL 32670
(by Abigail A. Wickham, Esq.) for a Variance to the Zoning Ordi-
nance, Art. III, Sec. 100-30 and 100-31 for permission to convert
existing barn containing a one-family dwelling by adding a second
dwelling (apartment) on second floor. Location of property:
South side of New Suffolk Avenue, Mattituck; bounded north by New
Suffolk Avenue; east by Wickham and Bagshaw; south by Bay; west
by Smith, Haberman and Camp Mineola Road; County Tax Map Item
No. 1000-115-9-4.
' The Chairman opened the hearing at 8:35 p.m. by reading
the appeal application and related documents, legal notice of
hearing and affidavits attesting to its publication in both the
local and official newspapers, Notice of Disapproval from the
Building Inspector, and letter from the Town Clerk that notifica-
tion to adjoining property owners was made; fee paid $15.00.
MR. CHAIRMAN: We have a survey of the property with the
building and a section of the County Tax Map showing this property
and the surrounding properties. Mrs. Wickham, do you have anything
you would like to add?
ABIGAIL A. WICKHAM, ESQ.: I would like to make just a few
statements to the Board. First of all, discussing the building which
is the subject of this application is what they call the "carriage
house" or barn. It now contains on the ground floor an open garage
or barn space and an office and one bathroom. One the second floor
there is a three-bedroom apartment, and I,d like to correct the
application which indicated it was a one-bedroom apartment. Three
bedrooms containing one kitchen and one bath, and I understand this
has been there since the 1920's. It's certainly a preexisting use,
and has been occupied and used by the Norris Family and their guests
and occasionally by their captain or their employees throughout the
years. The Norrises~would like to renovate and make this three-bed-
room apartment into one one-bedroom apartment and one two-bedroom
apartment so that the number of the bedrooms would not change. You
would just be making the living space upstairs a little more con-
venient for guests or family or if necessary for employees, rather
than having three people- three bedrooms in one apartment. It
would provide for a better layout. I'm told that the existing
apartment is quite nice with the old wood and wainscotting and
whatnot, and that the expansion would continue in that nature.
Southold Town Boa of Appeals -52- Ap 2, 1981
RESERVED DECISION: Appeal No. 2795. Application of Mary H.
Lockwood, 465 Old Harbor Road, New Suffolk, NY (by Mrs. Elizabeth T.
Albertson) for a Variance to the Zoning Ordinance, Art. III, Section
100-31 for approval of insufficient area, depth and/or rearyard of
parcel located at Old Harbor Road, New Suffolk, NY; bounded north by
Benbow and Given; east by Cutchogue Harbor; south by Whelan and
Mason; west by Old Harbor Road; County Tax Map Item No. 1000-117-3-
5 and 6.
The Board finds and determines as follows:
By this Appeal, Appellant seeks a variance for approval of
insufficient area of 17,347 square feet and an insufficient mini-
mum depth of 78.93 feet of a parcel of land to be set off from
a total area of premises containing 3.4 acres, more or less,
located at the east side of Old Harbor Road, New Suffolk.
Erected on the total premises are a one-family house with
accessory building (which would be retained on the substandard
parcel), and large one-family dwelling with two accessory
buildings in the frontyard area. The entire premises are
shown to be in the sole name of Mary H. Lockwood as shown
on survey mapped March 6, 1981 of Roderick Van Tuyl, P.C.
The proposed substandard parcel was conveyed to Mary H. Lock-
wood on August 20, 1956; and the proposed remaining 2.8 acre
parcel was conveyed to Mary H. Lockwood on November 4, 1961.
Section 100-31, Bulk Schedule of the Code requires 40,000
square feet in area and 175 feet in depth, for residentially
zoned property. The Board finds and determines that the relief
requested in relation to the Code requirements is substantial;
that if the relief is granted detriment to adjoining properties
may be created; that a change will be produced in the character
of the neighborhood; that the circumstances present in this
case are not unique; that strict application of the ordinance
would not produce unnecessary hardship; and that the interests
of justice will be served by denying the variance applied for.
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Mary H. Lockwood be denied without prejudice
the relief requested in Appeal No. 2795.
Location of property: East side of Old Harbor Road, Cutchogue,
NY; bounded north by Benbow and Given; east by Cutchogue Harbor;
south by Whelan and Mason; west by Old Harbor Road; County Tax Map
Item No. 1000-117-3-5 and 6.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
William F. Mullen, Jr.
Southold, N.Y. 11971
March 23, 1981
TELEPHONE
765-1938
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The matter of the variance for the creation of a substandard
lot having an existing dwelling for property owned by Mary H.
Lockwood located at New Suffolk was requested to be reviewed by
your board.
It was the consensus of the members present that if the
Zoning Board of Appeals grants the variance for the undersized
lot that in accordance with Section A106-13A of the Code of the
Town of Southold Subdivision of Land Regulations that this does
not constitute a subdivision and is to be considered a setoff of
land.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Southold Town Board of Appeals
MAIN R[3AD- STATE ROAD 25 Sr'tUTHnLD. L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, ..IR.
TERN',' TL;T:::LL
ROBERT ,J. DOUGLASS
GERARD P, GOEHRINGER
Joseph H. Sawicki
March 16, 1981
Mr. Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Lockwood, Mary H.
Appeal No. 2795
Dear Mr. Raynor:
Recently the subject appeal was filed for a variance to permit
the creation of a substandard lot having an existing dwelling
located on the east side of Old Harbor Road, New Suffolk, New York.
Pursuant to Chapter A106-13 of the Town Code, please provide us
with your decision regarding this matter. Also, if it is your deci-
sion that this proposal would require processing as a new subdivision,
please advise as to whether or not you approve of the project as
laid out herein.
Yours very truly,
CG:lk
Enclosure
CHARLES GRIGONIS, JR.
CHAIRMAN
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN. pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
the fiallowing matters will be
held for public hearings by the
Southold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
NY on Thursday, April 2,
198t.
7:35 p.m. Applic~ton of
Patricia Wood, being dufy sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............. ~ ......................... weeks
successively, commencing on the ....... ~..c~,.. .......................
dTf' :'"'~~_~ '~-- .......................... (,, ,,2 19..~.'..~. ~,~.__
Sworn to before me this ..-~....f~. ......... day of
......... ......... ,
James V. Righter (for. F'-Ish~r~ ' :'ROad~ Southold; bounded
Island Development CorP.), 58 no,th and .east. by- DeFriest,
Winter~..S.t..r.e.,et~.~o~ I~ naxte~,, sout~by 9ay, east
NeCk Road, So~tbold, NY (by McKeon. County Tax Map
R.W. Gillispie ~lll as agent) for Item No. 1000-111-1-35.
a Variance to~ (a) New York 9:45 p.m. Application of
Town Law Sc~ction 280-A for Margaret McGowan, 17 Abet-
approval of access, and (b) the deen Street, Malvern, NY (by
Zoning Ordinance, Art. III,
Sec. 100-31 for apprgval of
insufficient road frontage of
two proposed parcels located
on the north side of Pine Neck
Road, Southold; bounded
north by Jockey Creek and
Lademann, east by Width,
south by Kowalski, Pine Neck
Road and Kohl, west by
Lademann and Kowalski;
County Tax Map hem No.
1000-70-S-31.
.-8:20 ~.m. Application of
Mary H. Lockwood~ 46S Old
Harbor Road.-N~w S.ffnlk. NY
for a Variance to the Zoning
area, depth and/or rearyard of
oarcel located at Old Harbor
Road, New Suffolk; bounded
Gary F. Olsen, Esq.) for a
Variance to the Zoning Ordin-
ance, Art. IH, Sec. 100-31 for
approval of the insufficient
area and width of two parcels
due to the relocation of lot
lines. Location of property:
R.O-W south of Great Peconic
Bay Boulevard, Laurel; bound-
ed north by Connelly, east by
Sweeney, Ross, and private
right-of-way, south by John-
ston, Mormile, west by Alex-
ander. County Tax Map Item
Nos. 1000-128-4-11 and 14.
Dated: March 12, 1981.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
Chairman
IT, 3/19/81 (3)
~lap
, of
ter-
*NY
;the
III,
~.to
~th
~f
I~-
;~q,
nqa
t.x~l
lalIe
al~od
,C°unty Tax Map hem No.
.~1000-117-3-5- and 6. ,,,
8:30 p.m. Application of
Peconic Corporation, e/o Nor-
ris Grain Co., P.O. Box 1058,
Ocala, FL 32670 (by Abigail A.
Wickhan, Esq.) for a Variance
to the Zoning Ordinance, Art.
Ill, Sec. I00-30 and 100-31 for
LEGAL NOTICE
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to ~%ction
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southold,
the following matters will be
held for public hearings by the
Soathold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
NY on Thursday, April 2, 19gl:
7:35 p.m. Aoolication of
James V. Righter (for Fishers.
Island Development Corp.), 58
Winter Street, Boston, MA
02108 for a Special Exception
to the Zoning Ordinance~ Art.
III, Sec. 100-30B(8) for permis-
sion to create additional em-
ployee housing on second floor
of Beach Club to match the
existing housing on the west
end of club, (also known as
labor camp), to be located on
the south road to the East End
of Fishers Island, more par-
ticularly designated as County
Tax Map Item Nos. 1000-5-2-
7~3, 1000-4-4-12, 1000-1-1-3.6,
1000-4-6-9.
7:50 p.m. Application of
David L. Mudd, North Road,
Southold, NY for a Variance to
the Zoning Ordinance~ Art. II1,
Sec. 100-30A(2)[d] to con-
struct far~ tool shed with
insufficient rear and side yard
setbacks at property located
on the North Side of C.R. 48,
insufficient read frontage of
two proposed parcels located
on the north side of Pine Neck
Road, Southold; bounded
north by Jockey Creek and
Lademann, east by Width,
south by Kowalski, Pine Neck
Read and Kohl, west by Lade-
mann and Kowalski; County
Tax Map Item No. 1000-70-5-31.
8:20 p.m. Appbcation of
~FY H. Locl~wooo. ,~,a
Harbor Road. New Suffolk.
NY for a Variance to the,
Zonmg Ordinance Art. Ill ,
:~ec. ~00-Sl tot approval
msumclent area depth and/
Old Harbor Road, New Suf-
09TM ~nu Lhven. east bv Cut-
cho~ue Harbor. south by Whe-
lan and Mason~ west Dy ulu~
i Harbor Road; County Tax
8:30 p.m7 Application of
Peeonie Corporation, e/o Nor-
ris Grain Co., P.O. Box 1058,
SUFFOLK, I
EW YORK, ?ss:
Walker
.......................... being duly Sworn,
.e.. · is Printer and Publisher of the SUFFOLK
'ES, a newspaper published at Greenport, in said
,at the notice, of which the annexed is u printed
a published in the ~aid Suffolk Weekly Times
reek, tot . o.n.~ ........................ weeks
)mmencing on the ..... .].q.~..h ................
....................
dwelling by adding a second
dwelling (apartment) on sec-
ond floor. Location of proper-
ty: South side of New Suffolk
Avenue, Mattituck; bounded
north by New Suffolk Avenue,
east by Wickham and Bag-
shaw, south by Bay, west by
Sn~!!h,..IJ_aberm. an and Camp
HtLEN K DF VOE
NOIARY fI~BLIC State of New York
No 4707828. Su!!ol%
Term Expll!}s March 30, Ig~,D
Ocala, FL 32670 (by Abigail A. ] 9 th
Wickham) for a Variance to re me this ...........
the Zoning Ordinance, Art. III, ~[ar ch 19.
See. 100-30 and 100-31 for per .............
I
mission to convert existing
barn containing a one-family ........................... .~'. ...........
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to
Law and the Provisions of the Amended Code
the following matters will be held for public
Southold Town Board of Appeals
Road, Southold, NY on Thursday,
Section 267 of the Town
of the Town of Southold,
hearings by the
at the Southold Town Hall, Main
April 2, 1981:
7:35 p.m. Application of James V. Righter (for Fishers
Island Development Corp.), 58 Winter Street, Boston, MA 02108
for a Special Exception to the Zoning Ordinance, Art. III, Sec.
100-30B(8) for permission to create additional employee housing
on second floor of Beach Club to match the existing housing on
the west end of club, (also known as labor camp), to be located
on the south road to the East End of Fishers Island, more parti-
cularly designated as County Tax Map Item Nos. 1000-5-2-7.3,
1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9.
7:50 p.m. Application of David L. Mudd, North Road,
Southold, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. lO0-30A(2)[d] to construct farm tool shed with insufficient
rear and side yard setbacks at property located on the North
Side of C.R. 48, Southold; bounded north by Lieblein, east by
Aliano, Latham and Morris, south by C.R. 48, west by Doroski;
County Tax Map Item No. 1000-59-9-28.
8:00 p.m. Application of Dolores Strong, Box 1033, Matti-
tuck, NY for a Variance to the Zoning Ordinance, Art. VI, Sec.
100-61, 100-60C, Art. II, Sec. 100-23 for permission to construct
fence in the side,"rear and/or front yard areas at 11455 Main Road,
Mattituck; bounded north by Van Ryswyk and O'Neil, east by Mileska,
south by S.R. 25 (Main Road),west by Burgon; County Tax Map Item
No. 1000-142-2-17.
Legal Notice of Hearings
'Page 2
Board of Appeals April
2, 1981 Meeting Adv.
8:10 p.m. Application of Hope Prior Smith, 655 Pine Neck
Road, Southold, NY (by R.W. Gillispie, III as agent) for a
Variance to: (a) New York Town Law Section 280-A for approval
of access, and (b) the Zoning Ordinance, Art. III, Sec. 100-31
for approval of insufficient road frontage of two proposed par-
cels located on the north side of Pine Neck Road, Southold;
bounded north by Jockey Creek and Lademann, east by Width, south
by Kowalski, Pine Neck Road and Kohl, west by Lademann and
Kowalski; County Tax Map Item No. 1000-70-5-31.
8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor
Road, New Suffolk, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area, depth
and/or rearyard of parcel located at Old Harbor Road, New Suffolk;
bounded north by Benbow and Given, east by Cutchogue Harbor, south
by Whelan and Mason, west by Old Harbor Road; County Tax Map Item
No. 1000-117-3-5 and 6.
8:30 p.m. Application of Peconic Corporation, c/o Norris
Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham,
Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec.
100-30 and 100-31 for permission to convert existing barn containing
a one-family dwelling by adding a second dwelling (apartment) on
second floor. Location of property: South side of New Suffolk
Avenue, Mattituck; bounded north by New Suffolk Avenue, east by
Wickham and Bagshaw, south by Bay, west by Smith, Haberman and
Camp Mineola Road;. County Tax Map Item No. 1000-115-9-4.
8:45 p.m. Application of George L. Penny, Inc., 12585 Sound
Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance
'Legal Notice of Hearings
Page 3
Board of Appeals - April
2, 1981 Meeting Adv.
Art. VIII, Sec. 100-80B(3) for permission to construct storage
building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded
north by Penny, east by North Fork Oil Heat, south by Sound
Ave. and L.I.R.R., west by Parrish; County Tax Map Item No.
1000-141-3-37 and 38.
8:50 p.m. Application of George L. Penny, Inc., 12585
Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordi-
nance, Art. VIII, Sec. 100-81 for permission to construct
storage building in a C-Zone with insufficient rear and side
yard areas at 12585 Sound Avenue, Mattituck; bounded north by
Penny, east by North Fork Oil Heat, south by Sound Ave. and
L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 & 38.
8:55 p.m. Application of David I. DeFriest, Main Road,
Southold, NY (by Irving L. Price, Jr., Esq.) for a Special
Exception to the Zoning Ordinance, Art. III, Sec. lO0-30B(1)
for permission to change use of existing dwelling from one-family
to two-family dwelling use at 51320 Main Road, Southold; bounded
north and east by DeFriest, south by Jankowski, west by Main Road;
County Tax Map Item No. 1000-70-2-4.
9:05 p.m. Application of Victor E. Catalano, 22 Canter-
bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 for permission to build a
one-story garage with insufficient front and side yard setbacks
Peconic Bay Boulevard, Laurel; bounded north
Peconic Bay Blvd., east by Keller, south by Bay,
County Tax Map Item No. 1000-128-6-13.2.
at the south side Of
by Catalano and
west by Pridgen;
9:15 p.m. Application of Rose Dansker, 300 East 56th
Street, Apt. M. New York, NY 10022 (by Gary Flanner Olsen, Esq.)
£egal Notice of Hearings
Page 4
Board of Appeals - Apr. 2,
1981 Regular Meeting
for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31
for approval of insufficient area and width of two proposed
parcels located at Wells Road, Peconic, NY; bounded north by
Wells Road, west by Groben, south by Richmond Creek, east by
Krueger. County Tax Map Item No. 1000-86-2-10 & 11.
9:30 p.m. Application of Kenneth Brower, by William
S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for
a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for
permission to construct garage with an insufficient sideyard
setback at 495 Fisherman's Beach Road, Cutchogue; bounded
north by Fisherman Beach Road, west by Baxter, south by Bay,
east by McKeon. County Tax Map Item No. 1000-111-1-35.
9:45 p.m. Application of Margaret McGowan, 17 Aberdeen
Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to
the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the
insufficient area and width of two parcels due to the relocation
of lot lines. Location of property: R-O-W south of Great Peconic
Bay Boulevard, Laurel; bounded north by Connelly, east by Sweeney,
Ross, and private right-of-way, south by Johnston, Mormile, west
by Alexander. County Tax Map Item Nos. 1000-128-4-11 and 14.
Dated: March 12, 1981.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers:
Please publish once, to wit, Thursday, March 19, 1981 and forward
13 affidavits of publication to: Board of Appeals, Town Hall,
Main Road, Southold, NY 11971.
Copies to:
Suffolk Times Monday, 3/16/81 p.m.
L.I. Traveler Tues., 3/17/81 a.m.
Bulletin Board 3/17/81
3/17/81 to:
Mr. James V. Righter
Mr. David L. Mudd
Mrs. Dolores Strong
R.W. Gillispie, III
Mrs. Hope Prior Smith
Mrs. Hary H. Lockwood
Peconic Corporation c/o Norris Grain Co.
George L. Penny, Inc., Box 57, Greenport
Mr. David I. DeFriest
Irving L. Price, Jr., Esq.
Mr. Victor E. Catatano
Mrs. Rose Dansker
Gary Flanner Olsen, Esq.
Mr. William S. Midgley, Jr. for K. Brower
Mrs. Margaret McGowan
Supervisor
Town Board members
Planning Board
K
JUDITH T. TERRY ·
To:
Southold, L.l.,N.Y. 11971
March 4, 1981
Southold Town Zoning Board of Appeals
TELEPHONE
(516) 765-1801
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Appeal No. 2795, application of Mary H.
Lockwood for a variance. Also enclosed is Short Environmental
Assessment Form, Notice of Disapproval from the Building Depart-
ment, survey of t~e property, Notice to the following adjoining
property owners: Douglas F. Whalen, Mary H. Beublow, 'Elizabeth
Whelan, Flora B. Mason, James B. Given III.
FOILM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................. Date ........................................................ ,
PLEASE TAKE NOTICE that your application dated ................................ ..~....~...~........~..., 19...~../(.
for permit to ~ ........................................~ premises located at ....................................
Map ....................... ---"-. ............ Block ............................................ Lot ................................................ is
Building Ins~pector
BOx I39
Ne~ Suffolk~ Ne~ York 11956
March 3, 1981
Mr. George H. Fisher
Southold Town Building Inspector.
Main Road
Southold, New York 11971
Re: Mary H, Lockwood property,
Old Harbor Road, New Suffolk, New York
Dear Mr. Fisher:
I would like to subdivide the property as shown on the
attached drawing.
Encl.
c~truly yours
H. Lockwood
i
,'fl
SHORT ~IRONNiENTAL'ASSESS}JENT FORI4
NST aCT O IS:" ' ·
------ (o) In' order to ons¥~er the questions in this short EAF it is assumed
that the preparer ¥~ill use. currently available informat£on concerning the
project and the likely impacts of the action. I1 is not expected that
additional studies, research or other investigations ~,iiii be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) If all questions have been cns~/ered No it is likely that this
project is not significant. ... . '..
(d) E~vironmental Assessment ..
~. WiLl project result in a large physical change
to the project'site Or physically alter more
than 10 acres of land? .........................
~. Will there'be a major change to any unique or
-unusual land form ~ound on the site? .......... . Yes~'N~
3. Will project alter or have a large'effect'on .
existing body of watery .......................
4. ~'/ill project hove o potentially large impact
on ground%~ater quality? ....................... Yes. o
5. Y/ill project significantly effect dro~no.ge
flay! on adjacent sites? ..................... ~-o Yes,~/, q
6. %'1ill project affect any threatened or
endangered plant or animal species? ..........., Yes
7. %'fill project result in o major adverse effebt .
on air quality? .............. - ................. , Yes, o
8. %';ill project hove a major effect on visual
character of the community or scenic views or.
vistas known to:be important to the community? 'Yes,~/No
~. %'~ill project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental area
by o local agency? ..... ~, Yes ~/No
10. %~ill project have a major effect on ex$stihg
or future recreotlonol opportunities? ......... Yes. ~/No,,
11. %?ill project result in.major traffic problems
o~ cause a major effect to ex-isling
transportation systems? ....................... Yes u/No
12. %'1ill project :regularly cause objectionable
odorsz noise, glare, vibration, or electrical
of the pr ject'
disturbance os o result o s .
Yes/No
operation? ..................................... , ,
13. %'~ill'project have any impac~ on public health
or.safety? .................................... Yes, ~/No
14. %?ill p~oject altec% ~he existing community by
directly causing o growth in permanent
" population of more than 5 percegt over o one
year period or hove o major negative effect
on the character of the community or
Yes
15. Is there public contr~; ' '
project? ...................................... _ Yes ~/N°
DATE
(Today's Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ]
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerely yours,
(~ ~' ,, ..~ ~
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. '~'
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, ........ ................... ..........
Name of Appellant Street and Nurnl~t
.................... ~;,i~il;;iii'¢ ........................................... &:~.:.!.Ct.r~...E~£8¥S~ate ^~'~,L TO
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ~' DATED b~ .~.~ ~.~ ~'/
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ....U~.~(4~..~..,~../J.~-~..~......~...,......,~:~-~,~
Street Use DistridJgon Zoning Mop
..j.O..C~..o..=.!..~..=..~.....s.:~...~ ..............................
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.)
~£T ~ loo~ ~t
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 (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 that ' ~(-~
~'orm ~.B! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce prac~tical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shored 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 ~'~ j~ ~ ~ ~ ~ ~,~?,4-c~.~z.~.
) ss .....
COUNTY O ) u ='gi' ~ ............
Sworn to this L/~ day of ......................... 19~'/
JUDITH T. TERRY
Notary Public, State of New York
No. 52-03~4CZ3 Suffolk County,/
Commissiqn Expires March 30~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of the Town 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 Town of Southold
to request a (Variance) (S~n) (S~LPermix'3~-~he following relief:
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: lO
3. That the property which is t~e subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~Z~-~0L~ ~.4~g~
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: /:~/~
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, Southold, New York and you may 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.
/ Pet'~er
Post Office Address
IOTICE
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
/) ~ J~' ~/- /~ ~ 7/ , being duly sworn, deposes and says that on the ~/ day
of 'V~ ~ C~. ' , t9 ~ , 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 respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the currer~t ass~es~men~t .roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ~ ~ ~ , L~ ; that said Notices were mailed to each of said persons by
(certified) (4~al~) mail.
Sworn to before me this q
dayof ~,1 ~L~ ~ -~ 1~- J~/
Notary Public
JUDITH T. TERRY
Notary p,~, ,~., State oF New York
No..~20~, ........ o,,~ County
Commission
Exp:rcs March 30, lg.~Y/
-Z
./
9
I.IA lc) 8
MATCH
SEE
2.0A[c)
SEC NO I10
LINE
FOR PARCEL "lO
SEE SEC. NO. IlO
~08-034
2.8A
370
J8. l
4j A(c)
4OO
4
8
3.4 A (. c'l -
2g
~ .4A( C'i
,0.7
School
Ct/TCHO
2O
AVE.
8
3O
$?z'
5
16
1.6Atcl
6
tS
t9
/II
9
2.0A( ~
~ 'TI °~'.~0"~-
0
U
Board of appeals
To~vn of Sontbolr]
New