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Southold Town Board o als
HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1~1:371
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3277
Application ~ated July 3], ]984
TO: Mrs. Marie J. Patterson
12 Turnwood Court
Hempstead, ~NY 11550
(Public Hearings
11/15/84 and 1/10/85)
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on January 24, ]985
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Ar~icle III , Section ]00-3], Bulk Schedule
~ [ ]' Red, est for
Application of MARIE J. PATTERSON, 12 Turnwood Ct., Hempstead~
for a Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of ~nsufficient area (and width) of two
parcels in this proposed division of land located at the South Side
of Peconic Bay 5oulevard, Laurel, NY; County Tax Map Parcel No.
1000-128-02-17.
NY
The board made the following findings and determination:
This is an appeal from Article III, Section lO0-31, Bulk Schedule
of the Zoning Ordinance for approval of insufficient area (and width)
of two proposed parcels: (a) Parcel 1 propcsed with an area of 23,171
sq. ft. and lot width of 85 feet [exclusive of 15' right-of-way] and
(b) Parcel 1 proposed with an area of 22,700 sq. ft. Existing on
proposed Parcel 2, the southerly parcel are a two-story, one-family
dwelling and accessory storagergarage structure which is located in
the "frontyard" area. Parcel 2 fronts along Peconic Bay approxi-
matel.y 101 feet and is bulkheaded. Parcel No. 1 is vacant.
'The board members have personally visited the site in question
and are familiar with the character~ of the residential neighborhood.
Abutting the subject premises on the west are improved lots of
approximately 1'0,000 sq- ft. in area. Abutting the subject premises
on the east are lots of approximately 15,000 sg. ft. in area.
The board members ha~e taken a~l '%estimon~ in behalf and in
opposition at the public hearings, which were held on November 15,
1984 and January 10~ 1985, in rendering this determination.
The board ha~ fo-und as follows: (1). that this proposal
would not be out of character of the neighborhood since there are
lots improved with one-family dwellings substantially smaller than
%hat proposed here~n; (2)_no adverse effects will ~e prQduced on
available governmental facilities of any increased population since
this Is a request for one additional building lot; (3) that the
circumstances of this appeal are unique since the applicant's
(CONTINUED ON PAGE TWO)
DATED: January 29, 1985.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3277
Matter of MARIE J. PATTERSON
Decision Rendered January 24,
1985
property is surrounded by lots substantially smaller; (4) the
relief requested will be in harmony with the purposes of zonin§
and precedents set by the courts; (5) that the interests of justice
wi!! be served by allowing the variance, by reason of the fore§oing.
Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doug-
]ass~ it was
RESOLVED, that.Appeal No. 3277, in the Matter of MARIE PATTER-
SON BE AND HEREBY IS GRANTED THE FO[LD~NG RELIEF:
1. Lot No. '1 shall contain'~'n'area of not less than 25,000
sq. ft. in area (inclusive of the right~of-way area), and Lot No. 2
shall be adjusted accordingly similar to the plan surveyed August 16
1982, amended June ll, 1984L
2. There be no setback reductions for new construction to less
than that permitted by the zoning regulations.
Location of Property: sou~h Side of Peconic Bay Boulevard,
Laurel, NY; County Tax Map Parcel No. 1000-128-02-17.
Vote of the Board: Ayes: Mess~s.~Goe~ringer~ Gri§onis, Doyen
and Douglass. (Member Sawicki was absent.) This resolution was
unanimously adooted.
~k
GERARD P. GO~I~GER, CH~MAN
January 2~., ' 1985
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of ~he
Town Law and the Provisions of the Amended Code of the
Town of Southold, the following public hearings will be
held at the Southold Town Hall, Main Road, Southold, NY
by the Southold Town Board of Appeals at a Regular Meeting
on THURSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m.
and as follows:
7:30 p.m. Application for?ALEXANDER AND ELIZABETH
STOLLMEYER, by R. Cron Esq,, Main Road, Cutchogue, NY for
a Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule, (Al06) for approval of insufficient
area of a parcel to be set-off in this division of land
identified as County Tax Map Parcel No. 1000-054-05-45.8
and 45.9 (45.7), and located on the South Side of North
Sea Drive and the North Side of Soundview Avenue, Southold,
NY.
7:35 p.m. Application for JOHN WICKHA~, Main Road, Cutchogue,
NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3,
7 and 8 of the 6/28/84 decision rendered Under Appeal No. 3222
and Article VI, Section 100-60 in a proposal to establish
business office for marine contracting with accessory use
for storage and repair of contractor's own vehicles and equip-
ment, at 67576 Main Road, Greenport, NY~ County Tax Map Parcel
No. 1000-052-05-058.
7:45 p.m. Application for JAMEs AND BEULAH RICKETTS, Conklin
Road, Mattituc'k, NY (by G. Olsen, Esq.) for a Variance to the
Zoning Ordinance, ArticleslI ~nd.tII, Section 100-31, (At06)
for approval of insufficient area and width of two proposed
parcels in this division of land located on the West Side of
Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map
Parcel No. 1000-139-03-19 and 30 (30.1).
7:55 p.m. Application for JOSEPH A. WANAT, c/o A.~!Wickham, Esq.,
Main Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, S~ction 100-31, BulkSchedule, for approval of
insufficient width of parcel to be set-off located on a private
right-of-way at the north side of Bergen Avenue, Mattituck;
County Tax Map Parcel No. 1000-112-01-016.
8:05 p.m. Application for ANTONE AND JEAN MILESKA, 16045 Main
Road, Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for approval of
insufficient area and width of two parcels in this proposed
Page 2 - Legal Notice of Hearings
Southold Town Board of Appeals
November 15, 1984 Regular Meeting
division of land located on the east side of Marratooka Lane,
Mattituck, NY; County Tax Map Parcel No. 1000-115-04-009.
8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o
R. Bruer, Esq., Main Road, Southold, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient area (and width) of two parcels
in this proposed division of land located along Cedar Point
Drive East, Southold; Cedar Beach Park Filed Map No. 90,
Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18.
~ 8:15 p.m. Application of MARI_~ J._ PATTERSOn, 12 Turnwood
~Ct'., Hempstead, NY 11550 for a Variance to the Zoning Ordinanc
J Article III, Section lO0-~l, Bulk Schedule, for approval of
~insufficient area (and width) of two parcels in this proposed
S division of land located at the South Side of Peconic Bay
tevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17.
8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq.,
Box 279, Riverhead, NY for a Variance to the Zoning Ordinance,
~o construct building with an insufficient side yard at South
Side Main Road, Southold (7-11 Store), 1000162-3-37.
8:25 p.m. ApplicatiDn for ROBERT DeTREY by P. Muller, Meetinghouse
Lane, Southampton, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition
to dwelling with insufficient sideyards; premises known as 62825
C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-t0 & ll.
8:35 p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks,
Esq,, Box 279,-Riverhead, NY for a Variance to the Zoning Ordi-
nancelto construct building with an insufficient side yardi
North Side Main Road, Cutchogue (7-1t); 1000-102-05-24.
Persons desiring to appear at the hearing may do so. Communica-
tions in writing in relation thereto may be filed with our office
before or at this hearing.
Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Notice to Newspapers:
Please publish THURSDAY, NOVEMBER 8, 1984 and forward lO affidavits
of publication to: Board of Appeals, Main Road, Southold, NY
11971, before November 12, 1984. tel. 765-1809;
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To ~.~<~.. ~~~ ....
· ~.~.. ~.~.. ~... ~...: .~....
PLEASE TAKE NOTICE ~at your ~ dated ~gY~ ...... ~.
for pe~it to ~ ~(~
.~~~-- ......... ~ ..... ~ .......... ~ .....
at
Subdiviion ...... ~..': ...... F~ed M~p No. - .. Lot No... ~- . .......
........~~:..:~c ........... ~.:~< .... ~ ~.~. ~
RV 1 (80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 o~"7 7
DATE ..(~¢.~. ~..J..~...! .~. ~'~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
........................... ........ ...............
Name of Appellant Street and Number
.......... ~-.~.~ ..................................................... ~,~.~Z.~/.}~EREBY APPEAL TO
Municipality ' State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street anc Numoer Municipality State
( PERMIT TO USE
r ~ PERMIT FOR OCCUPANCY /~/¢
( ~ PERMIT TO BUILD
I LOCATION OF THE PROPERTY ~..~...:....~_..,~.'~.C.,..?...~. ,~..,,.~../,~..~....,.~. .................................... ,.~...~ .,~...~
Street and H~3mle~ Zone
................................................................................ OWNER(S): '~';~"~"~'~"'v ..................
Mep X]o Lot No S
DATE PURCHA ED: .................
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,)
Article 777~ , Section /~0 -- ~ /
3. TYPE OF APPEAL Appeal is made herewith for
( ~/~ A VARIANCE to the Zoning Ordin.once or Zoning Map
A VARIANCE aue ro lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
of the Building Ins[}ec~or or with respect to this property.
Such appeal was ( ~ request for c special permit
( ) request for a variance
aha was maae in Appeal No ................................. Dated .........................................................
PREVIOUS APPEAL A previous appeal (has) (~een made with respect to this decision
REASON FOP~ APPEAL
) A Variance to Section 280A Subsection 3
~ A Variance to the Zoning Ordinance
~s requested for the reason that ~e ~ould l±ke ~o
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because.~ ,
2 The naresmp created is UNIQUE and is not snarec by ali properties alike in the immediate
vicinit, of this property one in this use district because
, ~-' . . , 1/~5/~ --2~.7 I.,~.~ ~.-~.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CmARACTER OF THE DISTRICT because
THE
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COUNTY O'T~4~ ) ' S igKat~re
swo~ ~o ~,~ .............. ~l~ ............... ~o~ o~ ............. - ........................
~ Notary Publ~
' '. r~ ANN ~E~ILLE
: t~dc C, 8m~ ~
No, 52-8~58~, ~k ~