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HomeMy WebLinkAbout2796 Side ~ew Su~lk A~e~, .~t~ 4/2/.8I ~ D.convsrt exxstlng barn containing a one2 ~ f~a~nt) on. second, flor. TO~VN OF SOUTHOLD, NEW YORK ACTION 'OF THE ZONING BOAI~D OF APPEALS Appeal No. 2796 Application Dated March 3, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Abigail A. Wickham, Esq. Attorney fo'r Peconic Corporation AppeLant at a meeting of the Zoning Board of Appeals on 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 ~0 Request for a variance to the Zoning Ordinance Art. ITT, ( ) April 23, 1981 the appeal Sec. 100-30 and 100-31 1. ~"F~z~XF~X~B~rX~I.~F,~~f,d(RX~I~XI~N~DI~KXI~tK~m'm~on ( ) be ~a~ed ( ) be denied pursuant to ~tic~ .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision ~ the Bui~ing I~pector ( ) be reversed ( ) be confirmed b~ause Public Hearing: April 2, 1981: 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 (apart- ment) 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. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the /mmediate 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) an~ 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. CG: lk ZONING BOARD OF APPEA3_~ FORM ZB4 The Board finds and determines as follows: By this appeal, Appellant seeks a variance to convert the second-floor of an existing structure with a one-family apartment on the first floor to an additional dwelling/apartment. In addition to this structure, the property contains a preexisting two-family dwelling, and several accessory buildings. The entire premises in question contains approximately 45.3 acres. Upon researching this matter, the Board finds that Section 100-30(b) (1) permits two-family dwellings and conversions of existing buildings by Special Exception and Site Plan Approval not to exceed one such dwelling on each lot; and that Code Section 100-31 (Bulk Schedule) permits a two-family dwelling in this A-Residential & Agricultural District provided it complies with the minimum requirements of 80,000 sq. ft. in area, 270 feet of lot width, 250 feet of lot depth, and yard setbacks, etc. The Board does not agree with the reasoning of applicant inas- much as there is substantial area available to comply with these requirements for the relief requested by appellant. The Board finds and determines that the relief requested in relation to the Code requirements is substantial; that if the variance is granted a change will be produced in the character of the neighborhood; that hardship has not been shown and the reasons are not unique; the variance if granted will set a prece- dent in the neighborhood; that the relief can be obtained by a method feasible other than by variance; and that the interests of justice will be served by denying the relief requested. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Peconic Corporation, Appeal No. 2796, be denied a variance to the zoning ordinance, Art. III, Sections 100-30 and 100-31. Location of property: South side of New Suffolk Avenue, Matti- tuck/ NY; 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. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. RECEIVED AND FILED BY THE SOUTHOLD TO%VN CLERK To~n Clsrk To~n o~ APPROVED ClmtrmBfl Bo8 ci of ppeal ' 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 following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, 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. Southold, NY Sec. lO0-30A rear and side Side of C.R. Application of David L. Mudd, North Road, for a Variance to the Zoning Ordinance, Art. III, 2)[d] to construct farm tool shed with insufficient yard setbacks at property 48, Southold; bounded north Aliano, Latham and Morris, south by C.R. County Tax Map Item No. 1000-59-9-28. located on the North by Lieblein, east by 48, west by Doroski; 8:00 p.m. tuck, NY for a Variance to the 100-61, lO0-60C, Art. II, Sec. fence in the side,'rear and/or Mattituck; bounded north by Van south by S.R. 25 (Main Road/,west No. 1000-142-2-17. Application of Dolores Strong, Box 1033, Matti- Zoning Ordinance, Art. VI, Sec. 100-23 for permission to construct front yard areas at 11455 Main Road, Ryswyk and O'Neil, east by Mileska, by Burgon; County Tax Map Item 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 cels located on the north side of bounded north by Jockey Creek and frontage of two proposed par- Pine Neck Road, Southold; Lademann, east by Width, by Kowalski, Pine Neck Road and Kohl, west by Lademann and Kowalski; County Tax Map Item No. 1000-70-5-31. south 8:20 p.m. Application of MarS 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. Grain Co., Esq.) for a 100-30 and Application of Peconic Corporation, c/o Norris P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham, Variance to the Zoning Ordinance, Art. III, Sec. 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., t2585 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 Southold, NY (by Irving L. Price, Jr., Exception to the Zoning Ordinance, Art. for permission to change use of existing to two-family dwelling use at 51320 Main north and east by DeFriest, south by County Tax Map Item No. 1000-70-2-4. I. DeFriest, Main Road, Esq.) for a Special III, Sec. lO0-30B(1) dwelling from one-family Road, Southold; bounded Jankowski, west by Main Road; 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 at the south side bf Peconic Bay Boulevard, Laurel; bounded north by Catalano and Peconic Bay Blvd., east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1000-128-6-13.2. 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 Page 4 Board of Appeals Hearings Apr. 2, 1981 Regular Meeting for a Variance to the Zoning Ordinance, Art. for approval of insufficient area and width parcels located at Wells Road, Peconic, NY; Wells Road, west by Groben, south Krueger. County Tax Map Item No. III, Sec. lO0-31 of two proposed bounded north by by Richmond Creek, east by 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. FORM NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ................................................ , 19. . .... ~...../..~.~...? ................ ~...T,....~.~<...~C:.. /u ~' /,,~ ~' ~ PLEASE TAKE NOTICE that your application dated ................................. ~.~...~.., 19~... for permit to construct ........................................ at the premises located at .................................... .... ~...~.,.,.~L~ ........ .~L~ ...... Street N~ q~/Z~/< Z~N~ A Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow]ng grounds .~.Z ....... ~..,...~.~[Z[~..~:~.~ ....... ~j~ LL~.~ [~:....,~9....Z~.~.....~.~L...(d.~Z,~ ........ b....~.~.Z~.C=. ...... .O.~.¢.~L[.'L.(z ........ ~.~.~. ....... .~.~......~.~.~.~ ......... ~.~.~.~.k.(~C~ ...... Z~.~.~,.'.~.~.C~.?..,.~..~ ....... ~.~ ...... .~ ....... .~o.z.....r~..~L~....~ ~.~E. ................. b. EZ..~ ........ .C~z~.~...~...c.~ ................................. Building Inspector Ld/~/e Fff~ ~ -Z3~-SH A w' / TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ';?' 7,~' DATE . ..Mg....r...c~....4. ~....1..9..8..1... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Pt~DNTC CORPORATION , c/o Norris Grain Co.., P.O. Box 1058 1, (We) .................................................................. o* ........................................................................... Name of Appellant Street and Number Ocala Florida 32670 ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ... x ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO (~.~/~-'~ ( ) ( ) (X) Name of Applicant for permit of c/o Norris Grain Co., P.O. Box 1058, Ocala, Florida 32670 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Pezmit to convert bn,-n to two family dwelling 1. LOCATION OF THE PROPERTY ..~..ew...S.t~Q,~,..~...v~...~...t~. ........ ..A.....~..~..eg..~.J:..a..]=...&....A. 9~...J:g..q]r..~..t~...a. 1 Street Use District on Zoning Map 1000 115 - 9 - 4 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.) Article III, Section 100-30 A(1) ~nd B(1) and Bulk Schedule 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 ~(hos 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 3 K) A Variance to the Zoning Ordinance ) ~s requested for the reason that a~pl±¢ant, w±shes to convert, existing ~ containing one family dwelling by adding a second apartment on the second floor, which barn is cn a lot con~n~ning other dwellings. Porto zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~.h_e prope~Cy cc~sist~ of 45 ac]es ~ has not been fu~'r_.he: stg3- divided; thus, the existence of several dwellings cn the property will not result in overcrowding or excessive residential density. The barn or "carriage house" %o be cc~vertsd consists of garage and storage space on the first floor, and a S~all c~e-bedro~m apartment on the second flock. A second apartn~nt would be added %O the second floor. In addition to the carriage hou~.e, the property now contains a prec~xisting two family dwelling on New Suffolk Avenu~ zn which the caretaker's family/~z~e~e family dwelling on the Bay OCcupied by the owner as a s%m~er residence, and several accessory buildings, as shown on the survey submit%ed with this applicaticn. Applicant plans %O operate a thoroughbred farm and needs the additic~l apartmant for farm help and guests. If this variance is not granted, applicant would have %O obtain a subdivision of the property ~o set off the carriage house on a separate lot. qhis would create a hardship because the property would be forced into subdivision even though it would continue in one ownership as part of the operatic~ of this entire farm and applicant's adjoining 24 acre parcel. 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 of the large size of this property and because the building %O be ccmverted is not close to any neighboring houses en this or or other properties. Also, another portion of the property and applicant's adjoining 24 acre parcel are zoned for multiple residential use. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use would oontinue as Agricultural/Residential and the exterior dimensicns of the building will not change. STATE OF NEW YORK COUNTY OF SUFFOLK SS Sworn to this .................. .3..r..d. ...................... day of....~f~- .......................................... 19 81 Notary Public NOTARY PUBLIC, Slate of New ¥orJ ~No. 30-6848100 OuaJlfled in Nassau Counfy Camm;ss;on Expires March DEPARTMENT OF PLANNING (516) 360-5513 Lire E. KOPPELMAN June 10, 1981 Town of Southold Board of Appeals Applicant: Mun. File No.: 2796~ S.C.P.D. File No.: SD-81-8 Peconic Corporation Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. GGN:Jk c/ Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner TOWN CLERK 765.3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the C-eneral Municipal Law, ChaFfer 24-, of the Consolidated Laws, Article 12-B, Sections 23%1 and m, the ..~-~d..Qf..A~t~18 ........ of the town of Southold, N. Y. hereby refers the followbg (agency ~nvoJvedI proposed zonin,g act[on to the SuffoJk County Planning Commission: (check one) New and recodified zoning ordinance .......... Amendment to the zoning ordinance ........... Zonbg changes ......... Special permits PeOO'~£Q C/O l~OrZ'18 ~t~ CO. P.O. BOX 1058 OoZe, r~or£de 52670 ..~... Variances ~'t~, 'I'T][~ ,.~¢10. 100-50 & 100-51. Location of affected land: soMt,~..~J.I~II..~-C..N~ .S?~C:~O~,~.A~'~,..llal:t~ll~M~k ................ within 500 feet of: (check one or more) (10~)-11~-g-~) ..~.... Town or village boundary fin% O~ II~OFe ].~t~e (~1~'1; ~QOI~J.O ]~y) ......... State or county road, parkway or expressway ........... State or county ,park or recreation area ........ S+rea,m, 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: A~i~I.O~I~ ~ d~l~[~d 1~1'~'1~1 '~o O~IIV~"~ ~,~ ~ co~$~a~,,~,%.~ · ~e-fa~ly d~elll~g by adding · secured (apart- lael~t) on second floor. Date: 5/51/e ................... (signed) Title Date received by Suffolk County Planning Commission ................................ Fib No ·~WN OF $OUTHOLD SHORT ENVI~ON~LENTAL ASSESSMENT FORM J ~._--~ S?. 'JO ? iG N S.-'. " .: . . ~.' .Wi~ ~roj~c~ ~v~ ~ ~a=e==~=~7 _~r~. ~a~ c~ =~=~:~- --=~~-:?'~._~ :~"-~=r~=~:7~:=' ~- ' ~"~ ~ ~:-:~ --~'-~ f 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. Catalano Mrs. Rose Dansker Gary Flanner Olsen, Esq. Mr. William S. Midgley, Jr. for K. Brower Mrs. Margaret McGowan Supervisor Town Board members Planning Board Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 -~OUTHOLD, L.I,, N.Y. 1197~ TELEPHONE (516) 765-1809 APPEALS 8OARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, .JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER N Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2796. Application of: Peconic Corporation Location of Property in Question: South side of New Suffolk Avenue, Mattituck. County Tax Map Item No. 1000- 115-9-4. ,, Project Proposed by Appeal Application: Convert existing barn containing a one-family dwelling by adding a second dwelling (apart- ment) on second floor. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question [X] is not located within 300 feet of tidal wetlands; [ ] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: March 12, 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File : ~K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. I 1971 March 4, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 2796, application of Peconic Corporation for a variance. Also included is Short Environmental Assessment Form, Notice of Disapproval from the Building Depart- ment, Notice to the following adjoining property owners: LAW OFFIC[~ WICKHAM, WICKHAM & BRESSLER, 516-298~8353 March 4, 1981 Zc~ing Board of Appeals Tcwn of Southold Town Hall Main Road Southold, N.Y. 11971 Re: Peconic ODrporatic~ ~hclosed are the following in cc~nection with the above matter: 1. Notice of disapproval fr~ building inspector. 2. Appeal application in triplicate. 3. Notice to adjoining owners. Please note that frae of the adjoining owners, Margaret Norris, is u~related to Bruce Norris, the principal of Peccnic Corporatic~. Short form environmental assessment form. AAW:DH Six copies of survey. f~eck in the amo%mt of $15. Very truly !~Durs, Ab ga A. W ckham Today' s Date: Members Absent, if any: APRIL 23, 1981 Appeal No. Agenda Item/Matter of: Type of Variance or Appeal: PECONIC CORPORATION Variance Resolution made by: Seconded by: GCrharles tgoms ( ) Robert .. Gerard ,Iosepb. Dougrass ~oenrtnger bawtcKl ( )([/)/ ( ) Action: ( ) Approve as applied for ( ) Approve with the following conditions: ( ) Deny as applied for ( b,'~'Den y ( ) Oeny without prejudice ( ) Withdrawn without ( ) Subject to County Plannin9 referral Prejudice ( ) Subject to Plannin.q Board approval ' ( ) ( ) Subject toD.E.C, regulations ( ) Other: CThe Board finds that substantial area is available in order to comply with the Code regulations pertaining to the proposed two-family dwelling (80,000 square feet - Special Exception & Site Plan, etc.) Findings ofthe Board are as follows: . Substantial area is available to meet the .requirements of the Code for two-family dwellings. Other: Not Within the Character of the Neighborhood ( b/)/ Variance is Substantial in Relation to Code I~-~e/-~ ~. ( Hardship not ~ ~]~' ( Hardship cr Piffic~i[£ Not Unique ~;ill set a precedent in the neighborhood ( Interests of justice served by denying Relief can be obtained by a method other than a variance. Vote of the Board: Ayes: (w~CG (~ SD Nay: ( ) ( ) Abstain: ( ) ( ) Absent: ( ) . ( ) ( ( (~RD (~GG (~/JS () () () () () () () () () ) Granting the Relief Requested is within spirit of the zonin9 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 Notes: (noted above) STATE OF Nm 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 following 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, 7:35 p.m. ApplJcatiotl Of 1~' a Variance to the Zoning ~O'rdih~n'cel ~. m, kec. I00- 31 for approval of insufficient area, depth and/or rearyard of parcel located at Old Harbor Road; New Suffolk; bounded north by Benbow and Givea, icl east by Cutchogue Harbor, south by Whelan and Mason, west by Old Harbor Road; County Tag Map Item No. 1000-117-3-5- and 6. Pctricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- m~n orce each week for .......... ~. ............. weeks successively, commencing on the ...~..~. ........................... of"-' ~'..3'sro' .......... 19 .~.~C' day .~. ......... ....... ..... BY ORDER OF b THE SOUTHOLD TOWN ~ BOARD OF APPEALS u' CHARLES GR1GONIS, JR., D~ Chairman ~q 1T'3/19/81(3):°t' Sworn to before me this ....~.~ .................. day of '"3 ~°X ~ON t° 'IE 'u~q~ll~3 oSHOd u~o~ ~oldm~qmoS ~en[!aem lo uo~ssossod jeu~m~ agop-pucoos ql~ pogJ~qo s~ · ~o s[q u} punoj ~[po~all~ 8:30 p.m. Auulication of genfunm aq* uaqn~ pnoa .~an!H . Peconic Cornoration e/n Nor; " { tis ~ain Co.t P.O. Box 1058, aoqa a~;; ammo/~ :o~paddols ~ ~at FL 32~70 Ibv Ahioail A ~a~ uoxoal[~ pigs aortad 'uo~s ~ Wie~anv Eso.} for a Varianee to the ~nin~ Ordinance. A~. I~, Sec. 100-30, and 100-31 for _a;tj. to '61 'uoxoalpM 'H pieuo(I imam containing a one-family ul~-aanl}[ gmuaom ~up~mnS uO ~welling by adding a second dwelling (apartment) on sec- VNVflIT~lVI~I gna rigor. Location of prop- .~erty: ~outn side at New Suffx)lk ,,, .;onpuoa ~l~apaos!p ~venue, MattltUck; bounded [J 1o slunoa oral ql~n~ palS.mqo s~ noRh by New Suffolk Avenue. ' ~II~H '~puo~ ua S~al[~ ~u~ east by Wic~am and Ba~- -l~oq uoldm~q;saM aq; ap}s;n~ shaw, south by Bay, west bv ~ {q~ ~ m panlonm ~ulaq ~lPagalll Smith, Haberman and Ca~p soj aaHod ag~lHA qa~a8 uo{dmm Min~la Road: County Tax~ ~ -~sa~ ~q pa,sa~ Xlpa~oda. Map Item No. 1~-115-9-4. ~ ssm uo;dm~q{sa~ 'audi ~o]oo~ 8:45 p.m. Application of ~ ]o '~1 ":f ']aoII~H 'S uaHv ~rge L. Penny, Inc., I~ Sound Avenue, Ma~ituck, NY DM~HO~ ~r a Special Exception to the ~ning ~dinance A~. VIII, S~. I~-~B(3) for permission to ~nstru~ ~orage building ~ a C-~ne at 12585 So~d Avenue, Mactruck; ~unded no~h by Penny, east by No~h Fork Oil Heat, ~uth by ~und LEGAL NOTICE 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 following matters will be held for pubbe hearings by the Southold Town Board of Ap- peats at the Soutbeld Town Hatl, Main Road, Soothold, NY on Thursday, April 2, 1981: 7:35 p.m. Application of James V. Righter (for Fishers. Istand Development Corp.), 58 Winter Street, Boston, MA 02108 for a Special Exception to tl~e Zoning Ordinance, Art. Ill, Sec. 100.30B(8) for petrols- sion to create additional ployee housing on second float of Beach Ctub 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, 10O0-4-4-12, 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. 10o-30At2)[d] to con- struct 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, Lath- am 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, Mat- tituck, NY for a Variance to the Zoning Ordinance, Art. VI, Sec. 100-61, 10O~60C, Art. II, Sec. 100-23 for permission to construct fence in the side, rear and/or front yard areas al 11455 Main Road, Matti- tuck; bounded north by Van Ryswyk and O'Neil, east by Mileska, south by S.R. 25 (Main Road), west by Bur- gon; County Tax Map Item No. 1000-142-2-17. 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 200-A for approval of access, and (b) the Zoning Ordinance, Art. III, Sec. 100-31 for approval 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 Kowatski, Pine Neck Road and Kohl, west by Lade- mann 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 rearyardof parcel locatedat Old Harbor Road, New Suf- folk; bounded north by Ben- bow and Given, east by Cut- chogue Harbor, south by Whe- lan 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 Nor- and Bag- George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance 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 Ordinance, 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; Cpu,..., Tax Map Item No. 10O0.141-3-37 & 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 Ordi- nance, Art. III, Sec. 10O-30B( 1 ) for permission to change use of existing dwelling from one- family to two-family dwelling use at 51320 Main Road, South- old; bounded north and east by DeFriest, south by Jankow- ski, west by Main Road; Coun- ty Tax Map Item No. 100070-2- 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 insuffic'ient front and side yard setbacks at the south side of Peconic Bay Boulevard, Lau- rel; bounded north by Catala- no and Peconic Bay Bled., east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1000.120.6-13.2. 9:15 p.m. Application of Rose Dansker, 300 East 56th Street, Apt. M. New York, NY 10022 tby Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 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. Apphcation 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. 10O-31 for permission to construct garage with an insufficient sideyard setback at 495 Fish~ erman's Beach Road, Cut- chogue; bounded north by Fisherman Beach Road, west by Baxter, south by Bay, east by McKeon. County Tax Map Item No. 10O0.111-l-35. 9:45 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to the Zoning Ordi- nance, 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 g duly Sworn. the SUFFOLK reenport, in said ·.xed is a printed Weekb/ Times ......... weeks BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : PECONIC ODRI~RATI ON : to the Board of Appeals of the Town of Southold : NOTICE To.APi:{)LCNIA KIRCHGESSNER, AL]/qE DOVE, VERA CIC~ANOWICZ, MATILDA HABERMAN, JOSEPH PE'LE~S, / G~ORGE BROOKS, ALBERTA REEVE, J. PARKER WICE~LAM, HARVEY BAI3SHAW, MARGAE~T NORRIS, HAZEL~ S. ~4Iqlq, JOANNA M. SIECI~L~NN, LAUR~IqCE P. RF~"VE 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) ' ' ' the following relief: ~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is desx crihed as follows: N by New Suffolk Avenue, Brooks, Reeve, Dove, Cichanowicz; E by Bagshaw~ ~Wickham; S by Peconic Bay; W by Norris, ~nith, Haberraan, Kirchges~er, Peters; ~_ S by ~=b~, Kizd~ues.~.i=~, Sie~,~.~, ~eve; W by ~cu-~i0 ~;~;.,~ala Road 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential end Agricultural 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are:A~ticle III, Section 100-30 and Bulk So_h~dule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. \ Dated: March 4, 1981 PE(I]NIC O.~ff~.~.~.///~) ~ BY: Petitioner ~"~/ /Abigail A. Wickham /' Post Office Address Main ~ad Eox 1424 Mattituck NY 11952 (bib) 29S-S353 Apr. 1976 q CONSU/'T ~STMASTER FOR FEES ~ O~ ONAL SERVICES · [ =l CONSULT ~STMASTER FOR FEES PS Form 38~, Apr. 1976 ~ ~ [ O~ONAC SERVICES ~avorm38~ Apr 1976 w~ UJ r~ POSTMASTER FOR FEES 9/.6! ud¥ 'OOg£ m~oH Sd Doro~Zy Henderson , residing at Nassau Point l~ad Cutchocjue, N.Y. IZJSb , being duly sworn, deposes and says that on the 4th day of Ma_rch ,19 81 , 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 current assessment roll of the lown of Southold; that said Notices were mailed at the United States Post Of- fice at blattituck, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn~to before me this 4th day.o'[~/C. //~,.~'~March' (~ , 1~ Notary PublicL_j CHRISTINE SIEJKA ~ Public, State of ~ Y~dl No. 62-4704592 M~h ~0. 'f~ 4 45.5A(C) FOR PARCEl NO. SEE SEC NO.I 5 5.2 2 2 A [C'I ® LSA(c) '5 5,2 4,7 b 6 4.6 SEE SEC. NO. AT CoAI I C p'~Co~41 o f~ ,.~.y 4 j ~ t CP L '~' T U ~ 14 pb4'2C~' MAP OF P~oE~-~TY oF ,. r p:coNLg c~po:~'Ftor.~ MA~,~,~N ci~ SOL~O~,~. ' A~C ~ IT~cT ........ .-%7r : :1';0~ uP __ GO Sy~ C O.) Ix.l ID fLol,O_o,r2 f- l~Ar21'4, I~--I',tOVATiOM FOlT_ M[£. BFZLIC.P__D A. 'Mo-l,4o-W~, M&WITICC-14_) NL"¢, __ DOLE;LAz, P. 14~lf~ I I~,,,A, ST F--LE.V.a,,TIO ,,k,I E LE",/AT 1 O.k.! ~ F_LEV A-TI 0 tq I'-O" prz opo .. ~,._) W~ST' f LF-VAT'I o MI2.1BI'21JC~ A. b,iOI2P__15 ii " d MV2. ~I2UC~ A. 'MO-MO-W~T~, MA]TFVUCI,6v ,I'