HomeMy WebLinkAbout2792I2585 Sound-A~e., Maktihuck
C-Zone
bldg. in a
~k£~nStr~ct sto~age .
-w/i~suff; r~ar and ~ide yard
TOWN OF SOUTHOLD, NE~V YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2792 Application Dated March 3, 1981
ACTION OF TI~E ZONING BOARD OF APPEALS OF THE TOW~ OF SOUTHOLD
Mr. George L. Penny IV
To Greenport Lumber Co., Inc.
P.O. Box 57
Greenport, NY 11944
DATE .~.f3.0./.8,1
AppeHant
at a meeting of the Zoning Board of Appeals on April 2, 1981
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
(X) Request for a variance to the Zoning Ordlnance Art. VIII, Sec.
( )
100-81
the appeal
1. :~~~Z~z'~E[~ol~Fot~:~avex~gi%xig:~a~X~F~{4tlF~XFal~g~X~0~v*a~Xe~e~on ( ) be
~anted ( ) be denied pursuant to Article .................... Seet~n .................... Subsection .................... para,apb
.................... of the Zoning Ordnance and the decision of the Building Inspector ( ) be reversed ( ) be
co~med b~ause Public Hearing: 4/2/81: 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, ~2attituck, NY; bounded
north by Penny; east by North Fork Oil Heat; south by Sound Ave-
nue and L.I.R.R.; west by Parrish; County Tax Map Item No.
1000-141-3-37 and 38.
(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
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
CG: lk ZONING BOARD OF APPEALS
FORA{ ZB4
The Board finds and determines as follows:
By this Appeal, Appellant seeks a variance to construct a
50' by 100' storage building with a proposed sideyard setback
of 3 feet at the east side and proposed rearyard setback of 3
feet, and 3 foot minimum sideyard at the west side. Erected on
the subject premises are a 2½-story frame house with accessory
building (County Tax Map Parcel No. 1000-141-3-38) and office
building with two lumber-storage buildings (County Tax Map Par-
cel No. 1000-141-3-37). The premises in question is zone "C"
with a nonconforming use permitting the storage of building
materials since prior to the adoption of zoning.
The Board finds that the relief requested is not substantial
in relation to the Code requirements; that the relief requested
is within the spirit of the zoning ordinance; that the variance
if granted will not change the character of the neighborhood;
that no adverse effect will be produced on available governmental
facilities of any increased population; that the hardship and/or
practical difficulty is unique; and that the interests of justice
will be served by granting the relief requested and as noted below.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that George L. Penny, Inc. be ~ranted a variance to
the zoning ordinance', Appeal No. 2792, SUBJECT TO THE FOLLOWING
CONDITION:
That the minimum side and rear yard area setbacks be five feet.
Location of Property: North side of Sound Avenue, Mattituck,
NY; bounded north by Penny; east by North Fork Oil Heat; south by
Sound Avenue and L.I.R.R.; West by Parrish; County Tax Map
Parcel Nos. 1000-141-3-37 and 38.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass
Goehringer and Sawicki. '
RECEIVED AND FILED BY
TF,.v. SOUTHOLD TOWN CLF.~K
Town Cl*rk, .t'awn of So~thold
APPROv[I.)
Chairman 80~[d 0f~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 for a
Sec. lO0-30A(2)[d]
rear and side yard
Application of David L. Mudd, North Road,
Variance to the Zoning Ordinance, Art. III,
to construct farm tool shed with insufficient
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. lO0-S1 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.
Southold, NY (by
Exception to the
for permission to
Application of David I. DeFriest, Main Road,
Irving L. Price, Jr., Esq.) for a Special
Zoning Ordinance, Art. III, Sec. lO0-30B(1)
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
at the south side ~f Peconic Bay Boulevard, Laurel; bounded north
by Catalano and Peconic Bay Blvd., east by Keller, south by Bay,
west by Prid9en; 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 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.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
............... ~ .................... ~ ..................................... / ..... ~ .
PLEASE TAKE NOTICE that your applicotion dated ............................ E~ ...... ~., 19.~ff..
for permit to construct ........................................... a~ premises locoted at ....................................
...L~.~.~.~ ....... ~.~..~.~. ........ .~ ......... s~ ~ ~c~ ~ z~
Map Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following grounds ....... ~ ....... ..(n')....'~f.. ......................~,J~.t! ....
.~...~..,..~.~ ......... .,..~.~....~~ ....... ~ ....... ~.~..~ ............ ~~....~.~..~.~..
-TI/-
Building Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appella,nt Strreet and Number
Municipality
....... .N..~ ................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO..P...e..~..~.~..Z.....$./'.2./..8..1.....'- DATED ...... .3../..2./..8..1. ..................................
WHEREBY THE BUILDING INSPECTOR DEN~D TO
( )
( )
( X)
Name of Applicant for permit
of 12585 Sound Avenue, Mattituck NY
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Build storage structure
1. LOCATION OF THE PROPERTY ~585 ~....~.nd Avenue, Mattituck C
· Street Use District on Zoning Map
1OOO-141-3 37 + .38
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINA~NCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance.by number. Do not quote the Ordinance.)
ART VIII 100-81 and 80 B (3)
3 TYPE OF APPEAL Appeal is made herewith for
( YO 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) as(b~ 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 ......................................................................
)
)
~s requested for the reason that
with insuf£icient 3'
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
we wish to construct storage building
rear and 3' side yard
Form zsl (Continue on other side)
REASON FOR APPEAL
C~ntinued
]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because of access&bility. Most off JLot #38 will be
used for loading and handling of vehicles in the future.
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 surrounding proj)ert£es
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because we use lot #3? a~d lot #38 £or
storage of building materials '
COUNTY
OF
Sworn to this .............................................. day of ...... ~'~.~f%~) .............................. 19~/
motary rublic
CATHERINE M. BURN~
~I0'~ARY PIJSLIC, State of New York
No. 4693093, Suffolk County
~ommission Expires March 30, 198[
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
I.J~UINIY l, Jl"' :::~l,.Jl-I-~..,,~l.-~
DEPARTMENT OF PLANNING
(516) 360-5513
LEE: E. KOPPELMAN
June 10, 1981
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections.1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or
Applicant Municipal
W/Mr. & Mrs. Richard A. Schlumpf
Gaorge L. Penny IV
Victor E. Catalano
James V. Righter
Mr. & Mrs. David Strong
Kenneth Brower
Southold Grange, Inc.
Sarah Rauch
Cybil Kooper
a disapproval.
File Number
2786
2792
2794
2797
2798
2799
2804
2806
2813
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
T~' R,qY T'JT.~J LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
doseph H. Sa~ck~
Southold Town Board of Appeals
MAIN RnAEi- STATE ROAD 25 SrlUTHOLD. L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
April 30, 1981
Mr. George L. Penny IV
Greenport Lumber Co., Inc.
P.O. Box 57
Greenport, NY 11944
Re: ~ppeal Nos. 2791 a~ 2792
Dear Sir:
Enclosed herewith is a copy of the filed decision of your
recent appeal before the Board of Appeals for a variance or
special exception. Please be sure to return to the Building
Inspector for approval of the building permit and/or certificate
of occupancy and that compliance has been met with all applicable
conditions of your variance prior to the issuance of same when
appropriate.
If you have any questions, please do not hesitate to call.
Yours very truly,
CHARLES GRIGONIS, JR.
CG:lk CHAIRMAN
Enclosure
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
LEGAL NOTICE
OF HEA~INGS
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,
· to the Zonin~ Ordin~ffce~' Art.
Vl, See. 100-61, 100-60C, Art.
11, Sec. 100-23 for permission
to construct fence in the side,
i i
8:45 ~.m. Application of
George~. Penny, Inc., 12585
Sound~venue, Mattituck, NY
for a.l~pecial Exception to the
Zoning Ordinance Art. rill,
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 1
Fork Oil Heat, south by Sound S
q~! Ave. and LI.R.R., west by d
u! Parrish; County Tax Map Item ~
No. 1000-141-3-37 and 38. [
~at.~% 8:50 p.m. Application of. ~
' ~ieor~je b. Penny, Inc., 12.~
L Sound Avenue MartJtuck, NY
vartance to the /~onm ' '
, ~LOrdinance, Art. VIIIt Sec~
100-81 for permission to con- ~
-struct storage building in a ,~
~.anlYsloe ~aro areas a~
~ound Avenuel Martituck;
' bounded north by Penny, east
]~y Sound Ave. and ~.I.R.Rt,
~test b~ Parrish; County 'lax,
38.
8:55 p.m. Application of
David L DeFriest, Main Road,
Southold, NY (by Irving L.
Price, .Ir., Esq.) for a Special
Exception to the Zoning Ordin-
ance, Art. IlL Sec. 100.30B(1)
for permission to change use
of existing dwelling h-om
one-family to two-family
dwelling use at 51320 Main
Pairicio 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 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 ..... !..cj ...........................
day ~ :'"".~.~ .................. 19...~..~-.
..... ~LLt' .............. -"~'=: ............ :": .............................
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
~vorn to before me this ...... ;~...~. ................. day of
........ ,
sideyard setback at 495 Fisher-
man's Beach Road, Cutch- ~~..~..~
ague; bounded north by Fish- , ...........................
erman Beach Road, west by Notary'Public
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 Aber-
deen Street, Malvern, NY (by
Gary F. Olsen, Esq.) for a
Variance to the Zoning Ordin-
ance, Art. III, See. 100-31 for
approval of the ihsufficient
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-
'' ...........
· oou~lsqns pajlOalUOa e jo
uo!ssassod ieu!m!~a aa~ap-ql~g
qll?a pa~:eqa serf aqs '~
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 public bearings by the
Soatbold Town Board of Ap-
peals at the Southold Town
Hall, Main Road, Southold,
NY on Thursday, April 2, 1981:
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. 10lP30B(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,
1000-441-9.
7:50 p.m. Application of
David L. Mudd, North Road,
Southoid, NY for a Variance to
the Zoning Ordinance, Art. III,
Sec. 100-30A(2)[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, 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, Matti-
tuck; bounded north by Van
Ryswyk and O'Neil, east by
Mileska, south by S.R. 25
(Main Road), west by Bur-
gore County Tax Map Item
No. 10~0-142-2-17.
8:10 p.m. Application of
Hope Prior Smith, 655 Pine
Neck Road, Southold, NY (by
R.W. Gilbspie, 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 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 Lade-
mann and Kowalski; County
Tax Map Item No. 10~0-70-5-31.
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, del~th 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-
ris Grain Co., P.O. Box 1058,
Ocala, FL 32670 (by Abigail A.
Wickham) for a Variance to
the Zoning Ordinance, Art. lit,
Sec. 100-30 and 100-31 for per-
mission to convert existing
barn containing a one-family
dwelling by adding a second
dwelling (apartr~ent) on sec-
ond floor. Locabon 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
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
Zoo ng Ordinance Art. VIII,
Sec. 100-80B(3) for permiss on
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.
side
Parrish~ Cou Tax Map
][~[q.m NO. 1~00-141-3-37 & 3S._
8:55 p.m. Application of
David I. DeFriest, Main Road,
Sou(hold, NY (by Irving L.
Price, Jr. Esq.) for a Special
Exception to the Zoning Ordi-
nance, Art. III, Soc. 100-30B(I )
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 DeFriesl, south by Jankow-
ski, wes( by Main Road; Coun-
ty 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 a( the south side of
Pecon c Bay Boulevard, Lau-
rel; bounded north by Catala-
no and Peoonic Bay Blvd.,
east by Keller, south by Bay,
wes( by Pridgen; County Tax
Map Item No. 1000-128-6-13.2.
9;15 p.m. Application of
Rose Dansker, 300 Eas( 56th
Street, Apt. M. New York, NY
10022 (by Gary Flanner Olsen,
Esq.) for a Variance lo the
Zoning Ordinance, Art. III,
Sec. 100.31 for approval of
insufficient area and width of
two proposed parcels located
al Wells Road, peconic, NY;
bounded north by Wells Road,
west by Groben, south by
Richmond Creek, east by
Krueger. County Tax Map
Item No. 10~-86-2-10 & 11.
9:30 p.m. Application of
Kenneth Brower, by William
S. Midgley, Jr. as agent, 200
Skunk Lane, Cutehogue, 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 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
Rem No. 1000-111-1-35.
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. Ill, 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 Pecomc
Lg duly Sworn,
the SUFFOLK
~reenport, in said
exed is a printed
k Weekhr Times
......... weeks
TOWN CLERK 765-3783
Building Dept. 1
Plannlng Bal. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
Soufhold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1
and m, the BOsl~d 0-~ &IYl}~SJJI ..... of the town of Southold, N. Y. hereby refers the following
(agency in~,o~ved)
proposed zonln,g eoflon to 1'he Suffolk County Planning Commission:
Appee~l. ~o. 2Tc)2
[check one)
New and recod~fied zonbg ordinance
........ Amendment to ~he zonbg ordinance
........... Zoning c~anges
......... Special permits
.~.]~[.... Variances .kZ'~, VTIIi StOa
1~. Oeorse L. Penny IV
Greenport Lu~ber Co., :[nc.
P.O, Box .57
Gree~oz-t, 1~ 11~:~:
Location of affected land:
within 500 feet of: (check one or moreI
........... Town or village boundary line
...~ .... State or county road, parkway or expressway O.R. 27
........... State or county ,park or recreation area
........ Stream or drainage channel owned by +he county or for which the county has established channel
lines
............ State or county owned parcel on which a pubtTc building is situated
Comments: Al:~'llO~'t l~&~ ~lL"nnt;ed per~LBm:Lon ~co C01~1~'1,~0t; 8t, o:l'll~e 10ul~dlJ~
in a C-Zone ~11 tnsuf~lo~elal: l'eel' m~d a~de ~-~rd ~t-eemo The cond-
Date: 6/!/8! ........................
(signed)
· .!~g!e~n.. !!.,...~.~r~.,...?e~Q~.. S~...r~.. *~ry
Tide
Date received by Suffolk County Planning Commission .................................................
File No .....................
Southold Town Board of Appeals
MAIN Ri'lAD- BTATE RE)AD 25 5rlUTHE)LD, l.l., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
T ~. ,'L'~ '; TUT: ',', LL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER ~T .¥,'5.
Joseph H.
NOTICE OF DECLARATION
PURSUANT TO
ENVIRONMENTAL QUALITY REVIEW ACT
Appeal No. 2792.
Application of: George L. Penny, Inc.
Location of Property in Question: 12585 Sound Avenue, Mattituck.
County Tax Map Item No. 1000-141-3-37 and 38...
Project Proposed by Appeal Application: [ ] Special Exception to
construct storage building in a C-Zone; ~ ] Variance to construct
storage building in a C-Zone with insufficient rear and side yard
~TAL 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 property in question [ ~ 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
TELEPHONE:
298-8559
GEORGE L. PENNY, INC.
NORTfl ROAD, MATTITUCK
NEW YORK 11952
February 27, 1981
Gentlemen
I wish to build a storage building 50 x 100 as shown
on the attached survey. The lot, #38, is owned by
George L. Penny, Inc. and is C zoned. The county tax
map #1000-141-3-37+38.
Please address all correspondence to George L. Penny, IV,
PO Box 57, Greenport, NY 11944.
Sincerely ~~
Geor~e L! Penny IV
Treas.
GLP:cb
Enc.
SHORT ENV~RONk~ENTAL ASSESSMENT FORI4
·
~ (~) In order to answer the questions in this short EAF it is assumed
that the preparer will use. currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) [f all questions have been answered No it is likely that this
project is not significant. -.
(dj E'nvironmental Assessment
1. Will project result in a large physical change "
to the project site or physically alter more ~
than 10 acres of land? ........................ Yes,
2. %'1ill there'be o major change to any unique or
-unusual land form found on the sit~? .......... Ye
3. %'/ill project alter or hove o large' effect on
existing body of ~ater? ....................... YFIS~ ND
4. %~ill project have a potentially large impact ,
on groundwater quality? ....................... Yes~No_
5 %'1ill project significantly effect drainage ~/~/~NO
y -
flow on adjacent sites? ........................ e
6. %'~ill project affect any threatened or
endangered plant or animal species? ........... Yes~No
7. %'~ill project result in o major adverse effebt
on alt uo ity? .............. · .................
No
8. %'1ill project have o major effect on visual
/
character of the community or scenic views or
vistas known to:be imporlont to the community?
?. %'1ill project adversely impact any site or
structure of historic, prehfstoric or
paleontological importance or any site
designated as a critical environmental area
by o local agency? .............
10. ~ill project have a major effect on existing
or future recreational opportunities? ......... .
11. %~ill project result in.major troff£c problems
o~ cause o major effect to ex-istlng
transportation systems? ....................... .
12. %?ill project .regularly cause objectionable
odors, noise,' glare, vibration, or electrical
disturbance os o result of the project's
operation?
13. %~ill'project have any impact on public health
or.safety? ....................................
14. %~ill p~oject affect the existing community by
directly causing o growth in permanent
population of moro than 5 percegt over o one
year period o__~.r hove o major negative effect
on the character of the community or
neighborhood? ........
p~oject? ...................................... ·
' Yes,/~ No
Yes//~ No
.o
ye s./~, No'
yes./~ No
· Yes,No
Yes.,/~ No
(T6day' s Date)
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: 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 your s~
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
ATE ........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We)..G. eo.~g.e,..b.,...~.e~y.,.....T,n.c., .............. of ........ ~.2...~.8...5....S..o.~..q.c]....A..v...e..n...q.e. .........................
Name of Appellant Street and Number
.................. ..N...a_t.t...~..t..q.o..~.. ........................................................... .N~'... ................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO...D..e..~..a..]:.....3./.~.~.8..~.... DATED ..... .~/..2../..8..~ ..................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of 12585 Sound Avenue, Hattituck NY
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(X) Build storage structure
]. LOCATION OF THE PROPERTY ..~¢..5..8..~...S.q..u..n..d....A...~..e...q.u.?..,...~.a..~c.c.~..t.~..~.~ ................. .C. .........
Street Use District on Zoning Map
1000-141-3 37 + 38
Mop No. Lot No.
2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
ART VIII 100-81 and 80 B (3)
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. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) ~ 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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that we wish to construct storage building
with insufficient 3' rear and 3' side yard
~'orm zBt (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because of accessability. Most of lot #38 will be
used for loading and handling of vehicles in the future.
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 surrounding properties
are B zoned
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because we use Lot #3? and Lot #38 for
storage of building materials
Sworn to this 'D$JL~;~ day of...../~.~? ................................ 19 (/
Notar%, Pub ic
CATHERINE M. BURNS
NOTARY PUBLIC, State of New York
No. 4693093, Suffolk County
Commission Expires March 30, 198J,
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. Th~L~LLs_Lhe intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~arianc~ 5p~.~al Exc~ptio~ (Special Permit)(the 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: 1258.5 Sound Avenue. Hattituck. NY
3, '[hat ~he property which is the subject of such Petition is located in the following zoning district:
C zone
4. That by such Petition, the undersigned will request the following relief: Constru. ct
storage building with insufficient rear and side yard
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: Alit VTII !00-81 and 100-80 B (3)
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
he filed in the Southold lown 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 lraveler-Mattituck Watchman, newspapers published in the
lown 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.
Post Office Address
x7
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT EOR INTERNATIONAL MAIL
RECEIPT FOR CERTIFIED MAIL
AND ADDRESS OF ¢
SHOW TO WHOM AND DATE
SS.;
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See
SPECIAL DEUVERY
¢
RESTRICTED DELIVERY ¢
SHOW TO WHOM AND
~ DATEDELIVERED
~ S.EWTO W.OM~ATE
AND ADDRESS OF
~ SHOW T0 WHOM AND DATE
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
~ONSULT POSTMASTER FOR FEES
OPTIONAL SERVICES
RETURN RECEIPT SERVICE
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
· ND ZIP CODE
CERTIFIED FEE
~ SPECIAL DELIVERY
~ ~ESTRICTED DEUVERY
SHOW TO WHOM AND
~ ~ DATE DELIVERED
E ~ ~How'm~oM DAT~
~ ~ ~OW~W~O~A~DDATE
~.~al~,_~ ' , being duly sworn, deposes and says that on the ~ ~ day
of _ ~ ., 19 ~.J , 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 address~ of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post ~-
ficeat ~cee~r~ ~ f
~ (registered)~ail~
Sworn to before me this ~ Cd
day of ~L~L~ ch __, 19 ~' I
Notary Public
; that said Notices were mailed to eac/~f said persons by
CATHERINE M. BURNS
NOTARY PUBLIC, State of New York
No. 4693093, Suffolk County
Commission gxpires Mar¢ll 30~ ~.9~J,
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LONG
LUMBER STORAGr. BUILDiNr~
ISLkND 2~IL~OAD ~0.
~ U
f 2o
NORTH FORK
3APTIST CHURCH
/
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2,6A(c}
I
I
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$5
2O
2,0A[c)
MATCH
SEE
_ LINE
SEC NO. 142
Il.J/ ~
PARCEL N(
SEE SEC NO