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HomeMy WebLinkAbout2522 LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, March 1, 1979, on the following appeals: 7:30 P.M. (E.S.T.) Path, East Northport, Upon application of Richard Schlumpf, 32 Curtis New York (Abigail A. Wickham, as Attorney), for a variance to the Zoning ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient are and width and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capobianco, Wood and Lucckoff; east by Richmond Creek; south by Bedell; west by Indian Neck Lane. 7:40 P.M. (E.S.~.) Upon application of Marjorie M. Butterworth and Stephen Moore both residing at 12120 New Suffolk Avenue, Cutchogue, New York, for a variance to the Zoning ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insuf- ficient area and width. Location of property: New Suffolk Avenue, Cutchogue, New York, bounded on the north by New Suffolk Avenue; east by Plimpton; south by Peconic Bay; west by Moore. 7:50 P.M. (E.S.T.) Upon application of William Doroski and Joseph Doroski, Waterview Drive, Southold, New York, (George C. Stankevich, Esq.) for a variance to the Zoning ordinance, Article XIV, Section 100-141 (B) and for a variance in accordance with Town Law, Section 280A for appro- val of Access. Location of property: easterly side of Waterview Drive, Southold, New York, bounded on the North by Bergen and Boltman; east by Zebroski; south by Zebroski; west by Zebroski. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Scction'267 of the Town Law and the provisions of the Amended Building Zone Ordimmce of the Town of Southold, New York, public hearings will I~ held ~y the Zoning. Board of Appeals at the TOwn Hall, Main Road, Scufhold, New York, on Thursday, March 1, 1979, on the fol]owlilg appeals: 7:30" P.M. (E.$.T.) Upon application, ~of Richard East Northport, New York (Abigail A. Wickham, as Attorney), for a variance to the Zoning 0rdinance~ Article III, Section 100-31 and Bulk Parking Schedule for per- mission to divide property with insufficient area and width and a variance in ac- cordance with Town Law, Section 280A for approval of access. Location of property: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capobianco, Wead and Luc- ckoff; east by Richmond Creek; south by Bedell; west by Indian Neck Lane. I'?:40 P.M. fE.S.T.~ vpun application of Mar~orte M. Butterworth ancl ~tepnen Meare both residing at 12120 New Suffolk Avenue, Cut- chegue, New York, for a variance to the Zoning Or- dinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with in- sufficient area and width. Location of property: New Suffolk Avenue, Cutch~gue, New York, bounded on the north by :iew Suffolk Avenue; east by Plimpton; south by Peconic Bay; west by Moore. 7:50 P.M. (E.S.T.) Upon application of William Dornski and Joseph Docnski Water- view Drive, Southetd, New York, (George C. Stankevich, Esq.) for a variance to the Zoning Ordinance, Article XIV, Section 100-141 (B) and for a variance in accordance with Town Law, Section 2~0A for approval of Access. Location of property: easterly side of Waterview Drive, Southold, Now York, bounded on the North by Bergen and Boltman) east by Zobreaki; south by Zebreski; west by Zebrqski. 8:oo P.M. (E.S.T.) Upon application of Baldwin L. Humm, 51 Dumbarton Drive, Runtingtan, New York, for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Wiggins Lane, Greenport, New York, bounded on the north by Greene; east by Armstrong; south by Gull Pond; west by Fordham Canal. 3:15 P.M. (E.S.T.) Upon ~application of John and Gertrude Hartung, New Suffolk Ave:aue, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property into three lots with insufficient area and width. Location of property: New Suffolk Avenue, New Suffolk, New York, bounded on the north by DeMartini; east by Clarke; south by New Suffolk Avenue; west by Bunny Lane. 8:30 P.M. (E.S.T.) Upon application of Amelia Narobe, Alpine Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article II, Section 100-23 C; Article III, Section 100-31 and Bulk Parking Schedule and Article XIV Section 100-144 B for permission to divide property into three lots with insufficient area, width, side yard and rear yard. Location of property: Alpine Avenue,. Fishers Island, New York, bounded on the north by Howell; east by private right- of-way; south by Alpine Avenue and west by Calanquin. 8:45' P.M. (E.S.T.) Upon application of Roger Bar- mache, 117 East 77th Street, New York, New York, (Philip B. Matthews, Esq.) for a variance to the Zoning Or- dinance, Article XI, Section 100-118 D for permission to reinstate non-conforming, two-family use. Location of property: northeast corner of Greenwood Road and Tyler Lane, Fishers Island, Now York, bounded on the north by Fishers Island Ferry District; east by Fishers Island Ferry District; south by Fishers Island Development Co and Greenwood Read; west by Tyler Lane. being duly Sworn. let of t~e SUFFOLK :~t Greenport, in said ~mexed is a printed '~ffolk Weekb/ Times Dated: February 20, 1979 BY ORDER OF ............ weeks THE SOUTHOLD TOWN ~ ~.~ BOARD OF APPEALS ................. 1TF22-3168 ..... ................... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 261 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, March 1, 1979, on the following appeals: 7:30 P.M. (E.S.T.) Upon application of Richard Schlumpf, 32 Curtis Path, East Northport, New York (Abigail A. Wickham. as Attorney}, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient area and width and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Right-of-way off Spring Lane, Peconic, New York, bounded on the north by James, Mealy, Capobianco, Wood and Luc- ckoff; east by Richmond Creek; south by Bedell; west by Indian Neck. Lane. 7:40 P.M. (E.S.T.) Upon application of Marjorie M. Butterworth and Stephen Moore both residing at 12120 New Suffolk Avenue, Cutch- ague, New York for a variance, to the Zonmg Ordmance, Article Ill, Section 100-31 and' Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: New Suffolk Avenue. Cutch- ague, New York, bounded on the north by New Suffolk Avenue; east by Plimpton; south by Peconic Bay; west by Moore. 7:50 P.M. (E.S.T.) Upon application of William Doroski and Joseph Doroski, Water- view Drive, Southold, New York. (George C. Stankevich, Esq.) for a variance to the Zoning Ordinance, Article XIV, Section 100-141 (B) and for a variance in accordance with Town Law, Section 280A for approval of Access. Loca- tion of property: easterly side of Waterview Drive, Southold, New York, bounded on the North by Bergen and Boltman; east by Zebroski; south by Zebroski; west by Zebroski. 8:00 P.M. (E.S.T.) Upon application of Baldwin L. Humm, 51 Dumbarton Drive, COUNTY Oi: SUFFOLK STATE OF NE~/ YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVEl_ER-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 Jn said Long Island Traveler-Watch- man once each week for ............ /. .........................weeks successively, commencing on the .o~ .~... .............................. Swam to before me this ........................ day at Notar~r~Public FO~M NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ...................... Date .......................................... PLF_A~E TAKE NOTICE that your application dated ............................. ..~....~..~.. ....... !...~., ]9.'7"'-~"- for permit to ~ ............................. at the premises I~ated at .................................... M~p .................................... BIlk ............................................ Lot ................................................ is returned herewith and disappr~ on the following grounds ...~.~.~.~.~.~.~.~ .................... .~.~E.~ ....... .~ ...... w,~tL....~.. ~ .~ ( 9~.:.~..( ....... ~.& ........ : .... Building Inspector O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ... ~.~.~. ,....1~. ~... ~9.7 9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (we~) ...~,r.J.~r.~.L~.o.~..~...~.~.t,..~.~..~.~.~f ..~.~.g....~....~...~M.~.~..o.~.~..~....~g.~ ................. Name of Appellc~t Street and Number ......... (~.~.g.J~g~.~.,...Jjg.9,.~.l~..o..9.?~"..~..o..W~...,.....'. .......... i ..... .~..e..~..J..9..~.~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............. ................ i ...... DATED ........~.~ ................. n WHEREBY THE BUILDING INSPECTOR DENIED TO- Name of Applicant for permit of ,.~.~ ~.q .. ~ ~.. ~.~ ~..~'.~.. A¥.~.~.,...gM ~..q~.5~.~ ~...~.-..~... ............................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PermLt to d~vLde property 1. LOCATION OF THE PROPERTY ..Z~J~O,..~9,,~,..J~,~4:J',g,,~,.~,..~,,¥,~.;....C,,,~,,t,,,c,,b,,9~ ..................... Street Use District on Zoning' Mop Map 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 Ordi.nonce.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordir~3nce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Lows Art. ]6 5ac. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal xu~jj) (has nOt) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was mode 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 Form ZBI (Continue on other side) REASON FOR APPEAL O Continued O 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficultiesorunneces- sary HARDSHIP becau~ The Property o~ New Suffolk Avenue, Cutchogue, Jointly owned by my brother Stephen H Moore and me, consists of 84,000 square feet, according to the 1978 survey made by Van Tyle. However, the large .house, built in 1896 by our g~ra~dfather, Stuart Hull Moore is situated on the land in such a way that it can~ot be divided according to the zoning laws o~ today. Because the house ~s too large for us for present day living and the increased cost of its upkeep, it has become expedient to Sell a whole or a part. I aa requestln~ a variance in order that I might retaSn a part'o! the'property to build a small house in which to llve in pezmanently and. ior my ch[ldren to inherit a piece oi' the land which has b~en in the family over 150 yeazs. Attached is the survey of the property. 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 The property to the ~ajt, owned by Plimpton consists oima large house and remodelled garage and has ins~I'~lcient land 1or another dwelling. The property to the West, owned by tbs Douglas Moore family, the upla~d 1s such that it would not be pos~b~le £or it to contain another building. This was orlsimally pazt oi the Stuart H. Moore estate. Tbs whole was divided by common consent by his two cons, Douglas ~oore and Arthur S. Moore (my father) in 1933, the way It stands today. 3. The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ Should a variance be ~rantsd,'Lt would be my lnte,tLon to build on the western pazt a house at least 50 lest back from New ~uflolk Avenue. The house wo~ld be approximately 15OO square feet, would be a one or one s~d a half story building, constructed oi ~atu~al wood, in order to coniorm wl~ the othe~~ buildings on the property and those oi tbs neighbors. The side lacing the Bay would be no f~rther South t~an the back (techzAlcally i'ront) of the main house and that of the Mooze house, thereby leaving an ~nobstructed view between these two exietin~ houses and in no way inter, ere with the views of the lawns, Peconlc Bay and the meadows. The pr~passd dwelling wo~ld have a minimum of 15 feet on each aide of the property 1Lees. STATE OF NEW YORK ) ) ss COUNW ) Signature ........................ Sworn to this ................. ,.~....'~ .................. day of ................. ..~....~..-b...C.~..~,. ............ 19'77 ELIZABETH AIIN NL'VILI~ NOTARY PUBLIC. State of New York 11o. 52-8[25850, Suffolk Cou.~/~. ferrn Expires M8rch 30, ~9 ~arc~ 5,197,9~ Board of Appeals Town Clerk Building Southold, N.Y. 11971 Attention: Mr. Robert Gillespie Gentlemen: As co-owner with my sister Marjorie M. Butterworth of the property 12120 N~w Suffolk Average, Cutchogue; I am in complete agreement with the ~pplication to apply for a~riance to divide the property. This appeal was made before the Board on March 1st, 1979. Sincerely yours, Stephen H. Moore Hotel Windemere ~66 West End Avenue ew York, N.Y. 10025 11787 Town of Southold Board of Appeals March 6, 1979 Pursuant to the requirements of Sections 1323 to 133~ 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 a disapproval. ~pplicant Municipal File Number M. Butterworth & S. Moore 2522 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning CH:iF PLANNER TOWN CLERK Building Dept. Ptanning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-266O 765-1809 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... B~ard. Qf. Appeal~ ............. of the town of .... SOUthold ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..... ..X. ........ Variances Marjorie Moore Butterworth and Stephen Moore New Suffolk AVenue Cutchogue, New York 11935 Appeal No. 2522 Location of affected land: New Suffolk Lane, Cutchogue, New York within 500 feet of: (check one or more) ..... .X. ........ Town or village boundary line, or shore line ................State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Applicant was granted permission to divide property into two parcels. The original house parcel will contain 50,000 square feet the newly created parcel will contain 34,000 squareffeet, upon the role lowing conditions: the original house will be used as a ~ne-family dwelling with the stove removed from the second kitchen; the barn on the origieal parcel is not to be used as a residence; the house to be built on newly created will be no closer to New Suffolk Avenue than Dated= March 2, 1979 ($[~ned) Robert W. Gillispie, Jr. Chairman T/t/e Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. and no c~zoser than 20 feet to any lot line. As Mrs. Butterworth's petition.states, our grand- father's estate was divided by his two sons, Arthur and Douglas, by common consent. Since then our two families have lived beside each other with affection and goodwill, and we regret that we must make a strong objection to her appeal. We do so for two reasons.~ 1. We do not believe that the claim of hardship is Justified.. The petition states that the house is too large for present day living, but does. not mention the fact that it was divided in the 1950~, Just because of its size, into two practible households..Each is complete and self-contained with separate entrances, kitchens, etc. Two families lived there for many years, and recently Mrs. Butterworth has'~een living in one house and rentihg the other.. 2. We think that the character of the area would be drastically altered because: a.~Since the main house is already, a two-family house, with the addition of another house, three families would be living on the present single lot. This, we feel, would constitute .a disasterous overuse of the land. b..The-privacy which was ensured by the distance between the main house and the Douglas Moore house would be lost by the insertion of another house between them. Because of the inadequate frontage and the dimensions of the two new plots(long and narrow), the three houses would be very close together. c..This closeness will result in an alteration of the whole area which is presently made up of large houses set in adequate grounds.,The density would be out of keeping with the neighbQring plotS.. d..We are concerned with the additional demands on the water table as the Dougla. s Moore house is set on the edge of a salt marsh, as well as the long range sewage problems~ that might be raised.. e. The value of. the Douglas Moore house would be unquestionablynmuch diminished by the loss of privacy.. f. Finally, we would like to retire in the fairly near future to live permanently in our house, and we think that the Southold Town zoning laws represent an effort to protect a unique environment from growing overcrowding and urbanization.. In Objecting to the Petition of Mar~e Butterworth I, Sarah Moore, owning with my sister the property and the house adjoining Marjorie Butterworth state: My chief objection is overuse and overcrowding of the land. The house that exists already on the property of Stephen Moore and MarJorie Butterworth is a two-family house. It was so altered to be in the 1950's, and has been consistently used as such since then. During the past 6 or ? years one side of the house has been rented to tenants - Marjorie Butterworth and her family living in the other side. The building of another house on the property would permit three separate families to share th~/less than two acres. The size of the original house is excep~isnall~ large and when filled to capacity, as it has been on numerods~ occasions du~ing the last few years, it houses a great many people~ Excessive demands would certainly be made on the land with th? ceming *f the~new· house. Its resources would be over-used and the private and rural nature of the property would 6e diminished, if no~ destroyed. Further, in addition to the original house, there is a large barn. It has been used in past 'years ~s liv~ng~qu~.~rters and has the potential to be so used in the future. Again -- three structures, two of them enormous, seem excessive for the land in question and out of character with the surrounding houses. Since hardship is a question argued here, surely the creation of a new house, and the buying from her brother of the land on which to build it, would cost considerably more than the maintenance of the family home which has ~een self-supporting ever since it was first rented. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 6, 1979 To: Southold Town Zoning Board of ;%ppeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2522 application of Marjorie Moore Butterworth aND Stephen H. Morore for a variance. Also included are notification to adjoining property owners as follows: Mrs. Elizabeth Plimpton, New Suffolk Ave., Cutchogue, N.Y. 11935; Douglas Moore c/o Sarah Moore, 464 Riverside Drive, New York, N.Y. 10027. COPY BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of totheBoardofAppeals ~theTownofSouthold TO: Mre. El/zabeth PtLmpton New Suffolk Avenue Cutcho~ue, ~.y. 11935 NOTICE D~uglae Moore c/o Sarah Moore 464 Riverside Drive ~ew York, ~.y 10027 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) (Special Exception) (Special Permit) (the following relief: to divide property with lnlufi'LcLent width and area ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: :d - ~tew Suffolk Ave ue S - peconLc BaN E - wlimpt~n W - nou~la~ ~oore 3. That the property which is the subject of.a&Lch~Petition is located in the following zoning district: A - ~tial 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to build a house apProximately 1500 equal e leer. 50 feet from New Suffolk Avenue and 15 feet inelde each pzoperty line $. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- signedare: Article I~£, Section 100-31 and Bulk Area Parkini:' Scheaule / 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 ma)' then and there T 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: Feb. 5, 1979 Petitione~ ' Post Office Address BOX .~:)7, :dew Suifolk Ave Cutchogue, N.Y. 119335 NAME PROOF OF MAILING OF NOTICE ADDRESS 9L61 '~d¥ '008[ mJo~ Sd ,.,1 ~ ~ /~1 ,~1 ','/2 I I' a'"i' [ I ? .~ STATE OF NEW YORK ) / COUNTY OF SUFFOLK ) ss.: ' ~ ~ ~ ~ ~' . being duly Sworn, depos~ ahd says ~at ~ the ~ day of ~ ~ m ~ ~ ,19 ~, deponent mailed a true copy of the Notice set fo~h on t~e're- verse side k~e0f, direct~ to each of the above-named persons at the address~ set opposite thor resp~tive name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post rice at ~ u~ ~ ~,. ~ ~1 ._ ~. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ( - ' Sworn to before me this ~ Nth day of t~t ~ .19 ~ Notary Public ~/ ELIZABETH ANN NL~ILLB NOTARY PUBLIC, State of New York No, 5~-8125550, Suffolk County Term Expires March 30, 19 <~'~:) 6 2.9A(c } ~ 15.7A(c ) TOWN OF SOUTHOLD 7 17.6A [~} ' $.5A [c ) ~ 17 CASE ,ooRD. / "' 2.~A(¢) · I0 14 · ~ LeA 2,9A( 6 C*~Z'c"~ . $.8 A ( c ) 5.7A(c ' ~z,* : P~CONIC . ~.45 ~O _ .: . , ~ . '.~ ' '~ ~ . s~ s~c.,o,~