The URL can be used to link to this page

Home My WebLink About2503 TOWN OF SOD[HOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2503 Dated December 18, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Peter V. McPartland 45 Kew Gardens Road Kew Gardens, New York 11415 1979 DATE.~.,.....~z 1979 Appellant at a meeting of the Zoning Board of Appeals on January 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 excepiion under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 11, 1979 the appeal 1. SPECIAL EXCFPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) by confirmed because 8:35 P.M. (E.S.T.) Upon application of Peter V. McPartland, 45 Kew Gardens Road, Kew Gardens, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Waterview Drive; west by Wilkinson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ali properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (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 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. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant wishes to construct a house with insufficient front yard setbacks on the corner of Cedar Lane and Waterview Drive, Southold, New York. The Board agrees with the reasoning of the applicant that due to the irregular triangulation of the lot, it would be close to impossible to build a conventional style home. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spizit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that Peter V. McPartland, 45 Kew Gardens Road, Kew Gardens, New York, be GRANTED permission to construct a house with a 30 foot setback from Cedar Lane and a 30 foot setback from Water- view Drive, Southold, New York. Location of property: Waterview Drive and Cedar Lane, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Waterview Drive; west by Wilkinson. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. Legal Notice of Hearings -2- January 11, 1979 8:15 P.M. (E.S.T.) Upon application of John E. Lademann and Gail M. Lademann, Pine Neck Road, Southold, New York, (Abigail A. Wickham, as Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and frontage. Location of property: Alvah's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc.; west by Alvah's Lane; south by Blachly. 8:25 P.M. (E.S.T.) Upon application of William G. Wysocki, Orchard Street, Orient, New York, (Samuel J. Glickman, Esq.) for a variance in accordance with Section 280A of the Town Law for recognition of abcess. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by Latham; south by Latham; west by Long Island Lighting Company. 8:35 P.M. (E.S.T.) Upon application of Peter V. McPartland, 45 Kew Gardens Road, Kew Gardens, New York, for a variance in accordance with the Zoning Ordinance, Article III, S~ction 100-31 and Bulk Parking Schedule for permission to construct a house wit] insufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Waterview Drive; west by Wilkinson, 8:50 P.M. (E.S.T.) Upon application of the Estate of Jean F. Brown, Village Lane, Orient, New York, (Christopher S. Byszek, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- mission to divide propertyl Location of property: Village Lane, Orient, New York, bounded on the north by Hoffman and Godfrey; east by Village Lane; south by Horne and Norklun; west by Oyster- ponds Lane. 9:00 P.M. (E.S.T.) Upon application of Colony Cabinets, Inc. ~Robert Annison, as Agent), North Road, Southold, New York, for a 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, January 11, 1979, on the following appeals: 7:40 P.M. (E.S.T.) Upon application of Gary Flanner 01sen, Main Road, Mattituckn New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61, Article XI, Section 100- 112 and Bulk Parking Schedule for permission to convert existing building (non-conforming~ business building) with insufficient side and rear yards and in- sufficient parking for proposed use. Location of property: Main Road, Mat- truck, New York, bounded on the north by Mattituck Presbyterian Church; east by Main Road tS. R. 25); south by Lawlor; west by Mattituck Presbyterian Church. 7:50 P.M. (E.S.T.) Upon application of Southold Savings Bank, Main Road, Southold, New York (Richard F. Lark, Esq.) for a variance in ac~.oraance Wltll tile Zoning Ot-dinance, Article II, Section 100-23 E; Section 100-35 A; Article VII, Section 100-70; Article XII, Section 100-121 A & B for permission to con- struet a fence six feet high in the front yard area. Location of property: Yoangs Avenue, Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman and Rich; west by Yoangs Avenue. 8:00 P.M. (E.S.T.) Upon application of Rita Cooke Wogiom Main Road, East Marion, New York (Rudolph H. Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking schedule for permission to di- vide property with insufficient road frontage. Location of property: Main Road, East Marion, New York, bounded on the north by Hicks; east by Rand; south by Main Road (S.R.25); west by Jayne and Sloan. 8:15 P.M. (ES.T.) Upon application of John E. Lademann and Gail M. Lademann, Pine Neck Road, Southold, New York, (Abigail A. Wickham, as Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for per- mission to divide property with insufficient area and frontage. Location of property: Alvab's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc.;; west by Alvab's Lane; soutb by Blachly. 8:25 P.M. (E.S.T.) Upon application of William G. Wysocki, Orchard Street, Orient, New York, (Samuel J. Glickman, Esq.)for a variance in accordance with Section 280A of the Town Law for recognition of access. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by Latham; south by Latham; west by Long Island Lighting Com- pany. · 8:3~ P.M. a_pplication of Peter V. Mc- Pa~'tIand. 45 Kew Gardens Road, Kew Gardens, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to construct a house with in- sufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson: east by Cedar Lane; south by Waterview Drive; west by Wilkinson. 8:50 P.M. (E.S.T.) Upon application of the Estate of Jean F. Brown, Village Lane, Orient, New York, (Christopher S. Byszek, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property. Location of property: Village Lane, Orient, New York. bounded on the north by Hoffmun and Godfrey; east by Village Lane; south by Horne and Norklun; west by Oysterponds Lane. 9:00 P.M. (ES.T.) Upon application of Colony Cabinets, Inc. (Robert Anni- son, as Agent), North Road, Southold, New York, for a special exception to the Zoning Ordinance, Article VI, Section 100-60 B for per- mission to operate a kitchen cabinet showroom and workshop. Location of property: North Road tC. R. 27L Southold, New York, bounded on the north by North Road (C. R. 27),; east by North Road Associates; south by Goldsmith; west by Klein. 9:15 P.M. (E.S.T.) Upon application of William Engel, Beachwood Road, Cutchogue, New York,(Mattitack House Movers, as Agent) for a varmnce m accordance w~t~ the Zoning Ordinance, Article III, Section 100-32 for per- mission to relocate a garage in the front yard area. Location of property: Beachwood Road, Cutchogue, New York, Lot No. 2, Map of Beachwood Colony, Cutchogue, New York. 9:25 P.M. (E.S.T.) Upon application of William T. Ferris and Joan B. Ferris, 1035 Theresa Drive, Ma- attituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct a greenhouse in the side yard area. Location of property: Theresa Drive, Mattituck. New York, known as Lot No. 37, Deep Hole Creek Estates, Mattituck. New York. Dated: December 28, 1978. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS LEGAL NOTICE Notice of Hearings Pursuant to Section 267 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, January 11, 1979, on the following appeals. 7:4; p.m. (E.S.T.) Upon application of Gary Flanner Olsen, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61, Article Xl, Section 100-112 and Bulk Parking Schedule for permission to convert existing building (non- conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: Main Road, Matti- tuck, New York, bounded on the north by Mattituck Presby- terian Church; east by Main Road (S.R. 2S); south by Lawlor; west by Mattituek Presbyterian Church. 7:50 p.m. (E.S.T.) Upon application of Southold Sav- ings Bank, Main Road, South- old, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article 11, Section 100-23 E; Section 100-3S A; Article VII, Section 100-70; Article Xll, Section 100-121 A & B for permission to con- struct a fence six feet high in the front yard area. Location of ~r,p,p~. Younlzs Avenue, a~lication of Peter V. Mc P_~trtland. 45. Kew Gardens Road, Kew Gardens, New York. for a variance in accor- dance with the Zoning Ordi- nance, Article 111, Section 100-31 and Bulk Parking Sche- dule for permission to con- struct a house with insufficient front yard setback· Location o! property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Water- view Drive; west by Wilkin- 8:50 p.m. (E.S.T.) Upon application of the Estate of Jean F. Brown. Village Lane, I' Orient, New York (Christopher S. Byszek. Esq.) for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Parking Sche- dule for permission to divide property. Lo~aiion Of property: Village Lane, Orient, New York, bounded on the north by Hoffman and Godfrey; east by Village Lane; south by Home and Norklun; west by Oyster- ponds Lane. q:00 p.m. (E.S.T.) Upon application of Colony Cabi- nets. Inc. (Robert Annison, as Agent), North Road, Southold, New York, for a special exception to the Zoning Ordi- nance, Article VI, Section 100-b0 B for permission to operate a kitchen cabinet showroom and workshop. Lo- cation of property: North Road (C.R. 27), Southold, New COUNTY OF SUFFCLK ss: STATE OF NEW YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspoper printed et Southold, in Suffolk County; ~nd thot the notice of which the onnexed is o printed copy, hos been published in said Long Islond Troveler-Wotch- rnon once eech week for .......... J[ ............................ weeks successively, commencing on the ....... ~.. .............................. Sworn to before me this ~) day ot ................. ........... ............ ...... Notary Public TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. D^ T, TO THE ZONJ.NG BOARD OF APPEALS, TOWI~OF SOUTHOLD, N. Y. ~ Name of Appellant Street and Number .................... Municipality WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.~4~.~.~.~/~..~.~:d~-.~?~.~.~/.~.~/~x'-/- ~_x~_~/~.~_~_~ ×./-~_ t~t~-~7~xx~' Llse~.~;.~.~:.~fDistrict on Zoning Map 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 Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ( 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 A Variance to the Zoning Ordinance ~s requested for the reason that l~rm ZB1 (Continue on other side) REASON FOR APPEAL O Continued O I. STRICT APPLICA~N ~OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because~Y...~j~.~o,~'~.~ z~f./-~/~-~:~',,~'~/~ ~'~,~-'~,,~' ~~ 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~ ~.~-//~/-:<~___dx/,,~/z- 7~J'/,~/~/~.~,~ 3. The Variance would observe the spi~f~e Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~~ ~~ ~/~~ ~/~ STATE OF NEW YORK ) ) ss COUN' ' Sworn to this .......... /.~4 ................... day of ....... ..~.~.~-.~.~.~.. ............ 19~o~' Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of flew York No. 52-8125350, Suffolk CouJ~tyty Term Expires March 30, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 18, 1978 To; Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is z ~ning Appeal No. 2503, application of Peter V. McPartland for a variance. Also included is notification to adjoining property owners as follows: Mary M. Getoff,ll01 A WestArron Drive,State College, Penn 16801; Roy C. Wilkinson, Southold, New York 11971; Franklin Johnson, Cedar Lane, Southold, New York 11971. JTT/bn cc:file Enc./ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ..~.~...~..~...,....~...~_y..~ ........ ./. . ./. .~ 2: P,E^sE T^KE NOT,CE thor ~o,,~ ~,,~,,o~ ~ ~~~...~.~.., ,~..Z~ ~.~.. ~/.....~.~ ........ ~ ~ ~.~..Z~.... ~o~k .............. ~.....~.....~ .............. ~o, .......... ~ ............ ~..~ ............ ~ returned herewith and disapproved on the following grounds~~..~.~.~..~ ~.~....~.~...~.~ ......... ~...~ .................................................... .......~ ............. ........................................................................................ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the T6Wn of Southold to request a'~Variance) (Special.Exception) (Special Permit) (the following relief: 2. That the [~r:gperty which is th~%ubject of the Peti~on is located adiac~nt to your property apd~is d.es- cribed as follows: ~//0/~,~'~/~ 0~/'~4/+'.~'/~/~-~ ~ d~ ~/~/~ ~/j~/~~ 3. That the property which is the subject of such~Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~ ~--~f~'~/~- That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' 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 $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. / Petitioner Post O. ffice_,a>ddress.-~ ~.~ PROOF OF MAILING OF NOTICE NAME ADDRESS 9L6T STATE OF NEW YORK ) COUNTY OFSUFFOLK) ss.: , being duly sworn, de'pose~and says that ~n the (~'~) day of ~.~'c(',~'~'~/-.- ,19 7c~ , 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:~e~;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 asses_xnlent roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fic~ at . ~-~,. ~. (~2k'4~-ok~ ; that said Notices~t~r~ mailed to each of..~id persons by c~rtifie~ (registered) mail. ~ // / J Sworn o before me this I g % day offs- t ~ r~o~vv- ,19 ~ . Notary Public NOT^~Y PUBLIg, State 0f ~ew Y0r~ No. 52-8125850, Suffolk Co$9 Term Expires March 30, l~ 0 0 hereinaher described as the imrchaser. WITNESSETH, that the seller agrees to sell and ,mvey. and il,. i~,rchaser agrees h) pl~rchnse, all that certain ph,t. piece or parcel of land. with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold~ County of Suffolk and State of New York, and being more particularly bounded and described &e follows8 COMI~IICZ~G at a point on the northerly side of Water Vie~ Drive, ~hiah point is the intersection of the northerly line of Water Vie~ Drive and the ~eeterly line of Cedar Lane, being the southeasterly corne~ of the premises herein described! running from said point of beginning in a general northerly direction along tho westerly line of Cedar bane 99.00 feet, more or less, to lands of Hoonay~ running thence in a general ~eeterly direction along the lands of Hooney 185.00 feet, more or less, to a point~ thence stllllalong the land of Nooney in a general northwesterly direction 25.00 feet to a point~ running thence in a general southerly direction along other land :uli~l Zebroski, a distance of 60.00 feet, more or less, to the northerl~ line of water View Drivel running thence in a general easterly direction along the northerly line of #afar View Drive 200.00 feat to the point or place of BEGXIIIIZNG. BEZ~GA~D INTENDED TO BE the same premises conveyed to the Seller herein by deed dated September 14, 1974 and recorded in the Suffolk County Clerk*s Office on September 16, 1974 in Liber 7714 page 290. I. This sale includes all right, title and interest, if any, of the seller m ami to any land lying in tile hecl of any street, road or avenue opened or proposed, in front of or adioining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof ami in and lo any unpaid award for damage to said premises by reason of change of grade of any street: and the seller will execute and deliver to tile purchaser, on closing of title, or thereafter, on demand, all proper instruments for the col~veyance of such title al~d the assignment and collection of any such award. o o ~0 9 ~'$ 4 (e) I,E: 4 ¢0 ~0 ¢c) (~ COUNT'~ Real Property H. Russe