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HomeMy WebLinkAbout2429 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF A~PEALS AppealNo. 2429 Dated May 19, 1978 ACTION OF TITE ZONING BOARD OF APPEALS OF ~E TOVfN OF SOUTHOLD To Joan A. Bayley 55 West 16th Street New York, New York (Rudolph Bruer, Esq.) DATE.~...~.f. 1978 AppeLlant at a meeting of the Zoning Board of Appeals on June 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 Ordinance ( ) 15, 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decislon of the Building Inspector ( ) be reversed ( ) be confirmed beeanse 7~45 P.M. [D.S.T.) Upon application of Joan A. Bayley, 55 West 16th Street, New York, New York, (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property on a private right of way. Location of property: Right of way on south side of Sound View Avenue, Southold, New York, bounded on the north by Sound View Avenue; east by Vilar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jarosz. 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 (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate virinity 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 After investigation and inspection the Board finds that the applicant requests permission to divide a parcel of land containing 2.3 acres which is located on a private right of way off Sound View Avenue, Southold, New York. The findings of the Board are that the division of the land will create two building lots, similar in area of 1.168 acres, which more than meets the zoning requirements of the Town of Southold Zoning Ordinance. The division of the parcel will not change the character of the neighborhood due to the fact there are several smaller lots and larger lots in the surrounding area. The Board finds that strict application of the Ordinance will 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 this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED that Joan A. Bayley, 55 West 16th Street, New York, New York, (Rudolph Bruer, Esq.) be GRANTED permission to divide property on a private right-of-way on the south side of Sound View Avenue, Southold, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. RECEIVED AND ~/LED BY THE SOUilt©LD 7OWi~ DATE 7- 7- 7~ H~UR ~,'~ To~ ~e~k, To~ ~ ~uthold 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 IIYork, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, June 15, 1978, on the following appeals: 7:35 P.M. (D.S.T.) upon application of J. Corp. , 935 Watersview Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100~70 for permission to construct a new business building with a dwelling above. Location of property: County Road (Route 27), Peconic, New York, bounded on the north by North Road, south by Suffolk County, east by Suffolk County and west by Gralton. ~ 7:45 P.M. (D.S.T.) upon application of Joan A. Bayley, 55 West C. Cornell Constructili l~th Street, New York, New York, (Rudolph H. Bruer, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, 100~31 and Bulk and Parking Schedule for permission to divide property on a private right of way. Location of property: R~%ght of way on the south side of Sound View Avenue, Southold, New York~ bounded on the north by Sound View Avenue; east by Vilar ~acob±, and Schur; south by Morris and Lombardi; and west by Town o~ $outhold and ~arosz. . ~ 7:55 P.M. (D.S.T.) upon application of Incorporated Long Island Chapter of the New York Archaeological Association for a special exception l~n accordance with the Zoning Ordinance, Articel III, Section 100-30 C 6 f for permission to erect an off-premises directional sign on the corner of Ackerly Pond Rc_~ and Route 25 Southold, New York. Bounded on the north by Ackerly Pond Lane; east by Main Road, south by Frieda Ruppel; and west by Ackerly Pond Lane. LEGAL NOTICE NOTICE OF HEARtNCpS Pursuant to Section ,,Z~7, of the Town Law ~nd the provisions of the Amended Building Zone Ordinance of York, public hearings~vill-~be held by the Zoning Bon~ o1' Appeals at the Town i-lalif Main Road, Sontheld, New York, on Thursday, June 15, 197~, on the followingappeais: 7:35 P.M. (D.S.T.) application d J. C. Cernell Construction Corp., 935 Waiersview Drive, ~o~thold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-?0 for perp~s_ i.~ to construct a n~v.bflsin~ss building wi. th. La above. Location of prol~: County Road (Route 27), Pceonic, New York, bounded on the north by North Road, south by Suffolk County, east by Suffolk County and west by Grallon. ~7:45 P.M. (D.S.T.)~ upon~ al)l)lication of Joan A. Bav[ev. 55 West 16th Street_ New York. Rrut~r Atiorn~y) 'for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property on a private right of way. Location of property: Right of way on the south side of Sound View Avenue, Sonthoid, New York, bounded on the north by Sound View Avenue; cast by Vilar, Jacobi, and Schar; south by Morris and Lombardi; and west by Town of Sonthold and Jarosz. 7:55 P.M. (D.S.T.) upon application of Incorporated Long Island Chapter of the New York Archaeological Association for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off- tPhromises directional sign on e corner of Ackerly Pond Lane and Route 25 Scuthola, New York. Bounded on ~e north by Ackerly Pond Lane; east by Main Road, south by Frieda Ruppel; and west by Ackerly Pond Lane. 8:05 P.M. (D.S.T.) upon application of Willow Point Association, Bay Home Road, Scuthoid, New York, for a special, exception to the Zoning Ordinance, Articie III, Section 100-30 C 6 f for per- mission to erect an idon- tification sign. Location of property: Lot No. 1, Map of Willow Point, Sonthoid, New York. S:15 P.M. (D.S.T.) upon application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk and Parking Schedule, for permission to construct a dwelling, with insufficient front and rear yards. Location of property: Lois 28 and 29, and part of 30 and 31, on Map No. 1097, Map of Bailey Park, Peconic, New York. 0:30 P.M. (D.S.T.) upon application of Henry P. Wickham, c-o Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off a lot with insufficient area and width. Location of property: east side of New Suffolk Lane, New Suffolk, New York, bounded on the north by Henry P. Wickham; east by Cutchegue Harbor; south by William Wickham; and west by Henry P. Wickham. 8:40 P.M. (D.S.T.) upon application of Margery D. Burns, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to have residential homes in a business district. Location of property: Main ,Road, Southold, New York, bounded on the north by A. Bender; east by A. Bender; south by Main Road; and west by L~ Edson. 9:50 P.M. (D.S.T.) ~pen application of Margery D. Burns, Main Read, Southold, New York, for a special ex- ception in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to have residential homes in a ~)nsiness district. Lceahon of property: Main Road, Southold, New York, bounded on the north by A. Bender; east by A. Bender; south by Main Road; and west by L. Edson. 9:10 P.M. (D.S.T.) upon application of Catherine N. Monr-Jankowski (Donald E. Mahoney, Attorney), Village Laqe, Orient, New York, for a variance ~n accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, for permission to set off lot with insufficient area and width. Location of proper,y: Village Lane, Orient, New York, bounded on the north by W. Schriever; east by W. Schriever; south by Lionetti, and Kripieski; and west by Village Lane. Dated: Jane 6, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ8-29~ _ ;ing duly Sworn, ·. is Printer and Publisher of the SUFFOLK $. a newspaper published ~'t Greenport, in said [ the notice, of which the annexed is ~ printed published in the said Suffolk Weekly Times ~k, for ......... .0..NE. .............. weeks nmencing on the ..... EIGHTH ............ 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, June 1S, 1978, on the following appeals. 7:35 p.m. (D.S.T.) upon application of J.C. Cornell Construction Corp., 935 Watersview Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 for permission to con- struct a new business building with a dwelling above. Loca- tion of property: County Road (Route 27), Peconic, New York, bounded on the north by North Road, south by Suffolk County, east by Suffolk Count nd west by Gralton. ,mm · 7:45 p.m. (D.S.T.) upon application of Joan A. Bayley, 55 West 16th Street, New York, New York, (Rudolph H. Bruer, Attorney), for a vari ance in accordance with the Zoning Ordinance, Article lIl, Section 100-31 and Bulk and Parking Schedule for persmls sion to divide property on ; private right of way. Locatior of property: Right of way o the south side of Sound Vie, Avenue, Southold, New Yorl~ bounded on the north Sound View Avenue; east Vilar, Jacobi, and Schur; sot by Morris and Lombardi; and west by Town of Southold and , Jarosz. ~ 7:55 p.m. (D.S.T.) upon application of Incorporated Long Island Chapter of the New York Archaeological As- sociation for a special excep- tion in accordance with the Zoning Ordinance, Article I11, Section 100-30 C 6 f for permission to erect an off- premises directional sign on the corner of Ackerly Pond Road and Route 25 Southold, New York. Bounded on the north by Ackerly Pond Lane; east by Main Road, south by Frieda Ruppel; and west by Ackcrly Pond Lane. 8:05 p.m. (D.S.T.) upon application of Willow Point Association, Bay Home Road. Southold, New York, for a special exeption to the Zoning Ordinance, Article Ill, Section COUNTY OF SUFFOLK STATE OF NEVV YORK Patricia 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 successive~, commencing o~ the '"'~"~i~' ........................... ,- ....... ........ /.~,wom to before me thhi ¢ day TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ....... 2A29 ................................................. Date ............ J~t.n~..§.t ........................... , To ....J~..~.,...J. Qa~,..A,~ ..,~a~.l~. ........................ .......... ~.5... ~.~ ~.t... 1 fi.tJx..,S ~,~.e ~t; ........................ .......... Hew...Yo~k.,...]~ew...Ynrk .......................... PLEASE TAKE NOTICE that your .application dated ....................... Ma.~..1.~ .............. , 19.?.8... · divide, property of 2. 335~ ~rp~h~ises located at ..P.r.i~,&te..r4Lgh*;..of way for permit to (3~I~I#~lCX ....................................... Map .................................... Block ............................................ Lot ................................................ is returned he?with and dlsapproved on the followlng grounds ........~.......~.~..,,~.'..!L,~.f......~.~... ................. ~.L..~:.::.~..~ ....... ....~.........~.~. ~.. ~...~:~:~.....~.:.....~:??...>, ~-~.,,.~/ · ...... ....... .~..~,:.<:( .../..t..~.-::.'i: ........ c(..'? ~,,~.Y. ..... .~-~,~,~ ,~,~ ~, 'f~ ~,~ ~,,Z" ........... ~,~.T'"'" ~ ~ ............................................ ~£ff,,~,_~< / . ~,.~_";."; ................ ..~..~:......~: Building Inspector /£O0- 5~-- .,~-' y George Fisher O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ...5../...1..9../.. ,7. 8. ............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .... ~..°.~...~.:...?.Z.z.~Z ............................ of .....5..5.....w..e...s.~....z..6.%h.....s..~?..e.~. .......................... Name of Appella,nt Street and Number New York .................................................................................................. · ~..r.....~.r. ........... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~..~..,...'..~..~..~.... ................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Joan A. Bayley Name of Applicant for permit of ............ .5..5.....w..e...s.~....z..6..~.h.....s..~.e...e.~.,...~.e.~ ..X..o.~.~.,....~.e..~..~.o..~..~....z..0. 9..z..z.. ......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...R..i..(~.h..t.~..~.~....W..a.y..~..~.f..~..S..q.u...n..d..~.~A..v.~e.z....~.A...~.R...e..s..%.~9.~ia~ Street Use District on Zoning Map None None 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.) Article III 100-31 Bulk & Parking Schedule 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 (JCl) (has 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 ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that Applicant wishes to divide property on private right of way 1~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesocunneces- sary HARDSHIP becau~ Applicant would have one parcel of property consisting of 2.335 acres and would require excessive maintenance and expense to own as one lot because of the long (543.56 ft.) road front on private right of way. 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 this piece of land has so much road front that it is ideal for 2 plots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in all respects the property, as divided, would conform to all the requirements of the present Town ordinance, except that Variance to Section 280A of the Town law would be re- quired and said application has been made and is presently being considered by this Board. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this ................ .1...9..t...h. .................... day of ...... ~'Y .......................................... 19 Joan A. Bayley 78 ~' Notary Public ~ R ~ARY DIANA ~'O~TE NOTARY pUBLIC, State oJ He',v York No. 52-46552/12, Sulfolk County Commissio~ Expires Malch 30, ).979 Southold Town Board of Appeals MAIN ROAO-STATE ROAD 25 SOUTHOLO, L.I,, N.Y. 11g'7'1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 7, 1984 Mr. and Mrs. Robert Wissmann 104 Concourse East Brightwaters, NY 11718 Re: Appeals No. 2429 and 2408 Property ID No. 1000-59-9-4.2 Dear Mr. and Mrs. Wissmann: Enclosed for your records are copies of the following concerning your premises located on a private right-of-way off the south side of Soundview Avenue, Southold: (a) Appeal No. 2408 - Variance rendered June 15, 1978 granting approval of access of this right-of-way; (b) Appeal No. 2429 - Variance granting approval of the subdivision rendered June 15, 1978, and further approved by the Southold Town Planning Board in its grandfather clause [Section 106-53] rendered September 23, 1980. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAI~RM/~ . . ~ ,~7 .~ 14 Hart Street Port Jefferson Stations New York 11776 June 7~ 1978 Board of Appeals Town of Southold Main Road Southold, New York 11971 Dear Ladies and/or Gentlemen: In the matter of the petition by Joan A. Bayley to the Board of Appeals of the To~m of Southold regarding a variance application to divide property on a private right of way off Soundview Avenue, scheduled to be heard on June 15, 1978, please be advised of the following: We, as o~mers of residential land adjacent to said property and upon which we are presently building our future home, having serious con- cerns regarding the effect of said requested division, do respectfully request a postponement of said hearing for a period of at least thirty (B0) days to enable us to gather pertinent data for the purpose of making a presentation at said hearing. Thank you. Sincerely, Shelia Schur Rudolph H. Bruer as Attorney for Joan A. Bayley ~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 26, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2429, application of Joan A. Bayley for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Robert Schur, 14 Hart Street, Port Jefferson Station, NewYork 11776; Mr. & Mrs. Henry R. Jacobi, Sr., Soundview Avenue, Southold, New York 11971; Mr. Michael J. Morris, Main Road, Southold, New York 11971; Mr. Arthur Spurway, Soundview Avenue, Southold, New York 11971. JTT/bn cc:file Enc./ O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Joan A. Bayley : : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. Robert Schur Mr. and Mrs. Henry R. Jacobi, Micheal J. Morris Arthur Spurway NOTICE Sr. YOU ARE HEREBY GIVEN NOTICE: to request a (Variance) 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold o 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See attached survey~ 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the following relief: Applicant wi shes to divide property on private right of way. 5. That the provisions of the Southold Town Zoning Code applicable~t9 the~ re. lief sought by the under- signed are: Section III 100-31 Bulk & Par~ing ~cneau~e 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 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 ri ght to app ear and be heard at such hearing. Dated: May 26, 1978 ,, ~--.--'~/e~loner R~dolph H. Bruer, as Attorney for Joan A. Bayley Post Office Address Main Road Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. and Mrs. Robert Schur Mr. and Mrs. Henry R. Jacobi, Sr. Mr. Micheal J. Morris Mr. Arthur Spurway 14 Hart Street Port Jefferson Station, New York 11776 (no number) Soundview Avenue Southold, New York 11971 (no number) Main Road Southold, New York 11971 (no number) Soundview Avenue Southold, New York 11971 STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: Mary Diana Foster , residing at McCann Lane, Greenport, New York , being duly sworn, deposes and says that on the ;26th day of May ,19 78 , 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 Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, 51ew York ; that said Notices were mai~ed to each of said persons by (certified) (:~Je~e~l~[ mail. Sworn to~_e me this 26th RUDOLPH H. NOTARY PUBLIC, State of No. 52-0~6553U - S~ff~lk County ~omraissJon ~xp~tes March ~50u~Ot.o .?. GREAT POND (LEETONS LAKE] SUFFOLK COUNTY 25 308 A (c) Legend