HomeMy WebLinkAbout2430 TOVYN OF ~OUTHOLD, N~W YORK
ACTION OF THE ZON~qG BOAKD OF A~PEALS
Appeal No. 2430 Dated May 31, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Margery D. Burns
Main Road
Southold, New York 11971
DATE J.ul.y._..3..p. 1978
Appellant
at a meeting of the Zoning Board of Appeals on June
was considered and the action/ndicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a speclal 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 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 ( ) be
confirmed because 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 res±dential 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.
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 all 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
BOARD OF APPEALS
After investigation and inspection the Board finds that the
applicant requests permission to have a second residence on a B-1 business
property. If the property were developed to its full business potential,
it would vastly increase the density of the property.
The Board finds that strict application of the Ordinance will pro-
duce 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 ob-
serve the spirit of the Ordinance.
On motion of Mr. Grigonis, seconded by Mr. Gillispie, it was
RESOLVED, Margery D. Burns, Main Road, Southold, New York, be
GRANTED permission to have a second residential home on a business zoned
lot. 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, subject to the following condition:
Approval of Suffolk County Planning Commission.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
and Doyen.
RECEIVED AND ~/LED BY
Ti~LE SOU'i'HOLD ~0 ~
DATE ?- 7-7~ HOUR
Town Cl,d~, Town of 8outholcl
8:05 P.M. (D.S.T) upon application of Willow Point Association,
Bay Home Road, Southold, New York, for a special exception to the
Zoning Ordinance, Article III, Section 100-30 C 6 f for permission
to erect an identification sign. Location of property: Lot No.
1, Map of Willow Point, Southold, New York.
8:15 p..M. (D.S.T.) upon application of Michael A. LoGrande,
63 Pinedale Road, Hauppauge, New York, for a variance in accord-
ance 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:
Lots 28 and 29, and part of 3~ and 31, on Map No. 1097, Map of
Bailey Park, Peconic, New York.
8:30 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,
i 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 Cutchogue 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.
8:50 P.M. (D.S.T.) upon application of Margery D. Burns,
'Road, Southold, New York, for a special exception in accordance
?with the Zoning Ordinance, Article III, Section 100-30 for per-
imission to have residential homes in a business district. Loca-
~tion 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.
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 Soathold, New
York, public hearings will be
held by the Zoning Board of
Appeals at the Town Hall,
Main Road, South01d, Now
York, on Thursday, June 15,
197~, on the following appeals:
7:35 P.M. (D.S.T.) upon
application of J. C. Cornell.
Construction Corp., 935
Watersviow Drive, Santhold,
Ne~' York, for a variance in
accordance with the Zoning
Ordinance, Article VII,
Section 100-70 for permission
to construct a new bnsinsss
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 16th Street, New York,
New York, (Rudolph H.
Bruer, Attorney), for a
variance in accordance with
~he 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, 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 Scuthold and Jarosz.
7:55 P.M. (D.S.T.) upon
appllcalion of Incorporated
Long Ishnd 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-
premises directional sign on
the corner of Ackerly Pond
Lane and Route 25 Southol~l,
New York. Bounded on ti~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,
Southold, New York, for a
specia~, exception to the
Zoning Ordinance, Articie III,
Section 100-30 C 6 f for per-
mission to erect an iden-
tffication sign. Location of
property: Lot No. 1, Map of
Willow Point, Snathold, New
York.
8:15 P.M. (D.S.T.) upon
application of Michael A.
LoGrande, 63 Pinedale Road,
Hau. ppeuge, Now York, for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-30 and Bulk
proper Village Lane,
Orient, hew York, bounded on
the north by W. Schriever;
~zast by W. Schriever; south by
Lionetti, and Kripinski; and
we~t by Village Lane.
Dated: June 6, 1978
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
and Parking Schedule, for~- ITJ8-29~
permission to construct a ~AVbum ~eing duly Sworn.
dwelling with insufficient
front and rear yards. Location is Printer and Publisher of the SUFFOLK
of property: Lots 28 and 29, ' '' '
and part of 30 and 31, on Map
No. 1097, Map of Bniley Park,
Peconic, New York.
8:30 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
Schednie 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 Cutchogue Harbor;
south by William Wickham;
and west by Henry P.
Wickham.
~ 8:40 P.M. (D.S.T.) upon
· a~vhcation ot Mar~,ery
[ .Bar,ns~ Main Road, ~u[hold,
~ 'New York, for a variance in
accordance with the Zoning
Ordinance, Article VII,
Seclion 100-70 and Bulk
Schedule for permission to
have residential homes in a
business distr/ct. 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.
~' $:50 P.M. (D.S.T.) upon
application of Margery D.
Burns, Main Road, Southold,
New Ynrk, for a special ex
ception in accordance with th~
Zoning Ordinance, Article III
Section 100-30 for permlssio~
to have residential homes in a
business ~llstrict. Location of
property: Main Road,
Southold, New York, bounded
on the north by A. BendeT;
east by A. Bender; south
Main Road; and west by ~
,Edson.
9:10 P.M. (D.S.T.) upon
application of Catherine N.
Moor-Jankowski (Donald E.
Mahoney, Attorney), Village
Lane, Orient, New York, for a
variance in 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
ES. a newspaper published ~t Greenport. in said
,at the notice, of which the annex~! is u printed
n published in the said Suffolk Weekly Times
reek, for Olq~ weeks
ommencing on the ...EIGH~I-I ...............
Y~., ~...~_.~/~19
~re-, me this .. l .). 0.. ~. i
NANCY R.
NOT/~Y PUBLIC, State of New
R~d~.ing in Suff~
~on ~ ~ ~ 1~.~
Location of property: Lot No.
1, Map of Willow Point, South-
old, New York.
8:1S p.m. (D.S.T.) upon
application of Michael A. Lo-
Grandc, 63 Pinedale Road,
Hauppauge. New York, for a
variance in accordance with
the Zoning Ordinance, Article
I11, Section 100-30 and Bulk
and Parking schedule, for
dwelling with insufficient front
and rear yards. Location of
property: Lots 28 and 29, and
part of 31 and 31, on Map No.
1097, Map of Bailey Park,
Peconic, New York.
8:30 p.m. (D.S.T.) upon
application of Henry P. Wick-
ham, c/o Abigail A. Wickham,
Esq., Main Road, Mattituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article ltl, Section
100-30 and Bulk Schedule for
permission to set off a Iht with
insufficeint 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 Cutchogue
Harbor; south by William
Wickham; and west by Henry
Wickham.
~'8:40 p.m. (D.S.T.) upon'~
Iapplication of Margery D.
Burns, Main Road, Southqld,
New York, for a variance in
accordance with the Zoning
Ordinance, Article VII, Section
100-70 and Bulk Schedule for
p~rmission 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. ,a~
8:S0 p.m. (D.S.T.) upon
'application of Margery D.
Burns, Main Road, Southold,
New York, for a special excep-
tion in accordance ~vith the
Zoning Ordinance, Article III,
Section 100-30 for permission
to have residential homes in a
business district. Location of
property: Main Road, South-
old, 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.
Moor-3anowski (Donald E.
Mahoney, Attorney), Village
Lane, Orient, New York, for a
variance in accordance with
the Zoning Ordinance, Article
IlL Section 100-31 and Bulk
Schedule, for permission to set
off lot with insufficient area
and width. Location of pro-
perty: Village Lane, Orient,
New York, bounded on the
north by W. Schriever; east by
W. Schriever; south by Lion-
ertl, and Kripinski; and west
by Village Lane.
Dated: June b, 1978
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF APPEALS
IT-h/8 {511)
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ............. ~,4~0 .......................................... Date ....... J. ur~..,5~ ................................ , 197..$...
....... SouthoLd.,...l~e~..¥o=k....~ll~l .............
PLEASE TAKE NOTICE that your application dated ......................... May...31 ~ .......... , 197~....
for permit to construct ........................................ at the premises located at ....................................
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following ~'~' ¢ ~ ~-.
......... .................................................................................
N - A Bender
E - A. Bender
S - Main Road
W - L. Edson
Building Inspector
George Fisher
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING iNSPECTOR
APPEAL NO.
DATE . ..~....'~..'...7..~.....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,
,. ..... ................ ...........................
~l~,lor~e ot/^ppellon~ ~treet and Number
............... .......................................... APPEAL TO
Municipality / 5tat~
Nome of Applicant for permit
of
Street end Number Municipality State
( PERMIT TO USE
) PERMIT FOR OCCUPANCY
( )
Street Use District on Zoning Mop
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zor~ing Ordino.n~g~mber. Do not quote the ,Ordinance.)., ,.~
3. TYPE OF APPEAL Appeal is mode herewith for
(~" A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows
Art. ]6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (J~) (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 o variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(~'/~ Variance to the Zoning Ordinance
( )
is requested for the reason that
~'o~rn ~.~! (Continue on other side)
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE wou~d produce practical difficu~tles or unneces-
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 ....~-~_~_. ~,~,~j/ ~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CPIARACTER OF THE DISTRICT because .~._~
STATE OF NEW YORK )
) ss
COUNTY OF~'I/'~"'J~ )
Sworn to this ............ .~./~,~."'~.. .................... day of ..........
~:LiEAB~fH ANti NL~ILLI5
NOTARY P1JBLIC, State of New yot'k
Ho. 52.8125850, Suffolk
T~rm Expires March 30,
FODITH T. TERRY
TOWl~ CLERK
p~EGISTKAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
June 1, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
's application for a variance
Transmitted herewith are Zoning Appeal No. 2430
and 2431 application for a special exception by Marjorie D. Burns. Also
Mr. Louis
included ar~ notification to adjoiniqg property owners as follows:
Edson - First Towne Realty, Main Road, Southold, N.Y. 11971; Mr. Abraham
Bender 21 Arista Drive, Dix Hills, N.Y. 11743
dith T. Terry/
JTT/bn
Enc./
0 0 f)
Suffolk County Department of Planning
H. Lee Dennison Executive Cffice ButldinE
Veterans ~femoria! Highway
Hauppaug. e, New York 11707
(516) 979-2918
Southold Town Board of Appeals
Town Clerk's Office
Main.Road
Southold, N.Y, 11971
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 PlanninZ
Commission ars considered to be a matter for local determ/nation. A decision of
local determination should not he construed as either an approval or a disapproval.
Applicant
~nnicipa! File ~umber
V - Henry P. Wickham
S/P-V - Inc. LJI. Chapter of The N,Y.S. Archaeological Assn.
V - Michael A. LoGrande
S/P-V - Willow Point Association
V - J.C. Cornell Construction Corp.
V - Margery D. Burns
V - Margery D. Burns
2424
2425
2426
2427
2428
2430
2431
Very truly yours~
Lee E. ~oppelman
Director of Plannin~
GGN:jk
Gerald G. '~Tewman
Chief Planner
TOWN CLERK 765-3783
Building Dept.
Planning Bal. 765-2660
Beard of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ...... Bo4~. O~ .Appeals ............ of th~ town of... Southold .................
(agency ~nvolved)
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
Margery D. Burns
Main Road
Southold, New York
Appeal No. 2430
11971
...... ~[ ....... Variances
Location of affected land: ..... /~aip..Roa~l,...sDtltho~.~,...New...¥ork ................................................
within 500 feet of: (check one or more)
................ 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 linss.
................ State or county owned parcel on which a public building is situated
CommenU: Applicant~s residence property is in a B-1 zoned district.
She was grante~ permission to renovate a carriage house for a residence
upon the condition the residence contained 850 square feet of living
apace.
Date: ..... O'%ar&e....16 'r" *]..9.'~ 8 .........
(~i;nec/) Robert W. Gillispie, Jr.
.............. ..............................................
T/t/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
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. That it is the intention of the undersigned to petition the Board of Appeals of theJown of Southold
to request ~(Variance) (Special E~ception) (Special Permit) (the following r~elie~f: '~'~j ~:;;~,~-/~
2. That the prope__rty which is tb~ subject of the Petition is J.gcated adjacent_to~your, property..an.d is des-
cribed as follows: '~. ~'~..~,~ .,~ ~ .~:~.,~'/h 5
3. That the property which is the subject ofouch Pe_.~j.tio. n is located in the following zoning district:
4. That by such Petition, the undersigned will request the followingj'elief:-
.5. 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 may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and.be h~ard at such hearing.
Dated:
Petitioner ~ 7 '
Post O~.~ Addre~?j~.
R__EGISTERED NO.
Varue $
Reg. Fee $
PROOF OF MAILING OF NOTICE
POSTMARK OF
~RESS
POSTMARK OF
COUNTY OF SUFFOLK )
ss.:
M~rj or~ e R~rl't8 , residing at iv[a±n ~oad
gn~rhnl d. 1'~w Yn~'~c , being duly sworn, deposes and says that on the ~ day
of HAy ,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-
fice at $ocd:ho].cl, [qew ¥o~:k ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this '~1 Rr
day of Hay ,19 78
ELIZABETH ANN NLaVILL~
NOTARY PUBLIC. State o! New yOHt
~lq. 52-8125850, Suffolk County
[~,'m Expires Match 30,