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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,