HomeMy WebLinkAbout2428 TO~ OF $OUTHOLD, ~E~V ¥OF~K
ACTION OF THE ZO~G BOAKD OF AFl~EAL$
Appeal No. 2428 Dated May 19, 1978
ACTION OF TI{E ZONING BOARD OF APPEALS OF T~IE TOV;N OF SOUTHOLD
To J. C. Cornell Construction Corp
935 Watersview Drive
Southold, New York 11971
DATE.~!~...~.~ 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 p~operty
( ) 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 R was determined th~ a spec~l exception ( ) be
gra~ed ( ) ~ ~nied p~suant to Artec .................... Sect~n .................... Subsection .................... paragra~
.................... of the ~ning Ordinance and the dec,ion of the Building Inspector ( ) be reversed ( ) be
co~k~nedb~a~e 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 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; east by Suffolk County,
south by Suffolk County; and west by Gralton.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
SEE REVERSE
(b) The hardship created (is) (i~ 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
(woald not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied ~nd
SEE REVERSE
FORM ZB4
&--P P ilO,'(E D 1
Chai;man Board of Ap~al~
ZONING BOARD OF APPEALS
After investigation and inspection the Board finds that the
Applicant requests permission to construct a new business building
where two or three retail business on the first floor with an apartment
on the second floor. The property is abutted by the Suffolk County
garage on one side and a commercial building on the other side. The
Board agrees with the reasoning of the applicant that the construction
of this new building will enhance the neighborhood.
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.
RESOLVED that J. C. Cornell Construction Corp., 935 Watersview Drive,
Southold, New York, be GRANTED permission to construct a new business
building with a dwelling above, subject to the following condition:
Approval of the Suffolk County Department of Planning
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
and Doyen.
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 To~ Hall, Main Road, Southold, New York, on Thursday,
June 15, 1978, on the following appeals:
i-- 7:35 P.M. (D.S,T.) upo? application of J. C.
corp. , 935 Watersview Drive, Southold, New York, for a variance
in accordance with the Zoning Ordinance, Article VII, Sectio?
100.-70 for permission to construct a n~w business building with
& dwelling above. Location of property. County Road (Route 27),
ieconic, New York, bounded on the north by North Road, south by
:uffolk 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 the Zoning Ordinance, Article III,
~.Sect~on 100-31 and Bulk and Parking Schedule for permission to
divide property on a private right of way. Location of property:
Cornell Construc
R~ht of way on the south side of Sound View Avenue, SouthOld,
New York, bounded on the north by Sound View Avenue; east by Vilar
~acobi, and Schur; south by Morris and Lombardi; and west by Town
of $outhold 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
i exception in 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 Ro~a~ 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 HEARINGS
Pursuant to Section 267 of
the Town Law and the
provisions of the Amended
Building Zone Ordinance of
the Town of Seuthold, Now
York, public hearings will be
held by the Zoning Board ~of
Appeals at the Town Hall,
Main Road, S0utbeld, New
York, on Thursday, June 15,
197~, on the following appeals:
~' 7:35 P.M. (D.S.T.) upon
~nnlie~tion o/ J. ~. cornell
C'q-nstruction Corp.~ 935
Watersviow Drive, Seutbold,
Now York, for a variance in
accordance with the Zoning
Ordinance, Article VII,
Section 100-70 /or permission
to construct a now business
building with '~ dwell{ng~
above. Location of property:
County Road (Route 27),
Peconic, New york, bounded
on the north by North Road,~
south by Suffolk County, ~ast
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
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, Southold,
Now York, bounded on the
north by Sound View Avenue;
east by Vllar, Jacobi, and
Sehur; SOuth by Morris and
Lombardi; and west by Town
of Suutbold and Jarusz.
7:55 P.M. (D.S.T.) upon
application 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 Seuthold,
New York. Bounded on tbe
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,
Seuthold, New York, for a
special .exception to the
Zoning Ordinance, Article III,
Section 100-30 C 6 f for per-
mission to erect an idan-
~ication sign. Locati of
property: Lot No. 1, Map of
Willow Point, Sonthold, New
York.
0:15 P.M. (D.S.T.) upon
application of Michael A.
LoGrande, 63 Pinedale Read,
Hau. ppang.e, New York, for a
varmnce In accordance with
the Zoning Ordinance, Article
III, Section 100-30 and Bulk
and Parking Seheduie, for
permission to construct a
dwelling with insufficient
front and rear yards. Location
of property: Lots 28 and 29,
and part of 30 and 31, on Map
No. 1097, Map of Bailey Park,
Pecnaic, New York.
8:30 P.M. (D.S.T.) upon
application of Henry P.
Wickham, c-o Abigail A.
Wickham, Esq., Main Read,
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 Cutchogue Harbor;
south by William Wickham;
and west by Henry P.
Wickham.
0:40 P.M. (D.S.T.) upon
application of Margery~D.
Burns, Main Road, Southeld,
New York, for a variance in
accordance with the Zoning
Ordinance, Article VII,
Section 100-70 and Bulk
Seheduie for permission to
have residential homes in a
business district. Location of
property: Main Road,
Seuthold, New York, bounded
on the north by A. Bender;
east by A. Bander; south by
Main Road; and west by Li
Edson.
9:50 P.M. (D.S.T.) upon
application of Margery D.
Barns, Main Road, 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
business district. Location of
property: Main Road,
Seuthuld, 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.
Mour-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
proper Village Lane,
Orient, ~,~w York, bounded on
the north by W. Schriever;
east byW. Schriever; south by
Lionetti, and Kripinski; and
west by Village Lane.
Dated: June 6, 1970
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1TJ8-2998
~.V.S..O.N. .................. being duly Sworn,
.. · is Printer and Publisher of the SUFFOLK
:S, a newspaper published ~t Greenport, in said
=t the notice, of which the annexed is a printed
published in the said Suffolk Weekly Times
'eek, tot ......... .0..NI~., .............. weeks
~mmencin9 on the ..... ~(G}-ITH .............
re me this l.t.~. .....
I~IOTABY PUBLIC. Slc~te ot New YoWls
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 18, 1978, on the
following appeals. ~
fa 7:35 p.m. (D.S.T.) upon
pplication 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 County
and west by Gralton. ~1
7:45 p.m. (D.S.T.) upon
a_p_plication of Joan A. Bayley,'
55 West 16th Street, New
York, New York, (Rudolph H.
Bruer, Attorney), for a vari-
ance in accordance wltl~ the
Zoning Ordinance, Article Ill,
Section 100-31 and Bulk and
Parking Sche'dule for persmis-
sion 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 Southold and
Jarosz.
7:55 p.m. (D.S.T.) upon
application of Incorporated
Long Island Chapter ot the
New York Archaeological As-
sociation for a special excep-
tion in accordance with the
Zoning Ordinance, Article Ill,
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 Ruppeh and west by
Ackerly Pond Lane.
8:05 p.m. (D.S.T.) upon
application of Willow Point
Association, Bay Home Road,
Somhold, New York, for a
special exeption to the Zoning
Ordinance, Article II/, Section
~00-30 Cfi f for nermission to
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Potricia 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 ......... t.. ............................weeks
successively, commencing o~l the .... , ...............................
Sworn to before rr~ thi~ '~/ day at
19..~.~./~.'
FORM NO. 3 (~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ........... .~..~.Z .......................................... Dote ................................ ..~......~....../.?...~..., 19...?...~
PLEASE TAKE NOTICE thot licotion doted .................................................... 19 ........
for permit I'o construct ...................... ~t the premises Iocoted ot ....................................
....... ~....~.".~....~..7. ....................... Street ~',
Mop .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following grounds ........ ...~....~.......~.....~~
~.~.: ...... ~.: ....... .,.. ........... ~:..~..~......~ ....... ~: .... ~ ...... .~.:.../. ....
J ' , f
Building Inspector'
/'~.t' . .-/~L' ~'~"~"'~TowN OF SOUTHOL,, NEW YOR~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE...k/.~.ZC...1...9./.....1..9..7. $
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ........... J.....C....Co~'~ll ....................... of ...9.35...W~t~i~,..D~i,~,W ...........................
Name of Appella,nt Street and Number
.............. .$..o..u..~.h.p..[..~.. ............................................................. .~...e..V....¥..o.~.,~. ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...~.~.....!.:~..../.~.2.L..-' __ -- r/ ..........
-- // '
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
(
( )
.................. J. ,... C ,, ...~ o,t:n,~l ,L ...............................
Name of Applicant for permit
of
....... ~ 3.5 ...~.~r.v.i.~w...~ri .~.e ~ ...8 o.u ~hold.,...~.~w...XQ/;~. ............................
Street and Number Municipality State
PERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ......... CountlZ..Road...23.,....~..e..c...o..n...i..c..,....N...e..w.....Y..o...r..k.. ...........
Street Use District on Zoning Map
Mop 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 VIIr Section 70
3. TYPE OF APPEAL Appeal is made herewith for
(X) 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 Jc~}x(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 ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
X) A Variance to the Zoning Ordinance
)
,s requested for the reason that a new business building with a dwelling is not
permitted in this B-1 zone.
Fon~ ZB1 (Continue on other side)
REASON FOR APPEAL O Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces-
sary HARDSHIP b~au~ Property is looated between the County Garage
and Southold Floor Covering on the County Road 27A in Southold,
New York. Applicant wishes to rent the lower part of this building
to a business, and to make it a more attractive situation, he wishes
to have an apartment above the business.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because this is a Light business
area.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there ±s presently an apartment above
the building which houses the Southold Floor covering building and
this would go along with this area.
) ss ........
COUNTY OF ,~U~'F~' )
/
Sworn to this ......... .....' ................................ day of .......................................
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
C D
Southold, L. I., N. Y. 11971
May 22, 1978
TELEPHONE
($16) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2428, application of J.C. Cornell
Construction Corp. for a variance. Also included are notification to adjoining
property owners as follows: Southold Floor Covering c/o Gerald Gralton, 1225
Leeton Drive, Southold, N.Y.
Yaphank, New York
JTT/bn
cc:file
11971; Suffolk County Department of Public Works,
Town Clerk
Suffolk County Department of PlanninD
H. Lee Dennison F:r~cutive Cffice Buildins
Veterans ~amoria! ~ishway
Hauppauge~ ?T~ Yor!s 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 Plann±n?
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.
Applicant
?~unicipa! File ?~umber
V - Henry P. Wickham
S/P-V - Inc. L.I. 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. ~oppe!man
Director of PlanninK
GGN ~ jk
Gerald G. ~ewman
Chief Planner
TOWN CLERK 765-3783
Building Dept
P~anning Bal. 765-2660
Board of Appoals
TOWN OF $OUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the .... BO~J~d.Of..Appe. al$ .............. of the town of..~OU~.~IQI~ ..................
(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
J. C. Cornell Construction Corp.
935 Watersview Drive
Southol~, New York ~1971
................ Special permits
.... ~ ......... Variances
Location of affected land: .-.~our~t¥..~.oad..2,7.,~Pecon.~ov...Ne~...Y~-.k .........................................
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 lines.
.... ~ ......... State or county owned parcel on which a public building is situated
~mmen~: Applicant was granted permission to construct a new building
which will contain a business on the first floor and a rentable
apartment on the seo~nd floor.
($ig, eW) Robert W. Gillispie, Jr.
.............. ..C..h...a.,t., ..............................................
Title
Date received by Suffolk County Planning Commission ................................ ....................................................
File No .................................
BOARD OF APPEALS, TOWN OF SOUTHOLD
Inthe MatterofthePetitionof
J. C. Cornell
totheBoardofAppealsoftheTownofSouthold
TO: Southold Floor Covering
c/o Gerald Gralton
1225 Leeton Drive
Southold, New York 11971
NOTICE
Suffolk County
Att: Dept. of Public Works
Yaphank, New York
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) (%~Rg~j~l~C~~X(the following relief: to bui[d new
business building with a rented apartment above ~he buslne.q~q
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed asfollows: County Road, 27A, Southold, New York
3. That the property which is the subject of such Petition is located in the following zoning district:
B-1 Light Business Zone
4. That by such Petition, the undersigned will request the following relief: to incorporate
living unit into a light business district
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article VII ~ Se~tlon 10~-7~
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 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: May 19, 1978
J. C. Cornell
Petitioner
Post OfficeAdd~ss
935 Watersview Drive
Southold, New York
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Southold Floor Covering
c/o Gerald Gralton
1225 Leeton Drive
Southold, New York 11971
Suffolk County
Att: Dept. of Public Works
Yaphank, New York
CI
MAY BE
PROVIDt
POST OFFICE DEPARTMENT
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAl MAIL, DOES NOT
pROVIDE FOR INSURANCE. - POSTM*STgR
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Al'Jr.p (],nrt~pll , residing at ~btorv~w hrive
gmd-hnl d, N, ¥ , being duly sworn, deposes and says that on the 20~b_ day
of H~v ,19 78 , deponent mailed a true copy of the Notice set forth on the re-
verse side J~ereof, 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 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this? ?~rl
day of lvby ,19 ~
C;r Notar; Public 7
~I_-HAEL BAKER. JR.
.,FOR PARCEL NO '
- ~ SEE SEC NO 075-01-002
FOR PARCEl.
sEE s~c
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