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TOWN OF SOU~HOLD, NEW YORK
ACTION OF THE ZON]~ BOAKD OF ~PPEAL$
Appeal No. 2395 Dated February 9, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOI~N OF SOUTHOLD
To Melania M. Leiblein
2980 North Road
Greenport, NY 11944
Appellant
at a meeting of the Zoning Board of Appeals on March 2,
~vas 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
( )
1978 the appeal
1. SPECIAL .F~CEPTION. 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 decision of the Building Inspector ( ) be reversed ( ) be
confimed because 7:30 P.M. (E.S.T.) upon application of Melania M. Leiblein,
2980 North Road, Greenport, 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 width and area. Loca-
tion of property: South side Route 25, Greenport, New York, bounded
on the north by Route 25; east by Gull Pond Lane; south by E. A.
Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 of
Fordham Acres.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (w~uld) (would not) produce
hardship beeanse
SEE REVERSE
practical
difficulties or unnecessary
(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 (
that the previous decisions of the Building Inspector (
SEE REVERSE
FORM ZB4
) be granted (
) be conf~med ( ) be reversed.
ZONING BOARD OF APP / ~
) be denied and
After investigation and inspection, the Board finds that the
applicant requests permission to set off lot with insufficient
width and area, south side Route 25, Greenport, New York. The
findings of the Board are that the applicant's lots will be ap-
proximately the same size as other lots in the subdivision.
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 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.
THEREFORE IT WAS RESOLVED, Melania Leiblein, 2980 North
Road, Greenport, New York, be GRANTED permission to set off lot
with insufficient width and area, south side Route 25, Greenport,
New York, as applied for, subject to the following condition:
The applicant shall furnish the Board with a survey
indicating the location of all buildings on the prop-
erty and the proposed division line.
Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen,
Maimone.
RECEIVED FILED BY
TH~, SOUTitOLD TOV~.I CT.~,./K
DATE~/~/7~ HOUR ; ~.'~*/~
lerk, Town of Southold
LEGAL NOTICE
Notice of Hearings
'!iew ~ork, bounded on
Lane, south by E. A.
A. Mazzaferro, Lot 3
Carlton, N.
B. Caffery;
Smith.
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, March 2, 1978, on the following appeals: .-~
7:30 P.M. (E.S.T.) upon application of Melania M. Leiblein,
2980 North Road, Greenport, New York for a variance in accordanc~
with the Zoning Ordinance, Article III, Section 100-31 and Bulk
Schedule for permission to set off lot with insufficient width
and area. Location of property: South side Route 25, Greenport
the north by Route 25; east by ~ull Pond
Schoetzan, Lot 5 of Fordham Acres; west by
of Fordham Acres. ~'
7:45 P.M. (E.S.T.) upon application of Norman A. Reilly,
Cedar Drive, Mattitu~k, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-31 and Bulk
Schedule and the Town Law, Section 280A for permission to set
off lot and approval of access. Location of property: Private
Road, Mattituck, New York, bounded on the north by Joseph
A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by
south by Private Road; west by Theda Shula, Harold
7:55 P.M. (E.S.T.) upon application of Timberland
Associates, Inc., North Bayview Road, Southold, New York, for'
a variance in accordance with the Town Law, Section 280A for
approval of access. Location of property: Cedar Drive,
Mattituck, New York; Lots 30, 31 of Mattituck Development Co.,
Inc.; Filed Map ~776.
8:05 P.M. (E.S.T.) upon application of Stanley and Barbara
Rakowicz, Main Road, Cutchogue, New York for a variance in
accordance with the
Zoning Ordinance, Article III, Section 100-3]
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisiens of
the Amended ' Bui]ding~'Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Bourd of Appeals at, the
Town Hall, Mai~ Read, Sauthold,
New York,'ea Thursday, March
2, 1978, aa the f~llowing appeals:
~, 7:30 P~M. (I~.S.T.) upon ap
plication of Mel~ula M. Lieblein
2980 North Road, Groenport, Ney
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
31 and Bulk Schedule for per-
mission to set off lot with in-
sufficient width and area.
Location of. property: South side
Route 25, Groonpert, New York
bounded on the north by Route
{ 25; east by Gull Pond Lane; south
by E. A. Schoctzan, Lot 5 of
Fordham Acres; west by ~.
Mazzaferro, Lot 3 of .FOr..dl~'th
Acres.
7:45 P.M. (E.S.T.) upon ap-
plicatien of Nm'man A. Reilly,
Cedar Drive, ~Mattituck, New
York, for a variance in ac-
cordance with the Zoning Or-
dimmc~ ~ III, Section 100-
Town Law, Scctiou 280A for
permiseion to set off lot and
approval of access. Location of
property: Pr/rate Read, Mat-
tituck, New York, bounded on the
north by Joseph Carlton, N. A.
Reilly, Jr., and A. Reil]y & Sons,
Inc.; east by B. Caffery; south by
Private Read; west by Theda
Shula, Harold Smith.
7:55 P.M. (E.S.T.) upon ap-
plication of · Timberland
Associates, Inc., North Bayview
Road, Southold, New York, for a
variance in accordance with the
Town Law, Section 280A for
approval of access. Location of
property: Cedar Drive, Mat-
tituck, New York; Lots 30, 31 of
Mattituck Development Co.,
Inc.; Fi]ed Map No. 776.
8:05 P.M. (E.S.T.) upon ap-
plieatiou of Stanley and Barbara
Hakowicz, Main Road, Cut-
cheque, New York for a variance
in accordance with the Zoning
Ordinnnce, Article III, Section
100-31 and Bulk Schedule for
permission to construct addition
with insufficient side yard set-
beck. Location of property:
North side Main Read, Cut-
chogue, New York, bounded on
the north by Sacred Heart
Church; east by Sacred Heart
Church; south by Main Road;
west by H. Sar~owski.
Any person d~iring to be heard
on the above appeah should
appear at the time and place
above specified.
Dated: February 15, 1978
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1TF23-2919
COUNTY OF SUFFOLK, |
STATE OF NEW YORK, ~ ss:
· . .T~.~.O.Y.. r~..~ .T.A.V.~.I~. ................... being duly Sworn,
says that ., ~E., · is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~t Greenport, in said
county; and that the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, tar ONE weeks
s~:~ccessively commencing on t~he ...~../F:,.N..T~'.:.T.~.~D. ........
day of ., F~.B.~..UA.~. Y.
.... .... .................
Swo,n to th s . .L..
of ....i9..7. I
.......... L.¢.7 .......... ,,, . ././. .... ....
......
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, March 2, 1978, on the
follj~W~l~a~l[e als:
~'~:30 P.M~.~ (E.S.T.) upon
app~WA'W6~of Melania M.
Leiblein, 2980 North Road,
Greenport, New York for a
variance in accordance with
the Zoning Ordinance, Article
m, Section 100-31 and Bulk
Schedule for permission to set
off lot with insufficient width
and area. Location of property:
South side Route 25, Green-
port,- New York, bounded on
the north by Route 25; east by
Gull Pond Lane; south by E.A.
Schoetzan, Lot 5 of Fordham
Acres; west by A. Mazzaferro,
Lot 3 of Fordham Acres.
7:45 P.M. (E.S.T.) upon
application of Norman A. Reil-
ly, Cedar Drive, Mattituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article IlL Section
100-31 and Bulk Schedule and
the Town Law, Section 280A
for permission to set off lot and
approval of access. Location of
property: Private Road, Matti-
tuck, New York, hounded on
the north by Joseph Carlton,
N.A. Reilly, Jr., and A. Reilly
& Sons, Inc.; east by B.
Caffery; south by Private
Road; west by Theda Shula,
Harold Smith.
7:55 P.M. (E.S.T.) upon
application of Timberland As-
sociates, Inc., North Bayview
Road, Southold, New York, for
a variance in accordance with
the Town Law, Section 280A
for approval of access. Loca-
tion of property: Cedar Drive,
Mattituck, New York; Lots 30,
31 of Mattituck Development
Co., Inc.; Filed Map #776.
9:05 P.M. (E.S.T.) upon
application of Stanley and
Barbara Rakowicz, Main
Road, Cutchogue, New YOrk
for a variance in accordance
with the Zoning Ordinance,
Article II1, Section 100-31 and
Bulk Schedule for permission
to construct addition with
sufficient side yard setback.
Location of ~property: North
sidc Main Road, Cutchogue,
New York, bounded on the
north by Sacred Heart Church;
east by Sacred Heart Church;
south by Main Road; west by
H. Sarnowski.
Any persons desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: February 1S, 1978
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF APPEALS
IT-2/23(363)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Soathold, in Suffolk Count;
;nd 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
succe~ively, commencing o~ th~ '~'
day of ':/'' ~ ~' ~''' "Y
........................................ , 19..,..::.
l~OR~ NO. $ 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
B/I ~' ~1~ ~ 5Dote ........................................................ , ~ .......
PLEASE TAKE NOTICE 'hot your ~pplic~tion dated ~'~ ~ 19~
for permit to construct ........................................ ot the premises located at ....................................
...................................................................... Street
Mop .................................... Block ............................................ Lot ................................................ is
returned herewith and disopproved on 'he follow'ng grounds
.... .,...~.....~.....~...z.. ....... ~ ........ .".:!:Z.....~...~~'~ ....... ~ ....... (~~.
~' '~'"~'~ ~" "~ z'~ ...... ~;;: :~'"" ~?, . "~'~ ...... '~ :~'~': .........
~ ~ ~~ ~ ......... ~..~........~..~...~
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. ~x2~'~
DATE ..~.. ~.~..,~.~. ~..~..~..~
Name of Appellant Street and Number
................... ?~.~.&~.~..~..~.?...~.. ........................................... '~.~.x~....~..~.~..~...HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU. ILDIN~/t, //INS~E'C~R ON
Name of Applicant for permit
of
Street and Number Municipality State
( ) PERM,T TO USE
,~', PERMIT(~,2~v~.~,%~ ~----~F~OR OCC~PAN~ ~%~,~_. ~, ~ , ~ $
...... ~. ~.,. ~.....~.~...: ........... x.~ ~.~ ........ ~.~a,
1. LOCATION OF THE PROPERTY Street Use District on Zoning Ma~
U
Map No. ~m~ ~ 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
(,,~t' 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 (h.~)]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
is requested for the reason that ~-~ e~
(Continue on other side)
REASON FOR APPEAL
O
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because ~ \cxx~(~ ~ ~x~-c~,~ e~c~o-~-c~-\,
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 o,\~
CHARACTER OF THE DISTRICT because ~-~-~_
The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
COUNTY OF ) Signature
Sworn to this .............. /.~......~... .................. day of.../~~ .................. 19,~/3'
Notary Public
BERTHA STARS
NOTARy PUBLIC, S~a~o of New York
Su/fol~ Counf¥ . ~No. 52-452 46
APPEAL BOARD
M£MBEE$
Robert W. Gillispit, Jr., Chairman
Robert Ber~n
Charles Grigonis~ Jr.
Sers~ Doyen~ Jr,
Southold Town Board of Appeals
-qOUTHI]LD, L. I., N.Y. 119'71
Telephone 765-2~X
1802
April 11, 1978
Melanie Leiblein
Route 25
Greenport, NY 11944
Dear Mrs. Leiblein:
We are in receipt of the Van Tuyl survey dated April 10,
1978, showing the division llne of your property on Gull
Pond Lane and Route 25, Greenport.
This fulfills the condition that the Board placed on this
appeal at their March 2, 1978, meeting, at which time your
variance was approved.
/ytru)ly y~urs,
~ar~/E. Dawson
Secretary
Suffolk County .Department of Plarmin~
H. Lee Dennison Fxecutive Cffice Building
Veterans ~,f~morial Highway
Hauppauge, New York 11787
(516) 979-2918
Town of Southold
Board of Appeals
February 27, 1978
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 Vlann!nF
Co~ssion ars considered to be a matter for local deter~dnation. A decision of
loca~ determination should not be construed as either an approval or a disapproval.
Applicant
Stanley & Barbara Rakowicz
Melania H. Liebleln
Hunieipal File 7Tumber
2394
2395
Very truly yours,
Lee E. Koppelman
Director of Plannin~
Gerald G. "4m~man
Chief Planner
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
February 10, 1978
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2395, application of Melania M.
Lieblein for a variance. Also included is notice to adjoining
property owners Dr. & Mrs. Warren Schoetzau 8nd Mrs. Sophie
Mazzaferro.
Town Of Southold
TOWN CLERK 765-3783
Buildin.g Dept. f
Planmng Bd. 76~5-2660
Board of Appeab
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Cha~er 24, of the Consolidated Laws, Article I2-B, Sections 239-1
and m, the ..... ~O~I,~C~..o.f .App.eals ........ of the town of Southold, N. Y. hereby refers the following
(agency involved)
proposed zoning action to the Suffolk County Planning Commission:
(check one)
...... New and recodified zoning ordinance Mela.nia M. Lieblein
2980 North Road
............ Amendment to the zoning ordinance Greenport, NY 11944
............ Zoning changes
.......... Special permits
· .X ....... Variances
Locl~ion of affected land: ...... So. LtLh..~ide..RoLtte. 2S,...Greeltpo~-t,...NY ................................
within 500 feet of: (check one or more)
............ Town or village boundary llne
..~ ........ State or county road, parkway or expressway
............ State or county park or recreation area
............ Strea.m or drainage channel owned by the county or for which the county has established channel
lines
............ 5fate or county owned :parcel on which a public building is situated
Comments:
The applicant wishes to divide a Zot with 150' width and 200'
frontage into two lots with 100t frontage.
(signed) Robert W. Gillispie, Jr.
Chairman
Title
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
NOTICE
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 (V. ariance) (Special Exception) (Special Permit) (the following relief:
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ¥~ ~'~ L~.~ ,cc~xx~A~'~'~ c~ ~e~ ~ ~
...... ~ ', ~
3. That the property which is the subject of such Petition ~s located ~n the following zomng distnc~ ~
4. That by such Petition, the undersigned will request the following relief: ~ ~ ~v~ ~
.5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare: ~--¥ ~\~,7 c~,_ ~c_ \ ~- ~ ~ ~ ~'~'% ~\~ ~ c~ c~.x_\ 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
right to appear and be heard at such hearing.
Dated: -~-~ ~ , ~c¥~
Petitioner
Post Office Address
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
~~t.~--' /f/ ~/ ~ . , being duly sworn, deposes and say~ that on/the /~ 4,~ day
of /-~J--,..~.~/ / ,19 ~ , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, dir,~ted to each of the above-named persons at the addresses set opposite their respective
names; that the add~sses 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 _.a~-';L~¢.7'~ ///' Y' ; that said Notices were mailed to each of said persons by
(certified) (regis~red) n{ai~. /
Swor~l to be, fore me this ~ ~.~
da ;19 '
Notary Public
BERTHA STARS
NOTARy PUBLIC, Sta~e of New Yore
Suffolk County ./No. 52-452
Cor.~,; :o~ S~pirc$ ~,~,~rc~ 30,
SEE SEC. l'lO. 030
MATCH LINE
-- - ...... Z ~, Z N Z- N Z -
STERLING
CEMETERY
ST AGNES CEMETERY