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HomeMy WebLinkAbout2407 TOWN OF ~OUTHOLD~ N~W YORK ACTION OF THE ZONING BOAKD OF ~PE~S Appeal No. 2407 DaSd April 13, 1978 ACTION OF T~ ZONING BOARD OF APPE~ OF ~E TO~ OF SOUTHOLD To Cynthia Mahnken Box 117 Purcellville, Virginia (Gary Olsen, Attorney) at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ~X ) Request for a variance to the Zoning Ordinance ( ) DATE .~9.~....4..L.. 1 9 7 8 AppeRant the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d it was determined that a special exception ( ) be granted ( ) ~ denied pursuant to ~ticle .................... Sec~on .................... Subsection .................... paragraph .................... of the ~ning Ordinance and the decision of the Building Iuspector ( ) be reversed ( ) be co~irmed beeau~ 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Purcellville, Virginia (Gary Olsen, Attorney) 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. Location of property: Horton Lane, Southold, New YOrk, bounded on the north by Conway; wast by Horton's Lane; south by Grattan; west by Greenfield Acres Subdivision. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (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 deeisious of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED Appe fl, After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insufficient width and area, Horton Lane, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. Most of the nearby lots are undersized by present standards. 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 that Cynthia Mehnken, Box 117, Purcellville, Virginia, be GP~%NTED permission to set off lot with insufficient width and area, Horton Lane, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. © Legal Notice 8:10 P.M. L. Westenberg, -2- Hearings: April 13, 1978 (E.S.T.) upon application of Mr. and Mrs. CharlEs 795 Bayview Drive, East Marion, New York for a west by Cordes. 8:25 Ricereto, Attorney) variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with insufficient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; P.M. (E.S.T.) upon application of Mr. and Mrs. David Oregon Road, Cutchogue, New York (Anthony B. Tohill, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off-premises parking lot in excess of 200' from main premises. Location of property: East side Railroad Avenue (Youngs Avenue) Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Purcellville, Virginia (Gary Olsen, Attorney) 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. Location of property: Horton Lane, Southold, New York, bounded on the north by Conway; east by Horton Lane; south by Grattan; west by Greenfield Acres Sub. LEGAL NOT1CE Notice of Hearir~gs Pursuant to Section 267 of the Town Law and tl~e provi- sions of the Amended~ Building Zone Ordinance of thc Town of Southold, New York, public hearings will be held by the Zeroing Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, April 13, 1978, on the lbllowing appeals: 7:30 ?.M. (E.S.T.) upon application of John Malinow- ski, Second Street, New Suf- folk~ New York, to rescind variance2 granted on January 12, 1978, giving permission to usc existing business building for assembly of parts. Location of property: west side Second Street, south side King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third ~'-oTd~, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100~I12 H for permission to con~ruct accessory off-pre- mise~parking lot in excess of 200' ~om main premises. Lo- cation of property: East side Railroad Avenue (Youngs Av- enue), Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west b.,.y~,i~mad~e n u e. ~ ~'~.S.T.) upon application of Cynthia Mahn- ken, Box 117, Purcellville, Vi~ ~l~ary Olsen, Attor- n~') for. a variance in accord- ance'With the Zoning Ordin- ance, Article Ill, Section 100- 31 and Bulk Schedule for permission to set off lot with insufficient width' ancl~ are~'.~ Location of property: Horton Lane, Southold, New York, bounded on the north by Conway; east by Horton Lane, south by Grattan; west by Greenfield Acres Sub. 9:15 P.M. (E.S.T.) Recessed hearing uI~n~_application of Philip J. Ofrias, '~., Bayview Road, Southold, New York, for a variance in accordance with *~ T,,~, la~. Section 280A 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 $outhold, in Suffolk Count; 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 successively, commencing on the ....... 'J ................................ Sworn to before rn~ this ...... :~ ................ da~ at Notary Public 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, ~ hold by the Zoning Boaro Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, April 13, 19~8, on the followin~ appeals: ?:50 P.M. (E.S.T.) upon application of John Malinowski, Second Street, New Suffolk, New York, to rescind variance granted on January 12, 1978, giving permission to use existin~ business building for assembly o~ parts. Location o{ properS: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second St .~. t; south by H. Apanik and omar land o~ applicant; west by Third Street. ?:50 P.M. (E.S.T.) recessed hearing upon application of Patrick Edward and Linda Martz Lyons for a special exception to reinstate non- contormil~,, two-family .use, north side Main ]Road, Orient, New York. Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York, bounded on the north by Private Road; east by Bur- nham; south by Old Main Read; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to e?ect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Meglio. 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission t9 construct ad- dition with insufficient front yard setback. Location of property: Bayvi~w Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinan. ce, Article III, Section 100-3I and Bulk Schedule for permission to construct dwelling with in- sufficient side yard setback. Location of property: Right- of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southuld, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off- premises parking lot in excess of 200' from main premises. Location of property: East side Railrnad Avenue ( Youngs Avenue), Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Pur- cellville, Virginia (Gary Olsen, Attorney) for a variance in Accordance with the Zoning Ordin,~nce, Article I III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Horton Lane, Southold, New York, bounded on the north by Conway; east by Horton Lane; south by Gratian; west by Greenfield Acres Sub. 9:15P.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Road, Sonthold, New York, for a variance in accordonce with the Town Law, Section 280A for approval of access. Location of property: Right- of-way, east side Laurel Avenue, Southold, New York, bounded on the north by Mill Creek; east and south by R. Lang, Jr.; west by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 3, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA6-2954 7:50 P.M. (E.S.T.) upon 26) COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: TROY GUSTAVqO~ being duly Sworn, says that .. J~.... is Printer and Publisher oi ~e SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Green~rt, in s~d county; and ~=t the noti~, of which ~e ~e~ is ~ print~ ~py, has been published in the ~d Sut~lk W~k~ Times once in each w~k, tor ........ ~.~ ............... w~ks suc~ssively commencin~ on ~e ..... ~I~.~t ............... day of .... A~I~ .'.' ~9.~ Sworn to ~I°re me this . .l J./d~... I ........ :"t: .... , .... .... : ..... ,' ~on E~e~; I~ch 30, 1~c' NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTME.NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~ v~'Y ..~.../~.... // , File No ................................................. Dote ...................................................... To ........................................... J.....w~..~- ................. ................................................................................ PLEASE T,~KE N(~TJ, CE that your opplic~tion doted .................................................... , 19 ........ /for peri, it to c~struct ...............: ....... ! ................ at the premis~_es located ot .................................... ...................................................................... Street Mop .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on. the followinggrou ds ............... ......~.~-. ............................... Building Inspector JUDITH T. TERRY TOWN C~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 3,1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2407, application of Cynthia Mahnaken for a variance. Also included are notification to adjoining property owners as follows: Conway Brothers, Southold, New York 11971; Mr. & Mrs. Daniel Charnews, Youngs Avenue, Southold, N.Y. 11971; Robert W. Gillispie,III, East Marion, N.Y. 11939; Daniel R. Grattan, Southold, New York 11971. Town Clerk JTT/bn cc:file Enc./ O GARY FLANNeR OlSeN COUNSELLOR AT LAW P. O, BOX 38 · ~4AIN ROAD · MATTITUCK, LONO ISLAND, NEW YORK 119S~ · PHONE 516 April 8, 1978 Re: Mahnken to Springer File # 2296 Dear Mary: Enclosed herewith please find an additional Notice ing !~-d owners. GFO/clr Enc. Please make same part of yo~ adjoin- GARY ~I~ER OLSEN Southold Town Zoning Board of Appeals Southold, New York 11971 Attention: Mary Dawson O TOWN OF SOUTHOLD, NEW YORK 'APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c,~/-'/'~) 2 DATE .. · · ~,~..',~./2 ~. ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)....C.~.nt.b~a,.]~aJ;mk~a ............................ of ....,~.0.~....~.~,.~....,; ...................................... i ............. Name of Appellont Street and Number .......... ]~.q.e.],l~J,],~,~. ........................................................... y...i..r.g.~.~..~. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE ~.UILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...4~...~.~....~..~...~.. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ..... ............................ ................... .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) Variance 1. LOCATION OF THE rPROPERTY 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 III 100-31 & Bulk and Parking Schedule 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 tbt:~k(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 ~s requested for the reason that Form ZB1 (Continue on other side) Continued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant has an oversized parcel and seeks to create two parcels; one which would have access off of Horton's Lane with frontage thereon of 138.49 feet with a depth of approximately 270 feet for a total square footage of approximately 37, 000 square feet. Said parcel presently hontains a two story frame house, a barn and other miscellaneous accessory In~tildings. The second parcel to be created would have access from a road shown on the survey which is made part of this application as "Private Road, now called Sunny Side Road, a town road. It wouid be approximately 150 feet deep by 140 feet wide and would contain approxi- mately 21,400 square feet. 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 the subject premises is a long, narrow, parcel containing a number of farm buildings which have been in existance for a long time. The buildings are located to the easterly portion of the premises facing on Hortons Lane. The westerly portion of the premises has a separate means of access and is vacant property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ]~eHe,~I~ACTER,OE, THE.DISTRICT.because~ a c 1 to b re ted d ~heD r ms be,generally in ng wt~n~ne size ana shape oz omerparceis tn cor~m~Ity. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) Sworn to this ................ ~].s~. ..................... day of ......... ~/[.~..b. .................................. 19 78 . '/ '; , Notary Public Stete of New Yo~ / / Notary Public ~ No. 52-9703725 Suffolk County Comm. Expires March 30, 1~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Cynthia Mahnken to the Board of Appeals of the Town of Southold TO: Peter Grattan Daniel P. Grattan Jr. 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 (Variance)~i~iIx~~:~l{~U~ (the following relief: nn ~.~n Vn~i~noo to ,q~v~ao p,-np~vty ~ntn two oversized parcels. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 13ounded on the North by Conwary Brothers 446. ~7 feet; East by Hort(~ Lane 138.49 feet: South by Grattan and Sunnyside Road 412.19 feet_.- Wa~f by C'h~-n~v~ 140, 28 feet, 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/ Residential 4. That by such Petition, the undersigned will request the following relief: to d~v~da m~b?nt premises into two undersized parcels. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ArH~I~ TTT 1DO-.'~1 nnrl ]:~1~c nn~ Pn~-k~ng gr, hPdtT]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 hja~'~the matter by the Board of Appeals; that a notice of such hearing must be published at least five da,~rs prior¥o the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watch ~rr~n, newsl~apers published in the Town of Southold and designated for the publication of such notices; that yo/~ or your ~presentative have the right to appear and be heard at such hearing, d~ / Dated: Aoril 6. 1978 . ]3C,~y~.thia Ma~n~, r ~.~ P~oner~'r~: ~ner Olsen, Attorney Post Office Address41~ P. OL }~OX 38_. ~VlnJn Road Mattituck, Now XSrk ~ 1952 NAME Peter Grattan Daniel P. Grattan Jr. PROOF OF MAILING OF NOTICE ADDRESS % Daniel R. Grattan Southold, New York Southold, New York 11971 11971 :~ECEIPT FOR CERTIFIED MAIL~ e%/ST~FA"~ z,. CODE thold New york 11971 PS Fo~m NO INSURANCE COVERAGE PROVIOED-- Jan. 19763800 NOT fOR INTERNATIONAL MAIL OR DATE (See other STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Cherle Lynn Russell , residing at Mattituck, New York , being duly sworn, deposes and says that on the 6th day of April ,1978 , 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 ; that said Notices were mailed to each of said persons by (certified) (:~mail Sworn to before day of ~ lic BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Cynthia Mahnken : to the Board of Appeals of the Town of Southold : TO: Conway Brc~ers Mr. and Mrs. Daniel Charnews Robert W. Gillispie III Daniel R. Grattan 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 (Variance) ~~'/~]K~I_I_~]~I~I~ (the following relief: an Area Variance to di-~d~ p~-n,n~-ty ~ntn twn over,~i~ed parcelB. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the North by' Conwary Brothers 446.37 feet; East by Hortons T,~n~ 138.49 feet: South by Grattan and Sunnyside Road 412.19 feet; West by Char~ews 140.28 feet. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: to divide subject p~'~mi~ infn h~n nnder~i~,ed parcel~. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III 100-:31 and Bulk and Parking Schedule 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 Watc~3nl'al~ newspapers published in the Town of Southold and designated for the publication of such notices; that/$~ou or ~/our representative have the right to appear and be heard at such hearing. C,y~. thia Petitioner ~ry ]Flanner Olsen, ~ttorney Post Office Address P,O. Box 38, Main Road PROOF OF MAILING OF NOTICE NAME ADDRESS Conway Brothers Southold, New York 11971 Mr. and Mrs. Daniel Charnews Youngs Avenue Southold, New York 11971 Robert W. Gillispie III East Marion, New York 11939 Daniel R. Grattan Southold, New York 11971 RECEIPT FOR CERTIFIED MAIL Southold New York 11971 .... ~ OPTIO. NA_L. S~OR AOOITIO#AL FEES RECEtPT · 2. Shows to whom date and where de vered ~n. 19763800 NO INSURANCE C0VERAGE PROVIDED~ (See NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Cherie Lynn Russell , residing at Mattituck , being duly sworn, deposes and says that on the 31st day of M'n'r'nh ,19 7 8 , 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 ~VIattituck, New York ; that said Notices were mailed to each of said persons by (certified) (~{~) mail. Sworn to before me.thi// Rl~f_ day of ~(/r~e.l~ /~ , 197~/ ~otary Public ~ GARY FLANNER OLSEN Nolory Public, Stale of New York ~1o. 52-2959600 Term ~xpires March 30, 19~ FOR P~RCEL NO. SEE SEC. N0.055 01-009 LINE 24 24,$ A(c) 2.4A(c) 2.9A (c) 12 4.1A (c) 25 23.0 A (e} I0 6,9A(c) - "29 16.0A(c) L4A(c) ST. PATRICKS CHURCH I0 4.2A(c) 12 2.8A (c) M,~,p oF J_AND CYNTHIA ~ ~....AMPBE:LL