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HomeMy WebLinkAbout2423 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG IgOA~D OF APPEALS Appeal No. 24~ Dated May 11, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO,tN OF SOUTHOLD To Catherine N. Moor-Jankowski Village Lane Orientt New York 11957 (Donald E. Mahoney, Esq.) at a meeting of the Zoning Board of Appeals on July 6, 1978 was considered and the artiol~ 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 ( ) DATE .~.~1.~.....1..~, 1978 AppeHant the appeal 1. SPECIAL EXCEPTION. By resolut~n of the Board it was determined that a special exception ( ) be graded ( ) ~ denied pursua~ to Article .................... Section .................... Subsect~n .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~pee~r ( ) be reversed ( ) be confirmed beeanse 7:30 P.M. (D.S.T.) Appeal No. 2423 - Postponed decision upon the application of Catherine N. Moor-Jankowski, Village Lane, Orient, New York, (Donald E. Mahoney, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-61 and Bulk Schedule for permission to set off a lot with insufficient area and width. Location of property: Village Lane, Orient, New York, bounded on the north by W. Schriever; east by W. Schriever; south by Lionetti and Kripinski; and west by Village Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 P VED zoN G BO D ) be denied and After investigation and inspection the Board finds that the applicant requests permission to set off a lot with insufficient area and width. This lot will contain 17,450 square feet with a width on the road of 104 feet. The newly created lot will exceed the size of most of the lots within a half mile of the property. 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 same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Catherine N. Moor-Jankowski, Village Lane, Orient, New York, (Donald E. Mahoney, Esq.) be GRANTED permission to set off a lot with insufficient width and area. Location of property: Village Lane, Orient, New York, bounded on the north by W. Schriever; east by W. Schriever; south by Lionetti and Kripinski; and west by Village Lane, subject to the following condition. (1) When a dwelling is constructed on this parcel, it shall be at least 25 feet from the southerly boundary line and 10 feet from the northerly boundary line. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen. RECEIVED AND FILED Town Clerk, Tov~ ~t Southold 9:10 P,M. (D.S.T.) upon application of Catherine N. Moor- ~Donald E. Mahoney, Attorney), Village Lane, Orient, New ~ork, 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 property: Village Lane, Orient, New York, bounded on the north !by W. Schriever; east by W. Schriever; south by Lionetti, and Kriplnski; and west by Village Lane. Dated: June 6, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 8, 1978, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK P.~IOR TO THE JUNE 15, 1978, MEETING 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, York, publ/c hearings held by the Zoning Bonr~'.~ Appeals at the Town I-~H, Main Road, Southdid, New York, on Thursday, Jane 15, 1978, on the following appeals: 7:35 P.M. (D.S.T.) upon application of J. C. Cornell Construction Corp., 935 Watersview Drive, Soufhuld, New York, for a variance in accordance with the Zoaing 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, south by Suffolk County, east by Suffolk County and west by Graiton. 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 wi~h ~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 Soand View Avenue, Sonthold, New York, boanded on the north by Soand View Avenue; east by Vihr, Jacob(, and Schur; south by Morris and Lombard(; and west by Town of Sonthold and Jarnsz. 7:55 P.M. (D.S.T.) upon application of Incorporated Long Island 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- tPhremlses directional sign on e corner of Ackerly Pond Lane and Route 25 Sonthol~l, New York. Bounded on north by Ackeriy Pond Lane; east by Main Road, south by Frieda Ruppel; and west by Ackarly Pond Lane. 8:05 P.M. (D.S.T.) upon application of Willow Point Association, Bay Home Road, Scuthold, New York, for a special, exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an (don- tification sign. Location of pr~porty: Lot No. 1, Map of Willow Point, Sonthold, New York. 8:15 P.M. (D.S.T.) upon application of Michael A. LoGrande, 63 Pinedaie Road, Hauppange, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk and Parking Schedule, for ~rmission to construct a welling 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, Peconic, New York. 8:30 P.M. (D.S.T.) upon application of Henry p. Wickham, c-o Abigail A. Wickham, Esq., Main Road, Mattithck, 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. 8:40 P.M. (D.S.T.) upon application of Margery D. Burns, Main Road, Sonthold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission ~o 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. Bander; south by Main Road; and west by L. Edson. 8:50 P.M. (D.S.T.) upon application of Margery D. Burns, 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 clistrtct. Location oi' property: Main Road, Southuld, 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.~.T.) upon avotication of Catherine N. .Monr-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 ~nsufficient area and width. Location of pr~ ty: Village Lane~ IOrient, New York, bounded on~ the north by W. Schriever;l east by W. Schriever; south by[ Lionetti, and Kripinski; andl west by Village Lane. Dated: Jane 6, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ8-2998 .................... ~=..g duly Sworn. is Printer ~nd Publisher o! the SUFFOLK newspaper published at Greenport, in said ,~ notice, of which the annexed is a printed dished in the said Suffolk Weekly Times for ONE weeks encing on the ..... E~GHTH ............. · ................. ~e , I,l'~NCv R. DOUi;LR~ , LEGAL NOTICE p~Ticatton 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 11I, Section 100-30 and Bulk Schedule for permission to set off a lot 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 P. Wiekham. 8:40 p.m. (D.S.T.) up0n '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:S0 p.m. (D.S.T.) upon application of Margery D. Burns, Main Road, Southold, New York, for a special excep- tion 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, 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 applicalion of Catherine N. Moor-Janowski (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- ctti. and Kripinski: and west by Village Lane. Dated: June O, 1978 BY ORDER OF THE SOUTHOLD ¥OWN BOARD OF APPEALS 1T-6/8 (511) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TP~VELER-W^TCHN~N, a public newspoper printed at $outhold, in Suffolk County; and that the notice of which the onnexed is o printed copy, has been published in said Long Island Traveler-Watch- mon once eoch week for ............ / .......................... weeks successively, commencing on the ....~... ................................ Sworn to before me this ....... ~ day ot .... .~L ................... 19....I_.. .................... ...................... FORM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................ ~.42~ ....................................... Date ................. J.u~e..,~ ...................... , 19.7.8.. To ...Rr~....C&~J, ns..l~..Moo~,,~al~kQwski (Don&ld E. Mahoney, lsq) ......... .~la~..~n= ......................................... ......... .0r.$~n~.,...~ew...York....l~9~2 ............... PLEBE TAKE NOTICE that your application dated .................................................... , 19 ........ for permit to constru~....~/~......~ ............ at the premises located at ..... ~Z~....~ .... .......... ~....~I~.A~.~ ................ ~ ..... Street ~ILz N7 Map .................................... Block ............................................ Lot ................................................ is returned herewith and disappr~ed on the follow;ng grounds ......... t.~.~.~./..~.t.L~.~ ........ ........... ....... ....... .................................................................................................... N - W. Sohriever E - W. Schriever S - Lionetti, Kripinski W - Will&ge Lane George Fisher 0 Tow. o, Z' ,'o0 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOU.T,HOJ_D N. Y Catherine N...Mo.o.r.-..J~ilkows.ki ................... of V~llage Lane, 0r~e.n..t,.N,~.~...~...1.~..5...7 Name of Appellant Street and Number Municipality ........................... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OFTHEBUILDING INSPECTOR ON ..... ............ ( ) ( ) Catherine N. Moor-Jankowski Name of Aoolicant for permit of Village Lane, Orient, N.Y. 11957 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..~./...~.....V..~..1...]:~..e......~...~...e. ........................ .~...e.~.~.d...e..~..t,.~.~...i:...A.. ..... Street Use District on Zoning Map Described property, see survey. 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.) Art. III Sec. 100-31 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (~) 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~ (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 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that Ordinance requires area of 40,000 square feel: and subject premises contain 17,455 square feet; ordinance req~uires lot width of 150 feet and subject premises has lot width of 104 feet+_ Form ZB1 (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because subject premises could not be built upon 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 subject premises ot'l. ly have l0/,, feet of road frontage 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF /HE DISTRICT because the i~mediate surrounding district contains numerous lots of similar area or of less area STATE OF NEW YORK ) CITY OF NEW YORK ) COUNTY OF NE~ YORK) SS ........ ........... :....... Catherine N. Moor-Janko~zture Sworn to this ................ ./~..~ ................. day of .............. ~3T ................................... 19 78 ~' Nora ry/p~.~lic - FLOYD F. IqNG, Jt~,. Nota5, Public State of New York No. 52-7267800 Suffolk County Term Expires/~.%arch 30, 19~ FLOYD F. KING JR. 22420 MAIN ROAD. ORIENT. g I. N. Y, 11957 Off: (5161 323-2570 -- RET.: (B16) 323-2413 ASSOCIATES MARll,.YN P. NORKELUN 323-3649 WILMA HOFFMEISTER 765-5532 May 16, 1978 Dr. Jan Moor-Jankowski 431 East 85th. Street New York, N.Y. 10028 Dear Dr. Moor-Jankowskt, In response to your request of the change of value to yoqr property on Village ~ane, Orient, as a result of your recent purchase from William Schriever, I submit the following: The additional property to the north east and south added to your original parcel would increase the value of your total holdings on Village Lane about $2,000. If the additional property purchased north and east were added to your previous parcel there would be no significant increase in the value of thi~ property. ~owever, if the parcel to the south could be establzshed as a buzlding lot, it would have a value of about $12,000. It is my understanding that this ~nformation is to be used in your application to the Southold Town Board of Appeals to divide the above property. Very truly yours, Floyd F. King, Jr. P JOHN WICKHAM, Chairm~ FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL 5outhold, N,Y. 11971 June 15, 1978 TELEPHONE 765- 1939 Board of Appeals Town Hall Southold, New York 11971 Gentlemen: In regard to the Moor-Jankowski petition, please be advised that the Planning Board requested the former owner of this property, William Schriever, to dispose of this and other odd-shaped pieces of property as part of his subdivision preliminary negotiations. In addition, the Southold Town Board suggested to Mr. Schriever that he likewise divest himself of these small parcels. It is for this reason that this petition comes before you. It is the feeling of the Planning Board that this is a reasonable solution. Yours true, hn Wickham, Chairman . Southold Town Plann~_ng Board © O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 12, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2423, application of Catherine N. Moor-Jankowski for a variance. Also included are notification to adjoining property owners as follows: William W. Schriev er, Main Road, Orient, N.Y. 11957; Louis Lionetti, 329 Commack Road, Commack, N.Y. 11725; Joseph C. Kripinski, 179 Nichols Ave., Staten Island, N.Y. 10302; W JTT/bn cc:file © 0 CO~SELOHS AT LAW RIVERH~D, NEW YO~K May 10, 1978 To~n Clerk, Southold N.Y. 11971 Town of Southold Re: Petition of Catherine N. Moor-Jankowski Dear Hfs. Terry: Enclosed please find ori§inal and two copies of the applica- tion, original notice of mailing and ou~ check in the sum of $15.00 representin§ application fee. I would appreciate your advising the undersi~ned of the ex- act time of the hearin§. Encl. yery ~/~/ly yourt, Donald E. Hahone~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: WILLIAM W. SCHRIEVER LOUIS LIONETTI JOSEPH C. KRIPINSKI 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) (-Spee~al-E-x~efft;~m~.~Speei~kPe~mlt~· (the following relief: reduction in area from 40,000 square feet to 17,455 square feet and reduction of lot ). width from 150 feet to 104 feet, more or less 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: W-Village Lane N-Jan and Catherine Moor-Jamkowaki E-Schriever S-Lionetti and Kripinski 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the following relief:Reduction in area to 17,455 square feet and reduction in lot width to 104 square feet, more or less 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Sec. 100.31 Bulk 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 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: _]~e~jL~O ~ 1q78 Catherine N.. Mao~.Jankowski Petitioner Po~t Office Addres~ Village Lane' NAME William W. Schriever Lou~s Lionetti Joseph C. Kripinski PROOF OF MAILING OF NOTICE ADDRESS Y~tnRoad, Orient, 329 Com"~ck Road, 179 Nichols Ave., 11957 Commack, N.Y. 11725 Staten Island, N.Y. 10302 RECEIPT FOR CERTIFIED MAIL SENT TO Mr. STREET AND NO. Main Road P.O., STATE AND ZiP CODE Or POSTMARK OR DATE 5/10/78 PS Form 3800 Jan. 1876 NO INSURANCE COVERAGE PROVIDED-- ($,e ofher ,ide) NOT FOR INTERNATIONAL MAIL STATE OFNEW YORK ) COUNTY OFSUFFOLK) SS.: RITA H. ALAIMO ,residingat552 No. Howell Court, Riverhead, New York 11901 , being duly sworn, deposes and says that on the loth day of May ,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 Rtverhead, N.Y. ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before me this day of May 10th ,19 . 78 Notary Public MARY IEDIN~aER NOTARY PUBLIC, Stale of New No. B2-021882S . 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