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HomeMy WebLinkAbout2415 TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2415 Dated April 27, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert H. Heins c/o Frederick J. Tedeschi 403 Main Street G~nport, New ~ork 11944 at a meeting of the Zoning Board of Appeals on '~une 15, 1978 was 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 ( ) Appellant the appeal 1. SPECIAL EXCERPTION. 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 7:30 P.M. Postponed decision upon application of Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 b (1) for permission to convert an existing one- family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place; east by Clarence Begley; south by Mr. Straussner; and west by Main Street. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE 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 ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 £hair~a~ [Ioard of /i, pp~aJ~ The Board finds the proposed Heins application for conversion of a single family residence with public water, without public sewage, on a 13,800 square foot lot (requirement 80,000 square feet) to a two-family residence in the densely populated area on Route 25, Main Street, a few hundred yards north of the Greenport Village line unacceptable. The present ordinance requires a 80,000 square foot lot for two-family use even though the lot is served by public water and sewage in the residential zone. The Malcolm Pirnie water study of June, 1967, as well as the Board of Health regulations on water and sewage are an important part of the basis of planning in the Town of Southold with particular reference to the size of lots as presently established and as related to population density. The May, 1978, Nassau Suffolk Regional Planning Boarr study under Section 208, Federal Water Pollution Control Act stresses among other things, the importance of waste and water management and emphasizes the importance of population density in the shallow aquifers of the shoreline towns and villages with a view to avoiding unacceptably costly servicing to avoid pollution. The applicant's attorney states that there were two houses on the lot in the past. Our investigation includes a statement by a local resident that only one house existed on the lot as far back as the late 1930's. The fact that two houses may have existed on the lot many years ago is irrelevant under present conditions. The applicant's lot is less than 20 per cent of today's requirement. The 80,000 square feet requirement obtains even if the lot is served by both public water and/or sewage. The applicant refers to an alleged precedent for two-family use set by the Board on an approximately 32,000 square foot lot in Orient - Patrick and Linda Lyons, Appeal No. 2396 - Public Hearing March 23, 1978, - granted subject to conditions. The Lyons application concerned two sepa- rate houses of more than 1000 square feet each, joined by a porch, un- occupied for 17 years, and virtually unusable. The two houses were extremely deteriorated and open to continuous vandalism, the weather a public safety hazard to children and the neighbors. A considerable economic hardship in attempting to use the premises under present zoning was shown. The Lyons houses used a common cesspool system and are located in a prime aquifer region in Orient in an area where lots to the north are zoned one and two acres, and partially developed. The right-of-way to property to the north passes on the easterly lawn of the Lyons property, a highly undesirable feature. Four unique aspects of this situation supported the Board's decision to vary the 80,000 square foot requirement: (1) Existence of two separate residences joined by a porch and used separately in the past. (2) Public safety and welfare required a solution to the dangerous condition of the buildings in the absence of a condemnation ordinance. (3) Extreme economic hardship would obtain if one family attempted to use the property without a rental assist from a second family. (4) A public right-of-way to properties to the north exists immediately to the east of these buildings. On denying the Heins application the Board supports a continuing policy which requires that a two-family use may be permitted by Special Exception where the lot size is twice the minimum lot size required for a single family. In the past this size has increased from 25,000 square feet to 40,000 to 80,000 square feet (present requirement) for two- family use. Financial hardship is not considered an unusual hardship and in the Heins application financial hardship would be considered self- imposed. We agree that there is a scarcity of reasonably price housing, Robert H. Heins -2- July 3, 1978 here and countrywide; however, solution of the problem is not a function of the Board of Appeals. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, be DENIED permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place; east by Clarence Begley; south by M. Straussner; and west by Main Street. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. D~TE ?-~'- 7~ HOUR ~. m~.~ Town Clerk, Town of Soutkold width and area. Location of property: Lots No. 17 and 18 on ~Map No. 3864, Stars Manor, East Marion, New York. ~ 8:20 P.M. (D.S.T.) upon application of Robert Heins, c/o l. Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, ~.for a special exception to the Zoning Ordinance, Article III, Section 100-30 B(1) for permission to convert existing one-family awellzng into a wo- ami y we ing. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Drossos Restaurant, Route 25, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for permission to erect off premises sign. Location of property: West side of Albertson'Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivison. 8:45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to construct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 8:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c/o Gary F. Olsen, Esq. Main Road, Mattituck, New York, foar a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wicham AVenue, Mattztuck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and-the ~siens of the Ame/~ded ~llding Zone Ordim~ce of ~le Town of Sontboid, New hYe~k, public hearings will be uld by the Zoning Board[of~ Appeals at the Town' Hall, Main Road, Southold, New York, on Thursday, May 25, 1978, on the ~liowing appeals: 7:30 P.M.~ (D.S.T) upon aPPlicati°a ~/J~ and Avis Zazecki, Sunset.~ .W~%v, Sou.tho~ New Yori, f0ffa var~ce in aneerdance with the ~ ~di,,, .~e, Article Sebedme to pl//e.a st~i~e shed in the, ;front Location ~/ ll~perty: Sunset Way, Suuthold, New York: Lot No. 178 on Map 90 0/ Cedar Beach Parrk. ' application bf Robert Kow,~l~i -Pine Neck~//aad~ ~ New Y~rk, f_or_ ~ .StOmata' Zaz~d~, ~. st,~'evid~, A~torn~,) for a variam'ein' aecb~f~ with Suh~u/e for permi/siun divide property With in- sufficient road frontal? Location o~.~: Pine Neck Rond~- Sontbo~/I, New York, bound~ on the horth by Ulrich andJ~a~man?east by Smith; south by Pine Neck Road; and west by Smith and Trunce. 7:50 P.M. (D.S.T.) upon application of William C. Rose, 39565 Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Main Road, Orient, New York, bounded on the north by Orient Realty; east by William Rose; south by Main Road; and west by Duvall. 6:~ P.M. (D.S.T.) upon application of Zan Diakes, c-o Frederick J. Tedeschi, Esq, 403 Main Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient width and area. Location of property: Lots No. 17 and 18 on Map No. 3864, Stars Manor, East Marion, New York. ~' 5:20 P.M. (D.S.T.) upo~ application of Robert Heins, c- o Frederick J. Tedeschi, Esq., ~ 403 Main Street, Grean}~ort, New York, for a specia! exy ception to the Zoning Or- dinance, Article III, Section 100-30 B(I) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Dressns Restaurant, Route 25, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for I?r- mission to erect off premmes sign. Location of property: . West side of. Albert~ou',Lane,, Greenpurt, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivision. 8:45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 8:55 P.M. (D.S.T.) upon ~pplication Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. Avenue, Mattitucl~, bounaea on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Seclion 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. Dated: May 15, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM18-29~8 'FOLK, ] YORK. ~ ss: S..O.N. .................. being duly Sworn, · is Printer and Publisher of the SUFFOLK a newspaper published at Greenport. in said :he notice, of which the annexed is ~ printed ublished in the said Suffolk Weekly Times ~, for ............. .O.N. ~. ..........weeks ~encing on the ......... ~]~G}i~I~I/iNTI;t .... ............ ! IVAI~'Y 1L DOUGIA,~ NOTARy PUBLIC, Stat~ of N~v l~e~/C~ng in Suffolk Cl2n,. No. 52-609~5 Commission E~dr~ M~'ch Marion, New York. ' ~- 8:20 P.M. (D.S.T.) upon [application of Robert Heins, c- lo Frederick J. Tedeschi, Esq., 403 Main Street, Greenpert, New York, for a special ex- ception to the Zoning Or- dinance, Article III, Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Drossos Restaurant, Route 25, Greenpert, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for per- mission to erect off premises sign. Location of prope~'ty: West side of Albertson Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivision. 8:45 P.M. (D.S.T.) upon application of Baywew Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 8:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. Dated: May 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM25-2993 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 1, 1978, on the following appeals: 7:30 p.m. (D.S.T.) upon application of John and Avis Zezecki, Sunset Way, South- old, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Location of pro- perty: Sunset Way, Southold, New York: Lot No. 178 on Map 90 of Cedar Beach Park. 7:40 p.m. (D.S.T.) upon application of Robert Kowal- ski, Pine Neck Road, Southold, New York, as agent for Stefania Zazecki, (George C. Stankevich, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient road frontage. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Ulrich and Lademan; east by Smith; south by Pine Neck Road: and we~t 7:50 p.m. (D.S.T.) upon application of William C. Rose, 39565 Main Road, Orient, New York, for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to construct a five (5) foot fence in the front yard. Location of property: Main Road, Orient, New Yorl~, bounded on the north by Orient Realty; east by William Rose; south by Main Road; and west by Duvall. 8:05 p.m. (D.S.T.) upon application of Zan Diakos, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient width and area. Location of property: Lots No. 17 and 18 on Map No. 3864, Stars Manor, East Mari- on, New York. ~ a8.!?_p.m. (D.S.T.) upa! pplication of Robert Heins c7o Frederick J. Tedeschi E~q., 403 Main Street, Green port, New York, for a special exception to the Zoning Ordi- nance, Article III, Section 100- 30B(I) for permission to con- vert existing one-family dwell- ing into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place; east by Clarence Begley; south by M. Strauss- ncr; and west by Main Street. 8:35 p.m. (D.S.T.) upon application of Drossos Res- taurant, Route 25, Greenport, New York, for a Special Excep- tion to the Zoning Ordinance, Article IlL Section 30 C fill far COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRaVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk CounB/; and that the notice of which the annexed is a printed copy, nos been published in said Long Island Traveler-Watch- man once each week for ....................................... week~ ~uccessively, commencino on the .'.:.%2 ................................ Sworn to I:mfore me this 'jr X day at . : .................. 19..~..~... ................ ............. willu, ot! and wh¥-nol N D id J. Willmo~t, Editor Legalize two-family housing Housing for newly marrieds and for senior citizens on limited incomes is an enormous problem here on Long Island. A decent two bedroom apartment in one of the newer complexes generally rents from $275 fo $400 per month. An alternative, a mobile home, costs those who can buy and pay for them, $10,000 to $20,000 in cash and between $90 and $200 per month for space rental, utilities and insurance. For people on fixed or limited in- comes, if means moving off Long Island or entering into an illegal arrangement fo share a house with someone else. Two families, living in a home in a non-residential area are considered illegal. Both landlords and renters are breaking the law and subiecting themselves fo fines and im- prisonment. The argument against two family houses is that they are placing twice fha usual burden on the sewage, roads, schools and other services. Therefore, they are not desirable for the good of the community. Realistically, most homes, currently rented es two family houses, formerly sheltered a family of four fo six people. /V~osf people, living in a single house occupied by two families, are without children and, therefore, place no demands on the school system. The financing of schools in most communities makes up over 50 per cent of the real estate taxes paid by homeowners. On Long Island we have had a tendency to build homes to accommodate families. As the families grow and kids move out on their own, parents are left with much larger homes than are needed. Our zoning laws force a waste of space, space desperately needed by other older couples, young marrieds and singles, who have not started families. Single family houses that are owner-occupied but converted to serve the needs of two families are just as desirable. The owner is on the premises and can carefully select his tenant and monitor their activities to conform with the neighborhood lifestyle. This arrangement is better than placing hundreds of families in apartment buildings where there is virtually no supervision by owners or anyone else. All through Long Island we have testimony to the weakness of apart- ment rentals. /V~any apartment complexes built during the last decade are already slums because of lack of supervision. Illegal two family houses are a way of life throughout the county and will continue to become more so as real estate faxes accelerate. People faced with having to sell out for a fraction of a house's worth or break the law by renting part of the house, will choose fo become a lawbreaker. Suffolk Life is well aware of the number of illegal two family homes in existence because of our saturation delivery system. Hardly a day goes by we do not receive a call asking for delivery of OUr paper. When we check our records, we find a delivery is already being made to the house. On one particular route, we counted 127 front doors, On that same route today, we are delivering 176 copies of Suffolk Life and there isn't one duplicate. Our town and zoning boards must face this question head on. If is ob- vious there is little they can do to reduce real estate faxes so, therefore, they must introduce a way people can afford to remain in their homes. Legal conversion of single family dwellings info owner-occupied multi- family residences is a solution and an answer fo the housing shortage on Long Island. It's one that makes sense from homeowners, renters, and from the government's standpoint. Let's get on with if ! And why not? TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ....... $J.4~1, .R. ................................................ Date Y~. Robert He:Ln8 To ....~ZO.. ~l:'.{{d.eiJLJ,(~..,3'..... ~.lKJfl J~,h.L e... Z jq. .......... .4.0.3.. Y,~J,m ..S~,,~e~. ................................. .......... G~O~l~r.t ...lqf~w..Xor~.....ll2&4 ....... ................. · M&y....],Z, ...................... , 19.~8. PLEASE TAKE NOT CE that your app cqt on dated J~J~,JJ, 2~., , 1911 for permit l~.eememme ....i .............: ................. at the prem ses ocated at ...... .~..<~..~..~.~..~...-~...~..f-~_~' · ~'"'i'~' .~.~..,?~. ,: ........................... -- Street ./~~'--- Map .................................... Block ............................................ lot ................................................ is returned herewith and disapproved on the following grounds .................. ~:..~.~ .................. ......... ...... ....... Building Inspector George F~sher TOWN CLERK 765*3783 Building Dept. Ptanning Bd. 7GG.~x Board of Appeals 1802 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 .... Bo&.r4:]. · {)~..Al~pea, ls .............. of the town of ..... J~lo~thol~ (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 ................ Special permits .... Z ......... Variances Robert Heins Main Road Orient, New York Location of affected land: ....Cb. me=...Qf...F~Atap~.. Rl~,¢.e...~,~A~.. ~.~.]P,...~..t;.~..e..e..~. ~....G..=...e..e. D .~9...z;.~.,...New within 500 feet of: (check one or more) York o ................ Town or village boundary line, or shore line .... ~X. ........ 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 Comments: Applicant wishes to convert one family dwelling into a two family dwelling Date received by Suffolk County Planning Commission File No ................................. (signed) '~ /TOWN OF 80UTHOLD, NEW YORK APPLICATION FOB SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. APPLICATION NO. c~ ~/~ .RO~ERT..H....HEINS ...................................... of ......... Mair~...Ko. ad .............................................................. Name Street and Number Orient Municipality New York 11957 State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30 SUBSECTION B (1) TITE SPECIAL EXCEPTIONISREQUESTED BECAUSE Applicant is purchaser under contract of sale of premises known as 1116 Main Street, Greenport, New York, contingent upon approval of this Zoning ~oard of Appeals t? convert.existing one- family two story frame house into a two (2) family dwelling. The approval of said exception by this Board would be in harmony with the intent and purpose of the Zoning Ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: (a) Applicant would not increase the size of the building in relatioD to the lot size in comparison to other and similar buildings in the area. Copy of survey made by Van Tuyl & Son attached he~eto. (b) Upon information and belief there are several other dwellings within the area housing two or more families. (c) It would be in harmony with and consistent with the natural uses of this and other dwellings in the area. In addition, the Applicant herein respectfully states to this Board: (d) Applicant proposes to spend in excess of $ 5,000.00 to completely do over the interior ~Y~z of the buil4ing if permission is granted herein. (e) Applicant has limited means and the granting of this application will enable him to have adequate housing for his family within his means aided by the rental from the second floor apartment. STATE OF NEW YORK ) COUNTY OF SUFFOLI,~. ~,,~ swo~r~ th~ .>. ............ ~....~ o~ ...... Aprj.J..._., LL.7.8 ....... ................................... · ........................... ......... FREDERICK J. TEDESCHI NOTARY PUBLIC, Stct~ of Nov/ ¥orJ( No. 52 - 394S400 Quolified in Suffolk County Comrnls~ion Expires March 30, 19~7 Signature Robert H. Heins FORM ZB2 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. l., N. Y. 11971 TELEPHONE (516) 765-1801 April 27, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2415, application of Robert H. Heins for a variance, submitted by Frederick J. Tedeschi, Esq..Also included are notification to adjoining property owners as follows: Clarence Begley & Wife, Knapp Place, Greenport, N.Y. 11944; Estate of Marjorie F.Straussner, 310 Pabst Lane, Santa Maria, California 93454. JTT/bn cc:file Enc./ ~udith T. T~ Town Clerk S,~ffolk County D~p~r~nent of Planning Lee ~.enz,'~.:~'c:~ F:-c~:~::ive O-~fice ~ilding Wat~v~n~ ii-.~or:~al High~ay Ha~ppauge~ i!=~-~ York 11707 (516) 979-2918 Petitioner: Robert Heins Mun. File No: 2415 Southold Town Board of Appeals Town Clerk's Office Main Road S.C.P.D. File ~!o.: SD~78.6 Southold, NY 11971 Pnrsu-m~.t to the re~uirements of Sections 1~23 to 1332 of the Suffolk County Charter~ the above captionsd application which has been referred to the Suffolk County Planning Commission is c~sidered to be a matter for local determination. ~e decisiom of local determination should not be construed as either an approval or disapproval. Ce~ents~ Appears inappropriate as no information has been submitted ~o demons~ra~ compliance wi~h established "use variance" criteria. Very truly yours, Lee E. %oppelman Birector of Planning ¢CN:jk by .__f-..,._3 ~ ,~ ~,.:: ~ Gerald G. tYewman Chief Plauner TOWN CLERK 765-3783 Building Dept. Planning Bal. 765.2660 Board 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 ..... ]~)~'.~...O.f..A. Dp.e.a.l.s' ............. of the town of....S.O.~ .t.h.o.l.d. ................. (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 ................ Special permits ...... ~ ....... Variances Robert Hein8 Main Road Orient, New York Appeal No. 2415 11957 Location of affected land: (~O/~.T~.~.~ within 500 feet of: (check one or more) York ................ Town or village boundary line, or shore line ...... ..X. ....... 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 Comments: Applicant was denied permission to convert one family dwelling into a two family dwelling Date: ........ ~u~.e...16., ...19.7.8 ....... (signed) Robert W. Gillispie, Jr. .............. .C.h~.~rm~ ............................................... Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ROBERT H. HEINS : to the Board of Appeals of the Town of $outhold : NOTICE TO: CLARENCE BEGLEY & WIFE KNAPP PLACE GREENPORT, NEW YORK 11944 ESTATE OF MAR3ORIE F. STRAUSSNER 310 PABST LANE SANTA MARIA, CALIFORNIA 93454 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 ~ (Special Exception) ]~]~{]}~:t~(the following relief: To convert ,xi~t~nC one (1) family dwelling into a two (2) family dwelling. 2. That the property which is the subject of the Petition is located adjace.nt to your property and is des- cribed as follows: at the corner formed by the intersection of the southerly side of Knapp Place with the easterly side of lemin Street; being 118.76 feet on Main Street, 117.88 on Knapp Place, 115.28 feet adjacent to land of ~ntraussne~.{u~d. 1~9.0.0 fe.et _adjacent. to. lan.d, o~ ~Fgnce Begley. Premises also own as ILko ~laln S~ree~. ~reenpor~, New xor~ LL~. 3. That the property which is the subject of suc[~ Petition is located in the following zoning district: A re.~ d~nt{ al and ngr~ r_:~l t~r:al h~ .~tr~ e_t. 4. That by such Petition, the undersigned will request the following relief: Permission to convert existing one (1) family dwelling into a two (9) family dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article III, Section 100-30 Subsection B (1). 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. Petitioner Robert H. Heins c/o Frederick J. Tedeschi Post Office Address 403 Main Street Greenport; New York 11944 516 477-2048 PROOF OF MAILING OF NOTICE NAME ADDRESS CLARENCE BEGLEY & WIFE KNAPP PLACE, GREENPORTR NEW YORK 11944 ESTATE OF MARJORIE F. STRAUSSNER 310 Pabst Lane, Santa Maria,California 93454 Z RECEIPT FOR CERTIFIED MAIL Straus~ne~ "°310 Pabst Lane P o. ~XTE AND z~P%oo[ Santa Maria, RE~TRICIFD%LLIV£R~ ---~ ~ SPECIX[ OELIVENY (extr~ leg ,,4uir'~) POSTMARK Estate of Marjorie F. ORDRTE PS Form J~n. lO~$3800 NO INSURANCE COVERAGE PROVIDED-- (S.e other side) NOT FOR INTERNATIONAL MAIL ~!~.GP01975 O 591 452 STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: RECEIPT FOR CERTiFiED MAIL ~0.0~ e ey&Wife C%~rence ~ g~ - PSjan. 1976Form 3800 NOT FOR tNlt~Ma~ ROSE AMBRUSO ~ residing at GREENPORT, NEW YORK 11944 , being duly sworn, deposes and says that on the ~ ~--day of APRIL ,19 78 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at GREENPORT, NEW YORK ; that said Notices were mailed to each of said persons by (certified) (~ mail. Sworn to before me this ~ 7 day of April ,19 78 FREDERICK J. TEDESCHI NOTARY PUBLIC, Slate of New' No. 52-3945400 Qualified in SufiColk County Commission Expires March 30, tg'/'7 Rose Ambruso \ Legend Revisions ' ',~;,:~ - tl7,$,~ 5,75'20"~. AM~ P OF P~OPEP_TY PAT~ICIA Dec.