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HomeMy WebLinkAbout2466TOI~N OF SO~THOLD, NEW YORK DATE ...N....O._V...:...._6.., 1978 ACTION OF THE ZO~G BOAR~ OF APPEALS Appeal No. 2466 Dated August 16, ACTION OF THE ZONING BOARD OF APPEALS OF THE TollrN OF SOUTHOLD To Betsy Latham R. R. 115 Orient, New York 11957 1978 Appellant at a meeting of the Zoning Board of Appeals on October 19, 1978 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to properly (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. 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 beeanse 7:40 P.M. (D.S.T.) Upon postponed decision upon applica- tion of Betsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) umque 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. FORM ZB4 ~ ZONING BOARD OF API:~ALS / ) be denied and After investigation and inspection the Board finds that the applicant wishes to divide her property with insufficient frontage on a Private Road in Orient, New York. The applicant has been able to create two, 40,000 square foot lots by crossing a right-of-way and including part of property owned by the applicant and George E. Latham, Jr. to the south. 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 the 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. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED that Betsy Latham, Private Road, Orient, New York, be GRANTED permission to divide property with insufficient frontage as requested. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company, upon the following conditions: (1) Property will be divided as shown on survey of Van Tuyl dated September 27, 1978. (2) Applicant right-of-way. receiving approval of access over 16 foot (3) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RECEIVED AND FILED BY T}LE SOUTHOLD TOWN cm'iK Town Cl,rt~, Town of Southold LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, October 19, 1978, on the following appeals: 7:40 P.M. (D.S.T.) Postponed decision upon application of Betsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. ~ 7:50 P.M. (D.S.T.) Upon application of Russell Tabor and Sons, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Area Schedule to divide property with insufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct an addition to the greenhouse with insufficient side yard area. Location of property: Main Road, Mattituck, New York, bounded on the north by Main Road; east by W. L. Grabie; south by John Wickham; west by R. C. Kopf. 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road, Greenport, New York, for a variance in accordance LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town RaH, Main Road, Southold, New York, on Thursday, October 19, 1978, on the following appeals: ~ ~ 7:40 P.M. (D.S.T.) Pest- poned decision upon ap- ,plication of Betsy Latham, Private Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordinance to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 7:50 P.M. (D.S.T.) Upe~ application of Russell Tabor and Sons, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Area Schedule to divide property with in- sufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Sehriever; south by Tabor and Sehriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaqulliard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to conntruct an addition to the greenhouse wfth insufficient side yard area. Location of property: Main Road, Mat- tituck, New York, bounded on the north by Main Road; east by W. L. Grabie; south by John Wickham; west by R. C. Kopf. 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road, Greanpor.~, New York, for a variance m accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for rmlssion to construct a insufficiant and rear yards. Location of property: Robinson Road, Greenport, New York, beanded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of Willinnl and Peggy White, First Street, Now Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczell. 8:50 P.M. (D.S.T.) Upon application of Raymond and Adah Redfield, 255 Willow Street, Reslyn Heights, Now York, for a variance in ac- cordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for h a! no a permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, Seuthold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road. 9:00 P.M. (D.S.T.) Upon application of Sarah Ransch, 1223 Cocnegia Avenue, Far Ronkaway, New York, (John S. Sherwood, as Agent), for a special exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Location of property: Gull Pond Lane, Greenport, New York, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutcbegue, New York; Bruce McLean Case, New Suffolk Lane, Cutchogue, · New York; and Walter Ternsko, New Suffolk Lane, Cutchogue, New York (Richard F. Lark,Esq.) for a variance in accordance with the Zoning Ordinunce, Article III, Section 100-31 and. Bdlk Schedule for permission to divide property with sufficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bounded on the north. ,by James Horton; east by John Wickham; south,by other land of Teresko w~t by New Suffolk Road. '~' . : - 9:20 P.M. (D./k'D0 ~p~ application of Sa~.Jacob~ 605 Soundview ~ Avenue Mattituck, New ~/~k, fo~a variance in acute the Zoning Ordim~cefArfiel/ III, Section lg~-3~'~or mission to con~l~ ~n cessory bulldin~'lnYae front yard area. I~o~ion ,of property: Sound~l,~vanue, Mattituck, N~i~. ' york, bounded on the nor~ by Long Island sound; east by Saltairo Civic Association; south by Seundview Avenue; west by J. McLanghlin: 9:30 P.M. (D.S.T.) Upon apphcatioa of Henry Luee, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2 for permission to construct a fence arrund an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Read; east by Sim- mens; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ITO12-3075 COUNTY OF SL STATE OF NEY ..... ~roF..Gu,a says that .. 1~ WEEKLY TIME~ county: and t~at copy, has been once in ench successively co~ day of . ~wo~rll to b~.~. day of .... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town LaW and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York, ~_public hearings will be held b~ the Zoning Board of Appeab at the Town Hall, Main RovJ, Southold, New York, on Thurs- day, October 19, 1978, on the following appeals: 7:40 P.M. (D.S.T.) Post- po~ed decision upon applica: tion of Betsy Latham, Private Road~ Orient, New York, for a variance in accordance with the Zoning Ordinance to divide property with insufficient fron- tage and area. Location of property: Private Road, Orient New York, bounded on the north by Wilsberg; east by G.E. Latham, Jr.; south by Private Road; west by Lonl Island Lighting Company. 7:50 P.M. (D.S.T.) Upol abplication of Russell Tabor and Sons, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Area Sche- dule to divide property with insufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct an addition to the greenhouse With insufficient side yard area. Location of property: Main Road, Matti- tuck, New York. bounded on the north by Main Road; east by W.L. Grable; south by John Wickham; west by R.C. Kopf. 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road. Greenport, New York, for a variance in accordance with thc Zoning Ordinance, ArUcle ltl, 5~Ct/O.1 I00-31 and Bulk Schedule for permission to construct a house with insufficient front COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long)slond Traveler-Watch- man once each week for ........................................ [ weeks successivel commenc n on the ............ ,,... .__..~ ~ ................. ~~7...: .......... ~.. Sworn to before me this ....~_~.~. .............. d~V or Notice of Hearings -2- September 7, 1978 8:40 P.M. (D.S.T.) Upon application of Albin Januick, (Rudolph H. Bruer, Esq.) Kouros Road, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk, area and parking schedule, for permission to divide property with insufficient frontage and area. Location of property: Kouros Road, New Suffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by Harkins; south by Kouros Road; west by V. Gleason. ~, 8:50 P.M. (D.S.T.) Upon application of Betsy Latham, Privat~ Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 9:05 P.M. (D.S.T.) Upon application of Eastern Long Island Kampgrounds, Queen Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 B (1) as revised by Local Law No. 4, 1978, Chapter 88, Article II. Loca- tion of property: Queens Street, Greenport, New York, bounded on the north by County Road 27; east by Queen Street and Village of Greenport; south by Village of Greenport; west by Village of Greenport, Judith F. Fenno, Arthur Francisco and Mrs. Leo Sledjeski. Dated: August 28, 1978 PLEASE PUBLISH ONCE (1) BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS AUGUST 31, 1978, AND FORWAPd] SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO SEPTEMBER 7, 1978. 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. held by the Zonin-~ Boara ot Appeals at the Town Hall, Main Road, Scuthold, New York, on Thursday, ~ep- tember 7, 1978 o~ the 8118 P.M. (D . .) Upon 'application of E ~len:~.nn Sarnowski (At lai~ A. Wickham, Esq. . ~or a variance in acco~ ac~ with III, Section 100-30 ~ Schedule for pen ~ to ehnugc lot lin~. I s[ion of properOJ: Old Cl ~ frond, 135 l~ap of bl~ m Cutehnguc} blew Y 4. 8:15 P.M. (D.8 1'.)i IJpon applioatiun of K..I... B..rown Mfg. Co., Inc., WtcKaam Avenue, l~at tiinek, ~ York, (Twin Fork Fence ~ ~ent) for a vm"iune~ in ~ce with the go,n~. .~'tiele III, 8eeti~ 1110-35 for .per?~s. i~ to eroct~a 6 foot 6 tach fence around entire property. Location Of property: Wiek~-m A~..~nu?, Mattituck, Ne~ forK, bounded on the aorth by A. Grossenbacher, D. Peeve, P. Zaph, Willlsm Calyton, C~. Lo'r~ga; east by ~r~ckham Avenue; sunth by L0e~Islund Railroad; west by Maiden Lane. 8:35 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article III, Section 100-~ for permission to erect an accessory shed in my front yard ar~a. Location of property: Lceton Drive, Soufhold, New York, bounded on the north by Long Island ~o~_dl east by P. C. Carrol~ Pa~233 south by Leeton Drive; west by H. Freedman. 8:40 P.M. (D.S.T.) Upon application of Albin Janulck, (Rudolph H. Bruer, Esq.) Kouros RoaO New Suffolk, New York, f, variance in accordance ~, . the Zoning Ordinance, Article III, Section 100-31 and Bulk, area and parking schedule, for per- mission to divide property with insufficient frontage and area. Location of property: Kouros Road, New Suffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by Harkins; south by Kouros Road; west by V. Gleason. 8:50 P.M. (D.S.T.) Upon application of Betsy Latham, Private Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to clivicle property with insufficient frontage and area. Location of property: Private Road, Orient, New York, boUnded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Privat~ Road; west by Long Islan( Lighting Company. 9:05 P.M. (D.S.T.) Upon application of Eastern Long Island Kampgrounds, Queen Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 10~-50 B (5) and Article V1, Section 100-60 B (1) as revised by Local Law No. 4, 1978, Chapter 88, Article II. Location of property: Queen Street, Greenport, New York, bounded on the north by County Road 27; east by Queen Street and Village of Greenport; south by Village of Greenport; west by Village of Greeaport, Judith F. Fenno, Arthur Francisco and Mrs. Leo Sledjeski. Dated: August 28, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA31-3052 COUNTY OF SUFFOLK, } ss: STATE OF NEW YORK, j ~.~gY.....6.~.8.~..aX~..°.~. ................. being duly S ~ys that . ~lt~ .... is Printer and Publisher o! the SUF: ~rEEKLY TIMES. a newspapez published ~'t Greenpo~t. ~ountyl and that the notice, of which the annexed is u p copy, has been published in the said Suffolk Weekly once in each week, tot . OIl~ ....................... successively commencing on the .~]?-;t-X~Y..~.:[.~..~.~,... d~r of .. Attglll~.~--..., ._...~. ....... {.."~"-~". 'i ....... :~'~ ............. befole me this .i.. Sxvorn to ~- I .. ~ay of . LEGAL NOTICE l NOTICE OF HEARIN Pursuant to Section'26/'of the Town Law and the pro- visions of the Amended Build- ing 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. September 7, 1978, on the following appeals: 8:05 P.M. (D.S.T.) Upon application of Helen Ann Sar- nowski (Abigail A. Wickham, Esq.), for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule for permission to change lot lines. Location of properly: Old Cove Road, Cutchogue, New York, Lot No. 196 Map of Nassau Point, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon application of K.G. Brown Mfg. Co.. Inc., Wickham Ave- nue, Mattituck, New York, (Twin Fork Fence as Agent) for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-35 for pgrmission to erect a 6 foot 6 inch fence around entire pro- perty. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by A. Grossenbacher, D. Reeve, P. Zapp. William Guy- ton, G. Lomaga; east by Wickham Avenue; south by Long Island Railroad; west by Maiden Lane. 8:35 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York. for a variance to the Zoning Ordinance, Article II1, Section 100-32 for permission to erect an accessory shed in my front yard area. Location of property: Leeton Drive, South- old, New York, bounded on the north by Long Island Sound; east by P.C. Carrol; south by Leeton Drive; west by H. Freedman. 8:40 P.M. (D.S.T.) Upon application of Albin Januick, (Rudolph H. Brueri Esq.), Kouros Road, New Suffolk, New York, for a variance in accordance 'with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk, area and parking schedule, for permis- sion to divide property with insufficient frontage and area. Location of property: Kouros Road, New Suffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by Harkins; south by Kouros Road; west by V. Gleason. 8:50 P.M. (D.S.T.) Upon ~n of Be~, Private Roadt O~'ient, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 31 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G.E. Latham, Jr.; south by Private Road: west by Long Island Lighting Company. 9:05 P.M. (D.S.T.) Upon application of Eastern Long Island Kampgrounds, Queen Street, Greenport, New York, for a ~pecial exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 B (1) as revised by Local Law No. 4, 1978. Chapter 88, Article II. Location of property: Queens Street, Greenport. New York, bound- ed on the north by County Road 27; east by Queen Street and Village of Greenport; south by Village of Greenport; west by Village of Greenport, Judith E. Fenno, Arthur Fran- cisco and Mrs. Leo Sledjeski. Dated: August 28, 1978. BY ORDER OF COUNTY OF SUFFOLK ss: STATE OF NEW YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; 3nd 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 su¢¢e~iYel% cornmencir~ on th~ ................................... .............. ................ .:.....:'. ....... 7 Sworn to before me I~is ~d/ day 19....~...~ of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 16, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2466, application of Betsy Latham for a variance. Also included is notification to the following adjoining property owners: E. Wilsberg, G. E. Latham, Jr., LILCO. FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ....... ~4~ ................................................ Dote ...................... lt,~l~mll,..~lOy ......... , 19.70. To ....M~O¥. "~8~" 'L~t ~:{'ta~ ............................ ........... ,R....I~...Z.,1,5 ................................................ .......... O~Lent.,...Now...yo~k.....Z& 05'~ .............. PLEASE TAKE NOTICE that your application dated .................. v~.th ~.nsu£f~.al.ont r · and £~ ntage for permit to ~ d~..v.~.de..~OpO~C~/...ot the pre~e~ocote~at l~r.[va~o..Ro[~., ..... Mop .................................... Block ............................................ Lot ................................................ is returned herewith and d,~opproved on the fo,,ow~ng groun~ ..~,;.~.~.~....C~.~.....~.~..'.~....---- ~, ................ .~..,...h...~.~.,...4..: ......... ~,,~ ~T,, ~,~ ~,,,. ~ ~ ~, ~'~' ,:~ )~ ~ ~ .. "'T'""I ........................................... U':'-/~' ............................ "~'"',,' .................. Building Inspector G~orge H. F:Lsher TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....A..u..~.u...s..t.....1..6.. :....19 7 8 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....B...e..t..s.k;....L..a...t..h. · .a..m. · ................................ of ...... R..:....R.. :....N...o..:....1...1. ,5.. ,....P..r..i...v..a...t..e.....R..o...a..d. ..... Name of Appellant Street and Number Orient ....N..e..w....Y..9.;;'..k. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~~:C..~d~..../..~ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Nome of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....R~i¥:.~.t~e...]E],o.a~.,..Q1CJ,(~D:~,,...~W...~OZ.k ........................ Street Use District on Zoning Map Map 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.]_, 3. TYPE OF APPEAL Appeal is mode herewith for (X) A'VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 69 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal xgk.~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that to divide a parcel of property with only 133 feet in each lot. Property located on a private right of way. Form ZB! (Continue on other side) REASON FOR APPEAL CI Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIP because Parcel of land contains approximately 1-1/2 acres and would require excessive maintenance for a widow living alone in a basically deserted area of Orient. The lot to be created from this division will be sold to applicant's grandson who will help with the maintenance of both parcels of property. Please note on survey that division line intersects a shed. In event of applicant's death the shed will be moved to her property. Also the applicant's cesspools are now on the new lot and the new owner of the property would have to have new cesspools put on the original lot. 2. The hardship createdis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because piece of land has enough area to create the two lots, but lacks the sufficient frontage on a private road. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the neighborhood consists of a LILCO substation that has a constant hum, the Orient Point Inn which in is run down and a hazard, the New London Ferry and the Island's End Restaurant. Sworn to this ............... 1.~-,...-~..~. ................ day of ........ . ELIZABETH ANN N~ILLE NOTARY PUBLI~, §t~lte n~ New York No. 52-8125~50, SufIoIk l'erm Expite~ March 30, SOUTHOLD TOWN BOARD OF APPEALS --16- September 7, 1978 Kouros Road; west by V. Glcason. Vote of the Board: Ayes: Messrs: Gillispie, and Douglass. Grigonis, Tuthill PUBLIC HEARING: Appeal No. 2466 - Upon application of Eetsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr., south by Private Road; west by Long Island Lighting Company. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits of publication attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: E. Wilsberg, G. E. Latham, Jr., and Lilco. Fee paid $15.00 THE CHAIRMAN: Is there anyone here who wishes to speak for this application? The application is accompanied by a survey BETSEY LATHAM: I do not know what to say though. THE CHAIRMAN: It appears that the house you live in will have 32,000 square feet in it according to this survey. The lot you propose to the west will have 29,000 square feet. Both of these lots are under- sized under the present ordinance. Also as I understood the application your cesspools are on the westerly lot, what you would like to have be.- come the westerly lot. You in turn would have them put cesspools on your lot. Is that correct? Is that what you said? Is it true that you own the property jointly across the right-of-way with George Latham. I think the proper solution of this would be for you to get some land from the parcel across the road and including the right-of-way. Using the right-of- way and taking some of the land from the jointly owned land, you would then get enough ~ have two, 40,000 square foot lots. I do not think this Board can approve of two undersized lots in an area where we already have water difficulty, known water difficulty. And in an absence of small lots in the surrounding area. We suddenly would be creating two undersized lots on what was originally a large farm. Do you understand? KIM DZENKOWSKI: This is my wife's grandmother. The jointly owned property across the street is not directly across the street. THE CHAIRM~N: I know. MR. DZENKOWSKI: It is substantially offset, and would make an extremely odd-shaped lot to include .... THE CHAIP~4AN: I think One thing that would be done, would be to SDUTHOLD TOWN BOARD OF APPEALS -17- September 7, 1978 swing the line a little bit. MR. DZENKOWSKI: In order to maintain a minimum amount along side her house, it would still not be possible to get the 40,000 square feet. THE CHAIRMAN: I do not think you can get 40,000 out of either lot unless you add some property to it. MR. DZENKOWSKI: You would need to add some from across the street. THE CHAIRMAN: It is not a street, its a right-of-way. MR. DZENKOWSKI: That is also a right-of-way for another piece of property. THE CHAIRMAN: For George Latham' s? MR. DZENKOWSKI: Well you have another right-of-way involved for the government. THE C~%IRMAN: It is for the government and for the people who live out here isn't it? Wilsberg doesn't have a right of way do they? MR. DZENKOWSKI: He claims he does, but legally, I do not know. THE CHAIRMAN: Actually this is used now up to where you cut to the south on the right-of-way? MR. DZENKOWSKI: Yes, that is what is used for the access. THE CHAIRMAN: That is used by Hughes and the government? We think what you can do is swing this line if you wanted to so that when it reaches the .... in other words an extension of the line that you have drawn. The line now goes through 2 buildings which is not something we like to do as we have gotten into trouble. MR. DZENKOWSKI: Those buildings can be moved in about 2 hours work. There are no foundations under them. THE CHAIRMAN: We think distance of 15 feet, this way, east. ~ if you swing the line, it would change the it would take the southerly end more to the MR. DZENKOWSKI: Let me explain what I mean. The purpose of this was to give him a back yard, something that was usable. MR DOUGLASS: You only have to swing this a little bit. THE CHAIRMAN: You don't have to swing it this way if you don't want to. MR. DZENKOWSKI: He prefers not to have a jog in there. I don't know if I don't blame him. It's a matter of preference, of course. · SOU~HOLD TOWN BOARD OF APPEALS -18- September 7, 1978 THE CHAIRMAN: It was just the most obvious thing that we saw. MR. DZENKOWSKI: That would substantially reduce her frontage. Wouldn't that make a problem as far as access? THE CHAIRMAN: No. MR. DZENKOWSKI: What would have to happen then is to separate it then, because it is jointly owned. THE CHAIRMAN: I think you would have to do that. and George Latham, Jr. who own the property together. It is you MRS. LATHAM: I do not think we would stop the sale of that sometime. mine to give to him. should really divide that. It I would rather take more off of THE CHAIRMAN: You see the problem is you do not have enough. MR. DOUGLASS: May I make a point. George has this piece in between your house and his, an area like this. If you get together with Geore, we figured this out. We will give you the area of the road in the property that you are lacking so that you are not losing the area of the access. THE CHAIRMAN: The access has about 4200 feet in it. This will help you. MR. DOUGLASS: It w%ll take you about 70 feet into this land to get the rest of the land. If George also took that 70 feet and added it up to here at a later date if he wants a building lot between the two houses, he will still have enough. You will still have 323 feet between that strip and the Bay for building lots. MR. DZENKOWSKI: As it is now that parcel is roughly 4 acres. As it stands now, it is perfectly dividable into 4 building lots. THE CHAIRMAN: But 40,000 square feet is a building lot. What you need is about 14,000 square feet. We have worked it out here. Borrowing 4200 feet here in the right-of-way which actually you could move the right-of-way down here. Which might provide for an entrance to these three lots down here. MR. DZENKOWSKI: That could be moved, but right now it is used for heavy equipment for the telephone company. THE CHAIRMAN: This one, or this one. MR. DZENKOWSKI: The whole thing because their telephone line comes straight down here. They use the right of access here. They move some fa~.rly large equipment. The government runs their bulldozer down there. To put a road down there, it would have to be something substantial. MR. DOUGLASS: But when you subdivide over here, you will still have SOU~HOLD TOWN BOARD OF APPEALS -19- September 7, 1978 to provide a %;ay into the property. Ail the surrounding area property is an acre. MR. DZENKOWSKI: What I was trying to point out is that it is possible at a future date. MR. DOUGI~SS: It will get subdivided at some future time. All your surrounding area is now one acre. Along in back of you and every- think else. MR. TUTHILL: What if you go all the way to the Bay with a narrow strip. That might give you the 40,000 square feet. THE CHAIRMAN: You could even take in this other right-of-way. MR. TUTHILL: When that is ever sold, you will have to have a 20 to 30 foot right-of-way. WILLIAM WYSOCKI, JR: I do not want the 30 foot strip on the Bay, since I am going to buy that lot. MR. TUTHILL: That would seem to be the most desirable place to pick up the footage. THE CHAIRMAN: See, you must pick up 40,000 square feet here some- where. Total. BETSY LATH~4: You can't take it from my house? THE CHAIR/~AN: See, this is the problem. One of the lots is 32,000 and the other is 29,000 square feet. There is the deficit needed for eack lot to make two, 40,000 square foot lots. 7,000 square feet on one lot and 10,000 square feet on the other. MR. DOUGLASS: MRS. LATHAM: situated right now? You have to pick up land for both parcels. 'Who but my grandson would buy a lot the way it is MR. DZENKOWSKI: This is definitely industry. The circut breakers flip on and off during the night. There is alot of noise there. MR. DOUGLASS: We have a big problem with the water table down there. MR. DZENKOWSKI: That is the same as Bruer went through. MR. DOUGLASS: That is not true at all because the water tests have already been made down there. The supply has already bcen determined for the whole point. MRS. LATHAM: That does not affect the water where I am. MR. DOUGLASS: It affects the number of lots. MR. DZENKOWSKI: That was behind the Inn. know if the water supply is there or not. You certainly don't SOUTHOLD TO~N BOARD OF APPEALS -20- September 7, 1978 MR. DOUGLASS: Yes and no. THE CHAIRMAN: Well, Bob, you installed the irrigation, didn't you MR. DOUGLASS: The irrigation when Ed Hommel put it in. They had a problem there. THE CHAIRMAN: We know there is a water problem. We know the Wilsberg and Cron group have been held up for that reason. It would ill. behoove us to create undersJzed lots where there are none. MR. DZENKOWSKI: Do they have a proposed map for their develop- ment down there? Are all those one acre lots and the minimum frontage and all? MR. DOUGLASS: Yes. THE SECRETARY: The last proposal to the Planning Board was for cluster zoning. MR. DOUGLASS: That was turned down. THE SECRETARY: No, they never pursued it any further. MR. DZENKOWSKI: If you force thcse people to have 40,000, and then the Planning Board approves their cluster zoning. They are going to have irregular shaped lots down there. THE CHAIR~IAN: We do not have anythi,%g to do with cluster .zoning. MR. DOUGLASS: It does not come before this Board. MR. DZENKOWSKI: The point I am making is this is not fair to either party, for the planning board to accept it and you refuse this. THE CHAIR~N: The cluster zoning is related to the water supply. Then it is fair. That might be the reason you might have to have cluster zoning. MR. DOUGLASS: They might cut down the number of houses they could put out down there. MR. DZENKOWSKI: I see what you mean. MR. DOUGLASS: Make him leave all sorts of open land. It would make it come out to alot more than an acre then. THE CHAI~4AN: Even one acre zoning involves alot of water. MR. DOUGLASS: Why don't you ..... ~ to ~ao~7~c .... ............. with a line. MRS. LATHAM: I don't think he would go along with that. S.0U~HOLD TOWN BOARD OF APPEALS -21- September 7, 1978 MR. DOUGLASS: I don't know, he works pretty well with you. MR. DZENKOWSKI: would not agree to the reapply as it is? Just for the sake of argument. Let's say, he changing of the lines, would it behoove us to THE CHAIRMAN: Who owns this right-of-way right here? MR. DZENKOWSKI: It is a jointly owned right-of-way. MRS. LATHAM: We own the road down past where Dwight lived and then Wilsberg. They had a right of way over our land, and we had one over theirs. THE CHAIRMAN: When you say "we", do you mean you and George, Jr.? MRS. LATHAM: No, my husband and me. THE CHAIRMAN: You owned this right of way, down by the Bay? MRS. LATHAM: He and his brother. Now George, Jr. owns the other half with me. THE CHAI~4AN: You can always come back. I do not know what we can do for you. We can always reconsider it. It would be pretty difficult to permit somebody who owns this much land to create undersized lots. ~lR. DOUGLASS: If you weren't surrounded by one acre do%~n there .... MRS. LATHAM: I had hoped you would grant this so I would be able to have someone down there with me. It is very hard for me there alone. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals POSTPONE INDEFINITELY the decision on Appeal No. 2466 in order to allow for a workable solution to be found. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, ?uthill, and Douglass. PUBLIC HEARING: Appeal No. 2463 Upon application of Eastern Long Island Kampgrounds, Inc., Queen Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 E (1) as revised by Local Law No. 4, 1978, Chapter 88, Article II. Location of property: Queens Street, Greenport, New York, bounded on the north by County Road 27; east by Queen Street and village of Greenport; south by Village of Greenport; west by Village of Greenport, Judith F. Fenno, Arthur Fran- cisco and Mrs. Leo Sledjeski. · The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits of publication attesting to its publication in the official newspapers, and disapproval from the 1 COMMISSION '~e~ A, Hubbard I~¢ Ii, Koppeln'~ Oitecto~ of Plannin9 Suffolk County Department of Planning Feleranz Memorial Highway JOHN V.N. KLEIN. County Execulive Hauppauge. L. I.. N. Y. 979-2918 11768 Town of Southold Board of Appeals October 25' 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 Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number flmtmy T.m~ham Daniel & Laura Shybunko Raymond & Adah Redfield William & Peggy White James Melrose Russell Tabor & Sons Henry Luoe III Sarah Rauch Jean & Bruce Case & Walter Teresko Harry & Arlene Jacquillard Susan Jacobs 2466 2469 2475 2476 2477 2478 2479 2480 2481 2482 2483 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER TOWN CLERK 765-3783 Building Dept. Planning Bd. 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 ..... .B.o.~I..q :~. ~p,~.e. ~.s. ............ of the town of .... .S.o.u.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 Betsy Latham Private Road Orient, New York 11957 Appeal No. 2466 ..... X ........ Variances Location of affected land: ..~,~.~.~..~,.~.~..~Q~.~...Q~'.~.~.n..1;.~...]~.~.~....~Q.~..~ .................................................. within 500 feet of: (check one or more) ..... ..X. ........ Town or village boundary line, or shore line ..... /( ........ State or county road, parkway or expressway ................ State or counW 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 granted permission to divide property into 2, 40,000 square foot parcels upon the condition that she apply for approval of access over a 16 foot private road. ': ....... ................ ~£~.~.~ ............................................. Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. MEMORANDUM TO THE FILE Appeal No. 2466 - Betsy Latham Checked all Board of Appeals records and there never has been an application filed for a variance concerning division of property for: Peter Nathanson Jiffy Bite Restaurant Pappas, Constantine or Eleanor Isle's End Restaurant Pete Nathanson did apply to the Town Board for a trailer permit, but it was denied. Checked with Town Clerk's Office - No change of zone on Jiffy Bite under the following: Peter Nathanson Jiffy Bite Restaurant Pappas, Constantine or Eleanor Isle's End Restaurant Wilsberg Subdivision at end of point: Last action on subdivision was in September, 1975. Mr. Cron presented Planning Board with a "possible" Cluster Zoning proposal. The County has turned down the Water Company that they wanted at the point due to the fact they cannot get good water. September 1, 1978 bcc BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : o h t t e Board of Alyeals of the lown of Southold : 10: 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) (S~uor, L~xcep[ion) (~t) (the following relief: ~ ~/~ _ 2. That the prop. erty which is the subjl~ct of the Petition is located adjacent to your property and is des- cribed as follows: ,/~ ~ I · ) ~~ c~ 5- ) 3. That the property/~-which i~etition..' is located in the following zoning district: 4. That by such Petition, the undersigned will recjuest the following relief: ) $. That thej?rovisions of the Southold T)~wn Zoning Code applicable to the relief s.~ught hy the kind,r- signed are: ~.~,~_-4~'!, ///--/~,f~')~ /'~ ~'/-._~ / ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Post Office Address / / ?5? NAME PROOF OF MAILING OF NOTICE ADDRESS E. Wilsberg G. E. Latham, LILCO Jr. Old Jule Lane, Mattituck, New York 11952 R. R. No. 115, Orient, New York 11957 250 Old Country Road, Mineola, N. Y. 11530 RECEIPT FOR CERTIFIED MAIL P.O., STATaE AN~Z~,ZIP~O0£ POSTMARK OR DATE RECEIPT FOR CERTIFIED MAIL SENT TO POSTMARK OR DATE STREET AND NO. RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL · s,de) STATE OF N~W ~ ; COUNTY OF SUFFOLK ) ss.: JOYCE Y. W~/SOCKI , residing at Orchard Street, Orient, New York , being duly sworn, deposes and says that on the 10thday of August ,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 a:re 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 Orient, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 16th dayof August ,19 78 · ~:~ - Notary Public NOTARY PUBLIC, State of Ne~ ~bt~ N,. 52-8125850. Suffolk ~ Term Expires March 30, -- ;.22 1.23 .30 1.24 1.25 1.7 1.8 1,9 1.26 1,10 1.27 .2A Real SCH.D. 2 F.D. 25 L.D. 40 M.D,60 p.D. 65 COUNTY OF SUFFOLK Property Tax Service Agency H Russe[i Haabe D~rec:or TOW* Of SOUTHOLD I' ~,ECTION NO Riverhec~d L I New Yor~ .......