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Home My WebLink About2389 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~IG BOARD OF APPEALS Appeal No. 2389 Dated January 17, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Carlton T. and Marion G. Latham 235 Oaklawn Avenue Southold, NY 11971 DATE.~P.~.~.....~..( 1978 Appellant at a meeting of the Zoning Board of Appeals on February 2, was considered and the action indicated below was taken on your ~X ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1978 the appeal 1. SPECIAL EXCEPTION. By resol~ion of the Board it was determined th~ a ~ecial exception ( ) be ~a~ed ( ) ~ de~ed pursuant to ~ticle .................... ~ct~n .................... Subsection .................... p~agraph .................... of the Zoning Ordinance and the decision of the Building I~pee~r ( ) be reversed ( ) be co~m~beea~e 8:35 P.M. (E.S.T.) upon application of Carlton T. and Marion G. Latham, 235 Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of prop- erty: Northeast side Sleepy Hollow Lane, Southold, New York; Lot 11, Map of Sleepy Hollow, Filed Map ~6351, Southold, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and · A???VED ZONING BOARD OF APPEALS~ After investigation and inspection, the Board finds that the applicants request permission to construct dwelling with insuffi- cient front yard setback, northeast side Sleepy Hollow Lane, Southold, New York. The findings of the Board are that the applicant has a definite hardship by reason of the Tidal Wetlands Act as well as the curve of the road in this area and the unusual shape of the lot. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Carlton T. and Marion G. Latham, 235 Oaklawn Avenue, Southold, New York, be GRANTED permission to construct dwelling with insufficient front yard setback, north- east side Sleepy Hollow Lane, Lot 11, Map of Sleepy Hollow, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Legal Notic~~ 8:35 P.M. -2- Hei~ngs: February 2, 1978 (E.S.T.) upon application of Carlton T. and Marion G. Latham, 235 Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Northeast side sleepy Hollow Lane, Southold, New York; Lot 11, Map of Sleepy Hollow, Filed Map #6351, Southold, New York. 8:45 P.M. (E.S.T.) upon application of Robert J. Heaney, 1400 Pine Neck Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insuf width and area and approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the ~ north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; west by Wirth. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 26, 1978, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on January 23, 1978: Rudolph Bruer, Esq. a/c John Xikis Richard Lark, Esq. a/c James J. Murphy Harold and Virginia Thomas Kathleen willman Carlton and Marion Latham Robert J. Heaney 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, February 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) - Recessed hearing upon applioation of John Xikis for a special exception to conslruct motel and res~auran south side CR27, Greenport, New York. 7:45 P.M. (E.S.T.) upon ap- pheation of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New Y~ for a variance in aceordan~vith the Zoning Ordinance, '~ele III, Section 100-8! and B~ .~1~ for permission to:d~fist~act ad- dition with insufficient front and side yard setbacks. Location of property: North side Minnehaha Boulevard, Southold, New York, bounded on the north lay, ~rey Creek; east by J. Bugdin~ south by Minnehaha Boulevard; west by H. Haggerty. 8:00 P.M. (E.S.T.) - Recessed hearing upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York, for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conforming dwelling. Location of property: North side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Parking Lot. 8:20 P.M. (E.S.T.) upon ap- plication of Kathleea Willman, 19 Kim Avenue, Hauppauge, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 31 and Bulk Schedule for per- mission to construct addition with insufficient side yard set- appear at the time and place above specified. Dated: January 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ26-2892 back. Location of property: North side Horton Lane, . ....................... being duly Soathold, New York, bounded on the north by Long Island Sound; east by A. Deresa; south by Horton Lane Beach; west by Horton Lane Parking Lot. p.~ m 8:35 P.M. (E.S.T.) upon a plication of Carlton T. and Marion G. Latham, 235 Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient from yard setback. Location ot property: Northeast side Sleepy Hollow Lane, Southold, New York; Lot 11, Map of Sleepy Hollow, Filed Map No. 6351, Southold, New York. ~ 8:45 P.M. (E.S.T.) upon ap- plicatiea of Robert J. Heaney, 1400 Pine Neck Road, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule for per- mission to divide property with insufficient width and area and approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; west by Wirth. ·. · is Printer and Publisher of the SUFFOLK ;S. a newspaper published at Greenport, in said zt the notice, of which the annexed is ~ printed published in the said Suffolk Weekly/ Times eek, ~or ONE weeks )mmencing on the ... ~ NTY: .,qI X.q~:-.I ....... ~re me this , ............. 1~ ..... ! Deresa; south by Horton Lane Anypersondesiringtobeheard 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. February 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) - Re- cessed hearing upon applica- tion of John Xikis for a special exception to construct motel and restaurant, south side CR27, Greenport, blew,York. 7:45 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue' C, Port Washin~t0n,~New York for a variance in accordance with the Zoning Ordinance,~''' Article Ill, Section 100-31 and BuLk Schedule for permission to ~nstruct addition with in- Derm~a; south by Horton Lane Beac~ west by Horton Lane (E.S.T.) upoW i Carlton T. And 1Marion G. Latham, 235 Oak- Ilawn Avenue, Southold, New I York for a variance in accord- · Iance with the Zoning Ordin- Iance, Article II1, Section 100- 3l and Bulk Schedule for permission to construct dwell- ing with insufficient front yard setback. Location of property: Northeast side Sleepy Hollow Lane, Southold, New Yorkl Lot 11, Map of Sleepy Hollow, Filed Map #6351, Southold. New York. 8:45 P.M. (E.S.T.) upon application of Robert J. Hean- ey, 1400 Pine Neck Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk gchedule for permission, t~o divide property with insuffi- lcient width and area and approval of access. Location of property: North side Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by H. Barry and ano.; south by Pine Neck Road; west by Wirth. Any person desirine to be heard on the above appeals should appear at the time and place above specified. Dated: January 23, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-1/26(344) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Sherley Katz, being duly sworn, soys that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk Count/; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......... j~ ............................. weeks successive!y, commencing on the ........................................ Sworn to before me th~ ...~.'...~. ............ clay or /.'. "-' . ' ;,~'"': ........... 7 ............ ............... ~' ~'Not~y Public ............................... JOTZ?;' F' :~071 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ...................................................................... 19.: ..... To...~....~.~......~.......~...?.~. ~ .~. ~.i....'~ ...~...~. ? ~ ............................ 7 / PLEASE TAKE NOTICE that youzp.plication dated ......................... :..~...~......./..2.., 19....?..? ...~..~. ....... .~T~ ....................... Street .~/--~'~/ ! Map .................................... Block '-'-'-- Lot ........................................ is returned herewith and disapproved on the following grounds ...... .,,~a~./,~.~e.~.~: ....... ~..~..... .................7/' ,,...,--.,...,.,,., ........ ~ ............... w.~.. ........... ~.. J~A~'~.... ~ ....... ~.~..'.~. ,~..m q. ...... ...... Building Inspector Town of $outhold Zonin8 Board or Appeals Suffolk County Department. of Plannin~ H. Lee Dennison Fxecutive Office Building Veterans h'enorial l!ighway Hauppauge~ 21ew York 11787 (516) 979-291~ February 16, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the foll~in§ applications which have been referred to the Suffolk County Plannin~ Co~ission ara considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. A~plicant Harold & Virginia Thomas Carlton &Marion Latham Kathleen Willmm. }i,,-icipal File ."lumber 2388 2389 2391 Very truly yours, Lee E. Koppelman Director of Plannin~ Oeral~ O. Chief Planner TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ..~.~..~?. ~..y.. ]:.2. :....]..9 7 8 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellon* Street and Number Southold Municipality ...N...e,,w,...Y,,9.,~,,k..:.....HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON FOR PERM,T NO. - WHEREBY THE BUILDING INSPECTOR DENIED TO (~ ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....$.]..e..e.~.¥..H..g~i..o...w....~.~..~.e. ............... ..~..e...~.~..e.g..t.~.~. ......... Street Use District on Zoning Map "Map of Sleepy Hollow" .s. ] .................. !.z ................... 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.) Article HI, Section 100-30 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (b~s) (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 mode in Appeal No ........ z ....................... Dated .......... .T .......................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that there is insufficient front yard setback for southwest corner of house. (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce proctical difficulties or unneces- sary HARDSHIP because State regulations require 75' minimum from wetlands and with irregularities in rear lot line it is impossible to rn~intain 50' setback for full frontage of house. State has issued permission to situate northeast corner within 70' to coincide with shape of lot. The proposed location of house was se% so as to center it as well as to conform to curve in road and allow for setback from cut in meadow-land. 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 other properties have greater depth and do not have a deep cut-in from meadow-land. State regulation of 75' minimum from meadow-land limits space for building. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE cHARACTER OF THE DISTRICT because the property in question is located on a curve in the road ~and by setting house on an angle follows more in line with other lots in subdivision. STATE OF NEW YORK ) ........ ~r~{~.....~.... ,.~_.~ COUNTY OFc~'#F'/'~''~ ) Signature Sworn to this ......... ../...~.. .............................. day of ........................ 1970~ O O JUDITH T. TERRY TOV~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 18, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2389, application of Carlton T. & Marion G. Latham. Also included is notification from adjoining property owners as follows: Mr. Leo Kwasneski, North Parrish Drive, Southold, N.Y.; Mr. & Mrs. Walter Rabe, 1469 Poulson Street, Wantagh, N.Y. 11793; North Fork Environmental Council c/o Daniel T. Latham, Director, Youngs Rd., Town Clerk Orient,N.Y. JTT/bn cc:file Enc. New York State Department of Environmental ~.~.-._. ~ - . ~,- __-._ - BulldOg 40, S~ ~pus Stony Brook, ~ 11794 Dec~vaber 12, 1977 Peter A, ;., ~'' C, Terry Latham 235 OaklaAm Avenue Southold, NY 11971 Re: TW 15276-0196, Leo Kwasneski Dear Mr. Latham: As per your request of December 7, 1977, you are hereby authorized to situate your house as sho~,za on the survey of Lot 11, Map of Sleepy Hollow dated October 19, 1976, so that the northeast corner is a ~.i~--mm of 70' from the edge of the meadow. In addition, a copy of the permit issued to Mr. Kwasneski is being forwarded to you. Please note and comply with other conditions which apply to your home. ate LocaWi Tidal Wetland Permit Administrator RLH/cr Encl. TOWN CLERK Building Dept. Planning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12--B, Sections 239-1 and m, the . . .Board .of. ,~ppe&ls ............... of the town of...Sou~P, hold .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: {check one) ................ New and recodified zoning ordinance Carlton and Marion Latham ................ Amendment to the zoning ordinance 235 Oaklawn Avenue Southold, NY 11971 ................ Zoning changes ................ Special permits X ................ Variances Location of affected [and: ...... Noz:t. heaat....a;l~e..Sl.eepE...Kello.w...L~.e~...~O.~h~.4~...~ ..... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ 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 ~ ........ Shoreline The Board granted the applicants permission to construct dwelling with insufficient front yard setback. The applicant does indeed have a hardship due to the shape of the lot, and the DEC has granted them approval to build on this lot subject to this variance. Date: ....['.eb......l~.~... 193.8 .............. Chairman Date received by Suffolk ~unty Planning ~mmission ................................ .................................................... File No ................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Carlton T. and Marion G. T,atha~n : : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (V. ariance) (Special Exception) (Special Permit) (the following relief: To constrg,¢t a one £arnily house with insufficient front yard setback. ). 2. That the property which is the subject of the Petition is located adiacent to yourproperty and is des- cribed as follows: Lot #11, Map of "Sleepy Hollox~', Suffolk County M~p #6351, Area of 42,800 sq. ft. 3. That the property which is the subject of such Petition is located in the foUowin§ zoning d~strict: R e sidential 4. That by such Petition, the undersigned will request the following relief: Permission to construct house with insufficient front yard setback, .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-30 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: January 17, 1978 Petitioners Post Office Address Z35 Oa~awn Avenue Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. Leo Kwasneski North Parrish Drive Southold, New York L[971 Mr. & Mrs. Walter Rabe 1469 Poulson Street Wantagh, New York 11793 North Fork Envlronmental Council c/o Daniel T. Latharn, Director No. 985205 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNA'nONAL MAIL (See Reverse) CERT'mO~EE ~¢ SPECIAL DELIVERY _ ~ SHOW T0 W.0M ~ND ~ S~W T0 W~ ANO DATE m~V~RE~ W~TH RESTmCTE~ ~ = ~,v~,~ ~ i SHOW TOW~M, DATE AND Young s Road Orient, New York L%957 No. 985206 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE P~OVIDED-- NOT FOR INTERNAllONAL MAIL (See Reverse) RESTRICTED DELIVERY m OELIVERY SHOW TO WHOM ANO DATE ~ DELIVERED WITH RESTRICT[O ~ DELIVERY j~ SHOWTOWHO~DATEAND ADORESS OF DEUVERY WITH No. 985207 RECEIPT FOR CERTIFIED MAIL HO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNA]10NAL MAIL (See Reverse) Vvto..e,~ (".,..)_~'-rl.,,~..,.~. , residing at ~,35 d)~klo.~,.,, ~J ~...~r~ ~ t ~ . being duly sworn, deposes and says that on the I · day of '~-o- ~ a ~ ~- ~ ,19 ~ ~? . deponent mailed a true copy of the Notice set forth on the re- verse s~de hereof, b~rected to each of the above-named persons at the addresses set oppos te their respect ve 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 ~ o ,a. ~r L~ 0 ( d ; that said Notices were mailed to each of said persons by ([Te~ifie~ (registered) mail. Sworn to ~]fore me this day of ~ ~lotar(Pub~c- / ~mmmm mm~m mm=~ ~ / SLEEPY Ioo5 10,3 HOLL IOo9 THE NATURE CONSERVANCY LO LOA(c) 10,15 TOWN SOUTHO, 7D.~ A(._ EE SEC. NO. 076 : ' ~ '' ' _ / / ) ~'0 4 Fe)~,~ - O t':~. C ,, J