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TOWN OF ~OUTHOLD, NEW YOKK
ACTION OF THE ZONinG BOAI~D OF APPEALS
Appeul No. 2412 Dated April 18, 1978
ACTION OF THE ZONING BOARD OF APPEA3~S OF THE TOWN OF SOUTHOLD
To Mr. Henry Smith
Robinson Lane
Peconic, New York 11958
DATE .....~Y.....~..t 1978
AppeUant
at a meeting of the Zoning Board of AppeaLs on May 4,
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
( )
1978
the appeal
1. SPECIAL EXCEPTION. By re~lutinn ~ the Board ~ was determined that a spe~al exception ( ) be
grnnted ( ) ~ denied pursuant to Article .................... ~ction .................... Subsection .................... paragraph
.................... of the Zoning O~inance and the decision of the Buffding Inspector ( ) be reversed ( ) be
co~medbeea~se 7:40 P.M. (E.S.T.) upon application of Henry Smith,
Robinson Lane, Peconic, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking
Schedule to subdivide an overly large parcel into two parcels.
Location of p~operty: west side of Hobart Road, Southold, New York,
bounded on the north by Whiteside; east by Hobart Road; south by Rich;
west by Town Creek.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
difficulties or unnecessary
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the hnmediate 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 confh'med ( ) be reversed.
SEE REVERSE
FORM ZB4
After investigation and inspection, the Board finds that the
applicant requests approval to subdivide an excessively large parcel
of land into two parcels. The findings of the Board are that it is an
excessive hardship to have a parcel of land with this size and frontage
and footage in the Town of Southold, and that this will not change
the character of the neighboring district~ consisting of smaller lots.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted use
of the neighborhood property and adjoining use districts will not be
permanently or substantially injured and the spirit of the Ordinance
will be observed.
On the motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Henry Smith, Robinson Lane, Peconic, New York, be
GRANTED permission to subdivide an overly large parcel into two parcels.
Location of property: West side of Hobart Road, Southold, New York,
bounded on the north by Whiteside; east by Hobart Road; south by Rich;
west by Town Creek.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
RECEIVED BY
Town Cl*rk Town of
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, May 4, 1978, on the following appeals:
7:30 P.M. (E.S.T.)'upon application of Mr. and Mrs. David
Ricereto, Oregon Road, Cutchogue, New York, (Anthony B. Tohill~
Attorney) for a variance in accordance with the Zoning Ordinance
Article III, Section 100-31 and Bulk Schedule for permission to
construct dwelling with insufficient side yard setback. Location
of property: Right-of-way, north side Oregon Road, Cutchogue,
New York, bounded on the north by Long Island Sound; east by
Baxter; south by Krupski; west by Gallagher.
~ 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson
Lane, Peconic, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-31 and Bulk and
Parking Schedule to subdivide an ove'rly large parcel into two
parcels. Location of property: west side of Hobart Road,
Southold, New York, bounded on the north by Whitside; east by
Hobart Road; south by Rich; west by Town Creek.
7:50 P.M. (E.S.T.) upon application of Harold and Virginia
Thomas, 91 Avenue C, Port Washington, New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-32 and Bulk Schedule to change a previously approved
addition from east to west end of dwelling. Location of
property: north side of Minnehaha Boulevard, Southold, New
York, bounded on the north by Corey Creek; east by Bugdin;
south by Minnehaha Boulevard; west by Haggert.
LEGAL NOTICE
Notice of Healings
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, May 4,
1978, on the following appeals
7:30 P.M. (E.S.T.) upon
application of Mr. and Mrs.
David Ricereto, Oregon Road,
Cutchogue, New York, (An-
thony B. Tohili, Attorney) for
a variance in accord~nea with
the Zoning Ordinance, Article
III, Section 1(}0-31 and Bulk
Schedule for Permission to
construct dwelling with in-
sufficient side y~ setback.
Location of property: Right-
of-way, north Side Oregon
Road, Cutchogue, New Y_o~k,
bounded on the north by L~ng
Island Sound; east by Baxter;
south by Krupski; west by
Gallagher.
,7:40 P.M. (E.S.T.) upon
cordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk and Parking
Schedule to subdivide an
overly large parcel into two
parcels. Location of property:
west side of Hobart Road.
Southold, New York, bounded
on the north by Whi~side; east
by Hobart Road; south by
Rich; west by Town Creek.
7:50 P.M. (E.S.T.) upon
application of Harold and
Virginia Thomas, 91 Avenue
C, Port Washington, New
York, for a variance in ac-
cordance with the Zoning
Ordinance, Article III, Section
100-32 ~md Bulk Schedule to
change a previously approved
addition from east to west end
of dwelling. Location of
property: north side of
Minnehaha Boulevard,
Southold, New York, bounded
on the north by Core Creek;
east by Bugd~n; south by
Minnei~ha Boulevard; west
by Haggert.
8:00 P.M. (E.S.T.) upon
application of James F.
McFarland, 13 Mildred Court.
Floral Park, 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 property: Little
Peconic Bay Road, Cut-
chogue, New York; Lot No.
237 on Map A of "Nassau Point
Properties."
8:15 P.M. (E.S.T.) upon
application of Ernst L.
Midgette, 84A Little Peconic
Road, Cutchogue, New York.
for a variance in accordance
with the Zoning Ordinance.
Article III, Section 100-32 and
Bulk Schedule to place a shed
in the front yard. Lecation of
property: Little Peconic Bay
Road, Cutehogue, New York:
Lot No. 236 and part of lot No.
235 on Map A of "Nassau Point
Properties."
8:25 P.M. (E.S.T.) upon
application of John P. and
Linda F. Kowalski, 404
Atlantic Avenue, Greenport,
New York, (George C.
Sta~kevieh, Attorney), for a
vamanee in accordance with
the Town Law, Sectiun 280A
for approval of access.
Location of property: Right-
of-way on the south side of
Sound View Avenue, Southold.
New York, bounded on the
north by Sound View Avenue;
east by Vilar, Jaeobi, and
Schur; south by Morris and
Lombardi; and west by Town
of Seuthold and Jaresz.
8:45 P.M. (E.ST.) upon
application of Albert
Oriowski, Main Road, Cut-
ehogue, New York, (Richard
J. Cron, Attorney), in ac-
cordance with the Zoning
Ordinance, Article III, Section
100-30 (A)(2) to base
helicopters on a portion of
farmland during the farm
spraying season. Location of
property: Sterling Lane,
Cutehogue, New York,
bounded on the north by
Bolenius; east by Bolenius
and Imbri.ano; south by
Sterling Avenue; and west by
Scott.
Any person desiring to be
heard on the above appeals
should )ear at the time and
place. A~ve specified.
Dated: pril 24, 1978
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEALS
1TA27-2970
/FFOLR,
V YORK, ?ss:
V~O? being duly Sworn,
.. · is Printer and Publisher of ~he SUFFOLK
:S, a newspaper published ~rt Greenport, in said
it the notice, of which the annexed is a printed
published in the s~d Suffolk Week]~ Times
,eek, for .......... .0~ ............. weeks
Immencing on the .. ~.t~q2Y.-.qF..VF.~TH .....
~E.P,~ ,~-.. 19.7R
~r~ me this I ...../ ......
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, May 4, 1978, on the
following appeals:
7:30 P.M. (E.S.T.) upon
application of Mr. and Mrs.
David Ricereto, Oregon Road,
Cutchogue, New York, (An-
thony B. Tohill, Attorney) for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-31 and Bulk
Schedule for permission to
construct dwelling with insuf-
ficient side yard setback. Loca-
tion of property: Right-of-way,
north side Oregon Road, Cut-
chogue, New York, bounded
on the north by Long Island
Sound; east by Baxter, south
by Krupski; west by Galla-
gher. s
~7:40 P.M. (~E_.S.T.) u~
Robinson Lane, Peconic, New
York, for a variance in accord-
ance with the Zoning Ordin-
ance, Article III, Section 100-
31 and Bulk and Parking
Schedule to subdivide an over-
ly large parcel into two par-
cels. Location of property:
west side of Hobart Road,
Southold, New York, bounded
on the north by Whitside; east
Hobart Road; south by
by
Rich; west by Town Creek.
7:50 P.M. (E.S.T.) upon
application of Harold and Vir-
ginia Thomas, 91 Avenue C,
Port Washington, New York,
for a variance in accordance
with the Zoning Ordinance,
Article Ill, Section 100-32 and
Bulk Schedule to change a
previously approved addition
from east to west end of
dwelling. Location of property:
north side of Minnehaha
Boulevard, Southold, New
York, bounded on the north by
Corey Creek; east by Bugdin;
south by Min0ehaha Boule-
vard; west by Haggert.
8:00 P.M. (E.S.T.) upon
application of James F. Mc-
Farland, 13 Mildred' Court,
Floral Park, New York, for a
variance in .accordance with
the Zoning Ordinance, Article
Ill, Section 100-32 and Bulk
Schedule to place a storage
shed in the front yard. Loca-
tion of property: Little Peconic
Bay Road. Cutchogue, New
Ynrk: l,nt No. 237 on Man A of
COUNTY OF SUFFOLK
STAVE OF NEVV YORK
Patricia 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;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............ /. .......................... weeks
successively, commencing on the ...~../. ..............................
O FORM NO. 3 O
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File
No
To ..... ..........................
~ ,
for permit to construct ........................................ et the premises located ot ....................................
'"'~/'""'~ ....... ~ .?- .~, ...................... Street
Map '~- Block ~ Lot -- is
returned herewith and disapproved on the following grounds ........ ~.~
Building Inspector
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. c~
DATE. i....~././...~,~.. ~...
Nome of Appellant Street and Number
................. .~!.e.,Q.9~.~,.9. .................................................................. li,.~., ............ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL/~ING/INSPECTOR ON
APPL,C^T,ON FOR PERMIT NO .......................... DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
( )
Name of Applicant for permit
of
........... ~;.9.hi~ ~..;b.~. ...................... Le.~.~i.¢. .............. ~.!.,.I, .........................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
]. LOCATION OF THE PROPERTY ....... ~D.b~..t,..~a~t ..................... i~eail~r~Iial..~.c.a .......
Street Use District on Zoning Map
....... ~.~,.Q D.e ..................................... ~ia r~e ...................
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance bY number' Do not quote the Ordinance.)
Article TIT
3. TYPE O[ APP[AL Appeal is mQde herewith {or
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal x~iclk(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
×) A Variance to the Zoning Ordinance
)
~s requested for the reason that
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would pr~uce pmcticaldifficulti~ orunneces-
sary HARDSHIP becau~ the land is well over 1½ acres and would require
excessive maintenance and expense to own as one lot because of
the long (583 ft.) road front and the long (700 ft.) waterfront.
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 this piece of land has so
much road front and waterfront that i~ is ideal for 2 plots.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the property to the south was divided into
two lots long ago, one on Town Creek and one on Hobart Road. All other
lots across Hobart Road are 1/2acre or less. This would not change
the character of the district for the above reason and also because
both lots would have the present zoning requirements in road frontage.
STATE OF NEW YORK )
) ss
COUNTY OF Suffolk )
Sworn to this ......... 18.1;.b. ............................ day of...Ap.~.il ......................................... 1978
..... ~¥ary Publi~ ....
ELIZABETH ANN NL~ILLE
NOTARY PUBLIC. St~t~ of New York
Nq 52-8125850, Suffolk Co~t~,
)'lrm Ezpires March 30,
Town of Southold
Board of Appeals
Suffolk County Department of Plannin/i
H. Lee ~nnison ~xecutive Office Buil~in~,
Veterans tlamorial Hishway
lIauppauge, ~e~ York 11707
(516) 979-2918
May 31, 1978
Pursuant to the requirements of Seat/one 1323 to 1332 of the SuEfolk County Charter,
the follovin~applica~tons~hlchhave been refer~d to the Suf£olkCotmty Plannin~
Corse!salon ar~ cooaidered to be a matter for local detarmin.tion. A decision of
local detet~-ination should not be construed ~s either an approval or a disapproval.
Applicar~t
, , ~funicipal l~lle ~u~ber
Henry P. Smith 2412
Very t~uly yours,
Lee E. Koppelman
Director of Pla~ln~n~
Gerald G. ~la~,~an
Chief Planner
O
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765.~
Board of Apmela 18 0 2
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 . . .Ro&rl:].. Of. Appe&ls ............... of the town of...SOU~.J'~.~ ..................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Henry Smith
Robinson ~an~
................ Amendment to the zoning ordinance Pecontc t N~w York
................ Zoning changes
................ Special permits
.... X. ........ Variances
Location of affected la nd:..~lil.l~....~..i...~..~.....H..O....bj~.. ~..~.....R..o. ~..~..;....~..O...~. ~ .h..O...1..~..; ...~.~...~.....~..O..~...k. ........................
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
Comment~: The applicant was granted permission to divide a triangular
shaped lot into two building lots. The first lot containing the
required 40,000 square feet and the second 28,000 square feet.
Date: ...l~[a;y:...Z6.,...19.7.8 ..............
(signed)
7'/t/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
O O
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
April 18, 1978
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2412, application of Henry P. Smith
for a variance. Also included is notification to adjoining property owners
as follows: John Whiteside, Box 1452, Southold, N.Y. 11971; Fred Rich,
Hobart~ Road, Southold, N.Y. 11971.
JTT.bn
BOARD OF APPEALS, TOWN OF SOUTHOLD
:
In the Matter of the Petition of :
:
Henry P. Smith :
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 (Variance) (Special Exception) (Special Permit) (the following relief:
Subdivide an overly large parcel into two parcels ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ~,~orth by ~orooerty of Whitside. East by Hobart Ro~d. So~th
by Rich and others and West by Town Creek
3. That the property which is the subject of such Petition is located in the following zoning district~
eslde~t~ ~]
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: because of the size
of this orooerty. 69.000 sq. ft.. 700 ft. waterfront. 68~ ft. of road
front, I wish to subdivide into two lots
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III 100-31 Bulk ~'ark 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 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:
Petitioner Henry ?, Smith
Post OfflceAddr~s
Robinson Lane
~'ecinic, ~. Y.
NAME
PROOF OF MAILING OF NOTICF
ADDRESS
John Whiteside, P.O. Box 1453, Southold, N.Y. 11971
Fred Rich, Hobart Road, Southold, N.Y. 11971
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
w ..... p. Smith residingat Rnh-~,-,~ T.ane
P~Ph~11 e . M~w ¥OrIC , being duly sworn, deposes and says that on the ~ day
of Anr~ 1 ,19 78 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Rm~-hr~] cl
(certified) (registered) mail.
Sworn to before me this 18th
day of Ap-r."i 1 · ,19
-- ~ N~otar~ Public'~
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, State of New York
NO. 52-8125850, Suffolk County
Term Expires March 30. 1~.~.'7
; that said Notices were mai]ed to each of said persons by
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