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Home My WebLink About2261 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2261 Dated April 5, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To ~ ~hoda Weston 76 Begirt Avenue Port Washington, NY at a meeting Of the Zoning Board of Appeals on April 21, 1977 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 ( ) DATE..~p.r.i~...21, 1977 Appellant ~he 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 because 9:25 P.M. (E.S.T.) upon application of Rhoda Weston, 76 Bogart Avenue, Port Washington, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setback. Location of property: west side Snug Harbor Road, Greenport, New York; Lot #55, Section III, Cleaves Point Subdivision. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (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. FORM ZB4 SEE REVERSE APPhUVED -- ZONING BOA-RD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission~to construct dwelling with insuffi- cient side-yard setback, west side Snug Harbor Road, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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, Rhoda Weston, 76 Bogart Avenue, Port Washington, New York, be GRANTED permission to construct dwelling with insufficient side-yard setback, west side Snug Harbor Road, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Town of Southo]d 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 Office, Main Road, Southold, New York on Thursday, April 21, 1977, on the following appeals: 7:30 P.M. (E.S.T.) - Declslon upon application of Nicholas W. Ippolito for a variance to divide property with existing buildings, south side North Road (CR27), Sout~old, New York. 7:50 P.M. (E.S.T.) - Resumed hearing upon application of Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Avenue, Southotd, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by George Ahlers & others. 8:30 P.M. (E.S.T~) upon application of Walter F. and Flora S. Luce, 505 Skunk Lane, Cutchogue, New York for a varianc~ in accordance with the Zoning Ordinance, Article Xi, Section 100~118 E for permission to enlarge an existing, non-conforming building. Location of property: South side Main Road (Route 25 Cutchogue, New York, bounded on the north by Route 25; east by V. Cierach; south by North Fork Bank & Trust Co.; west by North Fork Bank & Trust Co. 8:40 P.M. (E.S.T.) upon application of Ellis and Helen Hyers, 308 Forsythe Avenue, North Linderhurst, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3~ and Bulk Schedule for permission to divide prop~ erty with insufficient width and area. Location of property: South side Oak Drive, Cutchogue, New York, bounded on the north by Oak Drive; east by R. Langemyr; south by Thomsen and Betz; West by R. Slav~n. Legal Notice -2- Hearings: April 21, 1977 8:50 P.M. (E.S.T.) upon application of Robert Adipietro, Pe~onic Lane, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on lot with insuffi- cient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by. Lots ~2 and 4 "East Hill" Subdivision. 9:00 P.M. (E.S.T.) upon application of Rhode Weston, 76 Bogart Avenue, Port Washington, New York for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setback. Location of property: West side Snug Harbor Road, Greenport, New York; Lot ~55, Section III, Cleaves Point. Subdivision. 9:10 P.M. (E.S.T.) upon application of Theodore Andruski, Walnut Avenue, Mattituck, New. York ~or a variance in accordance with the Zoning Ordinance, Article III, mission to construct accessory building Location of property: West side Walnut York, bounded on the north by Deniz and Section 100-32 for per- in front yard area. Avenue, Mattituck, New Hell; east by Walnut Avenue; south by W. Corwin; west by Corwin, Yarusso, & Coutts. 9:20 P.M. (E.S.T.) upon application of Carol and John Plock, Jr., 10003 No. Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maxi- mum height. Location of property: Right-of-way, north side North Bayview Road, Southold, New York, bounded on the north and east by Kerester & others; south by J. Plock; west by right-of-way. 9:30 P.M. (E.S.T.) upon application of Spencer W. Petty, Iii Track Avenue, Cutchogue, New York for a variance in accordance Legal Notice -3- Hearings April 21, 1977 with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with. insufficient width and area. 'Location of property: West side Track Avenue, Cutchogue, New York, bounded on the north by K. Gagen; east by Track Avenue; south by Lots 1 and 5, Pequash Acres; west by Tyte and Fior. 9:45 P.M. (E.S.T.) upon applicatipn of George Foster, Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Sec%ion 100-30 and Bulk Schedule for permission to divide property with existing dwellin¢ Location of property: North side Bayview Road, Southold, New~ York, bounded on the north by Canal (West Creek); east by Obre; south by Bayview Road; west by McCasalan. Any person desiring to be heard on the above appeals should appear at the~time and place above specified. Dated:.- April 8, 1977 BY ORDE~ OF THE SOUTHOLD TOWN BOARD'OF APPEALS PLEASE PUBLISH ONCE, APRIL 14, 1977, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following Agway Petroleum Corp. Walter F. and Flora S. Luce Ellis and Helen Hyers Joan Langemyr re: Hyers Robert Adipietro Rhoda Weston Theodore Andruski Carol and John Plock, Jr. Spencer W. Petty, Iii George Poster on April 8, 1977: Legal NoOce {contt~uecl from previous paged mission to set off dwelling on lot with insuffieiont width and area. Location of property: Indian Neck Lane and. Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by Lots No. 2 and 4 "East Hill" Sub- division. ~pg:00 P.M. (E.S.T.) upon-'a!5:" lication of Rhnda Weston, 76 Bogart Avenue, Port Washington, New York for a variance in accordance with the Zoning Ordinance, Article III, 9:20 P.M. (E.S.T.) upon ap- plication of Carol and John Plock, Jr., 10003 No. Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10032 for permission to construct tower exceeding maximum height. 'l, aw. ation of property: Right,~,.~vay, north side North Ba~ew Road, Southold, New Ym~, bounded on the north and east by Kerester & others; south by J. Pleck; west by right-of-way. 9:30 P.M. (E.S.T.) upon ap- plication of Spencer W. Petty, III, ~ Track Avenue, Cutchogue, New York f~s' a~:¥~wia~ce in ac- Section 100-30 and Bulk Schedule cordance .,I~#1~ ;the Zoning Or- for permission to construct dinance, P~xtlnkIH, Scetion dwelling with insufficient side- ~ 30 and J~!l~ ~ per- yard setback. Location of ~ missiou?~l[l~li,~l~m~l~, with Property: West side Snng Harber ~ insuffi ~c~ ~rea. Road, Greenport, New York; ~ Locatin~ff~i~lP. ~t side Lot NO. 55, Section III, Cleaves ~ Track~ ~ New --~Point Subdivision. / York, ~ ~ by K. 9:10 P.M. (E.S.T.) upon a--i~'--~Gagen; plication of Theodore Andruski, south by ~ I~$equash Walnut Avenue, Mattituck, New Acres; w~St~by?/~ Flor. York for a variance in ac- 9:45 P.M..(E./~)'"~l~Don ap- dance with the Zoning Or- phcat~on of. ~ ~oater, dinanea, Article IH, Section 100: Bayview R~ q ~ New 32 for permission to construct York for ~ ;~v~:e i~r ac- accessory building in front yard area. Location of property: West side Walnut Avenue, Mattituck, New York, bounded on the north by Doniz and Helf; east by Walnut Avenue; south by W. · Corwin; west by Corwin, Yarueso. & Coutts. cordance ~witb tbs Zoning Or- dinance, ArriVe Ill, Section 100- 30 and Bulk Schedule for per- mission to divi6~ ~ro~ty with existing ~, Location ~ of proport~: North~de Bayview Road, ,~outhol~ New York, beundect!on the ~ by Canal (West Creek); east by Obre; r h by Bayview Road; west by k ~asalan. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 8, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' SUFFOLK, ] ~'EW YORK, ~ ss: 1TA14~2672 ' ~rt ¢. Dormaa ........................... being duly Sworn, says thor ...h..e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in sold countyI und that the notice, of which the annexed is ~ printed copy, has been published in the s~id Suffolk Weekly Times once in each week, for one (]) weeks successively commencing on the .. ~.qt~F.~.e..e.n.t;h. ........... day of ..... ~ ~'4 ' "~<. ....... Sworn to befor, e me this .../. cl~. No. Nbfige of Hearings Pursuant tO Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the To~n OffiCe Main Road, Sonthold, NeW York on Thursday, APril, 21, 1977, on the follonving appeals: 7:30 P.M.~ (E.$.T.) - Decision upon application of blic~holas W. Ippolito for a variance to divide property with existing buildings, south side North Road (CR27), Southold, New York. 7:59 P.M. (E.S.T.) - Resumed hearing upon application of Ag- way Petroleum Corp., P.O. Box 705. Pulaski Street, Riverhoad, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Avenue, South- old, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tnthill and Long Island Railroad; west by George Ahlers & others. 8:30 P.M. (E.S.T.) upon appli- cation of Walter F. and Flora S. Luce, 505 Skunk Lane, Cntch- ogue, New York for a variance in accordance with the Zoning Ordi- nance, Article Xl, Section 100-118 E for permission to enlarge an existing, non-conforming build- ing. Location of property: South side Main Road (Route 25), Cntchogue, New York, bounded on the north by Route 25; east by V. Clerach; south by North Fork Bank & Trust Co.; west by North Fork Bank & Trust Co. 8:40 P.M. (E.S.T.) upon ap- plication of Ellis and Helen Hyers. 308 Forsy~he Avenue. North Lindenhurst, New York for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: South side Oak Drive, Cutchogue, New York, bounded on the north by Oak Drive; east by R. Langemyr; south by Thomsen and Belz; west by R. Slavin. 8:50 P.M. (E.S.T.) upon ap- plication of Robert Adipietro, Peconic Lane, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article ltl, Section 100-30 and Bulk Schedule for permission to set off dweilin~g on lot with insufficient width and area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on iyLeslie Road; east by Lane; ,s, outh by Lots st Hill Subdivision. · (E.S.T.) upon ap- Rhoda Weston, 76 hue, Port Washing- rk for a variance in Lccordance with the Zoning Ordi- nance, Article BI. Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient side-yard setback. Loca- tion of property: West side Snug Harbor Road, Greenport, New York; LOt #55, Section III, Cleaves Point Subdivision. ~ -- 9:10 P.M. (E.S.T.) upon ap- plication of Theodore Andruski, Walnut Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle IlL Section 100-32 for permis- sion to construct accessory build- ing in front yard area. LocaBon of property: West std~ W~ilii'ut~Ave- hue. Mattituck, New Yorl~, bounded on the north by Deniz and Hell'; east by Walnut Avenue; south by W. Corwin; west by Corwin, Yarusso, &Coutts. 9:20 P.M. (E.S.T.) upon ap- COUNTY OF SUFFOLK t ss: STATE OF NEW YORK I Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper prin+ed at Southo!d, 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 ........ J .............................. weeks successively, commencing on the /..~. .................................. Sworn to before me this ....................... day or ................... 19../../... Notary Public TOWN OF SOUTNOLD BUILDING DIEPARTMENT TOWN CLERK'S OFFICE $OUTHOI. D~ N. Y. File N~... ................... ! .......................................... Date ........................................................ , 19 ...... To ..... ...~..~~..A-~ ................ .......................................... ~.~E ~E~ur a~p'co~' ~ot~Z?~. ~~ ...................... , ,~ ........ for permit to construct ........................................ at the premises Iocoted at .................................... ..................................................................... Street ~op ...~.q.~....~ ..... ~lock .......... ~...Z~. ................. ,or ......... ~...~ ............................. ~s r~ '. _. : z'? . . disapproved on the following grounds ....~.v:~..~.~.c,~c~r~.,..~.....~..~.'~¢ E~uiiding Inspector/ ~'TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APP~EALS, TOWN OF SOUTHOLD, N. Y. 1, $We-)'...~/~.,~..,~7~/.~......~..~...~.~'7~.~.........of 7..~' ~(~,.~G~('-,...~.....~.,..: ........................... Name of Appellan:~ ................. '~'/~"~'~'~l~'~l~er '"~"~"~'""~'"'""~"~'~'~~~'~"Mun~ipality ...................................... '"~"'~; ..........HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. '.~.~.~./~ff. ...................... Z 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 ..... : .......... ../.~.?..~... Use District on Zoning Map )~'~"i~'.' 7' Eot No. x~-e-c~-D DS ~4~_ ~ ~ ~3 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zonin9 Ordinance by number. Do not quote the Ordinance.) / 3. TYPE OF APPEAL Appeal is made herewith ~or ( ~ A VARIANCE to the Zonin~ Ordinance or Zoning Map ( ) A VARIANCE due to lack of occess (Store of New York Town Law Chap. 62 Cons, Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ........ L ............................................................. REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ) requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pr¢cfico~ difficulties or unneces- sar,/ HARDSH,P because 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district beceuse 3. Tine Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DiSTRiCT because J / , 1:': ~'' V ' - ' JUDITH T. TERRY TOWN CLERK R~G1STR~R OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 5, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Rhoda Weston for a variance-Appeal No. 2261 to: I have on file in my office notification by certified mail D. Bello, 80 Borden Ave., E. Northport, N.Y. Dr. S. Simkim, 4 HenHawk Road, Great,Neck, N.~. Town Clerk TELEPHONE 765-3783 Suffolk County Department of Planning Veterans Memorial Highway HaupPauge, New York 11787 Town of Southold Board of Appeals April 27, 1977 Pursuant to the requirements of SeCtiOns 1323 to 1332. of-the Suffolk County Charter, the following applic'ation.s which~havd .been referred to the Suffolk County Planning Comhaission"are'rcon~iderekl to be a matter for local determination. A decision of local determination should not be construed as either an approval dr a disapproval. .... .Applic ant · .. Municipal File Number Ellis & Helen Hyers Walter & Flora Luce Rhoda Weston George Foster 2258 2259 2261 2265 by Respectfully yours, Lee E. Koppelman Director of Planning 0 0 Town Of Southold TOWN CLERK'S OFFICE Meln Road Soufhold, N. Y. 11971 TOWN CLERK 765.3783 Bu;Id;ng Dept. f Planning Bd. 765-2660 Board of Appeals Pursuant to the General Ivtunicipel Law, ChaFfer 24, of the Consolidated Laws, Article t2-B, Sections 23%1 and m, the ...~3~.~C]...O~...~pea,],s .......... of the town of Southold, N. Y. hereby refers the following (agency involved) proposed zonir~g action to the Suffolk County Planning Commission: (check one) ........ New and r~:odified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ........... Special permits .... ~ ..... Variances FJ~oda Weston 76 Bogart Avenue Port Washington, NY Location of affected land: ...~...8~-.~g...!f.a~;L~r...Ro~.O,.,...gz:eenpor.t,..N...¥ .............................. within 500 feet of: (check one or more) ............ Town or village boundary 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 sifuated X ShorelLne ~o'~men~: The Board granted this varianoe. The applioant has received D.E.C. approval. (signed) Robert W. Gillispia, Jr. - Chairman Title Date received by Suffolk County Planning Commission ..................................................................... File No ................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of te the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: 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) (&pee~--x~-,pti~m) (Speeial-Rena~t) (the following relief: 2. That the vroperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~_ ~ ~2~:~ ~ ..~J~/- ~- _~5' ~/~,3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the followin~ relief: $. That the provisions of the Southold.~own Zoning C~le al~plic.able t~o the relief sought by the under- signed are: /~-~ - 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 sugh 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: ~L~ /~, ~'~77 Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS ,REGISTERED NO. Value Handl Postage $ POSTMASTER (By) FROM TO REGISTERED NO, Value Rag. Fee $ Handling Charge Pmtage POSTMASTER (By) FROM TO STATE OF NEW YORK ) COUNTY OF ~L ss.: /2~/_~., ~,~'~ ~ , being duly sworn~ depo~s and says that on the ~ day of ./~ / ,19/7~ , deponent mailed a true copy of the Notice set forth on the re- verse side ~ereof, directed to each of the above-named persons at the addresses set opposite thor r~pective name; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current a~sment roll of the Town of Southold; that said Notices were mailed at the United States Post ~- rice at ~ ~~ ~ ; that said Notices were mailed to each of said persons by (ce~ified) (registered) mail. ~ / r' APPROVe): DENGE W~L,L. GO~qI~O~M TO THE BTANDA~ID~ M BUFIK)LJC GO. DE/FT OF HF. AL.TH. If~q¥1G[I. SEE SEC. NO 036 6LILL POND [UNDERWATER ~AND) ~ C'C)III',JTY C')c F, IIFFC31K ITOWNOF SOUTHOLD