Loading...
HomeMy WebLinkAbout2258 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2258 Dated March 19/ 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Ellis and Helen Hyers 308 Forsythe Avenue North Lindenhurst, NY DATE.Ap[~.~...~i, 1977 Appellant at a meeting of the Zoning Board of Appeals on April 21, 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 ( ) 1977 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 because 9:12 P.M. (E.S.T.) upon application of Ellis and Helen Hyers, 308 Forsythe Avenue, North Lindenhurst, New York for a vari- ance in accordance 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: south side Oak Drive, Cutchogue, New York, bounded on the north by Oak Drive; east by R. Lanqemyr; south by Thomsen and Belz; west by R. Slavin. 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 ft~rther determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ~,k~.~~ Dt!d~u ~' ' ' BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicants request permission to divide property with insufficient width and area, south side Oak Drive, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. Many lots in the area are smaller than the one to be created. 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, Ellis and Helen Hyers, 308 Forsythe Avenue, North Lindenhurst, New York, be GRANTED per- mission to divide property with insufficient width and area, south side Oak Drive, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Griognis. ~ ~" F!L?~D BY ,.EC~JVED AND ' 'ii:.E ..... SOU~'iiOLD ..... iq ~'~'?~, CLERK DATE~-/,3- ?? HCU~ ~Z ~ / ~~:k, Towel of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the A~ended 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.) - Decision upon application of Nicholas W. Ippolito for a variance to divide property with existing buildings, south side North Road (CR27), Southold, New York. 7:50 P.M. (E.SoT.) - 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 1~0-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Avenue,~Southold, 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. (Route 25 Cutchogue, east by by North Location of property: South side Main Road New York, bounded on the north by Route 25; V. Cierach; south by North Fork Bank & Trust Co.; west 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 100-30 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 Belz; West by R. Slav±n. Legal Notice -2- Hearings: April 21, 1977 8:50 P.M. (E.S.T. Pe~onic Lane, Peconic, the Zoning Ordinance, Article III, Schedule for permission to set off cient width and area. Location of upon application of Robert Adipietro, New York for a variance in accordance with Section 100-30 and Bulk dwelling on lot with insuffi- property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south bytLots 42 and 4 "East Hill" Subdivision. 9:00 P.M. (E.S.T.) upon application of Rhoda 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 f~r permission to construct dwelling with insufficient side-Fard 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 for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- miss!on to construct accessory building in front yard area. Location of property: West Side Walnut Avenue, Mattituck, New York, 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 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, 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 Tyre and Fior. 9:45 P.M. (E.S.T.) upon application of George Foster, Bayvlew Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with existing dwelling Location of property: North side Bayview Road, Southold, Newv 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 ORDER O~ THE ~OUTHOLD 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 ROADt SOUTHOLD, NEW YORK. Copies mailed to the following Agway Petroleum Corp. Walter F. a~d 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 Foster on April 8, 1977: ~s]and Railroad; west by George Ahlers & others. 8:30 P.M. (E.S.T.) upon ap- plication of Walter F. and Flora S. Luce, 505 Skunk Lane, Cut- cbogue, New York, fo~ a variance in accordance with the Zoning Ordinance, Article XI, Section 100-I18 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 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 ap- plication of Ellis and Helen Hyers, 308 Forsythe Avenue, North Lidenhurst, New York for a variance in accordance with the Zoning Ord. inance, Article III, 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 ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- (continued on next page) COUNTY OF SUFFOLK, STATE OF NEW YORK, [ ss: Stuart C. Dorman ...................................... being duly Sworn. says that . .h.e.. ,. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport. in said county; and that the notice, of which the annexed is a printed copy. has been published in the s~id Suffolk Weekly Times once in each week, for one (1) weeks successively commencing on the .. ,~.°.!!~'.~e.-.e.q¥.h ........... Ap-C~ t ~ 77 day of .....................~ -~ ~-~-~ ~ ..... Sworn to before me this .../.~/. .... ....... .? ............ ...... .... ~ANCY ~9. DOITG~S~ Co . Clks, No. &2-60866.35 mm;,sa/on E~=iree March 30, LEGAL NOTICE Notice 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 Boar, d of Appeals at the Tovdn Or, ce, Main Road. Southold, New York on Thursday, April 21~ 1977, On the following appeals: 7:30 P.M. (E.S.T.) - Decision upon application of Nicholas W. Ippelito for a variance t.o 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, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VlI, 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 & Tuthill 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, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article XI, Section 100-118 E for permission to enlarge an existing, non-conforming build- ing. 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 Ba~ust Co.: west by North. Fn$~ pa~ & Trust Co. -~' (-{~:~1 PI~' (E.S.T.) upon ap- t pl~ion~Jof Ellis and Helen Hyl~t~lR)8 Forsythe Avenue, N°rtht--.l~denhurst, New York for a variance, in accordance 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: South'side Oak Drive, Cutchog_ue, New York, bounded on the north by Oak Drive; east by R. Langemyr; south by Thomsen and Belz; west ~ 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 IlL Section 100-30 and Bulk Schedule COUNTY OF SUFFOLK I ss: ~TATE OF NEW YORK Sherley Katz, being duly sworn, soys that she is an Editor, of Tide LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $out¼old, 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 .../...~. ................................ ~worn to before me this ........................ day or ..... .................. TOWN OF SOUTHOLD BUILDING [~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~ile ~o .................................................................. Da~e ........................................................ , To .............. ........... ~~ ........................ ~o~ ~.~ ~o ~ ........................................ :~ ~ ~ ,~ ~ ...~.....~.~;~;.;... ...................................................................... S~ree~ Map ..................... ; .............. Dl~k ............................................ Lot ..................... ~...; ............. [e,-Z , ~ - ~, d disapproved on the following grounds .LZ~ ..................................................... ........... ..... .~~.. ~[ ........... ~ ....~...[.~.~..] ............................................................... ~.~.....~...~....~ ~ ............... f~ ~"'"'j~ ......................................... ~.. ............... .......... /...~. .......... ~ ......... :~. .......... Building Inspector I TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO? DATE ~ ,~. ~..'~.....< .?.: ../. ~ 'TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .~.-~...~...~./..~...~..../~,.~-./..~.~.,/..~,x...,~..~....~....~-..~. .......... of .....'~..~.~.......'~..~...~...~....~'...~...~.,....'~...,~..,~. ..................... Name of Appella,nt Street and Number .../~.......A-..../....,~..?....~._,/~,. _,~...~.....~..~..7~.. ............................................... .,/~..,:.~...,.. .......... HEREBY APPEAL TO Municipality/ 'State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD,lNG INSPECTOR ON ..................................... ........... ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE (~.~(/)/f~FRMIT.~,3,~''v'-'~'-~2-( FOR OCCUPANCYe t~ b~,~O 1. LOCATION OF THE PROPERTY .~..~...~.?...~..?..,~.~,~..~. .......~.......~. -~.......~..~.~.b?..~..~..~...~...,...~,~'~..~./.~.....0~ /c~¢,/~ ~/~tf-~/f,/j~ ~,~ 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 Paragr~,a h~f the Zoning Ordinance by numbe~. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~' 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 ( een made with respect to this decision of the Building Inspector or with respect to th~'~r-t~.. 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 ) requested for the reason that (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE wou!d produce practical difficu[i'ies or unneces- 2. The hardship created is UNIQUE and is not shared by aI[ properties alike M the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS SOUTHOLD, L. I., N. Y. 11971 March 28, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2258, Ellis & Helen Hyers for a Variance. application of Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals April 27, 1977 Pursuant to the requiremeDts of Sections 1323 to 1332:of the Suffolk County Charter, the following applic'atSon.s ~hich.have' been referred to the Suffolk G0unty Planning Cominis'sion"are :c0naiderett to be a matter for local determination. A decision of local determination should not be construed as either an approval dr a disapproval. Applicant Ellis & Helen Hyers Walter & Flora Luce Rhod~ Weston George Foster Municipal File Number . _~- ' 2258 2259 2261 2265 by Respectfully yours, Lee E. t{oppelman Director of Planning © © Town Of Southold TOWN CLERK'S OFFICE Meb Road Saul'hold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. t Plannlng Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chap+er 24, of the Consolidated Laws, Article J2-B, Sections 239-1 and m, the ..~r~..of..App. ea[8 ...... of I'he town of Southold, N. Y. hereby refers the following (agency involved) proposed zonin~j action to the Suffolk County Planning Commission: [check one) New and recodified zoning ordinance ........... Amendment to the zoning ordinance ........... Zoning changes ............ Special permits ..... ~ .... Variances Ellis and Helen Hyers 308 Forsythe Avenue North Lindenhurst, NY Location of affected land: ....fl/S..Qa~..l~:~Jc~e.,...~l,t, f2.h~cj[ll~,..N.,~'., ........................................ within 500 feet of: (check one or more) ............ Town or village boundary llne ............ 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 ............ S~te or county owned ~arcel on which a publlc building is situa~d X Wetlands C'ommen~: The Board granter the applicant permission to divide property with ~nsuf£i=ient width and area. The applicant plans to sell 25t to the neighbor on the west and 125~ to the neighbor on the east. Date: ....Apr$1..25.,..197.7 ........ (signed) Robert W. Glllispie, Jr. Chairman Tide Date received by Suffolk County P[annlng Commission ................................................................ File No ......................... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of 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 r~luest a (Variance) ~Special Exception) (Special Permit) (the following relief: 2. That the I~roperty which is the subject of the Petition~is located adjacent to your p. roperty~and is des- cr'l~ed as follows: ,b"~,~,/)/~ ~2'~¥ /~¥ 0~, ~)~/~' ,~c-~.~ ~, 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by.~such Petition, the unders/~ned will reque~ the following relief: f - i ~ / / I $. That the pro~ions of the Southold Town Zoning Code applicable to the relief sought by the under- s~gnedare:.~.~/. ~ ,-~f".~.' /00--~ ~ ~c~ c/'lC/.L~/) / 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: Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS Add ~o~r addt~ in ~e "~ ~.. ~ on 1. ~e f~ng ~ b ~ues~ (ch~ one). ~ S~ to wh~ ~d dam delive~d ............ 15~ ~ Sh~ ~ wh~, ~, & add~n ~S~ICTED DELI~Ry. Show m wh~ and date delivered ............. ~ ~S~I~TED DELI~Ry. Sh~ ~ whom, date, and ~d~ I have received the article described above. DELIVERy ~ 5. ADDRESS UNABLE TO DELIVER BECAUSE: I. Tha followlng se~ice is requested (eheek o~e). [-[ Show to whom ~nd da~e delive~'d ............ 15¢ [] Show to whom, date, & address of deliver/.. 35¢ [j~STRICTED DELIVERY. Show to whom and date deUwred ............. 65¢ [] RI~STRICTF, D DF. LIVeRY. Show to wh~m, date, and address o~ delivery 85¢ \ i have received the nfllcle described above. · IGNATURE [] Addr.~see ~ Authorized agent STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: . ~-~ ~ ~ ~c~ ~.. ~ ,~ ~uly sworn, deposes and says that on the ~ :~(~ay o~ ~_ ~/L19 ~,~~aHcd 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 ass~sment [oll of the Town o~outhold; that said Notices were mailed at thc United States Post Of- rice at ~ ~ ~, ~ ; that said Notices were mailed to each of said persons by (~) m~ ~ Sworn to before me this ~ ~ d~y of ~/~ , 19 Notary Pubfic To: Town Building Dept. I Edward C. Thomsen, have received the Notice of Variance regarding property on Oake Drive, CutchoEue, To: Town Building Dept. I Mrs. Jo~mL~ngem~r, have received the Notice of Variance regarding property on Oak Drive, Cutchogue, N.Y. C sec. ~o. oesi LITTLE ~R~EK TOWN OF cO-[ c~o G~ 5~: ~: o~.~ BROADWA TER5 TOWN OF ( UNDERWATER L 12 3J.4 A(c C O V~