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HomeMy WebLinkAbout2273 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARJ) OF APPEALS Appeal No. 2273 Dated April 22, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO%~N OF SOUTHOLD To Leslie Hart, Hart Hardware, Inc. Main Road (Rudolph Bruer, Southold, NY 11971 AppeHant Esq. ) at a meeting of the Zoning Board of Appeals on May 12, was considered and the action indicated below was taken on your ( ) Request for variance due to Iaek 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 EXCKPTION. By resolution of We Board R was determined ~ a special exception ( ) be gra~ed ( ) ~ denied pursua~ to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~peetor ( ) be reversed ( ) be confirmed b~a~e 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by Jockey Creek Drive; east by Ellis Terry, south by Jockey Creek and Ulrich; west by Main Road. 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 (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 (e) 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 VERSE _ PPRO, ED , ZO INGBO BO A,.S _ ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York. The findings of the Board are that the applicant wishes to separate the lot from corporate title and place it under individual title. 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, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FILED BY ~ SOUI'HOLD TO%¥N DATE ~-~- 77 ~HOUR/I.:OOA. M. - -/ 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, May 12, 1977, on the following appeals: 7:30 P.M. (E.D.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. 7:45 P.M. (E.D.S.T.) Decision upon application of Spencer W. Petty, iii, for a variance to divide property, west side Track Avenue, Cutchogue, New York. 8:00 P.M. (E.D.S.T.) upon application of Dr. Newton Faulkner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road and Vanston Road, Cutchoguet New York; Lot $177 and 4178, Nassau Point Properties. 8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1206 Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 and 100-31 B for permission to convert existing building into two-family dwelling. Location of property: East side Main Street, Greenport, New York, bounded on the north by Grand Union Co.; east by A. Bonkoski; south by DeRubio & others; west by Main Street. 8:20 P.M. (E.D.S.T.) upon application of Frank & Vera Scott West View Drive, Mattituck, New York for a variance in accordance with the III, Section 100-30 and Bulk Schedule property with insufficient width and area. (Abigail Wickham, Esq.) Zoning Ordinance, Article for permission to divide Location of Legal Notice -2- Hearings: May 12, 1977 property: Northwest side of West View Drive, Mattituck, New York, bounded on the north by Anchorage; east by Woodcliff Drive south by West View Drive and A. Boscomb; west by Mattituck Cree 8:30 P.M. (E.D.S.T.) upon application of Robert & Virginia Kroepel, 2360 Oaklawn Avenue, Southold, New York for a variance ~n accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct tennis court with fence ex- ceeding maximum height. Location of property: West side Oaklaw~ Avenue, Southold, New York, bounded on the north by Southold School District and L. Baker; east by J. Graves; south by Jockey Creek Drive; west by H. Arm. 8:40 P.M. (E.D.S.T.) upon application of William B. Smith a/c R. V. Gehlmeyer, 220 Mechanic Street, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (b) for permission to place side wall sign on existing building. Location of property: South side Middle Road (CR27), by CR27; east by Barzac; 8:50 P.M. (E.D.S.T.) 28 Joval Court, Brooklyn, Southold, New York, bounded on the nort~ south by Bucci; west by Klein. upon application of Dominic J. Catalan¢ New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 & Bulk Schedule for permission to-divide property with insufficient width and area. Location of property: North Drive, Ma%tituck, New York;~Lots Acres. 9:00 P.M. (E.D.S.T.) P.O. Box 1221, Minnehaha Bay View Avenue and 19 through 22+, Shore upon application of Elizabeth Yaro, Boulevard, Southold, New York for a variance in accordance with' ~he Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide prop- erty with insufficient width and area. Location of property: Minnehaha Boulevard, Southold, New York, bounded on the north by Minnehaha Boulevard; east by Laughing Water Property Owners Association; south by Corey Creek; west by G. Moyle. Legal Notice -3- Hearings: May 12, 1977 9:10 P.M. (E.D.S.T.) upon application of Constantine Vloutety, 605 Maple Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 32 for permission to construct tower exceeding maximum height. Locatio~ of property: Maple Lane, Mattituck, New York, bounded on the north by Peconic Homes Subdivision; east by R. Brooks; south by Maple Lane; west by Krupski. 9:20 P.M. (E.D~S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with~the Zoning Ordinance, Article III, Section 100- 80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by Jockey Creek Drive; east by Ellis Terry; south by Jockey Creek and Ulrich; west by Main Road. 9:30 P.M. (E.D.S.T.) 6pon application of H~nry Stelzer & Wife, Main Road, 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 lot with insufficient width and area. Location of property: North side Maln Road, Peconic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west bY F. Stelzer. 9:40 P.M. (E.D.S..T.) upon application of Joseph Vandernoth, Osprey Nest Road, Gre%nport, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuffi- cient side-yard setback. Location of property: Osprey Nest Road, Greenport, New York; Lot ~18, Cleaves Point Subdivision, Section I. 9:50 P.M. (E.D.S.T.) upon application of Ralph W. Etlwood, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 for permission to construct dwelling unit on business Legal Notice -4- Hearings: May 12, 1977 building. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; soUth by L. Zarzeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding maximum height. Location of prop- erty: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanks; east by Howell; south by Muir; west by Rocky Point Road. 10:15 P.Mo (E.D.S.T.) upon application of Frank Vanecek, c/o Frederick J. Tedeschi, Esq.~ 403 Main Street, Greenport, New York for a special ekception i~ acCorda~Ce With the Zoning Ordinance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side Narrow River Road, Orient, New York; bounded on the north by Hughes & others; east by Hallock Bay; south by Plain Land Realty; west by Narrow River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 5, 1977, AND FORWARD SIXTEEN (16) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, ~MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on April 29, 1'977: Dr. Newton Faulkner Paul and Margaret Kayser Frank and Vera Scott c/o Abigail Wickham, Robert and Virginia Kroepel William B. smith a/c Gehlmeyer Dominic J. Catalano Elizabeth A. Yarc Constantine Vloutely Leslie Hart Henry Stelzer and wife Esq. Joseph Vandernoth Ralph W. Ellwood Isaac Edwards Frank Vanecek c/o F. Tedeschi SubdiYisLo~n; east by R. Brooks; ]~.Maple Lane; west~by ~icat~)6 of Leslie Hart. Hart 1~. e. Inc.. Main Road, SoTfl~old. New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-80 and Bulk Schedule for permission to .divide property with ingufficient width and area. Loeatlon of property: Mai'~ Road ._,and Jockey Creek Drive, South- old. New York, bounded on the north by Jockey Creek Drive; ess by Ellis Terry; south by .locket Creek and Ulrich; west by Mai~ Road. .~- 9:30 P.M. (E.D.S.T.) upon application of Henry Stelzer & wife, Main Road, Peconie, New with the Zoning Drdinanee, Art- icle Ill, Section 100-~0 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Main Road, Pecoaie, New York. bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by lr. Stelzer. -9:40 P.M. (E.D.S.T.} upon application :0t .~o:~.ldl Yandew noth. Osprey Nest R~md. Green- port. New Yorlt fora variance in accordance with the Zoning Ordi- nance. Article Ill. Section 100.30 and Bulk Schedule for permission to' construct addition with insuf. flclent side.yard setback. Loca- tion'of property: Osprey Nest Road, Greenport, New York; Lot #]8, Cleaves Point Subdivision, Section I. 9:Sff P.M. (E.D.S.T!) upon application of Ralph W. Ellwood, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 for permission to construct dwelling unit on busi- ness building. Location of proper- ty: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zarzeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New 'York for -~Zoning OrdinateD, Article Ill, Section I00-3S for permission to imum height. Location of proper- ty: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by Howell; south by Muir; west by Rocky Point Road. 10:IS P.M. (E.D.S.T.) upon application of Frank Vanecek, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York for a special exception in accordance with the Zoning Ordi- nance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale East side Narrow River Road, Orient, New York, bounded on the north by Hughes & others; Plain Land Realty; west by Nar- row River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Low and the provisions of the Amended Bu~ding Zone Ordinance of '~ Town of Southold, New ~'~rk, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, May 12, 1977, on the following appoais: 7:30 P.M. (E-D.S.T.)--Decision upon apphcation of Nicholas W. Ippollto for a variance to divide' property with existing buildings, south side North Road (CR27), Seuthold, New York. 7:45 P.M. (E.D.S.T.)--Decisiea uann aoplicatinn.of S~near W. Petty, IIL for a varianea to divide p~, w~st Side 'l~ack Avenue, .~cho~,)New York 9:00 tr~.. (ED~!T.) upon application of Dr,. Newton Fauikner, Nassau Point Read, Cutchogee, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road and Vanston Road, Cutchogue, New York; Lot No. 177 and No. 178, Nassau Point Properties. 9:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1206 Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 B for permission to convert existing building into two-family dwelling. Location of property: East side Main Street, Green- port, New York, bounded on the north by Grand Union Co.; east by A. Bonkoski; south by DeRubio & others; west by Main Street. 8:20 P.M. (E.D.S.T.) upon' application of Frank & Vera Scott, West View Drive, Mat- tituck, New York (Abigail Wickham, Esq.) 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: Northwest side of West View Drive, Mat- tittuck, New York, boUnded on the north by Anchorage; east by Wnsdcliff Drive; south by West View Drive and A. Bo~eamb; west by Mattituck Creek. g:30 P.M. (E.D.S.T.) upon application of Robert & Virginia Kroepel, 2360 Oaklawn Avenue, Southold, New York for a variance in accordance with the, Zoning Ordinance, Article III, Section 10(P35 for permission to construct tennis court with fence exceeding maximum height. Location of property: West side Oaklawn Avenue, Soathold, New York, bounded on the north by Southold School District and L. Baker; east by J. Graves; south by Jockey Creek Drive; west by H. Arm. 8:40 P.M. (E.D.S.TO upon application of William B. Smith a-c- R. V. Gehlmeyer, 220 Mechanic Street, Seuthold, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100~60 C (b) for permission to place side wall sign on existing building. Location of property: South side Middie Road (CR 27), Southo/d, New York, bounded on the north by CR27; east by Barzac, south by Bucci; west by Klein. 8:50 P.M. (E.D.S.T.) upon application of Dominic J. Catalano, 28 Joval Court, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Bay View Avenue and North Drive, Mat~ tituck, New York; Lots 19 through 22 % Shore Acres. 9:00 P.M. (E.D.S.T.) upon application of Elizabeth Yaro. P.O. Box 1221, Minnehaha l~oulevard, Soathold, 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: Minnehaha. Boulevard, Seuthold, New York, bounded on the north by Min- nehaha Boulevard; east by Laughing Water Property Owners Association; south by Corey Creek; west by G~ Moyle. 9:10 P.M. (E.D.S.T.) upon application of Constantine Vloutely, 605 Maple Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, property: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by Howell; south by Muir; west bY Rocky Point Road. 10:15 P.M. (E.D.S.T.) upon appheation of Frank Vanecek, c- o Frederick J. Tedeschi, Esq., 403 Main Street, Greanport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side of Narrow River Read, Orient, New York, bounded on the north by Hughes & others; east by Hallock Bay; south by Plain Land Realty; west by Narrow River Read. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD · being duly Sworn. ~er of the SUFFOLK xt Greenport. in said · nnexed is a printed ffolk Weekly Times OF APPEALS ITM5~2696 ............ weeks ....... ~ac~ng on the fifth Section 100-32 for permission to .~. construct tower exceeding .~fore me this ......... ~, maximum height. Location of....~.///k~... 1S.~.~. I property: Maple Lane, Mat- tituck, New York, bounded on the ~ . ? ~/~ ~ . div~ion; ~st by R. Br~; ...... ~.; ~ south by Maple ~e; w~t ~ ~ 9 :20 P.M. (E.D.S.T.) upon appH~tiun of ~lie Hart, Hart Hardware, Inc., Main Road,~ Southold, New York for a~ variance in accordance with the Zoning ordinance, Article III, ~ction 100-~0 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold New York, bounded on the north by 3ockeyCreek Drive; east by Ellis Terry; south by Jockey Creek and Ulrich; west ~y Main Road. 9:30 P.M. (E.D.S.T.) ~ application of Henry Stelzer & wife, Main Road, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient width and area. Location of property: North side Main Road, Pecouic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by F. Stelzer. 9:40 P.M. (E.D.S.T.) upon application of Joseoh Van- dernoth, Osprey Nest Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of property: Osprey Nest Road, Groenpert, New York; Lot No. 18, Cleaves Point Subdivision, Section 1. 9:50 P.M. (E.D.S.T.) upon application of Ralph W. Ellwood, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section I0(P60 for permission to construct dwelling unit on business building. Location of property: Main Read, Orient, New York, boUnded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zar- zeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding maximum height. Location of FO~I I~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No .................................................................. Dine ......................... t? ............................. ' 19"'"'f' To .~....~.A~.~....~....Z.~.~...~..%..~'??...G~ ~-~ ................. :2~:~.....~.~ .. PLEASE TAKE NOTICE th:t your :pplication dote~ ............................. ~ .................... , for permit to c~-.~.~..~.~...~t the premises located ~t ............ ,..,~.:; ...... ~. :Mop ...................... .2-~: ....... BlocR ............ 2~2~ .......................... Lot ...~ ...................................... r~ne~~~dis~pproved on the ~olIow;n9 9rounds ..~2;~2~:~._~fi~..,..~7~ ....... TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 2273 DATE _Ap~i1..~2~...1977 TO THE ZONING BOARD OFH~Pz[~ALS, TOWN OF SOUTHOLD, N. Y. 1 (We)z9 e S. 1..i...e." ~9..r..t.....&....~.a., ,r.d..w..a..r...e. :.....z..n..9..: of ...M.?. ~..n.....R..o..,a..d,.:....S...o..u,..t.,n.,9,,1. d. ........................... Name of Appellant Street and Number N....e..w.....Y..o...r..k.. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Leslie Bart Name of Applicant for permit of Main Road, Southold, New York Street ant Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY _ ]. LOCATIOi'~ OF THE:PROPERTY ~.~.~.a:.~:~.D:...~.~.a:~:~.~..9.?~..~..]:.~.M~..N-..e.~..~..r...~. ........................... 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 ~aragraph of the Zoning Ordinance by number. Do not auote the Ordinance.) 100-81 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 khj~ (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ~ request for c special permit ( ) request for a variance and was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that applicant ~ould like to divide his premises on Main Road and Jockey Creek Drivel~o seperate om/iership, his store and home. (Continue on other side) REASON FOR APPEAL I. STRICT APPLICATION OF THE ORDINANCE would produce practico~ difficu~ti~ or unneces- sar?~RDSHIP because applicant would be relegated to having his business, a hardware store,and his home the same ownership~ Title to his house could not be seperate from that of his business, ~k~x~x~ 2. The hardship created is UNIQUE and is not shared by a[J properties alike in the immediate vicinity of this prope~y and in this use district because no other property in the area has two structures,, having a ~usin~ss-aRd seperately a residential dwelling. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because nothing further would be added or suB- tracted from the property; there~would be ne physical change, no additional business, no additional residence. STATE OF NEW YORK ) ) COUNTY O'F suFFoLK~ Rucle'tp~ H. Bruer - Attorney for Applicant Sworn to this .................. ~.2,,~...~.. .................. day of ............. J~.~.~:.]: ............................... 19 77 [[IZABETB ANN NEVILLe2 NOTARY PUBLIC, State of New York No. 52-8125~50, Suffolk ~T~rm Expi,'es M~rch 30, After investigation and insp. ection, the Board finds that the applicant requests permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York. The findings of the Board are that the applicant wishes to separate the lot from corporate title and place it under individual title. The Board finds that strict application of the Ordinance would produce practica~ difficulties or unnecessary hardship; the hardship created ~s 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, Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York, be GRANTED permission to divide property with insufficient width and area, Main Road and Jockey Creek Drive, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,- Grigonis, Doyen. To: From: Re: ~UDITH T, TERRY TOW~ CLERK R~GISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 22, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Leslie Hart d/b/a Hart Hardware, Inc. Appeal NO Town Clerk JTT/bn TELEPHONE 765-3783 for a variance- 2273 TOWN CLERK 76B.3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals Town Of $outhold TOWN CLERK'S OFFICE Maln Road Sou~old, N. Y. 11971 Pursuant fo the C~eneral Munidpal Law, Chapter 24, of the Consolidated Laws, Article I2-B, Sections 239-1 and m, the Board...of...Appe.a!.s ......... of the town of Southold, N. Y. hereby refers the followbg {agency involved) proposed zoning action to the Suffolk County Plannbg Commission: [chedk one) New and recodifbd zoning ordinance Leslie Hart Hart Hardware, Inc. ......... Amendment to the zoning ordinenca Main Road Southold, NY 11971 ......... Zoning changes .......... Special permits ...... X... Variances Location of affected land: .... ~:~...R:~.9~.~.~.~...~9g.~..~.~.e~/`...D~..~.~.~...S~9.~:~.*....N.:.~r.~ within 500 feet of: (check one or moreI ............ Town or village boundary llne ...... X..-. State or county road, parkway or expressway ............ State or county ,park or recreation area ............ Strea,ra or drainage channel owned by %he county or for which the county has established ch*nnel lines ............ Sta*e or county owned parcel on which a public building is situated Comments: The Board granted the applicant permission to divide property and place one lot under individual title rather than the corporate title it is now under. Chairman Ti~e Dnte received by Suffolk County Planning Commission ..................................................... File No ............................... MAIN ROAD IBOU~HOLD, NEW YORK ! 1971 June 15, 1977 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Attention: Mr. Gillispie Re: Leslie Hart, Hart Hardware~ Inc. Variance Dear Mr. Gillispie: Pursuant to your instructions on May 12, 1977, en- closed please find letter from the New York State Depart- ment of Environmental Conservation stating that the~ have no objection to the above variance. Thank you for your cooperation in this matter. RHB/df Enc. cc: Leslie Hart NewYorkState DepartmentofEnvironmental Conservation Euvironmental Analysis Unit Building ~0, SITNY Stony Brook, N~ 11794 June 6, 1977 Rudolph H. Bruer Main Road Southold, N~ 11971 Re: Variance of Leslie Hart & Hart Hardware, Inc. Dear Mr. Bruer: We have no objection to the variance referenced above as we umderstamd no physical alterations' are proposed. ~H/cr truly yours, Peter A. A. Bede,' Commiss~oi~er Suffolk County Department of Planning H. Lee Dennison Executive Office Building VeCerans Memorial Highway Hauppauge, New Y~rk 11787 Town of Southold Board of Appeals May 23~ 1977 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following ~pplication$ which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of localldetermination should not be construed as either an approval or a dis:a~proval. Applicant Frank & Vera Scott R~ V. Gehlmeyer Leslie Hart & Hart Hardware Inc. Joseph Vandernoth Ralph Ellwood Henry Stelzer Municipal File ~]umber 2266 2271 2273 2275 2276 2277 GGl{:fp Very truly yours, Lee E. Koppelman Director of Planning b~ © O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of LESLIE HART and HART HARDWARE, INC. to the Board of Appeals of the Town of Southold TO: E. M. TERRY and ULRICH MARINE 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: Division of property as shown on attached survey ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See attached survey . 3. That the property which is the subject of such Petition is located in the following zoning district: Zone C 4. That by such Petition, the undersigned will request the following relief: Division of said property as shown on attached~survey 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 100-81 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: April 20, 1977 ~~ rdware, by Rudolph H. Bruer, Post Office Address Main Road Southold~ New York 11971 Inc. attorney for. pecl~loner O PROOF OF MAILING OF NOTICE NAME ADDRESS E. M. Terry Ulrich Marine Jockey Creek Drive, Southold, N.Y. 11971 Main Road, Southold, N.Y. 11971 STATE OF NEW YORK) COUNTY OFSUFFOLK) Mary Diana Foster , residing at McCann Lane, Greenport, New York ~ being duly sworn, deposes and says that on the 20~h day of APril ,19 77 ., 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 Southoid, New York .; that said Notices were mailed to each of said persons by (certified) (zel~a~x~) mail. Sworl~re me this 20th Mary D~a~ Foster 3.OA lc) FOR PARCEL NO SEE SEC NO 069 03-006 4 18.4A(c) FOR PARCEL NO. SEE SEC NO. 069 03-010 I 9 BOWERY CEMETERy I.OA(¢}~ 3 3.7A(c) 13 15 I 330' 20o' CHRISTIAN SCIENCE zoo' SEE SEC NO C53 SOUTHOLD SCHOOL DISTRICT NO. 5 SOUTHOLD 21.7A ( c ) SCHOOL DIST. NO. 5 ~.7~,(c) 2o.~ SOUTHOL D SC~ 8,5A(c) DISTRICT NO 5 SOUTHOLD DIST. NO. 5 1906 19.5 1.9 A{C) ~,?o' 5.5A(c) JOCKE' '"" CREEK 3 24 ~- z-~, 9A(c) 2.0A(c} Q J 0 C k e Y 26 1.8 A(c) 53 27 28 50 6.0 A (c) 29 2.6A(c) 3O 3.4A(¢) ~ (5o')' CUSTER ~ g 55 I0 9 f .1,