HomeMy WebLinkAbout2131 TOWN OF SOUTHOLD, NEW YORK
ACTION OF 'X'lilf ZONING BOAI~D OF APPEALS
Appeal No. 2131 Dated April 27, 1976
ACTION OF TH~ ZONING BOA}{D OF APPEALS OF THE TOWN OF SOUTHOLD
To Millwood Homes, Ltd.
122 Orleans Lane
Jericho, New York 11753
DATE ......M~....~.0. 1976
Appellant
at a meeting of the ZonLng Board of Appeals on May 20, 1976
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
( IQ Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Bo~d it was d~ermined that a special exception ( ) be
gra~ed ( ) ~ denied pur~a~ to Article .................... Sectinn .................... Subso~n .................... p~a~aph
.................... of the ~ning ~dinance and the dec.on of the Building Inspector ( ) be reversed ( ) be
confirmed because 9:10 P.M. (E.D.S.T.) upon application of Millwood Homes,
Ltd., 122 Orleans Lane, Jericho, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to construct three dwellings with
insufficient width and area. Location of property: Wabasso/
Nakomis Road, Southold, bounded on the north by Theodore Kwasnik;
east by Wabasso Street; south by C. Nelson & A. Kwasnik; west by
Nakomis Road. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (wou/d) (would not) produce practical
hardship because
SEE REVERSE
difficulties or unnecessary
(b) The hardship created (is)
alike in the in~nediate vicinity of this property and in the same use distr/ct because
SEE REVERSE
(c) The variance (does)
change the character of the district because
SEE REVERSE
(is not) unique and (would) (would not) be shared by all properties
(does not) observe the spirit of the Ordinance and (would)
(wonid not)
and therefore, it was further detemined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
F,~ONING BO~ARD OF A]~"ALS /'~
Marjo~%~e McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to construct three dwellings
with insufficient width and area on property located at Wabasso
and Nakomis Roads, Southold, New York. The findings of the
Board are that the lots are undersized so the Board would
not be walling to grant three lots but would be agreeable
to . ~ t~ granting two lots subject to applicant
fur~ishing-sketch of division of property for the Board's
approval.
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 nieghborhood, and will observe the spirit
of the Ordinance.
THEREFORE, IT WAS RESOLVED, Millwood Homes Ltd., 122
~Orleans Lane, Jericho, New York, be DENIED permission to construct
three dwellings on property located at Wabasso Road and Nakomis
Road, Southold, New York, as applied for, but shall be GRANTED
permission to divide property consisting of Lots 50, 51 and 40,
Map of Section 2, Laughing Water, Southold, into two lots,
subject to the following condition:
That applicant furnish the Board of Appeals with a
sketch showing the division of property into two lots,
for their approval.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
RECEIVED AND FILED BY
THE S '~ - ,
OvT~:OLD TOWN CLERK
DATE ~//"~//?~. HOUR/~;/~
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
May 20, 1976, on the following appeals:
8:00 P.M. (E.D.S.T.) upon application of Doric Dimensions
Corporation, CR27, Mattituck, New York (Catherine Zarbis)for a
special exception in accordance with the Zoning Ordinance, Article
VI, Section 100-60C (B) for permission to erect additional ground
sign. Location of property: south side Sound Avenue (CR27),
Mattituck, New York, bounded on the north by Sound Avenue (CR27);
east by now or formerly Pylko; south by now or formerly H. R.
Reeve; west by now or formerly V. Norris.
8:10 P.M. (E.p.S.T.) upon application of Robert B. Hamilton,
1180 Smith's Drive South, Southold, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to build an addition leaving
insufficient sideyard. Location of property: Smith Drive South,
Southold, New York, Lots 47 an~ 48~-~oo~e N~ck~Est.
8:20 P.M. (E.D.S.T.) upon application of Steven Papastefanou,
Main Road, East Marion, New York (Bernard Weiner-Hendon Pools),
201 Hempstead Turnpike, Elmont, New York, for a variance in accord
ance with the Zoning Ordinance, Article III, Section 100-30 C &
100-32 for permission to construct private swimming pool in front
yard area. Location of property: Main Road, East Marion, N. Y.,
bounded on the north by Main Road (Rte 25); east by Private Road
(Cedar Drive ; south by Private Road (Cedar Drive ; west by L. T.
Vail.
Legal Notice
Pg. 2 Hearings: May 20, 1976
8:30 P.M. (E.D.S.T.) upon application of George Wallace,
Rabbit~Lane, East Marion, N. Y. (Sess~e Construction Services· Inc~
for a variance in accordance with
Section 100-30 C (2) (d) & 100-32
swimming pool on secondary parcel
the Zoning Ordinance, Article II
C for permission to construct
of land. Location of property:
Rabbit Lane (Private Road), East Marion, N. Y., bounded on the
north by Marion Lake; east by S. Wolfe; south-Rabbit Lane; west
by R. Rackett.
8:45 P.M. (E.D.S.T.) upon application of Edward C. Clingen,
special exception
Young's Road, Orient, New York for a ~i~ in accordance with
the Zoning Ordinance, Article II~, Section 100-30 C (6F) for
permission
property:
Main Road
to erect off-premises
South side Main Road,
(Rte 25); east by C.
Kellogg; west by Floyd King.
8:55 P.M. (E.D.S.T.) upon application
59 Wilmarth Avenue, Greenport, New
rental sign. Location of
Orient, New Yorkr bounded~on north
Knispel; south by Hale &
with the Zoning Ordinance, Article III, Section
Bulk Schedule for permission to construct porch
insufficient side yard. Location of property:
100-30 A. and
addition with
south side
Wilmarth Avenue and north
Map of Washington Heights
9:10 P.M. (E.D.S.T.)
122 Orleans Lane, Jericho
side Washington Avenue, Greenport,
, Lot 41 and 50, Wilmarth Ave., Greenpor~
upon application of Millwood Homes Ltd.
· New York for a variance in accordance
with the Zoning Ordinance,
Schedule for permission to
sufficient width and area.
Road, Southold, bounded on
Wabasso Street;
Road.
Article III, Section 100-30 and Bulk
construct three dwellings with in-
Location of property: Wabasso/Nakomis
the north by Theodore Kwasnik; east by
south by C. Nelson & A. Kwasnik; west by Nakomis
of Leo W. Tillinghast,
York for a variance in accorda~
Legal Notice Pg. 3 Hearings:
May 20, 1976
9:25 P.M. (E.D.S.T.) upon application of William Wickham,
Main Road, Ma%tituck, New York for a variance in accordance
with the Zoning Ordinance,. Article VI, Section 100-61& 100-62
and Article VII, Section .100-71, and Article XI, Section 100-112 C
& 100-113 (2) for permission to construct addition causing in-
sufficient off-street parking. Location of property: North side
Main Road (Rte 25) Mat~ituck, New York, bounded on the north by
Mattituck Park District; east by L.~ Dohn Est.; south by Main Road;
west by V. Stype.
9:35 P.M. (E.D.S.T.) upon application of Marcus & Joanne
Bryan~ 108 Wedgewood Drive, Coram, New York for a variance in
iaccordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct dwelling with
insufficient setback. Location of property: Glen Court, Birch
~ills, Cutchogue, New York, Lot 3, Map of Birch Hills, ~4908.
9:50 P.M. (E.D~S.T.) upon application of Cline W. Cornell,
,akwood Drive, Southold, New Y0rk,(R. G. Terry, Jr., Attorney),
or 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:
Oakwood Drive & Christopher Street, Southold, New York.
10:05 (E.D.S.T.) upon application of Franklin Born, Leeward
Drive, Southold, New York, (Gary F. Olsen, Att'y), for a variance
in accordance with the Zoning Ordinance, Article III, Section
k00-30 and Bulk Schedule & Section 280A Town Law for permission
Lo construct two dwellings on altered lots and for approval of
~ccess. Location of property: Leeward Drive, Southold, New York,
~ap of Leeward Acres, Lots 29 & 30.
Legal Notice Pg. 4
Hearings: May 20, 1976
10:20 P.M. (E.D.S.T.) upon application of Margaret Rushmore,
2 springhill Road, RoSlyn Heights, N, Y., (Gary F. Olsen, Att'y),
for a variance in accOrdance With the Zoning Ordinance, Article
Iii, Section 100-30 and Bulk Schedule for permission to construct
dwelling with insufficient setback.' Location of property:
south end Doan Drive, Cutchogue, New York, bounded on the north
by J. Dean; east by Libel & Seaman; south by Peconic Bay; west
by Dean Drive and Downsview Sub.
10:30 P.M. (E.D.S.T.) upon application of Joseph & Claire
Mossbruger, 149 Raymond Street, Rockville Centre, New York,
(Rudolph Bruer, Att'y), for a variance in accordance with the
zoning Ordinance, Article III, Section 100-30 and Bulk Schedule,
for permission to divide premises with dwelling into two lots
with insufficient width and area. Location of property:
west side Privato Road, east side Sound View Ave., Southold,
bounded on the north by V. D'Augusta; east by Private Road;
south by J. McCarvill & Ors; west by Manning - minor subdivision.
10:40 P.M. (E.D.S.T.) upon application of Alice T. Power,
Driftwood Cove, Main Road, Southold, New York, (Rudolph Bruer,
Att'y), for a variance in accordance with the Zoning Ordinance,
Article iii, Section 100-30 & Bulk Schedule for permission to
divide premises with dwelling into Cwo lots with insufficient
width and area. Location of property: Private Road - Haywaters
Road Ext., Cutchogue, Map of Peconic Bay Prop., Lots 11 & 12 and
Lots 24 & 25.
10:50 P.M. (E.D.S.T.) upon application of Douglas Case,
Case's Place, Peconic Lane, Southold New York for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 100-30 C (6) (F) for permission to erect off-premises
sign on the south side of Main Road. Location of property:
South side Main Road opposite Peconic Lane, Peconic, New York.
Bounded on the north by Main Road; east by now or formerly Ch.
Simon Est.; south by A. Fiore & Ors.; wes~ by T. Grattan & Ors.
Legal Notice pg. 5
Hearings:~ May 20, 1976
Any person desiring to be heard on 'the above appeals
should appsar at the time and place above specified.
Dated: May 7, 1976 BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, MAY 13, 1976, AND FORWARD FIFTEEN (15)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on May 10, 1976.
Catherine Zarbis, Doric Dimensions, Inc.
Robert B. Hamilton
Steven Papastefanou (Bernard Weiner-Hendon Pools)
George Wallace
Edward C. Clingen
Leo W. Tillinghas%
Millwood Homes, L%d.
William Wickham
Marcus & Joanne Bryan
Cline W. Cornell
Franklin Born (Gary F. Olsen)
Margaret Rush-more (Gary F. Olsen)
Joseph & Claire Mos~bruger (Rudolph Bruer)
Alice T. Power (Rudolph Bruer)
Douglas Case
LEGAL NOTICE
tion of property: south side Wil-
marth Avenue and north side
Washington Avenue, Greenport,
Map of Washington Heights, Lot
41 and 50, Wilmarth Avenue,
, Greenport.
9:10 P,M. (E.D.S.T.) upon
plication of Millwood Homes Ltd.,
122 Orleans Lane, Jericho, New
York for a variance in accordance
with the Zoning Ordinance, Arti-
cle III, Section 100-30 and Bulk
Schedule for permission to con-
struct three dwellings with insuf-
ficient width and area. Location of
property: Wabasso/Nakomis
Road, Southold, bounded on the
north by Theodore Kwasnik; easl
by Wabasso Street; south by C.
Nelson & A, Kwasnik; west b1
Nakomis Road.
9:25 P.M. (E.D,S.T.)
plication of William Wickham,
Main Road, Mattituck, New York
for a variance in accordance with
the Zoning Ordinance, Article VI,
Section 100-61 & 100-62 and
Article Vll, Section 100-71, and
Article Xl, Section 100-112 C &
100-113 (2) for permission to
construct addition causing insuf-
ficient off-street parking, Loca-
tion of property: North side Main
Road (Route 25) Mattituck, New
York, bounded on the north by
Mattituck Park District; east by L
Dohm Est.; south by Main Road;
west by V. Stype.
9:35 P.M. (E.D.S.T.) upon ap-
plication of Marcus & Joanne
Bryan, 108 Wedgewood Drive,
Coram, New York for a variance
in accordance with the Zoning
Ordinance, ArticIe III, Section
o4 100-30 and Bulk Schedule for
permission to construct dwelling
with insufficient setback. Loca-
tion of property: Glen Court,
Birch Hills, Cutchogue, New
York. Lot 3, Map of Birch Hills,
#4908.
9:50 P.M. (E,D.S.T.i upon ap-
plication of Cline W. Cornell,
Oakwood Drive, Southold, New
York, (R,G. Terry, Jr., Attorney),
for a variance in accordance with
the Zoning Ordinance, Article 11I,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Oakwood
Drive & Christopher Street,
Southold, New York.
10:05 P.M. (E.D.S.T.) upon
application of Franklin Born,
Leeward Drive, Southold, New
Yo~k, (Gayy F. OIsen, Att'yL for a
variance In accordance with the
Zoning Ordieance; Article Ill,
Section 100-30 and Bulk Schedule
& Sectiqn 280A Town Law
COUNTY OF SUFFOLK
STATE OF NEW YORK
Sherley Katz, being duly sworn, says that she is on
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 Lonq Island Traveler-Watch-
man once each week for / weeks
successively, commencing on the ..../.~.~. ..........................
day o f %':', -" '/ 19./...~X...
.... · ................................. ................... ..........
Sworn to before me this ..../.(j/. ............. day of
?
/
........ .....
_ M13--2380
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 May 20,
1978, on the following appeals.
8:00 P.M. (E.D.S.T.) upon
application of Doric Dimensions
Corporation, CR27, Mattituck,
New York (Catherine Zarbis) for
a special exception in accordance
with the Zoning Ordinance,
Article VI, Section 100-60C (B) for
permission to erect additional
ground sign. Location of
property: south side Sound
Avenue (CR27), Mattituck, New
York, beanded on the north by
Sound Avenue (CR27); east by
now or formerly Pylko; south by
now or formerly H.R. Reeve;
west by now or formerly V.
Norris.
8:10 P.M. (E.D.S.T.) upon
application of Robert B.
Hamilton, 1180 Smith's Drive
South, Seuthold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to build an ad-
dition leaving insufficient
sideyard. Location of property:
Smith Drive South, Seutholdi
New York, Lots 47 and 48, Goose
Neck East.
8:20 P.M. (E.D.S.T.) upon
application of Steven
Papastefanan, Main Road, East
Marion, New York (Bernard
Weiner-Hendon Pools), 201
Rempstead Turnpike, Elmont,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30 C & 100-32 for permission to
construct private swimming pool
in front yard area. Location of
property: Main Road, East
Marion, N.Y., bounded on the
north by Main Road (Rte 25);
east by Private Road (Cedar
Drive); south by Private Road
(Cedar Drive); west by L.T. Vail.
8:30 P.M. (E.D.S.T.) upon
application of George Wallace,
Rabbit Lane, East Marion, N.Y.
(Sesame Construction Services,
Inc.), for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 C (2) (d) & 100-32 C for per-
mission to construct swimming
pool on secondary parcel of land.
Location of property: Rabbit
Lane (Private Road), East
Marion, N.Y., bounded on the
north by Marion Lake; east by S.
Wolfe; south-RabMt Lane; west
by R. Rackett.
8:45 P.M. (E.D.S.T.) upon
application of Edward C.
Clingen, Yoang's Road, Orient,
New York for a special exception
in accordance with the Zoning
Ordinance, Article III, Section
100-30 C (6F) for permission to
erect off-premises rental sign.
Location of property: South side
Main Road, Orient, New York,
bounded on north Main Road
(Rte 25); east by C. Knispel;
south by Hale & Kellogg; west by
Floyd King.
8:55 P.M. (E.D.S.T.) upon
application of Leo W. Tillinghast,
59 Wilmarth Avenue, Grennpert,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 A. and Bulk Schedule for
permission to construct porch
addition with insufficient side
yard. Location of property: south
side Wilmarth Avenue and north
side Washington Avenue,
Grcenpert, Map of Washington
Heights, Lot 41 and ~ Wilmarth
Ave., Greenport.
9:10 P.M. (E.D.S.T.) upon
application of Miliwood Homes
Ltd., 122 Orleans Lane, Jericho,
New York for a variance in ac-
cordance with the Zoning Dr-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to construct three
dwellings with insufficient width
and area. Location of property:
Wabasso-Nakomis Road,
Seuthold, bounded on the north by
Theodore Kwasnik; east by
Wabasso Street; south by C.
Nelson & A. Kwasnik; west by
Nakomis Road. ~
9:25 P.M. (E.D.S.T.) upon
application of William Wickham,
Main Road, Mattituck, New York
for a variance in accordance with
the Zoning Ordinance, Article VI,
Section 100-61 & 100-62 and Article
VII, Section 100-71, and Article
XI, Section 100-112 C & 100-113 (2)
for permission to construct ad-
dition causing insufficient off-
street parking. Location of
property: North side Main Road
(Rte 25) Mattituck, New York,
bounded on the north by Mat-
tituck Park District; east by L.
Dohn Est.; south by Main Road;
west by V: Stype.
9:35 P:M. (E.D.S.T.) upon
application of Marcus & Joanne
Bryan, 10~ Wedgewood Drive,
Coram, New York for a variance
in accordance with the Zoning
Ordinanee,~'Article III, Section
100-30 and Bulk Schedule fur
permigsion to construct dwelling
with insufficient setback.
Location Of property: Glen Court,
Birch HiHs,~ Cutchogue, New
York, Lot 3, Map of Birch Hill,
No. 4906. ·
9:50 P.M. (E.D.S.T.) upon
applicatien of Cline W. Cornell,
Oakwood Drive; Seuthald, New
York, (R.G. Terry, Jr., At-
torney), fora variance in ac-
~ ~ordance with the ' Zoning Or-
dinance, Article III, Sk'tion 100-
30 and Bulk Schedule for per-
mission to divide property with
insufficient width and area.
Location of property: Oakwood
Drive & Christopher Street,
Seuthald, New York.
10:05 (E.D.S.T.) upon ap-
plication of Franklin Born,
Leeward Drive, Seuthold, New
York, (Gary F. Olsen, Att'y), for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
& Section 280A Town Law for
permission to construct two
dwellings on altered lots and for
approval of access. Location of
property: Leeward Drive,
Seuthald, New York, Map of
Leeward Acres, Lots 29 & 30.
10:20 P.M. (E.D.S.T.) upon
application of Margaret Rush-
more, 2 Springhill Road, Roslyn
Heights, N.Y., (Gary F. Olsen,
Att'y), for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission lo construct dwelling
with insufficient setback.
Location of property: south end
Dean Drive, Cutchogue, New
York, beanded on the north by J.
Dean; east by Libel & Seaman;
south by Peconic Bay; west by
Dean Drive and Downsview Sub.
10:30 P.M. (E.D.S.T.) upon
application of Joseph & Claire
Mossbruger, 149 Raymond
Street, Rockville Centre, New
York, (Rudolph Bruer, Att'y) for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule,
for permission to divide premises
with dwelling into two lots with
insufficient width and area.
Location of property: west side
Private Road, east side Sound
View Ave., Seuthold, bounded on
the north by V. D'Augusta; east
by Private Road; south by J.
McCarvllle & Ors; west by
Manning--minor subdivision.
10:40 P-:~. (E.D.S.T.) upon
application of Alice T. Power,
'Driftwood Cove, Main Road,
Southold, New York (Rudolph
Bruer, Alt'y), for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30 & Bulk Schedule for per-
mission to divide premises with
dwelling into two lots with in-
sufficient width and area.
Location of property: Private
Road--Haywaters Road Ext.,
Cutchogue, Map of Peconic Bay
Prop., Lots 11 and 12 and Lots 24
and 25.
10:50 P.M. (E.D.S.T.) upon
application of Douglas Case,
Case's Place, Peconic Lane,
Seuthold New York for a special
exception in accordance with the
Zoning Ordin~.*e, Article III,
Section 1~0 C (6) ~') for
pe~misal~t t~ erect off-ff~mlises
~gn o~ the south s~de of Main
R0ad~ Loe~ti~n of prol~rty:
South Side Main Road opposite
Pcconic Lane, Pecouic, New
York. Bounded on the north by
Main Road; cast by now or
formerly Ch. Simon Est.; south
COUNTY OF SUFFOLK,
STATE OF NEW YORK. ? ss:
Stuart C. Dorman
...................................... being duly Sw,
says that ...h.~..., is Printer and Publisher of the SUFFC
WEEKLY TIMES, a newspaper published at Greenport, in
county: and that the notice, of which the annexed is aprii
copy. has been published in the said Suffolk Weekly Ti
~nce in each week, for . . .)~.(~.~). ........... wc
Thirteenth
successively commencing on the .......................
day of .... Z-~=~: ...... :-.~ ~19.7.6..
-~-~ .~.-.'~.~.':.~.~ :': .~::-.~.~ :7:.: ......
Sworn to before me this . ../.
,ay of ..... d/. ....
FOI~M NO.$
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
TOWN OF SOUTHO~.I), NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF API~EALS, TOWN_OF SOUTHOLD, N. Y.
Millweo~Home.s~. Ltd. ' of : 122 Orleans Lane
~, (We) ............ '~Zr~; ';;~":~;~;ii;;;~'; ........................................ ~'~'~;~':~'~'~"f~'[;~;'; ..........................
................. ~.~.~e ........................................................ .~.. ~9~ ....... HEREBY~A~PEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
..................................... ........ .......................
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 ..... .~..9..]f.~9..~.~.~..~...~.~.~.~.~..~.~..~.e:~.~.~.~.~.~.~..~.~?...e..~. ..................
Street Use District on Zoning Map
...~.~..p..~....s.'..e:.q.t.t.o..n...gL~..u..~.t..=..~....w.~..t:.e.~s ~ots ko, 50, 5l
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub-
section and )aragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.)
100.30 and Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appealS) (has hot) been maae~with respect to this decision
of the Building Inspector or w?h respect to this property.
Such appeal was ( ) request for c 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
is requested ~rthe reason that improvement of lots ~0 and ~1 on Nokomis Road
and lot ~0 on Wabasso Street separately, as 12,~60 square foot aud
1~,7~0 square foot building lots with houses in the ~-k0,000 dollar
price rs~ge would be consistent with e~isting area development.
Improvement of the three lots in any combination of
square feet or greater would be inconsistent with the area in teens
o~ lot size. (see below)
~rmzB1 (Continue on otherside)
REASON FOR APPEAL Co?inuec~
t. STRICT APPLICATION OF THE ORD!NANCE would produce practice[ difficulties or unneces-
sary HARDSHIP because
Dwellings on half-acre or greater lots would
necessarily market at ~0,000. Lot ~i~e and 6me!ling price in that
range wonld not be consistent with the existing subdivis!omby
CoH~ Wickham~ which largely antedates the zoni~ ordinance
~ud averages 12,~00 ~ square feet per leto
2. The hardship created is UNIQUE and [s not shared by oil properties eJike in the immedicte
vicinity of this property and in this use district because
This plot is one ef the
six vaoan~ parcels of~more th~u one lot in the area~ out of
~-~otal of ~'lotso The area zs~ 70% deve~op~ ~ with
quarter~acre lots. No smalle~ lot zoning is avaz~abl~ under
the ~'
or~lna~e~
3. The Variance Wouid observe the spirit of the Ordinance end WOULD NOT CHANGE THE
CHARACTER OF THE DISTR~CT because
?0 % of the area is developed with
er subdivided into quarter~aere lots~ Half-acre or greater
lot improvement,on two roads, would be inconsistent with
existing development, ~esthetically~ from a d~elling ~arke%
standpoint, and for the ultimate occupants~
~see analysis attached)
STATE OF NEW YORK
COUN~
OF
Sworn tO this ........................
Notary Public ~
ELIZ~B~'H A~ ~EV'tLL~
JUDITH T. BOK£N
OF LERK
5nUTHOLD, L. I., N. Y. 11g'71
April 27, 1976
To:
From:
Re:
to:
Southold Town Zoning Board of Appeals
Judith T. Boken, Town Clerk
Application of Millwood Homes, Ltd.,for a variance-Appeal No.
I have on file in my office notification by certified mail
Theodore Kwasnik, Southold, N.Y. 11971
Charles M. Nelson & Wife, 2961 Mulberry Drive, Titusville,Fla.
Adela Kwasnik, 93 N. 7th St., Brooklyn, N.Y.
Boken
Town Clerk
2131
32780
JTB/bn
mlLLLUOOD HOMES. ltd.
GENERAL CONTRACTORS
122 Orleans Lane Jericho, New York 11753 516 681.8720
Lots A & B
1- On East side of Nokomis Road and on same side of street as lots
A & B are on, there is a total street frontage of 880.52'.
2- Excluding lots A & B, the balance frontage of the street is 650.52'
divided among six independent property owners at an average frontage
of 108" per independent property.
3- Lots A & B, divided equally as per survey map, would give us two
independent building plots each having a road frontage of 115'.
Lots A & B, individually, would be larger than the average property
frontage and equalto four of the six present independentlproperty
frontages on the existing street.
4~ The area of lots A & B would be 12,650 square feet each. Of the six
lots on the East side of Nokomis Road, two are larger, one very
slightly larger, three identical to proposed Lots A & B.
5- Lots A & B, as independent lots, would be of the same basic size
and distinction of the other lots on Nokomis Road and would there-
fore continue to contain the character already established and set
forth on Nokomis Road.
Lot C
1- Lot C on the East side of Wabasso Street has a frontage of 125'.
The independent lot adjacent to lot C is also 125' frontage. The
second lot frontage is only 8, larger.
2- On the opposite side of Wabasso Street are seven independently
owned lots. Of the seven, five lots have a smaller road frontage
and each of thefive lots has a square foot area that is very
comparable to the square foot area of lot C.
3- By comparison with the other lots on Wabasso Street, lot C would
be compatible with the existing plots and would maintain the
established character of the street and area.
BOARD OF APPEALS, TOWN OF SOUTFLOLD, ~.
In the Matter of the Petition of :
MILLWOOD HO'qES, LTD. :
to the Board of Appeals of the Town of Southold :
NOTICE
TO:
Cherles M. Nelson & Wife
2961 r-~lberry Drive
Titusville, Florida 32790
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
torequesta (Variance) (S~eei~d-E-~epth:m) (Sp~ci~l--Pe~t) (the following relief: to use
Iota ~0, 51, end 40 on Ten of C.~. %'ickhem as sin~;le building lots ).
2. That the property which is the subject of the Petition-is located adjacent to your property and is des-
.crbedasfo ows N6rth by T. ~wesnik; East by Webesso Street;
South by A. ~w~snik t.~ A. Nelson; West by T;okomi.~ P. oed
3. That the property which is the subject of such Petition is located in the following zoning district:
~ residontiel district
4. That by such Petition, the undersigned will request the following relief: Dez~_i s sion to ,~ so
existin~ ~ndersized lots as separate buildin?, lots
5. That the provisions of the Southold Town Zoning Code applicabl.e to the relief sought by the under-
signed are: Section 100.30 end Bulk Scheoule
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:
z'4ILLWOOD HOMES, LTD.
Petitioner
Post Office Address
~.0. Box ~73
?.outhold~ ~{.Y. 11971
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Theodore Kwasnik
Southold, N.Y. 11971
Charles M. Nelson & Wife
2961 Mulberry Drive
Titusville, Florida 32780
Adela Kwasnik
93 N. yth Street
Brooklyn, New York
RECEIPT FOR CERTIFIED MAIL
SENT TO POSTMARK
STREET AND N0. .~ ~
RECEIPT B 2. Shows to whom, date and where delivered ~
PS Form
Jan. 19763800
NO INSURANCE COVERAGE PROVIDED-- (See other
NOT FOR INTERNATIONAL MAIL *GFO:t,TS--~-59t~4S2
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS,:
~aul l~l. llman , residing at 122 Orleans Lane
~Terieho.. N.Y. 117c;3 , being duly sworn, deposes and says that on
of April ,19 76 , 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-
riceat $outhold, New York
(certified) (r~_~g~s::::~) mail.
Sworn to before me this _
day of Ar,'~-T 1 ,1976
Notary ~blic
; that said Notices were mailed to each of said persons by
ELIZAOETH ANN NEVILLE
NOTARY PUBLIC. State of New York
No. 52-8125850. Suffolk County..,
Term Expires March 30. 19~_~r'
BOARD OF APPEALS, TOWi~OF.SC;U3THOLD
In the Matter of the Petition of :
~fTLLWOOD E0~-~S, LTT~. :
to the Board of Appeals of the/own of Southo~d :
TO: Theodore Kwe snik
Southold, ?~ew ¥o~'k 11971
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 requesta (Variance)(~pe'cTal'E~e'p'[~ll)(5~cq~lT~t'lf~T)(thefollowingrelief: to '~se ex:~ttn~, lots
50, ~nd 51 on meo o? C.V. Wickbem es single b~11dtn~ olots ).
2. That the p. rqperty which is the subject of the Petition is I,o~ated adjacent to your property and is des-
cribed as follows: ~o~"th by T. Kwrsnik; Last by 'abasso Street;
South by A. Kwesnik & ~. Nelson; West by Nokomis Reed
3. Thattheproperty whichisthesubjectofsuchPetitignislocatedinthefollowingzoningdistrict:
A resi6enticl dm~tr~ct
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: permission to use
existing undersized lots e~ separate buildin~ lots
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
Section 100.30 end bulk schedule
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 suqh 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 i.n 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:
~!LL%,'00D I~O;~fE$, L?D,
Petitioner
Post Office Address
P.O.Box P73
Soutbold, .~Tew Vork 11971
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Theodore Kwasnik
Southold, New York 11971
Charles M. Nelson & Wife
2961 Mulberry Drive
Titusville, Florida 32780
Adela Kwasnik
93 N. 7th Street
Brooklyn, New York
RECEIPT FOR CERTIFIED MAIL
SEN~ ~ POSTMARK
OR DATE
STREET AND NO.
RETURN [ I, SHOWS to whom an~ Rate delivered ........
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-- (See
Jan. 1976
NOT FOR INTERNATIONAL MAIL
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Saul Millman . residingat 122 Orleans Lane
Jericho; New York 1175~ . being duly sworn, deposes and says that on the ~O~day
of .April ,19 76 , 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-
ficeat Eouthold; N.Y.
(certified) (~esk, t~re~d) mail.
Sworn to before me this
day of A_nril ,
'-~ - ~/ Notary Public
; that said Notices were mailed to each of said persons by
ELIZABETH ~,NN NEVILLE
NOTARY PUQLJ~, State of New York
NO. 52-81~Q, Suffolk County
Term Expii~,~ ~arch~, 30. 19~
C
BOARD OF APPEALS, TOWN OF SOUTkJO, LD ~,
In the Matter of the Petition of
:'~InLWOOD HO?~E$, LTD.
to the Board of Appeals of the Town of Southold
TO:
~dela ~wasni~
93 N. 7th Street
Brooklyn, New York
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) (STeei~-C~-x~e~,a) (~pee~M4%~) (the following relief: to use ex~stin,~ lots
h0, T0, nnd ~l on me~ o~ C,;~, !,!lekhem es sin~,le building, plots 1.
2. That the prgperty which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: , ~;orth b.¥ T. <wesnik; E;est by We. basso Street;
South b:f A. Kwosntk ~:: A. Nelson; West by Nokomis Reed
3. That the property which is the subject of such Petition is located in the following zoning district:
~ residential district
4. That by such Petition, the undersigned will request the following relief: per~n~szlon to use
existing, und~rsi~e~ lots es se~srete buildln~ lots,
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: ?octlon 100,30 end Bulk Schedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above
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 suqh 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:
~-'rILLWOOD !iO~;S, LU'D.
Petitioner
Post Office Address
P.O. Box ~73
Soutbold, ~ew York 11~71
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
Theodore Kwasnik
Southold, New York 11971
Charles M. Nelson & Wife
2961 Mulberry Drive
titusville, Florida 32780
Adela Kwasnik
93 N. 7th Street
Brooklyn, New York
RECEIPT FOR CERTIFIED MAIL
' POSTMARK
STREET AND "0. TM - l'ZJ ~'~R
EC · 2, SHOWS to whom, date and where delivered
PS Form
Jan. 19763800
NO INSURANCE COVERAGE PROVIDED-- (See other side)
,NOT FOR INTERNATIONAL MAIL ~ G~:lm~l~52
STATE OFNEW YORK )
COUNTY OF SUFFOLK)
SS.:
Saul Millman ,residing at 122 Orleans Lnne
Jericho; New York 117~3 , being duly sworn, deposes and says that on the ~_Tj~day
of April ,1976 , 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 r011 of the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at SoLttll. olcI.¥ ~e~ ~ork ; that said Notices were mailed to each of said persons by
(certified) (fe~i~te~e&) mail.
Sworn to before me this ~'~ 7~
day of April ,1976
-- ~J Notary Public
.ELIZABETH ANN NEVILLE
'/40TARY PUBLIC. State of New York
.No. 52-8125850, Suffolk
Terra Expires March 30, 19-/?~
J
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I
? ~OUTNOLD L,T> ~.~
~"~ ~e~4e,4 ~s~ qZ~°s~ ~ ~. ~j ~ILLNVOOD IJO~5, LTD,
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LAUGIJIN~ \VAT[_ D_
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I,,,41LL~.VOOD 1-10M~_5, LTD.
RO. [5ox
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