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Home My WebLink About1956 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1956 Dated September 9, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Lefferts P. Edson, Esq. Main Road Southold, New York DATE ..O~.t,,,,-....~.., 1974 1974 Appellant at a meeting of the Zoning Board of Appeals on October 3, was considered snd 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 ( ~ Request for a variance to the Zoning Ordinance ( ) 1974 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 8:35 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Main Road, Southold, New York - for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for permission to use existing barn for an art studio. Location of property: N/S Main Road, (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the east by R. Asselta; on the south by Main Road; on the west by Estelle McCallum. Fee paid $15.00. 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 or unnecessary 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 characler 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 Bnilding Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ~~, ~~ M~rjo~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to use existing barn for an art studio on the north side of Main Road (Rt. 25), Cutchogue, New York. The findings of the Board are that applicant is in a subdivision of eighteen one acre lots, one of which will be owned by the applicant. The user of this property will be the owner of the property. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in ~he same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordiaance. THEREFORE IT WAS RESOLVED, Lefferts P. Edson, Esq., Main Road, Southold, New York be GRANTED permission to use existing barn for an art s~udio. The property is located on the north side of Main Road (Rt. 25), Cutchogue, New York. This variance is granted subject to the following conditions: 1. That no art sales shall be conducted on the p~emises; there shall be no exhibits and no commercial functions. After two years (2) the Board of Appeals shall be required to review this use of property to assure that there have been no violations. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Appeal ~o. ACTIO~ OF T~ ZO~NG BOARD OF APPE~S OF T~E TO~ OF SOUTHO~ at a m~ng of ~e Zon~g Board of Appea~ on O~%~ $, I~74 was co~ider~l ( ) R~uesz for variance due ~ lack of access ~o proper~ ( ) Bequest :for a spe~ ~xeep~on under %he Zoning Ordinance (~) Req~ for a v~ianee ~o ~he Zoning Ord~nan~ ( ) 1974 DATE .~.t.-..-.-.~.~ 1974 Appellant the apDeal L SPECIAL EXCEPTION. By resolution of the Board it was determined that e special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... o5 the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be 2. VARIANCE. By resolution of ~he Board it was determLned that (a) Strict application of the Ordinance (would) (wou/d not) produce hardship because practical d~ficulties or unnecessary (b) The hardshiD created (is) (is not) unique and (would) (would not) be shared by all properties aPike [n %kc immediate v~einity of %h~s l~roD~T~y and h~ the same use distric~ because (c) The variance (does) (does not) observe the spirit of ~e Ordinance and (woUld) change the character of the ~/s~rict because (would not) and therefore~ it was ilL. her determined that the requested variance ( ) be granted ( ) be denied and that the previous dec~stoD_~ of the Bu~din~ Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ZONING BOAI~D OF APPEALS LEGA~' NOTI UE Not'ice df Hea~ings Pursuant t.o Section ~.67 of 5ne Town Law an~ the prev]sion.~ of hhe l~nend, ed Building Zone Ordin-nnce of the Town of Southold, Suffolk Counsy, New York, public .~.c~rings will be held by i~he Zoning Board of Appeals of 'the Town of Soutbold, au the Town Offi=e, Main Road~ Southold, New York, on October 3, 1974, on the followin~ appeals: 8:10 P.~I. [E.D.S.T.) ubcn application of Reginald Hudson Brody & Others, 136 Front Stre~L, exception ~n accordance with th~ Greenpor~, N. Y. for a spec~a! Zoning Ordinance, Article Ill. 100-30 B.9 for permian!on 5o cons~ruc~ docks and buildings on premises with N~sufficien= wmdtN and area. of property: E/S Gull Pond Lane, Greenport New York, Section storage Locatioti bounded on the north by Scott McBurnev Lot 11; on the easn by canal (branch of Gull Pond): on the south bv G. Lubri~h Lot. 12- on the wes~ by Gull Pond Lane. 8:25 P.M. (E.D.S.T.) upon application of Antonio De Se,~za, 5 Viking Road, Glenwood Landing, New York for a variance mn accordance with the Zoning Ordinance, Article III, Section 190-54 and Bulk Schedule for permzssion no construct dwelling with sufficient setback. Location of proper~y: Bay Shore Road Island View Lane, Greenporn, New York, Peconic Bay Estates, Lot No. 152 and 1/2 of 15i. 8:35 P.M. (E.D.S.T.) upon application of Leffer%s P. Edson, Main Road, Southold, New York for a varzance ~n accordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for · permission ~o use existing barn for an art studio. L6cation of property: N/S Main Road (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the easn by R. Asselta; 6h the south by ~ain Road; on the west by Esteli~ M6cailulm. LEGAL NOTICE · Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or{linance of the Town of Sou~bald, Suffolk County, New Yodk, public hearings will be held by the Zoning Board of Appeals of the Town of Sunthold, at the Town Office, Main Road, Southold, New York, on October 3, 1974, on the following appeals: 8:10 P.M. (E.D.S.T.) upon application of Reginald Hudson a-c Brody & Others, 136 Front Street, Greenport, N.Y. for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B.9 for permission to conslruct decks and storage buildings on premises with insufficient width and area. Location of property: E-S Gull Pond Lane, Greenport, New York, beanded on the north by Scott McBurney - Lot 11; on the east by canal (branch of Gull Pond); on the south by G. Lubrich - Lot 12; on the west by Gull Pond Lane. 8:25 P.M. (E.D~S.T.) upon application of Antonio De Souza, 5 Viking Road, Glenwood Lan- ding, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-34 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Bay Shore Road and Island View Lane, Greenport, New York, Peconic Bay Estates, Lot No. 152 and % of 151. ~ 8:35 P.M. (E.D.S.T.) upon application of Lefferts P. Edsun, Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for permission to use existing barn for an art studio. Location of property: N-S Main Road (Rt. 25), Cutchogue, New York, bounded on the north ,y other lands of applicant; on be east by R. Asselta; on the outh by Main Road; on the west by Estolle McCallum. ~ 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30 and Bulk Schedule )F SUFFOLK, | for permission to construct ad-, } ss: dition on dweltin__, which will NEW YORK, l reduce existing setback line l~l~.t C, Dot-man average. Location of property: W-S New Suffolk Road, New'h~ ......................... bein!I duly Sworn, Suffolk, New York, bounded on ....... is Printer and Publisher o! the SUFFOLK the north by M. Cooper; on the i, IM£. . east by New Suffolk Road; on the b, a newspaper published at Greenport, in said south by E. Roynor, Jr.; on the I that the notice, of which the annexed is a printed west by A. Rysko. 9:00 P.M. (E.D.S.T.) upon been published in the said Suffolk Weekly Times aPplication of Thomas A. Duffey, President, T. A. D. Auto Sales, rh week, tot . o.n.e...(.1.). .................. weeks Inc., Main Road, Mattituck, New oomm ,An twent - sixth (26th . York, for a special exception in ~ __~g on the ...... '~. ................ ). accordance with the Zoning ~tel~l~r ~- Ordinance Article VII, Section ~-. ....... ) conduct a used car sales ~'; :~''' .C~'~-.'' a~-~-'~'~'-'~'' ''~ ......... busmees B. to erect a second m/ore me this ~ s~gn. Location of property: S-S Main Road, Mattituck, New~ ............... York, beanded on the north by / .... Main Road; on the east by .... J. Brooks & R. Polhemus; west Any person desiring to be Coa n;clo~ heard on the above appeals should appear at the time and place aboye specified. Dated: September 19 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Notice of Hearings Pursuant to Seclion 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 3, 1974, on the following appeals: 8:10 P.M. (E.D.S.T.) upon ap-. plication of Reginald Hudson a/c Brady & OtheYs, 136 Front Street, Greenport. N.Y. for a special exception in accordance with the Zoning Ordinance, Article Ill, Section 100-30 B.9 for permission to construct docks and storage buildings on premises with insuf- ficient width and area. Location of property: E/S Gull pond Lane, Greenport, New York, bounded on thc north by Scott McBurney - Lot 11; on the east by canal (branch of Gull Pond); on the south by G. Lubrich - Lot 12; on the west by Gull Pond Land. 8:25 P.M. (E.D.S.T.) upon plication of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in actor~ dance with thc Zoning Ordlnance, Article IlL Section 100-34 and Bulk Schedule for permission to construct dwelling with insuffi- cient setback. Location of proper- ty: Bay Shores Road and Island. View Lane, Greenport, New York, Peconic Bay Estates, L6t No. 152 and V~ of 151. porte,ap 8:35 P.M. (E.D.S.T.) u plication of Lefferts P. Edson, -Main Road, Southold, Ne':,' Yorl4 for a variance in accordance with the Ton ng Ordinance, Artic!e IlL Section 100-30 C.I for penmss~on to use existing barn for an art studio. Location of property: N/5 Main Road (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the east by R. Asselta; on the south by Main Road; on the ~Y Estclle McCallum. 8:45 P.M. (E.D.S.T.) upon plication of Mr. and Mrs. Robert .Goldense, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule for permission to construct addi- tion on dwelling which will reduce existing setbackline average. Lo- cation of property: W/S New suffolk Road, New Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road; on the south by E. Raynor. Jr.; on the west by A. Rysko. 9:00 P.M. (E.D.S.T.) upon ap- plication of Thomas A. Duffey, President. ]'.A.D. Auto Sales, Inc., Main Road, Mattituck, New York, for a special exception in accordance with the Zoning cinance, Article VII. Section 100- 70 B.4 for permission A. to conduct a used car sales business, B. to erect a second sign. Loca- tion of property: S/S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maratooka Lane; on the south by 3. Brooks & R. Polhem- us; west by Sunset Avenue. Any person desiring to be on the above appeals should avpear at the time and place COUNTY OF SUFFOLK STATE OF NEW YORK ss: Sherley KarT, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zroveler-Mattituck Watchman once each week for ~ ~,.(.~.....~( ................... ,4..,z ................ weekg successively, commencing on the ............ ~.~'....' ................ ..... ;~ .................................. ./ ..................... ~ ................ Sworn to before me this ....... /~.~/.:./.. ..... day of .... ........ ..c ..... (. ....... ¢~.26.£ Igo l;a~ Public f FOP. M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLE~,K'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To .............. ~... ...... l..: ....... ~...,~.. ........ ............ ~.~ ............ ~!:..~/: ...... PLEA,S[~ TAKE NOTICE that your application dated ........... ~.....c~ .................... , or permit to ~n:.ruct(.m..~...~..z.z.~ ....................... at the premises located at ...... ~...c6...~.. ......... .~../~...~'~.__..~...~.~....~ ............. Street ~ (~_,.~.~k_~ Map .....~ ...................... Block ....... ~ ............................ Lot ....... ..¥.. .................................... is -~a~er~.e~ disapproved on the following grounds ....... ...~...~~..~~z ....... ......................................... .............. ~-L.~..~ ...... L.0.:..o....:,~..o.. .... :.?...( .................................................... TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~' ~'~ ~ TO THE ZONING BOARD OF APPEALS/TOWN Of SOUTHOLD, N. Y. ~. (~) ....~.~.~.~.~.,~.,...~.~ ..................... of ...... .(~.~...~.~1,.~...~ ................... Nome of Appellon~ Street ~nd Number ................... ~.~, ........................................................ ~..~ ...... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON ................ (X) ( ( ) Name of Applicant for permit of ....... .(~.o....~.~..~h...e..~)....~ '.z.~...~.o..~ ....... .s..o..~.%p..z..~. ........... .~.e.?..,.~9.~,k.. .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ], LOCATION OF THE PROPERTY ...... ..~..a...J.:,~..,.~.o..a.,.a; ........................ :~..~.:~...,.~,~.?.?.,.~,t:..,.'?:.r..e., ........... Street Use District on Zoning Mop .... ~.~.e...c.~.o..~?..:,..~,.?.~.k.. .............................. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph af the Zoning Ordinance by number. Do not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeol is mode herewith for (~) A VARIANCE to the Zoning Ordinonce or Zoning Mop ( ) A VARIANCE due to lock of occess (Store of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (b~3~) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) (X) ( ) is requested for the reason that appellant' s contract vendee proposes to use the barn on the premises for an art studio without presently residing in it. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicai difficuiti~ or unn~es- sa~ HARDSHIP b~au~ the structure would have no use whatsoever since it is not being used by the tenant farmer who has his own facilities adjoining the subject premises. 2. The hardship createdis UNIQUE and is notshared by all propedies ali~ in the immediate vicinity ofthis prope~y and in this use district because the structure under consideration is a barn which was formerly used in connection with farm operations. The farm operation ended on the death of the prior owner of the parcel and since that time the farm land has been rented to the adjoining farm owner. This left the property with a vacant and unused barn structure. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because no change whatsoever will be made other than to change the use of the structure from that of a storage of farm vehicles to that Of an art studio° STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Lefferts P. Edson Sworn to this j7~.t..h. ........................... day of ..........S..~..~.e~.?o.~.;r ......................... 39 74 RUDOLPH H, ~RUER ~OTARY PU~L.~C, $fafe o~ .New Yor~ Oornrnlsslon 5xplres March 30, !97S $outhold Town Planmng Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle November 6, 1974 Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Dear Mr. Gillispie: In regard to a variance granted by the Board of Appeals for the use of a barn as an art studio in Cutchogue, New York, the Planning Board would like to inform you that this property is located on a proposed subdivision. The Planning Board has not yet given final approval to this subdivision as stated by Mr. Edson in the minutes of the Board of Appeals. Yours truly, Muriel Brdsh, Secretary Southold Town Planning Board