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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1711 Dated January 4, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Lawrence Baldwin
Peninsula Road
Fishers Island, New York
Decision of the Board
DAT~, January 25. 1973
Ht~a~iigr-'J~nuitry 23, 1973
Appellant
at a meeting of the Zoning Board of Appeals on Hearing: 1/23/73
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a speci/d exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
Declsion:l/25/73
the appeal
1. SPECIAL EXCEPTION. By reso~tion of the Board ~ was determined that a ~i/d exception ( ) be
~anted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... nf the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
~nfirmed because 12:45 P.M. (E.S.T.), January 23, 1973, Fishers Island Fire House,
Fishers Island, N.Y., upon application of Lawrence Baldwin, Penir~sula Road,
Fishers Island, N.Y., for a variance in accordance with the Zoning Ordinance,
Article III, Section 301, for permission to set off building lot with insufficient
area. Location of property: west side Peninsula Road, bounded north and west
by Harbor; east by Peninsula Rd.; south by Fishers Island Estate.
2. VARIANCE. By resolution of the Board it was determined that
(a) S~ric~ application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties
/dike 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)
SEB REVBRSB
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS
Marjorie McDermott, Secretary
After investigation and inspection the Board finds that applicant requests
permission to set off building lot with insufficient area on premises located
west side Peninsula Road, Fishers Island, New York. The Board finds that it
is in general agreement that this application should be granted in view of the
character of the development along the north side of Peninsula Road, West Harbor,
and Darbies Cove. The Board finds that applicant's property is located at the
head of West Harbor adjacent to a Town ramp. The adjacent property to the north
is swampland and there are a dozen or more small plots at West Harbor facing west,
some of which are only 50 feet in width. Fishers Island Estate owns land across
from Peninsula Road, and part of the difficulty has been caused by applicant's
accommodation to a request to relocate Peninsula Road made by the Town. The
road used to run along West Harbor and frequently became flooded. Applicant is
asking permission to set off a lot so his daughter can build a house on his
property. The property will be divided into two lots with a line proceeding
from Peninsula Road and at right angles to Peninsula Road in a northwesterly
direction.
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.
TH~P~EFOR~ IT WAS P~ESOLVED Lawrence Baldwin, Peninsula Road, Fishers Island,
New York, be GRANTED permission to set off building lot with insufficient area
located west side of Peninsula Road, Fishers Island, as applied for, subject to
the following condition:
That the old residence and the new proposed dwelling be located at
least 24 feet from the new (dividing) line.
Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis.
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,
Suffolk County, New York, a public hearing will be held by the
Zoning Board of Appeals of the Town of Southold, at the Fishers
Island Firehouse, Fishers Island, on January 23, 1973 - weather
permitting, storm date January 30, 1973, on the following appeal;
12:45 P.M., E.S.T., upon application of Lawrence Baldwin
Peninsula Road, Fishers Island, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301,
for permissioB ~o set off building lot with insufficient area.
Location ~f~t~perty: west side Peninsula Road, bounded
west by H~r; east by Peninsula Road; south by Fishers
Estate.
north and
Island
A~ person desiring to be heard on the above application
should ~pear at the time and place above specified.
Dated: January 5, 1973
BY ORDER OF ~HE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBliSH ONCE, JANUARY 11, 1973, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on January 5, 1973:
Mr. Lawrence Baldwin
The Suffolk Times
The Long Island Traveler-Mattituck Watchman
NOTICE OF HEARINGS
Pursuan~ to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, Suffolk County, New
York, a public hearing will be
held by the Zoning Board of
Appeals of the Town of Suuthold,
at the Fishers Island Firehouse,
Fishers Island, on January 23,
1973 - weather permitting, storm
date January 30, 1973; on the
following appeal:
12:45 P.M., E.S.T., upon ap-
plication of Lawrence Baldwin,
Peninsula Road, Fishers Island,
New York, for a variance ~n
accordance with Zoning Or-
d~nance, Article III, Section 301,
for permission to set off building
lot with insufficient area.
Location of property: west side
Peninsula Road, bounded north
and west by Harbor; east by
Peninsula Road; south by
Fishers Island Estate.
Any person desiring to be heard
on the above application should
appear at the time and place
above specified.
Dated: January 5, 1973
BY ORDER OF THE
SOLrI'HOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLK,
STATE OF l~EW YORK, ~ ss:
J
........ ~.uf~r.t..C....D. 9.~. n .............. being duly Sworn,
says that . .he.... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~t Greenport, in soid
county; and that the natic~, of which the annexed is u printed
copy, has been published in the suid Suffolk Weekly Times
once in ench week, for ......... .o.n.e ............... weeks
successively oommencing on the ..... e.1..~.e..n.t.h .............
day of Janu..a~ 19
-~-~: ~//.~.~/. ~ . ~ .~. .........................
Sworn to ~,b~.!ore me this .
day of .. ~/, ... ~ ;., .~.-..~/.: 49. ,% ~. ! ~ ,
/ ;~: ~ A.,~'" ~:'~':~ · ~ F '~ ~ ' ?~,t~ .....................
PUBLISH ER'S CERTIFICATE
~O~r~ Or SOV~O~n-
dlnance of
build
will
By Order of t~e ~outhold Town
State
of
Connecticut,
~- ss. New London
County of New London,
On this ......... ]-,.~:~.~2..... day of ........ ~.~-!'~.~,.~?Y ..............
A. D. 19 73, personally appeared before the undersigned,
a Notary Public, within and for said County and Slate,
A.G. A~raeida
............... C-o~.ro.~l.~..~ ............... of THE DAY, a daily eve~fing
newspaper published at New London, County of New
London, State of Commcticut, who being duly sworn,
states on oath, that the Order of Notice in the case of
........... .~..*..~.~..L..~.~..7.L..~.~.~.~ ~..~.....~.~. 5~ gc.~.~g ~ .................
........................................................................................ a true copy o£ which
is hereunto am~exed, was published in said nev. spaper in
its issues of the ......... e.l.e.M.~xxth ...................................
days of ........... d]~.B. B2.rY ................. A. D. 19 7~.
Subscribed and swmm to before me this ........ ]~.~.1~
day of ............... ~[aau. an~r ............... A. D. 19 7]
.... ~.L~...~.....,:....(..::~. ........ ~ ~......L~:~-! C&.~/...~:~.2?...~?.. .....
fY Notary Public.
NOTICE OF HEARINGS
Fursuant to 8ep~ion 267 ef:th~
the Amended · HuildJng Zone
Ordinance of the Town of South-
old, Suffolk County, New York.
a public hearing will be held by
the Zoning Board of Appeals of
the Town of Southold, at the
Island, on January 23, 1973 --
weather permitting, storm date
January 30, 1073, on the follow-
ing appeal;
I2:45 P. M. EST, upon appli-
cation of Lawrence Baldwin Pen-
insula Road, Fishers Island, New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III, Section 301, for per-
mission to set off building; lot
with insufficient area. Location of
property: west side Peninsula
Road, bounded north and west by
Harbor; e~st by Peninsula Road;
south by Fishers Island Estate.
Any person desiring to be heard
on the above application should
appear at the time and place
above specified.
Dated: January 5, 1973
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLK /
STATE OF NEW YORKI ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA'i-rlTUCK WATCHMAN, o public news-
paper printed at Southold, in Suffolk CountT; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
successively, commencing on the .......
day of ....... .? ~.~..~../f. ~,.:~ ....... ~/~9~.~..~A'..
Sworn to before me this ....... ~.~.~....i ...... day of
'-- ' Notary Public /
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD~ N. Y.
NOTIGE OF DISAPPROVAL
~File No ................................................................... Date ................. .~..~........~.. ......... , 19..~..~
L/
...... £.~.....:~-~ ...... ~.~.~,~' ...... ~,. .......... ~..:...L, .............
....... ~ ~."¢'~. .~;:.~..."~.,¢~.~ ~ ...... /:,/.';../.
PLEASE TAKE NOTICE that your application doted .............. .~.L...c7...~..,..~./. ...... , 19..~
fbr perm t to construct .~.~..-~..'.~..~ ............ at the premises Ioc~ e~/d at ...... ~/~.......~.~,~,~__
... ~..(~....~ ................................Street ~ ~'.~(~.. ~
rtap ......... ...~, ............................ Block ......... ...~... ......................... Lot ...... ...~... .................................... is
· ~ ~f~ ;~.~_.~ )'J ~,.~.,.~ . .
~aecf-h~ disapproved on the following grounds ...... ~., ....................................
................ ~;~~ ~' ............... :., ....... .; ..................................................................
...................... (~~,/. ......... ~..?....c., ...... ~:r..)...z. ...............................................................
.... ::.?~::.~...! ......
Building Inspector
TOWN OF'SO~THOLD, NEW YORK
APPEAL FROM DECISION OF-BUILDING INSP,-CTOR APPEAL NO.
DATE ...~..,a~,,7~:a~.Z..~ :...773
TO THE ZONING BOARD OF APPEALS. TOWN OF. SOUTHOLD, N. Y.
], ~(We) ....~.~.~..~e..~....c..e....~.~..~..~..~. ........................ of Pe~ins~a ~oad
ppe,a, ................... ..........................
....... ~.$.~.~. ~.$.~$..~ .~-T~ ~.~3~ ............ HEREBY APPEAL TO
Mun'ic~pel ty ~tete
THE ZONING BO~RD. OF APP[ALS FROM THE ~ECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ................................... DATED ~.~$~.~.....~-~.~......' ...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
,: )
Name of Applicant for permit
of
....... .e. ... Z :..z..: ...................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to divide property and build one family dwelling
LOCATION OF THE PROPERTY .]~../~...?..e...D:~.s.~.a.....~..o..~.~.. ........................... ']..~.~'.~...~..~..s...~. .......
Street Use District on Zoning Map
xxx xxx Fishers Island N.Y.
/,Aap No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.)
_ Article III section ~01
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordina.nce 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 prev,ous appeal3~(has not) been made v4th respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appee No ................................. Dated ......................................................................
REASON :OR APPEAL
) A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
is requested for the reason that : Total lot area is larger than required for one
dwelling~ ~Ye proposed to set off enough land on the northeasterly
section to build a 1200 + sq ft dwelling for another member of the
family.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP-because-' The entire parcel is roughly triangular in shape~
it has long frontage on Penninsula roa~ and frontage at the head of
West Earbor. The land is relatively level and above storm tide at
the proposed building site. We are no in a position to enlarge the
total lot.
The proposed
the.adjoining lots
Penninsula Road is
restricted.
lot to b~e set off will be substantialy larger than
to the north. The land on the opposite side of
ownedby ~lsners Island Estates Carp e~ud is highly
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of thi§ property and in this use district because The land ~¢as bc~g~ht :bt two
parcel~ and has a lot of water frontage~ and triangular i~ shape.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because : It is proposed to place a one family
dwelling of over 1200 sq ft living area on the lot set off. This
lot will be larger than those in the "Penninsula subdivision" ~djoining
on the north. The dwelling ~ll be in keeping with development of
the neighborhood.
STATE OF NEW YORK )
) ss
COUNTY OF Suffolk )
Signature
Sworn to this }+th day of ......................... .J...a.~.a...r..y. .............. 19 73
Suffolk Couni7 Department of Pl~--~ng
Veterans Memorial I~ighvzay
H&uppau~e, New York 11787
February 13, 1973
Mr. Robert W. Gillispie, Jr. Chairman
Town of Southold Zoning Board of Appeals
Box 296, Main Road
East Marion, New York 11939
Petitioner :
File No. :
Lawrence Baldwin
Dear Mr. Gillispie:
S.C.P.D. File No.: SD-73-1
Pursuant to the requirements o~ Sections 1323 to 1332 o~ the Suffolk
County Charter, the above captioned application which has been re-
ferred to the Suffolk County Planning Co~nmission is considered to
be a matter for local determination. The decision si local determina-
tion should not be construed as eitl~er an approval or & d~sapproval,
qomments: Could establish an undesirable precedent in not maintaining
the effectiveness of the zoning ordinance.
GGN:ec
by
Respectfully yours,
Lee E. Koppelman
Director of Planning
\-!~ "~-' :. "[.,i. //~.,~,,~,~,.,..,~,..~
CH~t:F PLANNER
Town Of Southold
TOWN CLERK'S OFRCE
Main Road
Sotdhold, N. Y. 11971
TOWN CLERK 765-3783
Building Dept. f
Planning Bd. 765-2660
Board of Appeals
Pursuant fo the General Municipal Low. Chapter 24, of the Consofidated Laws. Article 12-B, Sections 239-1
end m, the .~..Of../l~ll~R ............ of J~ne town of Southold, N. Y. hereby refe~ +he following
{egency invEl?edI
proposed zonin~j action to the Suffolk County Planning Commission:
Icheck one)
New and recodifled zoning ordinance
............ Amendment to the zoning ordinence
............ Zoning changes
............ Special permits
...,~. Variances
Location of affected land: ...... ~/$..pena;l~ev3~...Roed.r.~:[she~s.,.][.a.ta~l~...Beg.. ..............
within 500 feet of: Icheck one or moreI
..... ~f~t~o~n~O~ag(e~,~un~d~/~ghel'~ Z i~,al*,c~
............ State or county rood, parkway or expressway
............ State or county ,perk or recreation eree
............ Stream or drainage channel owned by the county or for which the county has established channel
lines
............ State or county owned ,parcel on which a public building is situated
Comments: ~e pl~:q~erty vail boulht ir, ~ paree3l~ each of ~teh ~s la~
e~ess of ~ m~t~ ~qut~n~e~ ~XXo wa~ is avala~e, and Xt
.. ................
[-; './~ ,,.-~
Tide
Date received by Suffolk County Pbnnlng Commission .......................................................................
File No .................................
TOWN C4.ERK 76F,-3783
Buildln.g DepL l
Planmng Bal. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Maln Road
Soufhold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24-, of the Consolidated Laws, Article 12-B, Sections 239-1
end m, the .~.Oex~d..of..Appea~s ............ of the town of Southold, N. Y. hereby refers the following
lagency involvedl
proposed zooing action to the Suffolk County Planning Commission:
(check oneI
............ New and recodified zoning ordinance
............ Amendment to the zoning ordinance
............ Zoning changes
............ Special permits
.. ~g~(.. Variances
Location of affected bed: ......h~./S..pe~n.:l,n~u~a...Roae~f...Fi.shers....].stend.~...~.,.y., ...............
within ~ feet of: Jcheck one or moreJ
............ State or county road, parkway or expressway
............ State or county ,p~rk or recreation area
............ Stream or drainage channel owned by the county or for wMch the county has established channel
lines
............ State Or county owned p~rcel on which e public building is situated
Commen~: ~he proPerty was bought ir, two ~,arcels~ e~ch of which is larger
than the lots in th, "Pemuinsula" subdivision and at least equal to other
residential ~ots on ~.;est harbora Tbs cropose~ dwelling unit is i~
excess of our mini~u requlrements~ public wa~er i~ ~valab!e~ a~d it
appears this is a r~asonable division of the lande
Date: ..Jan....25...1.973 .................
~signed) k~- .
......... C.h..g~.,...~..Al~p.~.a.l~ .......................
Tide
Date received by Suffolk County Planning Commission ..........................................................................
File No .................................
FISHERS ISLAND DEVBLOP~BNT CORPORA. T~ON
Sep~end~er 14, ~97~
Lawrence Baldwin,
Fishers Island, N.Y.
Dear Larry=
I wish to apologize for no~nforming you
sooner of the action taken at the meeting of the Board
of Directors of Fishers Island DeveZopment Corporation
on September 3. At this meeting the Board authorized
me to advise you that in so far as Fishers Island
Development Corporation is concerned, there is no
objection to your building an additional house as we
discussed. Whether there are zoning or other problems
in constructing such a building are matters which you,
of c~urse, will have to determine for yourself. I hope
this puts you in a position to proceed with your plans.
With best wishes, I am
HOME
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