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Home My WebLink About1887 TOWN OF SO~THOLD, NEW YORK ACTION OF THE ZON~qG BOARD OF APFEALS Appeal No. 1887 Dated March 25, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George L. Penny IV Sound View Avenue Southold, N. Y. DATE ...A.p..~...i.],....~L1, 1974 AppeUant at a meeting of the Zoning Board of Appeals on April 11, was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By res~ution of the Board it was determined that a special exception ( ) be gra~ed ( ) be denied pursuant ~ ~tic~ .................... Section .................... Subsect~n .................... p~agraph .................... of the ~ning Ordin~ce and the ~c~on of the Building I~pector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.D.S.T.) upon application of George L. Penny Iv, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southold, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 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 practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) ur~ique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED . After investigation and inspection the Board finds that applicant requests approval of access to interior lot. The access to the northerly portion of this property would be by 15 foot right of way parallel to the easterly property line of Sound View Avenue and approximately 376 feet long. 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 h-rdship 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, George L. Penny IV, Sound View Avenue, Southold, New York, be GRANTED approval of access to interior lot, as applied for, subject to the following condition: That the right of way shall be suitable for the ingress and egress of emergency vehicles, and shall be subject to the approval of the Building Inspector. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, 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, 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 April ll, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with tke zoning Ordinance, Article III~ Section 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boisseau Avenue, bounded north by J. Carroll & Anoo; east by J. Carroll & Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. 8:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30,1 100-31 and Bulk Schedule for permission to redivide property iwith insufficient area. Location of property: Cedar Beach Ro~d, Paradise Point Road, Southold, bounded north by A. Weymouth II; east by E. Heacock & Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road,; east by Terry Estate; south by Terry Estate; west by Edward Latham. Legal Notice Pg. 2 8:30 P.M. (E.D.S.T.) upon application of George L. Penny IV~ Sound View Avenues Southold~ New York~ for a variance due to lack of access, Town Law, Sec. 280Al Sub 3, for approval of ~access to interior lot. Location of property: south side Sound View Avenue, Southoid, bounded north by Sound View Avenue; east by Do R. Grattan; south by D. R. Crattan; west by Robert Bayley~ 8:45 PoMo (EoD.S.T.) upon application of Paul & Michete iiCusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordqance with the Zoning Ordinance, Article IIt~ Section 100-31 and Bulk Schedule for permission to use existing I structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road~ Cutchogue, New York, tbounded on the north by Fleetwood Road; east by Fleetwood Road; i;?south by E. Hansen; west by H. Meyer~ 9:00 P.M. (E.D.S.To) upon application of Edwin W. Stewart, i20 Carole Road, SQuthold, New York~ for a variance in accordance with the Zoning Ordinance, Chapter 100~ Section !00-32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Caro!e Road, Southold, New York, bounded on the north by M. Kuermer; east by Arshamomaque Pond; south by Arsh~omaque ~Pond; west by Carole Road. 9:15 P.M. (E.DoS.To) upon a~plication of Harvey F. Bagshaw, Deephote Drive, Mattituck~ New York for a special exception in a~c~rdance with the Zoning Ordinance, Article VIi, Section 100-70 B [4) (body shop). for permission to use Location of property: building as auto repair So~nd Avenue, Mattituck, bounded on the north by North Fork Bank; east b~ Love Lane; south by Sound Avenue; west by Episcopal Church. Legal Pg. 3 Notice 9:30 P.M. (E.D.S.T.) upon application of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance~ Article VI~ Sect-ion 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road, bounded on the north by Long Island east by D. Tuthi~l; south by Main Road; wast by W. Railroad; Ritzer. ~0:45 P.M. (E.D.SoT.) upon application of North Fork Baptist ~ Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 100-30 B (2) (3) [4) (6) (7) for permission to expand the · present ministry to include a youth hostel. Location of properuy: Route 27A, Mattituck~ bounded on the north by Horton Avenue & W. A. Kaiser; east by C. Sanders & C~ Born; south by County Road 27; west by J. Haas. Any person desiring to be heard on the above Appeals s~outd appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, April 4, 1974, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK.~ Copies sent to the following on March 29, 1974: The Suffolk Weekly Times The Long Island Traveler-Matti~tuck Watchman Supervisor Albert M. Martocchia Mary E~ & Linda J. Wheeler/Lefferts P. Edson, Esq. Gasper Pisacano/Gottlieb Nickles Lloyd E. Terry George L. Penny Iv Paul & Michele Cusumano Edwin W. Stewart Harvey F. Bagshaw Fogartyt Inc. North Fork Bapt~i~t Church NOTICE OF HEARINGS Pursuant to Section 267 of the town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk County, New York, public hearings will be held by the Zoning Beard of Appeals of the Town of Santhold, at the Town Office, Main Road, Southold, New York, on April 11, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southuld, New York, for a variance in ac- cerdance with the Zoning Or- dinance, Article IH, Section 100- 30~ 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boissoau Avenue, bounded north by J. Carroll and another; east by J. Carroll and Yennecott Park; south ~by Yennecott Park; west by Boisseau Avenue. 8:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zonin$, Ordinance, Article IH, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth II; east by E. Heaccek and wife; south by Cedar Beach Road; west by Paradise Point Road. 8:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Lutham. ~ ~8:30 P.M. (E.D.S.T.) upon application of George L. Penny ~V, Sound View Avenue, outhold, New York, for a variance due to lack of access, l'own Law, Section 280A, Sub 3, ~or approval of accesg to interior or. Location of property: south ride Sound View Avenue, ~outhold, bounded north by ~ound View Avenue; east by D.R. Grattan; south by D.R. Grattan; west by Robert Bayley. ~ 8:45 P.M. (E.D.S.T.) upon application of Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cutchngue, New York, bounded on the north by Fleet- wood Road; east by Fleetwood Road; south by E. Hansen; west by H. Meyer. 9:00 P.M. (E.D.S.T.) upon application of Edwin W. Stewart, 20 Carole Road, Scuthold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Chapter 100, Section 100- 32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Ar- shamomaqns Pond; south by Arshamomaque Pond; west by Carole Road. for permission to use building as auto repair (body shopl. Location of proper t!,' 'ou Avenue, Mattituck, bo,..,ded ~,.. the north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal OF SUFFOLK, Church. 9:30 P.M. (E.D.S.T.) upon F NEW YORK, ~ ss: application of Fogarty In- J corporated, Box 1000, Main Road, e,,m,~+ ~ Mattituck, New York, for a ............................ beillg d~lly Sworn, variance in accordance with the .h~. is Printer ~md Publi,~her o! l~e SUFFOLK Zoning Ordinance, Article VI, ' '' Section 100~0 C (3) (b) (1) to TIMES° - newspaper published ~t (Ireenpor~, in maintain sign of excessive size. Location of property; 7055 Main Road, bounded on the north by ~d ~h,~( ~h~ ~o(i~, o! which ~he ~nnex~! i~ ~ prinled Long Island Railroad; east liy D. 1~11 published in the ~dd Suttolk Weekly Time~ Tuthill; south by Main Road; west by W. Ritzer. Ich week, ~ ......... .O.B.e. ~ .]..). ......... weeks 9:45 P.M. (E.D.S.T.) upon applieation of North Fork Baptist ~1¥ oommen¢illg 011 ~le .......... ~.'~..i~ ............ Church, Route 27A, Matttiuck, Ordinance, Article III, Section . . 100-30 B (2) (3) (4) (5) (7) for permission to expand the present !~t01'~ llle (hill . . .~.'t.~ ..... ministry to include n youth ,~ ! hostel. Location of property: .. ~prJ. l~ ....... 19.~.x._;.~_~ W.A. Kaiser; east by C. Sander~ .... NO-l,q~ ¥ .[at~91_l ~ ,. $1, ~.~-~ ¢.~f hlo~rx ¥o [.~ ......... ~'~ and C. Bom; seuth by Caanty ,~ '' ~o. 52-93~335 on the above Appesl~ should appear at the time and place above spccified. Dated: March ~0, 1~74 BY ORDI~.R OF THE SOIYI'HOLD TOWN BOARD OF APPEAI~ 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, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Roacd, South- old, New York, on April 11, 1974 on the following appeals: 7:4S PM (E.D.S.T.) upon applica- tion of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord- inance, Article llI, Section 100-30, 100-31 and Bulk Schedule for per- mission to divide lot with insufficient width and area. Location of property; east side of Boisseau Avenue, bounded north by J. Carroll &Ano.; east by J. Carroll & Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. 8:00 PM (E.D.S.T.) upon applica- tion of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 100-30, 100-31 and Bulk Sched- ule for permission to redivide prop- erty with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Wey- mouth lI; east by E. Heacock -- Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:15 PM (E.D.S.T.) upon applica- tion of Lloyd Terry, Main Road, Orient, New York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article II1, Section 100-30 B 8 (a), for permission to op- erate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Ed- ward Latham. 8:30 PM (E.D.S.T.) upon applica- lion of George L. Penny IV, Sound View Avenue, Southold, New York ar a variance due to lack of access 'own Law, Sec. 280A, Sub 3, for a ,royal of a~cesg to interior !on o[ property: south side Sound View Avenue, Southold, aorth by Sound View Avenue; y D. R. Grattan; south by D. R. ;rattan; west by Robert Bayley. 8:45 PM (E.D.S.T.) u ion of Paul & Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to use existing struc- ture for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cut- chogue, New York, bounded on the north by Fleetwood Road; east by Fleetwood Road; south by E. Hah- sen; west by H. Meyer. 9:00 PM (E.D.S.T.) upon applica- tion of Edwin W. Stewart, 20 Carole COUNTY OF SUFFOLK STATE OF NEW YORK/ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper 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 Traveler-Mattituck Watch- man once each week for' successively, cornmencing on the ................ ..x~...~.'.L.'.f..C:. ....... day of ......... ............... :.'i. ........... .......... Sworn to before me this ......... z~'..). .......... day of ....... ........... .............. FOP~I NO. ~ TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHO/D, N. Y. File No. ............................................................. Date ................................................ , 19 PLEASE TAKE NOTICE that your application dated for permit to construct ..~ ......... ~t the premises Iocated at. ..~....~..:...0...~.....~... ....... Z ...... ..~./..~.:.... Street ~,~.,_. ~0,_ L~.K,~..) ~.,-~---~.~ r~tu,,~d h~ disapprove_on the following grounds ...... ..~.....C~....~..~....~.......~...~ ...~ ............... ~..&~.c ...... ~.~..~...~.....~...: .............. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. //~c~ ~7' DATE ..~..~.?...~. ....... .2...~..... 1 9?Lt- TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. t, (We) ..Ge. or~e...L.....P, enz~...I.~. .................... of ........... S.ouz~d...¥iew...zL~.e.... ........................... Name of Appellant Street and Number .................. .~...O..~...~..~...O..~.~. ........................................................... ~;~.,..~..,. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR APPLICATION FOR PERMIT NO ..................................... DATED ............ ~,¢./..,..,v~..~.~.- .................. Name of Applicant for permit of ........................ .................... ....................... ( ) PERMIT TO USE I ) PERMIT FOR OCCUPANCY (X) Approval of access to interior lot 1. LOCATION OF THE PROPERTY ....S../.~...~..q...z!~.,d..,V,..i,.~..~.,...A,.v..e.. ............................. .t~A~..,,d.,i..,s.,t.... Street Use District on Zoning Map Mop No. Lot No. Southold N.T. 2. PROVISION iS) OF THE ZONING ORDINANCE APPEALED ( ndicote the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) To-~m L~w section 280 A sub 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec,, 280A Subsectibn 3 4. PREVIOUS APPEAL A previous appeal ;~hos 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 ~ermit ( ) request for e variance and was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (:~) AVe dance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ts requested for the reason that: we proposed to set oz~i an interior lot of at least 1~2 ft width and 52,~2~ + Sq ft area on a fifteen (15) right of way, We request approval of access to same uud~r Town law section 280A Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The lot to be set off is larger than the ordzuance~ ~ requires~ leaving a lot of over ~u acre with frontage on existing public road. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because This present lot has a long road frontage on a curve and is ~uite deeps having about 2½ acres in all. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: It is plar_~ned to build a one family home on ' the rear (interior) portion of the lot in near future. STATE OF NEW YORK ) ) ss COUNTY OFSuff°lk ) Swo~n' to this ................ .~.~. ......................... day of ..................... ~3'~ff~h ....................... 1c) 7LF Notary Public Commi~J~ ~xpkes March 30, 19~