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Home My WebLink About2503 TOWN OF SOD[HOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2503 Dated December 18, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Peter V. McPartland 45 Kew Gardens Road Kew Gardens, New York 11415 1979 DATE.~.,.....~z 1979 Appellant at a meeting of the Zoning Board of Appeals on January 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 excepiion under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 11, 1979 the appeal 1. SPECIAL EXCFPTION. 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 ( ) by confirmed because 8:35 P.M. (E.S.T.) Upon application of Peter V. McPartland, 45 Kew Gardens Road, Kew Gardens, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Waterview Drive; west by Wilkinson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ali 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 ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant wishes to construct a house with insufficient front yard setbacks on the corner of Cedar Lane and Waterview Drive, Southold, New York. The Board agrees with the reasoning of the applicant that due to the irregular triangulation of the lot, it would be close to impossible to build a conventional style home. 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 the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spizit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that Peter V. McPartland, 45 Kew Gardens Road, Kew Gardens, New York, be GRANTED permission to construct a house with a 30 foot setback from Cedar Lane and a 30 foot setback from Water- view Drive, Southold, New York. Location of property: Waterview Drive and Cedar Lane, Southold, New York, bounded on the north by Johnson; east by Cedar Lane; south by Waterview Drive; west by Wilkinson. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. i Legal Notice of Hearings -2- January 11 , 1979 8 :15 P .M. (E.S .T . ) Upon application of John E. Lademann and Gail M. Lademann, Pine Neck Road, Southold, New York, - (Abigail A. Wickham, as Attorney) , for a variance in accordance with the Zoning Ordinance , Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and frontage. Location of property: Alvah' s Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards , Inc. ; west by Alvah' s Lane; south by Blachly. 8 :25 P .M. (E.S .T. ) Upon application of William G. Wysocki, 1 Orchard Street, Orient, New York, (Samuel J. Glickman, Esq. ) i for a variance in accordance with Section 280A of the Town Law j for recognition of abcess . Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg ; east. by Latham; south by Latham; west by Long Island Lighting Company. 8 :35 P.M. (E.S .T. ) Upon application of Peter V. McPartland , 45 Kew Gardens Road, Kew Gardens , New York, for a variance in accordance with the Zoning Ordinance, Article III ,. Section 100-31 a.nd Bulk Parking Schedule for permission to construct a house wit insufficient front yard setback. Location of property: Waterview Drive and Cedar Avenue, Southold, New York, bounded on the north by Johnson; east by' Cedar Lane; south by Waterview Drive; west by Wilkinson. 8 :50 P.M. (E.S .T . ) Upon application of the Estate of Jean F. Brown, Village Lane, Orient, New York, (Christopher S. Byszek, Esq. ) for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for per- mission to divide property: Location of property: Village Lane, Orient, New York, bounded on the north by Hoffman and Godfrey; east by Village Lane; south by Horne and Norklun; west by Oyster- ponds Lane . 9 : 00 P .M. (E.S .T . ) Upon application of Colony Cabinets, Inc. (.Robert Annison, as Agent) , North Road, Southold, New York, for a x TOWN OF SOUTHOLD,' NEW YORK APPEAL FROM DECISION OF BUILDING: 'INSPCECTOR APPEAL NO. J v`Nd, DATE .../ r TO THE ZON I NG BOARD OF APPEALS, TOW F SOUTHOLD, N. Y. 1, (We) vf/!�Gr,E't!/��i Name of Appellant Street and NumbeAllr . ........}/................... ........ItZe . ..HEREBY APPEAL TO Municipa ity THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE INSPECTOR ONAPPLICATION FOR PERMIT NO. .................................... DATED7ILDING G �Jl.l (J WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ....................................................................... Name of Applicant for permit of .............................................................................................:.................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCYwi✓_� 1. LOCATION OF THE PROPERTY .... ..... ..... ..................... . e District on Zoning Map /(UC� ................................................................................. Map 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 Ordinance.) ///lT/<G� /mil /O��/ ��li�r-rite��/1,�/�✓G' .�C�/��.�'�c'�� 3. /TYPE OF APPEAL Appeal. is made herewith for ( d) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) off' 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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( k/ A Variance to the Zoning Ordinance is requested for the reason that Form zB1 (Continue on other side) REASON FOR APPEAL Continued „ 1. STRICT APPLICAT N OF THE ORDINANCE would, produce practical difficulties or unneces- sary HARDSHIP becauseLp�ir/��7:1C7/G �/��G� �`'/ �/ `oelo�/�F�fi�icv ��fl/,�� %/.9✓�_ �l'G;�'C�� O�G�P,/'�iv�.�r�°- �9�✓'O- .,.��G?�UPs��' �1O'✓�O.�c�'�C��•`��G/�'•__ ��%7�-tom/_��-�''lC�_ T�P �f/�1�� Gy�,✓•i ��ji!cC ✓"/z��i�/cz°. �,�l�,s°ram �c%� ✓'r��E /�'��zi � -rr.�c7�c� �./�O/�O� PX�Pti✓�/mot/�-Gl,��.. ��-��✓ x", �/�Of</i✓� _ - - -_;. 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 �J _��G ✓ �li�/I �o �EP _<C2/iZ 'J 7`6 E/1E�CT yO.c�J� O� %i</G- !Q`� tic/c�- -�.�i�E_��/��--C/- --��E -��lf/�,S��T_�=/C/-/Tf Oj��_-/�-�CTiyc�.�-��/r�'Gir�.�✓' 3. The Variance would observe the spiri f e Ordinance and -WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because /iV._�"y�_�� ./iv�`�f�"_�i¢✓T_ oar/ �G��/�__��%�l�/P�I�..O�iliE✓'�ir� �C-'./�jaiyr_�/o�CIC,�- -�� /iry �PLi,�T��irv✓///�_�.--Tf/�_��'c��9 �ifi�PvP �� STATE OF NEW YORK ) �G/`:..:...e �! J , ) ss . . . ....... COUNTY O� y o ) Signature Sworn to this ........ ., ................... day of....... .11')3:�Zar............ 19'7E— Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk Cou ty Term Expires March 30. 191LP 1 ; F F K JUDITH T.TERRY TELEPHONE Town CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 18, 1978 To; ..Southold Town Zoning Board of Appeals From: Judi.th. T. Terry, Town Clerk Transmitted herewi.th. isz bning Appeal No. 2503, application of Peter V. McPartland for a variance. Also included is notification to adjoining property owners as follows: Mary M. Getoff,1101 A WestArron Drive,State College, Penn 1680.1; Roy C. Wilkinson, Southold, New York 11971; Franklin Johnson, Cedar Lane, Southold, New York. 11971. -AIL Z udith T. Terry JTT/bn Town Clerk cc: file Enc./ J FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Date ..........:�� ............................................................... r- 19. ... C � / ......... ............... PLEASE TAKE NOTICE that your application dated ��..� .., 19. � for permit to construct the premises located at �i !�� vp! �.. lZ• V41... .......-s ,1e ��j Map/ ..r�...7F.... Block ........................../................ Lot ........................Z 0. ............ is e returned herewith and disapproved on the following grounds ... ......................................................... ............... .................................................................................................... .... ................................. .................... Buildi g I spector BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the—Board of Appeals of the Town of Southold TO: 71 YOU ARE HEREBY GIVEN NOTICE: ' 1. That it is the intention of the undersigned to petition the Board of Appeals of the n of Southold to request al Tow Variance) (Special xception) (Special Permit) (the following relief: 2. That the perty which is the i,sb}'ect of the Petition is located adjacent to-your property and 's des- cribed as follows: /1GryG/' rir`'��fUll�/P,� CPci��/�/l/��/��c/� i✓ �iT aF G�i✓�/�/l,T�c�w o��g� Sri�-P..� _ - - -- - - - - . . . _ - - - ' J 3. That the property which is the subject of such Petition is located in the following zoning district: TO..GUic/O�fret T/�GL O .6�ir7�✓cT�U�y✓i�iy 7J7i�i� -f�- 4. That by such Petition,the undersigned will request the following relief: �� c��r�«E �✓i>i� T�/�- fcr,�if.�'.✓ o� -�C��r fi�c�� if��il�®�i�r� G pr(/ CGclr'E'isl G��7 ./'i.� i�cic/�c-r"f/�Oi,>� Tiy��/��.��jiG'/N� Off' oyiti✓o�v .¢.ci/a �10 i��7 �%7c��-r s�/i�.ilovlov �JGv/F oil��✓./" 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- 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 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 Travel er-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:' r Petitioner O� C��i��y��i� /(/� •��E ✓��C Uri' ��i✓ ✓%/G��/l�c�/�'�� TO �- �'/'-./ti'ld_✓ACT 7`O T�� G�il�i��`-riv� Off"' 7i1�,� //�.��✓7�=0 f//��i/��/C�' ,_/i'%�i�?TiG/(/�/.J �6G�s� Opt/ T/l/✓' ✓.9/� /��IO�iC ?TfO�/ -- - - - --- PROOF OF MAILING OF NOTICE NAME ADDRESS �7/ L�� d9iVC 4 t STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) ►5 c �CC A residing at ,5 being duly sworn, deposes and says that on the e3 day of �'C��C�-G , 19 7,-5 , 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,�et,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 asses ent roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at ;that said Notices mailed to each of said persons by certifie (registered) mail. Sworn o before me this TI day o r..�b�r , 19 Notary Public W AYM ANN NEVuv NOTMY PUBLIC, State of New York No. 52-8125850, Suffolk Coyyi�nt Term Expires March 30, 3-6 d /T t - hereinafter described as the purchaser, WITMESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and being more particularly hounded and described as follows a CM24ENCING at a point on the northerly side of Water View Drive, which point is the intersection of the northerly line Of water ViGW Drive and the viesterly line of Cedar Lane, being the southeanterly cornet of the premicea horoin deecE:ibed; running from said point of beginning in a general northerly direction along the westerly lines of Cedar Lana 99.00 feat, more or loran, to lands of Mooneyp running thence in a general westerly direction along the lands of Plooney 185.00 feet, more or less, to a point f thence atilt,'.along the land of Hooney in a general northwesterly directions 25.00 feet to a point; running thence in a general southerly direction along other laud of Julius Zebroaki, a dietance of 60.00 feet, more or lean, to the northerly \X MAP lines of WatOr Vieev Drivel it;NATION running thence in a general easterly direction along the northerly line of Water View Drive 200.00 feet to the point or place of DEOTM77DI0. BEING AND INTENDED TO BE the same premises conveyed to than Seller herein by deed dated September 14, 1974 and recorded in the Suffolk County Clerk's Office on September 16, 1974 in Liber 7714 page 290. I. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by.reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. :t.,T� i,..,r r, r'r a•"F{? 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RD.) - .UNLESS -RAWW FOR PARCEL ARE N ITHIN SEE SEC. ? \ „o` NOTICE 5- .�_.' NO 087 .,� MAINTENANCE, ALTERATION, SALE 'OR 1 r I DISTRIBUTION OF ANY -PORTION OF THE F. RE -°4'�10:' •� SUFFOLK COUNTY_TAX MAP IS 'PROHIBIIED LIGHT •S - - IWITHOUT WRITTEN PERMISSION OF THE '^ REAL PROPERTY TAX SERVICE 'AGENCY PARK_--- i Revisions evisi ns 'KEY MAP ' „ - N � C G2 ?.,QFFie � r21,Wl ,974; - - - - OG9 0701 OTI 20C. ° - - 20�.0'�0 Real Property , 626 - _ o;s 078, 079 scA - •' 1Lt) H. Russell! t ----- /976_1 10 12A d ' - ORG, Ot37 O68 1� ;t.ij %? tit�errea • r .. 1 i _ NIC -"-1—� 1 r� .� �n,•,liUl 1 i �i'•'\F1. .'r IJ. �. - __ jam. '.,.�F- rX1� f?rt/.�'T/G�c/ OF Q�C TL/i✓E O� l/:fifiril� �E�/� � ,