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-.:TOWN OF"SOUTHOLD, NEW'YORK DATE June '19 7 9
ACTION OF THE ZONING BOARD OF APPEALS
,:Appeal No. 2545 Dated April 18 , 1979
ACTION OF THE ZONING BOARD OF-APPEALS 'OF THE TOWN OF SOUTHOLD
To Virginia Shector Appellant
200 East 16th Street
New York, New York 10003
at a meeting of the Zoning Board of Appeals on May 24 , 1979 the appeal
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
( X).Request for a variance to the Zoning Ordinance
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 :10 P.M. (D.S.T. ) Upon application of Virginia .Shector,
200 East '16th Street, New York, 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 width
and •insufficient area. Location of property: Pine Neck Road,
Southold, New York, bounded on the north by Jockey Creek; east by
Reinhardt; south by Pine Neck Road; west by Norris and Proute.
.2. VARIANCE. By resolution of the Board it was determined that .
(a) Strict application of the Ordinance ("would) (would not) produce practical difficulties or unnecessary
hardship because
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) (would not)
change the character of the district because
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 46rman
ROVED
ZONING BOARD OF APPEALS
FORM ZB4
o r of App `I�
_,..r.�t;a.s,�a',.,:x _xra:tiH:*..xr.r...:a...rrz a:��4r.^r*Y',;.�r<haw:.�.:dF: •,�a:.. c.:..r.r,+P': rFae,,. .,.x,,,-.,f.-,ey, s..,,"-".-�,.we,-tr~:.ao:-._-.�,-.x�-:,D�da �......,,-.,..,—.--...,......�.+as...,-�.
After investigation and inspection the Board finds that the
applicant is the owner of a parcel of land containing 1. 2 acres.
The proposal is to create a lot containing approximately 20,.000
square feet fronting on Pine Neck Road and the remaining parcel
fronting on Jockey Creek which contains a two-story, frame dwelling
will contain approximately 25 ,000 square feet. To the east of this
property there are numerous small, undersized lots. . To the west
there are approximately 16 undersized lots. 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 the 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.
On motion by Mr. Grigonis, seconded by Mr: Douglass, it was
RESOLVED, .that Virginia Shector,` 200 East 16th Street, New York,
New York, be GRANTED permission to divide property with insufficient
. width and insufficient area as requested. Location of property: Pine
Neck Road, Southold, New York, bounded on the north by Jockey Creek;
east by Reinhardt; south by Pine Neck Road; west by Norris and Prout
upon the following conditions:
(1) Applicant will submit a current survey showing her proposed.
division.
(2) Approval of the Suffolk County Planning Commission.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen,
Tuthill and Douglass.
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, pub-
tic hearings will be held by the Zoning Board- of Appeals at the Town
Hall, Main Road, Southold, New York, Thursday, May 24,_ 1979, on the
::following appeals :
7 :45 P.M. (D.S.T. ) Upon application of Thomas and Jacqueline
Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, .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_ dwelling
with insufficient front yard and insufficient .rear yard. Location of
property: Lot No. 28 on Map of Corey Creek Estates, Southold, New
..York.
7 :55 P.M. (D.S.T. ) Upon application .of Elsie Mastrosimone and
`,Richard Kurt Mastrosimone, residing at. Inlet Lane, Greenport, New • . ,
York (Frederick J. Tedeschi, Esq. ) for a variance in accordance with
,;the Zoning Ordinance, Article IlI, Section 100-30 and Bulk Parking
Schedule ..for permission to divide property with insufficient width and
:insufficient area. Location of property: Inlet Lane, Greenport, New
..York, bounded on the north by Clempner, east by Gull Pond; south by
Conant west by Private Road.
8 :10 P.M. (D.S.T. ) Upon application of Virginia Shector, 2.00 East
16th Street, New York, New York, for a variance in -accordance with
the Zoning Ordinance, Article. II.I , Section 100-31 and Bulk Parking
; •Schedule for permission. to divide property with insufficient width and
insufficient. area. Location of property: Pine Neck Road, Southold,
. New York, bounded on the north by Jockey Creek; east by Reinhardt; south
by Pine Neck Road; west by Norris and Prout.
1 _ ,
Sound; east by Leason; south
tty with insufficient width by Private Road; west :by
LEGAL NOTICE pe
NOTICE OF HEARINGS and insufficient area. Loca- West Harbor.
pursuant to Section 267 of tion of property: Inlet Lane, 8:40. P.M. (D.S.T.) Upon
the Town.Law and the provi- - Greenport, New York,bound- application of Olof Nelson, 3 OUNTY OF SUFFOLK. I
' sions of the Amended Bu wn of ed on the north by Clempner, East 85th Street, New York, r ss:
Zone Ordinance of the Town of east by Gull Pond; south by New York, for a variance in TATE OF NEW YORK.
Southold, New York, public Conant; west by Private accordance with Town Law., r
hearing will be held by s at Road. Section 280A for approval of
Zoning,Board of Appeals 8:10 P.M. (D.S.T.) Uno1► Access.Location of property: Y. . . .Troy. .Gnstayso.n . . . . . . . . . . . . . . being duly Sworn.
app cation VirgTinia Shec- Fishers Island, New York,
the -Town Hall, Mani Road, ew, ,ys that . .ha . . , is Printer and Publisher of the SUFFOLK
Southold, New York, Thurs; as tee bounded on the north by Fish-
on the east by
day, .May 24, _ or , ew or , or a vary ers Island Sound; private EEKLY TIMES, a newspaper published at Greenport. in said
following appeals: ance in accordance with the Leason; south by.
7:45 P.M. (D-S.T.) Upon Zoning Ordinance,Article III, Road; west by West Harbor. ;
application of Thomas and Section 100-31 and Bulk Park- 8:50 P.M., (D.S.TJ upon anty;and that the notice. of which the&iuexed is �a printed
Jacqueline Occhiogrosso, 77 ing Schedule for permission to application_ of Puerto Verde
Vanderbilt Boulevard; Oak- divide property with insuffic- Restaurant and Stirling Har- ' )y, has been published in the said Suffolk Weekly Times
dale, New York, for a var- Tent width and insufficient bor Marina, Manhanset Ave-
- area. Location of property: nue, Green New York, a in each week. far . . . . . . . . . . . . . . . . . weeks
iance in accordance with the as agent) one • • • • • . .
Zoning Ordinance,Article III, pine Neck Road, Southold, . (Robert Ketcham, 1]th
Section 100-31 and Bulk Park- New, York; bounded on the for a special exception in ac- �essivel commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . .
ing Schedule for permission to north by Jockey Creek; east cordance with the Zoning Or- y��ay g
construct a dwelling with in- by Reinhardt; south by Pine dinance, Article III, Section of
100-30 C 6 F. Location of 1
sufficient front yard and msuf- Neck Road; west by Norris Main Road'(State
ficient rear yard. Location of and Prout. property' d New
• • • • • • • • • • • • • • • • •14• • • • • • • • • • • •
property:Lot No.28 on Map of 8:25 P.M. JD-S.T.) Upon Road 25), Greedon the
Corey Creek Estates, South- application-of--Olof Nelson, 3 York,bounded on the north by �rn to before me this .� .
old,New York. East 85th Street, New York, Long Island Sound; east by _
7:55 P.M. (D.S.T.) Upon. New York, for a variance in King and Abadiotakis; south ;of . . . . . . . . . !.�. r"I. 19. J
application of Elsie Mastro- accordance with the Zoning by Main Road (State Road
simone and Richard Kurt Ordinance,Article III,Section 25)- west by Rath. • . • • • • . . • • • • •
100-31 and Bulk Parking Dated: May 14,1979 d' ' ' � Z ' ' ' '
Mastrosimone,residing at In-
- ,,� �•
let Lane, Greenport, Schedule for permission to BY ORDER OF +• • • • • • ,
York (Frederick J. Tedeschi, build a house with insufficient THE SOUTHOLD TOWN y 1�o/
York for a variance in
T accord- front yard setback. Location BOARD OF APPEALS
Esq.ance with the Zoning Ordin- of property: Fishers Island, 1TM17-3220 , NAT90 ' nC1".T.-RSS
ance, Article III, Section 100- New Y orx, bounded on the "' p1p a I��Y P'T T.T,.:. ;.:iss,v YQrIe
30 and Bulk Parking Schedule north by Fishers Island a ° Residing in Su )lk County
for.permission to divide pro- _ -.--- - CU, No. 52-60isf 5
ConnAsdoxi Pea MOZ�.M�
- - Y
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267ofthe COUNTY OF SUFFOLK
i ss:
Town Law and the p i9 isions of STATE OF NEW YORK
the Amended Buii"ding Zone
Ordinance of the 'Town,. of N
Southold, New York, public
hearings will be held by'the Patricia Wood, being duly sworn, says that she is the
Zoning Board of Appeals at the Town Hall, Main Road;South M Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
old,New.York,Thursday, May a public newspaper printed at Southold, in Suffolk County;
24, 1979, ion the following
appeals: . and that the notice of which the annexed is a printed copy,
7: cati (D.S.T.) Upon
applicationn of Thomas and has been published in said Long I land Traveler-Watch-
Jacqueline Occhiogrosso, 77- 1 man once each week for weeks
........................................
Vanderbilt.Boulevard, Oak-
dale,.New York;.for a variance successively, commencing on the
in accordance with the Zoning _
Ordinance, Article III, Section day of. ..... . ...... . ......................
100-31 and Bulk Parking Sche-
dule for permission toconstruct
a •dwelling with insufficient
front yard and insufficient rear "' ............•••• •••••• ............
yard.Location of,property:Lot
No.28 on Map of Corey.Creek
Estates, Southold, New York.
7:55 P.M. (D.S.T-) Upon l
application of Elsie Mastrosi Sworn to before me this ................... day of
mone andRichard Kurt Mastro-
simone,residing at Inlet Lane, 19.... 7
-Greenport, New York (Fred-
erick J. Tedeschi; Esq.) for a
variance in accordance with the ,.
Zoning Ordinance, Article III,
Section 100-30 and Bulk Park-
ing Schedule for.permission to ••-•••••••••••••-•••• •••-•••• •• ••• . fit ,........._.
divide property with •insuffi= Notar ublic
cient width and .insufficient CLEMENT 3;THOMPSON
area.Location of property:Inlet _0 ARY.PUBLIC, State of New York
Lane, Greenport, New York, No. 52-9321725
bounded on the north by Residing in Suffolk County
Clempner, east by Gull Pond; Commission Expires March 30, 1980
south by Conant; west .by
Private Road.
8:10 P.M. (D.S.T.) Upon .
application of Virginia Shector,
200 East 16th Street,NewY ork,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Parking Sche-
dule for permission to divide
property with insufficient width
and insufficient area. Location
of property: Pine Neck Road,
Southold, New York, bounded
on the north by Jockey Creek;
II east by Reinhardt; south by
Pine Neck Road;west by Norris
and Prout.
8:25 P.M. (D.S.T.) Upon
application of Olof Nelson, 3
East 85th Street, New York,
New York, for a variance in
accordance with the Zoning
Ordinance, Article-I1I, Section
100-31 and Bulk Parking Sche-
dule for permission to build a
house with insufficient front
yard setback. Location of
property: Fishers Island, New
York,bounded on the north by
-r»tcrrlaYzmd-Sauiid�east by
Leason;south by Private Road;
west by West Harbor.
,8:40'P.,M. (D.S.T.) Upon
application of,Olof Nelson,'3
East 85th, Street, New York,
New York, for a variance in
accordance with"Town Law,
Section 280A for approval of
Access. Location of property:
Fishers Island, New York,
bounded on the north -by
Fishers Island Sound; east by
Leason;south by Private Road;
west by West Harbor.
8:50 P.M. (D.S.T.) Upon
application of Puerto Verde
Restaurant and Stirling Harbor
Marina, Manhanset Avenue,
Greenport,New York, (Robert
i Ketcham,as agent)for a special
exception in accordance with
the•Zoning Ordinance, Article
III, Section 100-30 C 6 F.
Location of property: Main
Road (State Road 25), Green-
., `1FOR1Vx�NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT _
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
Pik7File No. .............................:.................................. Date ................... ....... .................. 19
.0 00 C 14 S r- 'A fl-
........... ......... ................................................
/\/, t✓ ioY?K O TY N `� 1 0003
...................................................... .........PP..... .....
PLEASE TAKE NOTICE that ..our application dated . �- �.... 197
for permit tone ...,off.. . .at the remises located at .................................... .
p c _....................� Y... p
3oz S T-INF k.Gt
.... ...�Tz.�1t1�......... Street SoUTtt
................................... ... ..........
Map .............. ................ Block ............................................ Lot ................................................ is
.: .::.. returned herewith and disapproved on the following grounds ............ ............
/n/ V FF Cc c n/r
...................t/ ...............4........... ..................................................................................:..........
.............................:.......................:...............................................................................................................
................................................................................................................................................................
......................... .. ...P......................
Building
Inspector
A/ - J 6Cle i� `r e R E-r/
,� ,�� �nV 4r � � r�
TOWN OF SOUTHOL'D, NEW YORK
APPEAL FROM,, DECISION OF BUILDING INSPECTOR, APPEAL NO.
DATE. AP.r l„18 ,, 19 7 9
TO THE ZON I NG BOARD OF APPEALS, TOWN, 0 F SOUTHOLD, N. Y. •.
1, ( )
....V.iz.g.a.na.a..Shsntes........................of .2A.0...Eaat...].b.th.. Stxe.Q"t...........................
Name of Appellant Street and Number ,
......,,.,,,New. York N.Y. 1000,3....HEREBY. APPEAL TO
.... ..............................................................
Municipality to
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED .. c. Z.F.7 11,
WHEREBY THE BUILDING INSPECTOR DENIED TO
.............Virginia Shecter........permit.....................
.. .. ... .. .. ..
Name o..f Applicant. . .. .. . ..f.o.r
of N w Y rk 10003
xe. .........New...XQ�l�........p.......4...............................
Street and Number Municipality State
( X) PERMIT TO USE
( . ) PERMIT FOR OCCUPANCY ,
1. LOCATION-.OF THE PROPERTY ..:3,025...P.ine Neck Road.,...Southold
Street Use District on Zoning Map
Residential
Map No. Lot No.
Zone A
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.)
Art III, 100-3 ' Bulk Areal Sch6dij e
3. TYPE OF APPEAL Appeal is made herewith for
-'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. Lows
Art. 16 Sec. 280A Subsection 3 .
4. PREVIOUS APPEAL A previous appeal (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
andwas made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the';reason that property adjacent and in the general area have
the same dimensions as those reciuested and will not detract from the
asthetic or economic. values of the community. Further, the cleaning
up of the brush. will add to. .the general appearance of area. .
Form ZB1 (Continue on other side)
REASON FOR APPEAL a Continued r
1. .. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary!H'ARDSHIP because my lot is more land than I need- or can care for in
an appropriate manner for a residential area.. Thd area.- around -the
existing dwelling is grass. ° The road 03ea is overgrown, thick, 'un-
sightly and.. invites -littering Many other .properties 'with..•equal.
footage have, plots on both` the' water and road" sides:`with
itYi private
access drives. As situated, I have over 350 ' of driveway .to the....
existing house. = 1-f'.I can divide the-property I .propose: keePing
this footage and using it as dual access for .the road and water
dwelfiings Thi a' will :enhance. .thd.-p.roperty.,with�;a greater, width,. . . :.
of groomed land. Sed attached diagram.
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 all other lots in this
residential ,-area -are well. 'groomed.and maintained. The roadside
portion of. property is wooded" unkempt and invites "littering.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because other lots' adjacent and in the `area
are of a similar size. The `area will bei ,well kept with"respect
to the `grounds `and an appropriate. dwelling would continue `the
existing orderly character of this`' attractive 'ne' ghborhood.
STATE OF NEW,,Y//ORK )
COUNTYr'OF;4V ./ i�i) ss.'. ;..T. Signature.
t l... day of &[ILL..:. .: . ' . .. . . 19 .
Sworn to this ..... ............ ................ y .. 7
�'` E EI
..............................Notary Public..... .... .:il'. ..:; \iNOTPRY PUfLIG �;;,NGO)C p,p4 ,ru;,"
i No. 4_f.11523!�'•
Qualified in
Fern Expires
M ]
U-) An S00h®Id Town B®ard ®f A als
SOUTHOLD, L. Lp N. Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
ROBERT W.GILLISPIE,JR.,CHAIRMAN
CHARLES GRIGONIS,JR.
`rb-ERGE DOYEN,JR. August 6, 1979 _
TERRY TUTH ILL
ROBERT J.DOUGLASS
Mrs. Virginia Shector
200 East 16th Street
New. York, New York 10003
Re: Appeal No. 2545
Dear Mrs. Shector:
This will acknowledge receipt of your letter of August 1,
1979, concerning the above--captioned appeal. We received the
copy of your current survey on June 18, 1979, and we have re
cevied the Suffolk County Planning Department approval which
completes the conditions imposed on your variance.
Accordingly, you may divide your property whenever you
wish in accordance with the variance.
We are sorry for any inconvenience that this may have
caused you. If we can be of any further help, please do not
hesitate to contact us.
You truly,
Babette C. Conroy /
Secretary
bcc
1 eo shecter
200 east 16th street, new york, n. y. 10003 • spring 7-0341
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COMMISSION
Seth A. Hubbard 1 CDW
Chairnn �p f
'f Lee E. Koppelman
Director of Planning
Suffolk County Department of-PIan.niu.g
JOHN V.N. KLEIN. County Executive
Veterans Memorial Highway Hauppauge, L. L, N. Y. 11787'
979-291a
Town of Southold June 14, 1979
Board of Appeals
Pursuant- to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered. to be a matter for local determination. A decision of
local determination should not be construed as. either an approval or a disapproval.
Applicant Municipal File Number
Virginia Shector 2545
Elsie & Richard Mastrosimone 2546
Olof Nelson 2549
Puerto Verde Restaurant & Sterling Harbor Marina 2550
Very truly yours,
Lee E. Koppelman
Director of Planning
� l
GGN:jk bY
CHIEF PLANNER
leonard specter
.20® east 16th street, new york, n. y. 10003 777-0341
,s/7V
A. • .
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Ato�tj dz-,:Ze.rofa �°�
l _
TOWN CLERK 765-3783
Building Dept.
Planning
Boardof A 7 6 7651809
ppeals
� T
TOWN OF SOUTHOLD
py�• O� TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m,
the . . . . Snard. of.Appeals. . . . . . . . . . . . . . of the town of. . .Southold . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Virginia Sheetor
................ Amendment to the zoning ordinance 200 East 16th Street
................ Zoning changes New York, New York 10003
................ Special permits Appeal NO. 2545
........X..... Variances
Location of affected land: ..X/S...Pine... ..Yoxk......1.19.7.1..............
within 500 feet of: (check one or more)
........ ...... Town or village boundary line,or shore line
................ State or county road,parkway or expressway
................ State or county park or recreation area
................ 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: Applicant was granted permission to divide a parcel containing
1.2 acres into two parcels. The parcel abutting Jockey Creek presently
has a dwelling on it. The newly created parcel on Pine Neck Road will
be used in the future as 'a residence for the�,applicant.
I�a.y ,
Date: ......... ........25............1979.....................
.....................................................:..........................
(signed)
Chairman ! '
................................................................................
Title 1
4
Date received by Suffolk County Planning Commission ..........................................
File No. ................................
K
JUDITH T.TERRY TELEPHONE
TONN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I.,.N. Y. 11971
April 20, 1979
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No.. 2545, application of Virginia
Shecter for a variance. Alos included are noti.fi.cation to adjoining property
owners as follows: William G. Norris, Pine Neck. Road,' Sou'tho,ld, N.Y. ;
Clara Prout, 107 Greenacres A.ve. , White Plains, N.Y. 10606; P. Reinhardt, )
Pine Neck Road, Southold, N.Y. 11971.
I
udith. T. Ter
JTT/bn Town Clerk.
cc: file
Enc./
Southold. Town Board of Appeals -20- February 2, 1978
After .investigation and inspection, the Board finds that the
applicants request permission to construct dwelling with insuffi-
cient front yard setback, northeast side Sleepy Hollow Lane,
Southold, New York. The findings of the Board are that the appli"
cant has a definite hardship by reason of the Tidal Wetlands Act
as well as the curve of the road in this area and the. unusual shape
of the lot.
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,
i properties alike in the im?aed ate vicinity of this }property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe . tbe spirit of
the Ordinance.
On motion by Mr. Maimone, seconded by Mr. Grigonis, it was
RESOLVED, Carlton T. and Marion G. Latham, 235 Oaklawn Avenue,
Southold, New York, be GRANTED permission to construct dwelling
with insufficient front yard setback, northeast side Sleepy Hollow
Lane; Lot ll, .Map of Sleepy Hollow, Southold, New. York, as applied
for.
Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen,
Mai ne. . y
PUBLIC HEARING: Appeal No. 2390 - 8 :45 P.M. (E.S.T.)
upon application of Robert J. Heaney, 1400 Pine Neck, Road, Southold,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-31 and Bulk Schedule for permission to
divide. property with insufficient width and area. and approval of
access. . Location of property: . .North side Pine Neck Road, Southold,
New York, bounded on the north by Jockey Creek; east by H. Barry
and ano. ; south by -Pine Neck Road; west by Wirth.
The Chairman opened the hearing` by reading the application
for a variance, legal notice of hearingp affidavits attesting to
its publication in the official newspapers, and. disapproval from
the Building Inspector.' The Chairman also read statement from the.
Town Clerk that notification by. certified .mail had been made to:
Henry and Ann Barry; 'M. Wirth. Fee paid - $15A0.
THE CHAIRMAN: The applicant is the owner of a lot which is
indicated on the County survey as having dimensions of approximately
445 ' on the east and 4051 , approximately, on the west. Lot #38 on'
Pine Neck Road, on the north side of the road. It appears to be on.
the order of 30, 000 to 35,000 sq. ft. in area. The adjoining lots
arer to the east are one acre, 1.1 acre, 1. 2 acres, the next one .
Southold Town Board of Appeals -21- February 2, 1978
appears to be about one acre. Each of these lots adjoining to the
east has 100' frontage. The lot immediately to the west is 99 '
frontage, and there's a small lot with a smaller . lot in back of
it on Jockey Creek Drive. . Three other lots to the west are 'approxi
mately an acre or better. Across the street there's an old develop
ment of approximately 1/3 acre plus. Is there anyone present who
wishes to speak for this application?.
ROBERT HEANEY: I more or less explained everything on the
application. . L'd like to divide it into a little over a half-acre
and quarter-acre plots. I have about 33,000 sq. ft. and for some .
reason, I don't know why, I only have 75' and all the others have
100 ' but I 'm the only one that's smaller. My map that I got from
Van Tuyl has something to say about 25 ' immediately to the west. . . .
THE CHAIRMAN: . A little louder, I can't . . . what did you say
about 25' ?
ROBERT HEANEY: I can show this to you.
(The Board and Mr. Heaney discussed the map of the property. )
THE CHAIRMAN: Is this Wirth next to you on the west?
ROBERT HEANEY: Wirth is next to me on the west, yes. All of
these adjoining lots. on the east have, well the two to the east have
two houses on them.
THE CHAIRMAN: The house directly east of you, has -two houses
on it.
ROBERT HEANEY: Right, and Albertson has, too. Then as you
get closer to .Oaklawn Avenue, those lots are divided and have one
on the water and one on the road.
THE CHAIRMAN: Is there anyone else who wishes to speak for
this application?
(There was no response.)
Is there anyone who wishes to speak against this application?
(There was no response. )
I have a letter here signed by Henry F. Barry, who is now in
St. Petersberg, Florida, to the Board of Appeals :
(The Chairman read the January 25 , 1978, letter from Mr. Barry
objecting to Mr. Heaney's application as it would establish a
precedent for the area.)
V
Southold Town Board of Appeals -22- February 21 1978
1 believe you said, Mr. Heaney, that Mr. Barry has two houses
on his property, .one of which he leases?
ROBERT HEANEY: One of which he leases, yes.
THE CHAIRMAN: And Mr. Albertson has two, one of which he
leases?
ROBERT HEANEY: I believe he. leases one., I 'm not sure.. - In
response to that letter, first of all his figures were wrong about
how long my property is, he said 420' and it's over 440 ` acccrda.r�g .
to the County map.
THE CHAIRMAN: -Yes', the County map. sahowed 4 4 0` on one side
and 405 ' on the other end .of it.
ROBERT HEANEY.- So his figures are wrong there. Firs. Wirth`s ..
estate has already been divided. if you look at that map, she owns
a series of four lots, and the lot immediate adjoining mine is
divided into two.
THE CHAIRMAN: Apparently that was done some time ago. Since
1971, the lot size in the Town of Southold has been increased to
40,000 sq. ft. and, while occasionally the Board has granted relief; ,
I think in this particular case we would be reluctant to do so
because we would be creating a .precedent which would apply to 15
or 20 lots here, one or two of which already have rentals on them
or have two houses on them. We would prefer not to break this up
and add to the additional impact on the water supply. The whole
.theory of 40,000 sq. ft. zoning is based on the water supply .avail--
able in the Town of Southold. The creation here of two lots on
your property, which you bought knowing that it was 40,,000 sq. ft. ,
at the time you bought the property it was 40,000 sq. ft. , would be
adverse to the future- of the Town and I think that the Board should
deny it for those reasons. To grant the applicant' s request would
be to create two undersized lots and set a precedent for an additional ,
15 or 20 undersized lots in the area immediately north of Pine Neck
Road and adjoining the applicant's property.
R013ERT HEANEY: The property on the south, as you noted, is
only third-acre.
THE CHAIRMAN: We can't correct the mistakes of . the past.
ROBERT HEANEY: To the south.
THE CHAIRMAN: The south, yes, across the street. Those were
done, I believe, when we had a 12 ,500 sq. ft. minimum. Some of those.
were a little undersized even for then. For this Board to suggest,
the possibility of an additional 15. or 20 applications I think woul+�.
be entirely wrong. So for those reasons I will offer a resolution
denying this application.
Southold Town Board of Appeals -23 February 2 , 1978
After investigation and inspection, the Board finds that the
applicant requests permission to divide property with insufficient
width and area and approval .of access, north side Pine. Neck Road,
Southold, New York. The findings of the Board are that the
creation of two lots on this property would be. adverse to t e
future of the Town, and would sot a precedent for an additional
15 or 20 undersized lots in the area immediately north of Pine
Neck Road.
The Board finds that strict application of the Ordinance ..
would not produce practical difficulties or unnecessary hardship
the hardship created .is not unique and would be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will change the
character of the neighborhood, and will not observe the spirit
of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Maimone, it was
RESOLVED, Robert J. Heaney, 1400 Pine Neck Road, . Southold,
New York, be DENIED permission to divide property with insuffi-
cient width and area and approval of access, north. side Pine Neck
Road, Southold, New York.
Vote of the Board: Ayes : - Messrs: Gillispie, Grigonis, Doyen,
Maimone.
PUBLIC HEARING: 9 :05 P.M. - Resumed hearing on Appeal No.
2387 , James J. Murphy.
THE CHAIRMAN: We will re-open the recessed Murphy -hearing. ,
RICHARD LARK, ESQ. : . Mr. Chairman, on behalf of Mr. Murphy,
we met outside at the request of the Chairman with all of the other
owners, Mr. Molony, the four people who own the former Kelly resi-
dence, and Mr. Wagenbrenner. Everybody is in concert now with Mr.
Murphy's application with the following amendment which will have
to be formally made to the Building Inspector when he formally
applies for his building permit if the Board does grant him a
special exception and that is to eliminate the 4 ' on the easterly
side of the proposed dwelling and place it on the westerly side.
It means a shifting over of 4 ' and internally, which doesn't con-
cern this Board, Mr. Murphy has also agreed to flip-flop the layout
of the proposed dwelling wherein the dining room and kitchen would
be on the westerly wall and the bedrooms on the easterly wall.
Everybody is in concert on that and the four property owners, as
I understand it, are all in' agreement with his application now.
I have notated on Exhibit 7 the 4 ' adding onto the west with a
4 ' plus and a 4 ' minus on the foundation. Mr. Daly's here, Mr.
J
t
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Virginia Silecter j NOTICE
to the Board of Appeals of the Town of Southold
TO: William G. Norris
Pine Neck Road
Southold, New York 11971
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals 4f the Town of Southold
to request a (Variance) (5�:�;�..Eyrpption) (Spit) (the following relief: divide the
property with Pine -Neck Road side becoming 100' by 2001
2. That the property which is the subject of the Petition is located adjacent to your property and is desl
cribed as follows: 3025 Pine Neck :Road, Southold, New York, N. - Jockey Creek,
E. Reinhardt:,S. - Pine Road, W. - Prout, Norris,'
3. That the property which is the subject of such Petition is located in the following zoning district:
Zone, A
4. That by such Petition, the undersigned will request the following relief: divide the
property with Pine Neck Road side becoming 100' by 2001 . W
5. Thuthe pr ion f th So th ld own Z i applicable to the relief sought by the under-
signed are: t. $J. -0-- l bu�k area ` 'e e�d'°u` e.
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: &ZZZ,
"Petitioner Z4 Virginia: she`cter i,
Post Office Addrecc.
kd0._ Easy 16th."Street
'Nevn York, New York- 10a0 0 3
4J
PROOF OF MAILING OF NOTICE
NAME ADDRESS
UjILLI N� 6. IVdtzRk5 PjW NEuc Ro��
So wrN o 1--D . q.%J, 11171
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
V1041K/,A YHSC-I e- , residingat Z. pO EA41'
_ /Y.x 100703 , being duly sworn, deposes and says that on the /9 day
of A-apr•I W , 19 71 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 curt nt assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice atei+ A„rK ;that said Notices were mailed to each of said persons by
(certified) (ragi6#ere�) mail.
t_
Sworn before me this'�_
day of . 19
a.
Notary Public
SQL FEINGOLD
NOTARY PUBLIC, STATE OF NEW YORK
No. 41-1182350 —
Qualified in Queens County
Term Expires March 30, 19 '
J ,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
Virginia Shecter NOTICE
to the Board of Appeals of the Town of Southold
TO: Clara Prout
107 Greenacres Avenue
White Plains, New York 10606
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) ('rye_•—' Egeee !:) ( ' wit) (the following relief: divide the
.property with Pine Necic Road side becoming 100' 'by ,200 '
2. That the progrtghich is the subject of the Petition is located adjacent to your roperty and is des-
cribed as follows. 30z5 YP:ine .Neck Road, Southold, New York, N. - Jockey. Creek,
E. - Reinhardt,,S. - P.ine Road, .W. .- Prout, Norris. .
3. That the property which is the subject of such Petition is located in the following zoning district:
Zone .A
4. That by such Petition, the undersigned will request the following relief: divide the
property with Pine Neck, Road side becoming 100' by 200' . .
5. That the provisions of the Southold Town Zonin Code a plicable to the relief sought by the under-
signed are: Art. III, 100.-�31 Bulk Area Scghedu1
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-Mattituc k 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':
Petitioner Arginia Sheeter
Post Office Address
200 Emit 16th Street
New Yo , New York 10003
PROOF OF MAILING OF NOTICE
NAME ADDRESS
C LA&h P e O yr 07 (a Met n AG"s Avg ,
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
Vok4j NIA SW EGTeQ residing at "0 C-AJT 1-6 Si. N44A✓)���
1 0 63 being duly sworn, deposes and says that on the /Z day
of 40e. 1 , 19 , deponent mailed a true copy of the Notice set forth on the re-
verse si..ie 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 curre�aassess ent roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at __ �tf ;that said Notices were mailed to each of said persons by
(certified) (regigreM�d) mail.
Sworn to before me this
day of , 19
040���
Notary Public
-- SOL FENGOLD
NOTARY PUBLIC, STATE OF NEW YORK
No. 41-1182350
Qualified in Queens County
Terse Expires March 30, 19 /��/
y
BOARD OF APPEALS, TOWN OF SOUTHOLD'
In the Matter of the Petition of
Virginia Shecter NOTICE
to the Board of Appeals of the Town of Southold
TO: P.. Reinhardt
Southold, New York 11971
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) ( n) (SPA) (the following relief: divide the
property with Pine Neck Road side becoming 100' by 200'
2. That the property which is the subject of the Pet•tio' s located d'a ent your ro ert a d is es-
cribed as follows: 3025 Pine Neck Road, Sout�.o�c�, Newc�r�k, - oc�se free` ,
E. — Reinhardt, S. — Pine Roadf, W. Prout, Norris.
3. That the property which is the subject of such Petition is located in the following zoning district:
Zone A
4. That by such Petition, the undersigned will request the following relief: divide the
,property with,_ .Pine Neck Road side becoming 100' by'.200' .
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art. :III, 100-31 Bulk Area Schedule.
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:
Petitioner Airginia Shecter
Post Office Address
200 East- 16th Street
New Yolt, New .York ' 10003
� r
t
PROOF OF MAILING OF NOTICE
NAME ADDRESS
rot Hrck Q 0Ab
Sv�r�ly a kl ty•y. 7
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
V12 e1 N1 A SKECAE -----, residing at 7.00 E.4 ��•� 0140YOR ,
Y.Y. t O D V , being duly sworn, deposes and says that on the 17 day
of gpse I 1 , 19 �, 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 currept assess ent roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at C C4 « ;that said Notices were mailed to each of said persons by
(certified) (rid) mail.
Sworn to bef9re me this .
day of v2- ) 19.
Notary Public
- sqCf. FEINGOLD
NoTTRY PUBLIC, 7TEYE OF NEON. YORK
No. P.1-1182350-
P Qualified ir, Ouee- Co cnf'
Term Expires March 3B, 1
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