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HomeMy WebLinkAbout2545 -.: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 Of 177 P Z®►vl n.6 go�� � ,d A 4� � � ys oc.4a .-X I l pP� 13e4t. Vr��. �•, c B h o ew 6 11 79 T''1 2` i,n J3 0® f.j a xpparjs Q pp44 Q I<<e �O$l Arl C 4a \/Af� 3 *4')�4 +6 ps 6 so lb� al �1s�i Sww pvV i v� s+o�, a�4 11 C`pobvat 1 .w�tiY pad A k Cowr► �4nn� �� 1' Cow.,�..� � i�J �ho�,tti � pno�o d4�i asbVi . U.-Ow Wt VI fo N"-TN 1 6 w VI 2 A cde-Q 6171 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. • . r 0. a &4" pTi ��& 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. 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