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TOWN OF SOUTHOLD, NEW YORK DATE Feb- 2 7, 1979
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No.. ~- 2 516 Dated January 11, 19 7 9
ACTION OF THE ZONING BOARD OF APPEALS OF THE.TOWN OF SOUTHOLD
To Susan H. •Terry Edith M. Terry Appellant
c/o Eastern Suffolk Nursing Home Jockey Creek Drive --
Greenport,, New York 11944 Southold, New York 11971.
(Richard F. Lark, Esq.
at a meeting of the Zoning Board of Appeals on February 8 , 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 $ :4 0 P.M. (E.S.T e ) Upon application of Susan ''H. Terry',
c/o Eastern Suffolk Nursing Home., Greenport, New York, and Edith M.
Terry, • residing at Jockey Creek Drive, Southold, New York, (Richard
F. Lark, Esq. ) . for a variance in accordance with the Zoning Ordin_
ance, Article III, Section 100-30A for permission to use property
for business and professional offices. Location of property: Main
Road (State' Road 25) - Southold, New York' bounded on the north- by
Christian Science Society; east by Christian Science .Society; south
by Jockey Creek Drive; west by Main Road (State Road 25) .
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
ri' i t y u ZONING BOARD OF APPEALS
FORM ZB4
\
Chairman ppea
,
Y
4 ♦ y .:t''yY f
After investigation,' inspection and public hearing,, the Board
has determined that the' applicant's are the owners of a. deteriorated
four, shingled cottage which was moved to the present location in
1937 at roadside on the original family farm on the southeasterly
side of Route 25 , the main road, entering the hamelt of Southold
from the west in an area which was largely agricultural and residen-
tial at the outset of: zoning in 1957 , and was zoned A residential at
that time. The applicants ' lot now consists of - approximately 28 , 000
square feet or 2/3 of an acre with 150 feet of frontage on Route 25
and 215 feet on Jockey Creek Drive.
The lot adjoining to the north .and east is owned by the Christian.
Science Church while two street form the other boundaries of .the
applicants ' property. Directly across Jockey Creek Drive is an area
bordering .Route 25 which is zoned "C" industrial and is presently
occupied by a hardware store and a marina where boats are offered -for
sale and displayed at roadside. A few feet from the marina, Route 25
is intersected across the street by Ackerly Pond. Lane. The existence
of businesses in close proximity to the applicant' s residentially zoned .
property as well as the increasing traffic conditions and the fact
that the property is surrounded, on two sides by. church property .have
contributed to the extreme difficulty in attempting to sell . or rent
for residential purposes.' Applicants ' attempts to sell -or' rent via
local brokers have been without success over a two year period.
William B. Smith appraises the property at $29,500. 00 "as is" and
$43 ,500.00 if zoned for business. - To 'put the cottage in a livable
condition would require improvements estimated to cost about $20,000 . 00
and require a monthly rental payment of $250.00 merely to cover taxes,
interest and carrying charges according to the Southold Savings Bank
with no " return -on principal or interest. This compares with a .possible
rental return of an estimated $175. 00 to , $200 . 00 per month for a four
room cottage. A fair return for the property seems unattainable when
used for residential purposes as zoned. .. , Brokers testified that they.
were unable to elicit any interest for residential use. Under these
circumstances the applicants sought a change of zone recommendation
from the Planning Board; however the Planning Board suggests a limited
business use, limited to general or professional office use.
As a buffer between several different uses of nearby property, a
limited use variance emerges as a solution to the problem of relieving
a unique and unusual hardship, where the owners are unable to attain
a fair return, a situation which has developed over the years. and is
certainly not due to any actions of the applicants. Such a use vari-
ance meets with the approval of the Christian Science Church (to whom
the property was offered) as well as neighbors to the east on Jockey
Creek Drive, for whom a zone change is undesirable.
our investigation confirms the fact that the applicants .are unable
to obtain fair market value for their property as zoned for residential
use either by sale . or rental. The hardship is not self-imposed. The
effect is confiscatory and results in severe economic hardship to the
applicants.
Accordingly, we believe in view of these findings and with the
dual purpose of relieving the applicants' situation and establishing
a suitable buffer zone between varying uses of adjacent properties, a
strictly limited use should be permitted.
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that Susan H. Terry, c/o Eastern Suffolk Nursing Home,
Greenport, New York, and Edith M. Terry, Jockey Creek Drive, Southold,
New York, be GRANTED permission to use premises for one general =busi= -
ness office or professional office. Location of property: - Main Road,
Southold, New York, bounded on the north- by Christian Science Society;
y a
Appeal No. 2516 )ruary 8 , 1979
Susan H. Terry and.,, buith-M " Terry
east by Christian Science Society; 'south by Jockey Creek Drive; west
by Main Road (State Road 25) , upon the following conditions:
16 . The above use is. permitted in the B Light Business District;
'Article VI, A.:.permitted uses (2) . All other uses of the. property
either more or- less intensive-are prohibited including all other
light or general business uses or residential uses. Any question
arising from this condition shall. be decided by the :Board of Appeals.
2. No portion 'of the -premises may be used or sublet for pur-
poses other than the intended use of the premises in this action.
3. ' A ten .car parking lot of not less than. 3500 square feet ex-
clusive. of land devoted to entrances from Jockey Creek Drive and Route
25 shall be constructed prior to occupancy Entrances ' shall, be at
leash 50 feet from the intersection of Jockey Creek Drive. and Route
25. Driveway and parking lot surfaces shall be dust free preferably .' ` :
bituminous.. No portion of the parking lot shall be within the- front
yard setback from Route 25 established by the present cottage; how-
ever a portion of the front yard established on. Jockey Creek Drive
may be used if necessary .in determining the location of the parking
lot. No portion of the parking lot shall be closer than. 15 feet to '' .
any lot line.
4. All. surface run-off water. and drainage shall be contained on
the premises. Adequate , drainage. structures will be required, if n,ec-
essary.
5. Before use of the premises may begin, a Certificate of Occu=._
pancy will be necessary from the Building Department in accordance
with Artible XIV, Section 100-144.
6. - Approval of the Suffolk County Planning Commission.
Vote of the .Board.: Ayes: Messrs : Gillispie,' Grigonis,' .Tuthill
and Douglass.
APPI D
aurcA Qoard of Appeal i
777777
t
t, t
Notice of Hearings 2- - February 8 , ;1979
York; bounded on .the north by Long Lsiand 'Railroad; .east by
Krukowski; south by Suter; west by' Adel & Tuthill
8 .25 P.M. (E.S.T. ) Upon application of Alexander `arid Ryck, ' -
Koke,, Youngs. Avenue, Southold, New York,. for a variance in
accordance with Section 280A of the Town Law for recognition.:
of access. Location of property: Coleman Road, Southold, New
-York, bounde on the north by Ognibene and Frankola, east by
d
Schooner Drive; south by Reese; west by Sayre. .
8 :40 P.M. (E.S.T. ).. Upon application of Susan H Terry c/o
L :v
Eastern Suffolk Nursing Home, Greenport, New York, and Edith M.
Terry, residing at Jockey Creek Drive, Southold, New York, .
= (Richard F. Lark, Esq. ) for a variance in accordance with. the ,
Zoning Ordinance, ' Article' III , Section 100-30A for permission ` `
to use ro ert "
p p y for business and professional offices. Location: .
_
of .property: Main, Road, Southold, New York, bounded on the north
1 � by `Christian Science Society; east by Christian Science Society,
south by 'Jockey -Creek Drive;. west by Main Road (State Road 25)
Dated: January 29, 1979
BY .ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PUBLICE ONCE (1) FEBRUARY 1, 1979 and- FORWARD SIX -(6) AFFIDAVITS
OF PUBLICAITION TO THE SOUTHOLD TOWN BOARD OF APPEALS PRIOR` TO
FEBRUARY 8, 1979
Copies mailed to 'the following on January 29, 1979
.Colony Cabinets, Inc.
Frank Dawson
Meyer Rosenberg
Richard L. and Lois. Woodhull
Alexander and Ryck Koke
Richard F. Lark a/c Susan and Edith Terry.
r
Pursuant to Section 267 of +
the Town Law and the l
provisions of the Amended-
Buildin, Zone Ordinance of
,the Town of Southold, New
York, public hearings will be
held by the Zoning Board of
Appeals at the Town Hall, Lois Woodhull, Main Road, I
Main Road, Southold, New Cutchogue, New York f
York, on Thursday, February varior
ance in accordance with
8, 1979. r Seetion 280A of the Town Law
7:40 P.M. (E.S.T.) Upon for recognition of access. F SUFFOLIC.
application of Colony Location of property:
�Cabinets, Inc. (Robert An- Road (State Roadr25) Cut-
Southold, Main NEW YORK, ss
nison, as Agent),North Road,, Road , New York bounded J
New York, for a, on the north b Lon
variance to the Zoning Or Railroad• east'b rukowskia ' ' 'Gu.s tav s on being duly Sworn.
dinance, Article VI, Section south by Suter;west by Adel&
100-60 A for permission tc Tuthill. bO . . , is Printer and Publisher of the SUFFOLK
operate a kitchen cabine 8:25 P.M. (E.S.T.) Upon I
showroom anct workshop application of Alexander and lCIMES, a newspaper published at Greenpart. in said
Location of property: Nord Ryck, Koke Youn
Road (C. R. 27); Southold Southold, New 'York,fora that the.notice. of which the annexed is a printed
New York, bounded on th variance in accordance with
north by North Road (C. li Section 280A of the Town Law been VuhA_,jhed-in the said Suffolk Weekly Times
27); east by North Rod for ecognition of access.
r
Associates; south by Golc Location of �Ch week' for 411.e. . . . . . . . . . . . . . . . . . . . . weeks
smith;west by Klein. j property:
Coleman Road,Southold, New
7-50 P.M. (E.S.T.) UPS York bounded on the north by Yy ®ammencing on the f irs t
application of Frank SuffOl Ognibene and Frankola east . . . . . . . . . . . . . . . . . . . . . . . . . .
Jackson Street, New Suffol by Schooner Drive; south by �bru ry- •
• west by Sayre.
New York, for a variance; Reese
the Zoning Ordinance,,.Artic Yre• . . . . . . .�
III Section 100-31 ..for pi 8:40 P.M. (E.S.T.) U on
amp iication of Susan H. Terry ./ • • • . . . . . • • .
mission to divide property u — e e this
two lots with insufficient ar ` " r.a�iern Sutfo
Home Green ort New York
and frontage. Location, and Edith M.Te' residin
property: Fourth Street, N at oc e reey J
Suffolk, New York, bouni rive,
- o ew or is rd r
on the north if EksterowI Lark Esg ) for a variance / . • • . / • • . . . . . . . .
east by Gandolfi and Dawn in accordance with the Zoning ' U
south by Jackson Street; Ordinance,Article III,Sectio
by Fourth Street. ' 100-30A for permission to use NA Cy �,
8:00 P.M. (E.S.T.) L property for . business and NOTA'lly
application of Meyer professional offices. Location 1' CI I ot�Yana
Gertrude Rosenberg, In ZZesiding in S
of property: Main Road, C� No. Sa�Qa 6s
Neck Lane, Peconic, Southold New York b Commission Etas Pl�r
York, for a variance in on the 'north by Ch stian
cordance with Section 28( Science Society; east b
the Town Law for recogr Christian Science Society
of access. Location south b Jockey y
. 3: - TT „� y ocke Creek rive-
LEGAL NOTICE I
NOTICE OF HEARINGS
' COUNTY OF SUFFOLK
Pursuant.to Section 267 of STATE OF NEW YORK
the `Town Law and'the provi-
sions of the Amended'Buil'ding'I
Zone Ordinance of,th6'T,own of 1
Southold, New York, public"I Patricia Wood, being duly sworn, says that she is the
hearings will be held,by, the
Zoning Board of"Appeals at I Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
the ',Town,'Hall; Main.,Road,
Southold,New,York,on Th'urs a public newspaper printed at Southold, in Suffolk County,
day, February 8, 1979. � and that the notice of which the annexed is a printed copy,
7:40,:P.M. (E.S.T.) Upon
application of Colony Cabi- has been published in said Long Island Traveler-Watch-
nets, Inc. (Robert Annison, as man once each week for
"+ Agent),North Road, Southold', • • ••• ••••• ••••••••••••••••••••• weeks
New York,for a variance to the
Zoning Ordinance, Article VI, successively, commencing on the ...... .................................
Section 106-60 A for permis- -
sion to operate a kitchen day of ..... . ............ ............... 19... .
cabinet :showroo ..m,and work-
shop. Location 'of property: -- - - . •;-
North Road (C.R. 27); South- ....................................................` ..
....old,New York,bounded on the
north by North Road(C.R. 27);
east by' North"Road Asso-
ciates; south' by .Goldsmith;
west by`Klein. Sworn to before me this
7:50 P.M. (E.S.T.) Upon' ........................ day of
application of Frank Dawson',
Jackson Street, New Suffolk, """""'• 19••• ••
New York,for a'variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to-divide property into two lots
with insufficient area and '
frontage.Location of ro ert NotS�'u�flic
P P y Notary
Fourth Street, New Suffolk,
New York, bounded on the
north by Eksterowicz; east by
Gandolfi and Dawson; south
by Jackson Street; west by CLEMENT J. THOs/f?SON
Fourth Street. NOTARY PIVo.L52-9221725 State ot New York
8:00 -P.M. (E.S.T.) 'Upon, Residing in Sulioik County
application of Meyer and Commission Expires MaFG 30, 1980
Gertrude Rosenberg, Indian
Neck Lane, Peconic,, New
York, for a variance in accor-
�' dance with Section 280A of the
Town Law',for recognition.of,
accesg: Location''of property:
Indian' Neck�Lane,'Pecotiic,.
New York, bound ea,
'"on.the
.-north by•Rosenber'g;'east� by
Rust;'.,south by Cohen; west by
Rosenberg.
8:15 P.M. (E.S.T.) Upon
application of Richard L. and
Lois Woodhull, Main Road,
Cutchogue, New York, for a
I variance in accordance with
Section 280A of the Town Law
for recognition„of access.
Location of property: Main
Road (State Road 25), Cutch-
ogue, New York, bounded on
the north by Long Island
Railroad; east by Krukowski;
south by Suter;west by Adel&
Tuthill.
8:25 P.M. (E.S.T.) Upon
application of. Alexander and
Ryck, Koke, Youngs Avenue,
Southold, New York, for a
variance in accordance with
Section 280A of the Town'Law
for recognition of access.
Location of property: Coleman
Road, Southold, New York;.
bounded on the. north by
Ognibene and Frankola, east.
'by Schooner Drive;,south, by
Reese; west by Sayre.
8:40 P.M. -(E.$.T.) Upon
application of Susan H. Terry.
cTo�astern .Suffolk Nursing
ome, reenport,;_ e_w'York,
and Edith M. Terry, residing
1r
at Jockey Creek Drive. out t1i--
old, New York; (Richard F.
Lark, Esq.) for 'a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30A for permission to use
property, for business 'and
professional offices. Location
of 'property: Main Road,
Southold, New York, bounded
on the, north by Christian
,Science Society; east by
Christian- Science Society;"
south by Jockey Creek Drive;
west by Main Road (State
Road 25)'.'
Dated: January. 29, 1979
BY ORDER OF
TI-]E SOUTHOLD TOWN
BOARD OF APPEALS.
1T,2/1/79(769)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. V5)
DATE ........ /,/�..
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
:�x(We) Susan NH.. Terr y / ' Eastern. 6� Suffolk Nursing Home, North Road,........ ...................
ame of'Appellont Street.a.n.d.Numb.e.r Greenport, New York, and Edith M. Terry, residing at Jockey Creek Drive,
Southold, ............ New„York............HEREBY APPEAL TO
......................................................................... ....
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED .Ja ar nuy„8.,..RZ9...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Susan H. Terry and
Ed.ith..M....Terry. .....................................................
.... ..... .. . .. ...
Name of Applicant for permit
35ksusan H. Terry c/o Eastern Suffolk Nursing Home, North Road, Greenport, NY
Edith M. TerY...-..jQek�y.. x�ek..>axius.,..Southold,..Al�w..xark..................................
Street and Number Municipality State
( X) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
main Road
1 LOCATION OF THE PROPERTY Jockey Creek Drive "A'. Residential & Agricultural
.... . ..... ......
S�iffolk Countyy Tax Map: Street Use District on Zoning Map
Dist. Sec. Blk. Lot
1000 70 5 9
.................................................................................
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.)
Article III, Section 100-30A.
3. TYPE OF APPEAL Appeal is made herewith for
(X ) 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 (hiax) (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 texxeasmwcthot permission to utilize the premises owned by your peti-
tioners located on the northerly side of Jockey Creek Drive and the southwesterly
side of the Main Road, Southold, New York, for business and professional offices.
l
��6•G1�lu/��
Form ZB1 (Continue on other side)
r ' 4
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the property which is zoned in an "A" Residential and Agricultural
District cannot be used in conformity with today's existing zoning regulations for this
use district and still yield a reasonable economic return. The premises contain approxi-
mately 28,000 square feet and located thereon is a 40 'year old house,which was built and
used as a summer cottage, with a small garage. Your petitioners have attempted to sell
the property for a couple of years and have been unsuccessful. Petitioners have been
informed by local real estate brokers and lending institutions that the property with
the buildings in today's real estate market does not lend itself to a residential use;
rather, it is salable as a light business use because of its location on the Main Road
and proximity with other business uses such as Ulrich Marine Center and Harts Hardware
& Garden Center which are directly across Jockey Creek Drive; and the First Church of
Christ, Scientist, which are shown on "Map to Accompany Application for a Variance"
which is attached hereto as Exhibit A and on the"Excerpt from Building Zone Map of the
Town of Southold" which is attached hereto as Exhibit B. The neighborhood in this area
along Main Road contains a mixed use in which there are situated a gas station, offices
such as Rausch Brokerage/Insurance Corp. , J. A. Baker Real Estate, the DeFriest Funeral
Home, a Southold School District garage, American Legion building, The First Universa-
list Church and some multi-family residences. See '.'Area Map of West Southold" which is
attached hereto as Exhibit C.
The house has been vacant for several years and has been deteriorating, and due to
its present condition is not suitable as a residence either as owner occupied or as a
rental and it would be prohibitive to renovate the property and derive any economic
return therefrom. It is not salable as an owner occupied one-family residence and
(Continued on attached sheet)
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 due to the property's location it is
singularly affected.:,. .As shown on Exhibits A & C, the property is surrounded on the
west and south by the busy intersection of Main Road and Jockey Creek Drive, and on
the north and east by property of the First Church of Christ, Scientist. The Church
utilizes the rear portion of the property as a parking area and for ingress and ectress
to same off of Jockey Creek Drive. Further, directly across Jockey Creek Drive the land.
is zoned industrial. The point is that the neighboring lands do not share the hard-
ship of your petitioners' property because they are being utilized for business or
church purposes. Due to the proximity to petitioners' property, these neighboring
lands'are in effect contributing to petitioners' hardship in making it extremely
difficult to sell the property as a residential use.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because to utilize thes=premises for a business and pro-
fessional office with an on-premises parking area will not alter the essential!.
character of this neighborhood and would in fact be in conformity with the Compre-
hensive Development Plan of the Town of Southold. Further, the granting of this
variance will not disrupt the existing residential areas of neighboring properties
and would be in keeping with the overall changes that have taken place in this
neighborhood over the years since petitioners owned the property. Originally, this
and the surrounding properties were utilized primarily for agricultural and resi-
dential uses; however, over the years with the increase in population the property
along the Main Road has turned into mixed residantial.i.and. business uses.
Susan H. Terry
STATE OF NEW YORK ) --
ss .. .......�. ..............
COUNTY OF SUFFOLK ) Edith M. Terry Signature
5r
Sworn to this .......... ............................. day of............jaHuaKY.............................. 1979
... :...........
Notary Public
REINSSEL.AER G.TERRY,JR
NOTARY PUBLIC,State of New York
Mo. 52-3954850
Qualified in Suffolk County q c�
Cffmmission Expires March 30, 19F / L
APPEAL TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y.
BY SUSAN H. TERRY and EDITH M. TERRY
REASON FOR APPEAL
1. continued:
since it would cost approximately $20;000.00 to modernize coupled with. : :,.
annual taxes, insurance premiums and maintenance charges, would requ.ire_a.
rental of $250.00 per month to break even on carrying charges alone without
any return on the investment. Real estate agents have indicated to your peti-
tioners that the property could not be rented for this price in....that:.-there are
many other desirable locations in residential neighborhoods where people can
rent at the same or less cost. Your petitioners have made every effort to sell
the property as a residence and have been unsuccessful.
However, your petitioners have been informed and do presently have the
opportunity to sell the property for business and professional office space.
The purchaser states that the existing building can be renovated. for this purpose
and still yield a fair economic return. Your petitioners submit that there is
ample room on the land for adequate off-street parking as shown on the "Plot Plan"
which is attached hereto as Exhibit D. The proposed use would make an attractive
addition to this neighborhood and prevent the property from further deterioration.
Susan H. Terry
r
Edith M. Terry
FIRSTCHURCH OFCHRIST, SCIENTIST
P.O.BOX 907
SOUTHOLD,NEW YORK 11971
March 13, 1979
Board of Appeals,
Town of Southold
Main Road
Southold, New York 11971
Gentlemen:
May we have a copy of the Board' s
determination in the Matter of the
Petition of Susan H. Terry & Edith M.
Terry which came before the Board
recently. We received a notice of the
petition dated January 10th.
Thank you for your prompt considera-
tion of this request.
Cordially yours,
BOARD OF TRUSTEES
dr4��Xzl /Y 1/�
4.1,�
Clerk
(Mrs. Janet G. McLean)
COMMISSION
ot�=-3r-,r,rbt.
Seth A. Hubbard �.
Chairman f r�
Lee E. Koppelman
Director of Planning
tea•
Suffolk County Department of Planning
JOHN V.N. KLEIN,. County Executive
Veterans .41emorial Highway Hauppauge, L. 1., N. Y.
979-2918 11787
February 13, 1979
Town of Southold
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 .
Colony. Cabinets, Inc. 2506
Gary F. Olsen 2510
Frank Dawson 2513 .
Susan Terry & Edith Terry 2516
Very truly yours,
Lee E. Koppeliman
Director of Planning
o ,/ �q
GGN• ,k b .G"CAL
-J Y
CKEF PLANNER
TOWN CLERK 765 3783
Building Dept.
Planning 765-2660
Uf Board of Appeals
ME TOWN OF SOUTHOLD
0 • 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 . . Board of Appeals . . . . . . . . . . . . . . . of the town of. . . . .SouthQ10. . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
Suan Terry
................ Amendment to the zoning ordinance Edith Terry
Southold, New York 11971
................ Zoning changes
................ Special permits Appeal No. 2516
.........X.... Variances
Location of affected land: ...SYS...Maia..Raad...(5.....�,...25,)..,...SOLltklo�d.p...N�w..York...............
within 500 feet of: (check one or more)
................ Town or village boundary line,or shore line
.........X.... 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 given permission to use parcel as a business or
professional office upon the following conditions: parking must be
provided for a minimum of 10 cars on the premises; Parking lot must
be at least 15 feet from any lot line and be black-topped and have
suitable drainage; access will be from both the Main Road and Jockey
Creek Drive. Any change in the use of premises must have prior appro-
Date: ..... ebrIlArY, val of Board of Appeals
................................................................................
(signed) Robert W. Gillispie, Jr.
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission ....................................................................................
FileNo. ................................
REAL ESTATE LICENSED BROKER
William U. Smltfl
YOUR ANCHOR
NORTH ROAD (COUNTY ROAD 27) WATERFRONT PROPERTIES-HOMES
P.O. BOX 146,SOUTHOLD,N.Y. 11971
5 �. LOTS& ACREAGE
16-765-3544
MAIN ROAD&SKUNK LANE THE WOR�U� ESTATE AND COMMERCIAL PROPERTIES
APPRAISING
CUTCHOGUE,N.Y. 11935
516-734-5657
February 3 , 1979
Mr. Raymond W. Terry, Jr.
610 Jockey Creek Drive
Southold, New York 11971
Dear Mr. Terry:
In regard to the appraisal of the corner lot and house at Main
Road and Jockey Creek Drive , Southold, New York, I offer the following:
Value of land, as is $14,000
Value of house , as is 15,500
Total 29,500
Value of land rezoned $26,000
Value of house rezoned 17, 500
Total M,500
Southold Town Assessment as of
February 2 , 1979:
Land $ 1, 500
Land and Buildings 3, 700
The Main Road frontage is 150 feet, but the rear of the property
is 107 feet. My land appraisal is based on 130 foot frontage at $200
per foot. This rezoning at this particular location would, in my esti-
mation, almost double the value of the land .
Very truly yours,
William B. Smith
cc: Mr. Robert Gillispie , Chairman
Southold Town Appeals Board
2
FFo
P D
Z
T D
L T
S a
Southold, N.Y. 11971
JOHN WICKHAM, Chairman TELEPHONE
FRANK S.,COYLE 765-1938
HENRY E. RAYNOR, Jr.
FREDERICK E. GORDON
JAMES WALL January 17, 1979
Mr. Robert Gillispie, Jr. , Chairman
Southold Town Board .of .Appeals =,
Southold, New York 11971 ;' ,
Dear Bob:
The Planning Board would like to bring to .your attention the
fact that at our December 18., 1978 meeting., Richard Lark, Esq..,
and Raymond Terry appeared on .behalf of Susan Terry and Edith M.
Terry proposing a change of zone on the Terry property on the
northeast corner of Main Road and Jockey Creek Drive in Southold
Village.
After considerable discussion, it appeared that it might be
better to seek a variance for-'a specific use rather than a change
of zone on this property. This was recommended by the Planning
Board and Mr. Terry stated that he also felt that this would be
presentable.
We bring to your attention that this property is too small
for business zoning and it is .hemmed in by the church property on
two sides. In addition, we feel that further scatterization of
business on west Main"Street at Southold should be resisted.
For these reasons, we respectfully request-. that the Board of
Appeals give consideration to the. request by Susan Terry and
Edith M. Terry for a variance on this property for business and
professional use.
Yours truly,
ohn Wickham, Chairmar�_
Southold Town Planning Board
JW/mb
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
. C� 0
FileNo. .................. ............. .......................... Date ........................... 19..
Za--m/ �% 7� Y.Q� CvtQ 7� �� �i/Uk7
To ........... ......................................................
W ,
bc
PLEASE TAKE NOTICE that your application dated ................................ . ..........., 19...
for permit to �n�G .......................... ....ot the premises located a ..... �1.:0 11lq^^ '
J."? ... .............. .....v streets
Map .................................... Block ............................................ Lot ...........................,,.��.. ................. is
returgt d herewith and disapproved on the following grounds ..:.. ...... . .` ....! L ............
j1
.liY►....... ........ `........ �t .......lv..,o ......�... .......
............ :........ �!'`....................... ......................6-7 .... .......
ZX
Building Inspector
C'�
..4!e
..............
'S oG �
ir
JUDITH T.TERRY TELEPHONE
TOWN CLERK ,� (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
January 11, 1979
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2516 application of Susan Terry
and Edith Terry for a variance. Also included is notification to adjoining
property owner Christian Science Society, Main Road, P.O. Box 807, Southold,
New York 11971.
Q -Z
,udith T. Terry
Town Clerk
JTT/bn
cc: file
En. c/
1
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD-P. 0. BOX 973
CUTCHOGUE, NEW YORK 11935
TELEPHONE 516 734-6807
January 11, 1979
Mrs. Judith Terry
Southold Town Clerk
Main Road
Southold, NY 11971
RE: Susan H. Terry and Edith M. Terry
Application for Variance
Dear Mrs. Terry:
In connection with the above-captioned matter, I am
enclosing the following:
1. Application for Variance in triplicate.
2. Exhibit A - Map to Accompany Application
for a Variance.
3. Exhibit B - Excerpt from Building Zone Map.
4. Exhibit C - Area Map of West Southold.
5. Exhibit D - Plot Plan.
6. Original Notice to adjoining property owner
with proof of mailing and certified mailing
receipt attached thereto.
7 . Notice of Disapproval of the Building
Inspector dated January 8 , 1979 .
8 . My check payable to the Town of Southold
in the amount of $15. 00.
Kindly place this matter before the Board of Appeals.
It is my understanding that a hearing will be held on
February 8, 1979 .
Very tr ly yours,
chard F. ark
RFL/mld
Enclosures
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
SUSAN H. TERRY & EDITH M. TERRY NOTICE
to the Board of Appeals of the Town of Southold
TO: Christian Science Society
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) (the following relief: to utilize the premises
for business and professional offices.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by Christian Science Society; East by Christian Science Society;
South by Jockey Creek Drive; and West by Main Road (State Route 25) , Southold, Town of
Southold, Suffolk County, New York.
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential and Agricultural District
4. That by such Petition,the undersigned will request the following relief: Permission to utilize
the premises for business and professional offices.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III, Section 100-30A.
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: January 1 Q 1979
Pbtitioner - Susan H. Terry
Post Office Address
c/o Eastern Suffolk Nursing Home
North Road
Greenport, New York 11944
&I J,4 LA
Petitioner - Edith M. Terry
Post Office Address
Jockey. Creek Drive
Southold, New York 11971
PROOF OF MAILING OF NOTICE
NAME ADDRESS
Christian Science Society Main Road — P. 0. Box 807
Southold, NY 11971
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
Mary Lou, Doroski , residing at Peconic Bay Blvd. , Laurel, NY
being duly sworn, deposes and says that on the /d day
of January , 19 79 , 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 current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at Cutchoque, New York ;that said Notices were mailed to each of said persons by
(certified) (date mail.
M r ou Doroski
Sworn to before me this llth
day
of� n January 19
Notary Public BARBARA DIACHUN
)Votary Public, State of New York
No. 52-4635190 Suffolk County
.ornmission Expires March 30, 19 gp
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