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Home My WebLink About2316 • , . • TOWN OF SOUTHOLD, NEW YORE: DATE .DEC. 2 2 , 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2316 Dated December 2 , 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Alexander and Ann Robinson, Jr. Appellant 25 Dairy Road Greenwich, CT at a meeting of the Zoning Board of Appeals on December 22 , 1977 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 10:30 P.M. (E.S .T. ) uponapplication of Alexander and Ann Robinson, Jr. , 25 Dairy Road, Greenwich, Connecticut c/o W. Gordon Ahman, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, Fishers Island, New York, bounded on the north by H. Doroshevich, P. Peishoff, H. Parsons, and West Harbor; east by Sterling Street; south by R. Elwell; west by Montauk Avenue. 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 Inspecjtor ( ) be confirmed ( ) be reversed. SEE REVERSE / Pk�uED , I ILL, _ ZONING BOARD OF APPEALS FORM ZB4 Chairf(an 3Gsr� of Appeals After investigation and inspection, the Board finds that the applicants request permission to divide property with insufficient width, Montauk Avenue, Fishers Island, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicants. 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 this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Alexander and Ann Robinson, Jr. , 25 Dairy Road, Greenwich, Connecticut, be GRANTED permission to divide property with insufficient width, Montauk Avenue, Fishers Island, New York, as applied for. Vote of the Board: Ayes : - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FILED BY THE, SOU 7HOLD TOWN CLERK DATE HOUR /D•�WA14 c01, r own Clerk, Town of Southold Legal Notice -3- Hearings: December 22 , 1977 8 :35 P.M. (E.S .T. ) upon application of Edward and Kathryn iRobedee, 1935 Pine Tree Road, Cutchogue, New York for .a variance in accordance with the Zoning Ordinance, Article III , Section ro 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. . Location of property: east side Pine Tree Road, Cutchogue, New York; Lot 21A and part of Lot 22 , Map of Nassau Farms, Cutchogue, New York. 8 :45 P.m. (E.S .T. ) . upon application of John Xikis, 32-55 Steinway Street, Astoria; New York (Rudolph Bruer, Esq. ) for a special exception in accordance with the Zoning Ordinance; Article VI, Section 100-60 B 1 (b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CR27 ; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiola, and Papantoniou. 9 :00 P.M. (E.S .T. ) upon application of George C. and ' Minnie Baker, 83 Fenway, Rockville Centre, New York for a variance in accordance with the Zoning Ordinance, Article III,. Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yards. Location of property: west side Sylvan Drive, East Marion, New York; Lot 10A, Gardiners Bay Estates, Section II . 9 :15 P.M. (E.S.T. ) upon application of. Alexander and j { Ann Robinson, Jr. , 25 Dairy Road, Greenwich, Connecticut c/o W. Gordon Ahman, Fishers Island, . New York for a variance in accordance with the Zoning Ordinance, Article III, Section I � 100-30 and Bulk .Schedule for permission to divide property with insufficient width. Location of property: . Montauk Avenue, f Fishers Island, New York, bounded on the north by H. Doroshe ch, fI J. Peishoff, H. Parsons, and West Harbor; east by Sterling it +� Street; south by R. Elwell; west. by Montauk Avenue. i I' i Esquirol, Jr., 1350 Lupton Point Road,Mattituck,New.York for a Cvariance in accordance with the Zoning Ordinance, Article III, Section 100732 for permission to construct accessory building in front yard area. Location of property: Lupton Point Road, Mattituck,New York,bounded on i the -north by Right of way, M ,, Kelsey;,east by&. Mason;south LEGAL NOTICE FOLK, 1 . by Deep,Hole Creek;west�by B. � � Notice of Hearings "Mason. YORK, ss� Pursuant to Section 267 of the 1 8:30 P.M. (E.S.T.) upon' ap- Town Law and the-provisions of lication of Jo Ann Talbot, the Amended Building Zone P ;M�N. . . . . . . . . . . . . . . . . being duly Sworn, Ordinance of the Town of Nassau Point Road, Cutchogue; New York for a variance in ac- is Printer and Publisher of the SUFFOLK Southold, New-York, public cordance with the Zoning Or- hearings will be held. by- the . Zoning Board of Appeals at the dinance, Article III, '1 newspaper published at Greenport, in said Town Hall,Main.Road,Southold, 32 for permission to construct New -York, on Thursday, accessory building"in front yard notice, of which the annexed is aprinted I December 22, 1977, on the area. Location of prop erty: east side Nassau Point Road, Cut- dished in the said Suffolk Weekly Times following appeals: - cho ue New York; Lob 2, Map OI1F �:30 �P.M. (E.S.T.) Recessed g .boy" , , , , , , , , . . , . . . . , . , . . . . . weeks • ' of Nassau Point Properties, hearing- upon application of Robert D. .Gray a-c Est. of Cutchogue, New Yorks acing on the . . •FI•FTFF NTH• Elizabeth C. Gray, Fishers 8:35 P.M. (E.S.T.) -upon ap- Island, New York. plication of Edward and Kathryn _,-_`19 7 7:45 P.M. (E.S.T.) upon, ap- Robedee, 1935 Pine Tree Road; plication of Walter and Marilyn Cutchogue, New York for a C z�—. . . . , . . . . • • • , , • , Gatz,Love Lane,Mattituck, New variance in accordance with the Zoning Ordinance, Article III, this^ . . . . . . . ; York. for a variance in _ac- Section 100-30 and Bulk ScheduleCIPOeIrmission -3o and Bulk Schedule for above specified. cordance with the Zoning Or-. for ermission to divide property. to construct dwelling` Dated: December 12 dinance, Article III, Section 100 PBY 30 and Bulk Schedule for per with insufficient width and area:. with insufficient side yards. THE mission to divide propertty.with„ r;Lo�ation ,of.grope;tv;.east.side: ,Location of property: west side TOWN insufficient width and area Pine Tree Road,Cutchogue, New Sylvan Drive,East Marion, New lTD15-2866 L. York-' Lot 21A and part of Lott 22, . York; Lot 10A, Gardiners Bay i Map of Nassau Farms, Estates, Section II. �-- _ --- chogue, New York. 9:15 P.M. (E.S.T.) upon ap- S 8:45 P.M. (E.S.T.) upon ap- plication of Alexander and Ann m York plication of John Xikis, •32-55 Robinson, Jr., 25 Dairy Road, ',Ity Steinway Street, Astoria, New Greenwich, Connecticut c-o W. `0� 19 York(Rudolph Bruer,Esq.) for a Gordon Ahman, Fishers Island, — special exception in accordance New York for a variance in with the Zoning Ordinance, accordance with the Zoning Article VI, Section 100-60 B 1(b) Ordinance, Article.III, Section for permission to construct motel 100-30 and Bulk Schedule for 1 and restaurant. Location of permission to divide property; property: south side CR27, with insufficient width. Location, Greenport, New York, bounded of property: Montauk Avenue,' on the north by CR27; east by J. Fishers Island, New York,' Poliwoda; south by L. Hodor; bounded on the north by H. west -by Cornell, Caiola, .and Doroshevich, J. Peishoff, H. Papantoniou. Parsons, and West Harbor; east 9:00 P.M. (E.S.T.) upon ap- by Sterling Street; south by R. plication of George C.and Minnie Elwell; west by Montauk Baker, 83 Fenway-,. Rockville Avenue. Centre,New York for a variance Any person desiringTo be heard in accordance with the Zoning on the above appeals should Ordinance,=.Article III,_`Section .appears-at'_,the_,'time'.and-.place. - ��— LEGAL NOTICE Notice of Hearings 30 and Bulk. Schedule for COUNTY OF SUFFOLK 5s: l permission to-divide property STATE OF NEW YORK j with insufficient width and area.• Location of property: i, east side Tree Road, . Cutchogue,N ork;.1ot 21A and Hart .of t,22,"1`Iap of ' Sherley Katz, being duly sworn, says that she is an a "Nassau Farms, Cutclii��h"gu"e, - ? Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, m ' New York. a public newspaper printed at Southold, in Suffolk County; 8:45 P.M. (E.S.T.) upon and that the notice of which the annexed is a printed copy, application of John Xikis, 32- 55 Steinway Street, Astoria, has been published in said Long Island Traveler-Watch- New.York, (Rudolph Bruer, . // Esq.)for a special exception in man once each week for .............l.......................... weeks accordance with, the Zoning Ordinance, Article VI, Section successively, commencing on the 1 100-60 B 1(b)for permission to �J construct motel and restaur- day of . .................. ... . ant. Location of property: 19../.. ;,south side CR27, Greenport, New York, bounded on the '- north by CR27; east by J. ............................................................... i Poliwoda; south by L. Hodor; j west by Cornell, Caiola, and Papantoniou. 9:00 P.M. (E.S.T.) upon application of George C. and Sworn to before me this / .. day of Minnie Baker, 83 Fenway, . : Rockville' Centre,New York, 19 /� i orda for a variance in acc nce ............... ........... .. . with the Zoning' Ordinance, 1 Article III, Section 166-30 and t Bulk Schedule for permission s to construct dwelling with insufficientside yards. Loca- ........... .. .. .. r..... ............:........................:.....,.,. lion of property: west side Notary Public t Sylvan Drive; East Marion, New York Lot 10A, Gardiners 30SEPH FENTON Bay Estates, Section.II. NOTARY PUBLIC. State of Neer York 10#-j5 P.M. E.S.T.) .upon No. 52-1195150 app ica ion of Alexander and Qualified in Suffolk County Ann Robinson, Jr., 25 Dairy Commission Expires March 30, 19 El Road,Greenwich,Connecticut,_ c/o W. Gordon Ahman, Fish- . rs Island, New York'for a i variance in accordance with i, the Zoning Ordinance, Article s III, Section 100-30 .and Bulk Schedule for permission to s divide property, with insuffi- cient;width. Location of.pro- p perty: Montauk Avenue, Fish- a ers Island,New York,bounded p on the north by H. Doroshe- II vich, J..Peishoff, H. Parsons, and West Harbor; east by jp Sterling Street; south by R. s sl Elwell; west by Montauk Av- I.ai enue. a� Any person .desiring to be ga heard on the' above appeals 4` should ap#F11f a 'e time and Isla place above specified. Pc Dated: December 12, 1977 Is BY ORDER OF THE C a1 SOUTHOLD TOWN BOARD ua OF APPEALS. as 1T-12/15(296)- s`au�ns oqf Sulanp asn pinoen - FORM NO. z ` ' L TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE ^ SOUTHOLD, N, Y. NOTICE OF DISAPPROVAL File No cl ��[ � Dot � / ' —''C/'' '^^^—`-----^--^—^--' e --f— ='xx''� ............................... To ' lf/ 0 ^ ;�----------~— ` - 0 ' --'—' PLEASE TAKE NOTICE that your 000|�otion dated --. --------, l9��`z. ' ' � u~ �� for permit to at the premises located at . -----------'------------' Street Mop ..................J�.---.-' Block ..�=�.----.-------.. Lot .��-------.------. is � ` , `` « returned herewith and disapproved on the following grounds --.—..--~.—...--'---.---,---.. ------,---.--. --------'—^—'—^'^'^^``~^—^--`—^--' ------'-------'~--------~--- � 46.uildlng'� fispector .-- \ � TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �� 3 DATE ...�.�y.. Z.. TO THE ZONING BOARD OF APPEALS, TOWN OF-SOUTHOLD, N. Y.' 1, (We) Alexander and Ann Robinson, Jr.of 25 Dairy Road, Greenwich, Conn. .... .... ........ . Name of Appellant Street and Number ............................................................................................. ...................:........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON- APPLICATION FOR PERMIT NO. .................................... DATED ..........�, ..�/�J....................... WHEREBY THE BUILDING INSPECTOR, DENIED TO Alexander and Ann Robinson ................................................................................. Name of Applicant for permit of 25 Dairy Road Greenwich Connecticut ........................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permit to divide and sell dwelling and land and retain lot with insufficient frontage. 1. LOCATION OF THE-PROPERTY East side„of Montauk Ave. and West side of Sterling ...................................... ... Street - Use District on Zoning Map Street, Fishers Island, New York Suffolk County Tax Map Sec. 10 Block 9 Lot 1. 1 ................................................................................. 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.) Bulk and Parking Schedule and Section 100-31 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 RzV (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 and was 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 applicant is the owner of land and dwelling on the East side of Montauk Avenue comprising 1. 70 acres. Applicant proposes to sell portion of premises fronting on Montauk Avenue, together with dwelling and garage containing 1. 05 acres, and to retain vacant land containing 1. 65 acres having a frontage of 95. 84 feet on Sterling Street. The parcel to be retained complies in all respects with the Zoning Code except that it will have a frontage of less than that required by the Zoning Code. A map showing the 1. 05 acre parcel to be sold and the 1. 65 acre parcel: to be retained (outlined in yellow) is attached hereto. REASON FOR APPEAL 4 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because as indicated on the attached map, both the parcel to be sold' and the parcel to be retained exceed in area the minimum area required by the Zoning Code. However, it is impossible to divide the parcel into two lots without one of the"lots having a street frontage of less than required by the Code. To deny this area variance would foreclose the applicant from dividing this property, thus imposing an economic hardship on applicant since the property has a value of 25% more if divided into two lots than if retained as one large oversized tract. 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 none of the lots in the neighborhood are so circumstances as to contain an area in excess of the Code requirements but a street frontage of less than the code requirements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of a variance as requested will not increase the density above that specified in the Zoning Code since each resulting lot will exceed the area requirements of the Zoning Code. STATE OF NEW YORK ) ss .. ................ COUNTY OF SUFFOL10 Signature W. Gordon Ahman, Agent for Applicants Sworn to this . L........................ day of................:November:................ 19 77 .................. .................... ...... � I T' �?^o." ...................... taxi j Public Y LUCY J. AHMAN totary Public, State of New York No. 52-0028880 Qualified in Suffolk County Term expires March 30, 19' JUDITH T.TERRY TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 2, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is application for zoning appeal no. 2376, application of Alexander & Ann Robinson, Jr. for a variance. Also included is notification to adjoining property owners as follows : Hannah Doroshevich, 89 Union Street, Norwich, Conn. ; James A. Peishoff, Fishers Island, N.Y. ; Harris B. Parsons, 63 Chapin Road, Barrington, Rhode Island; Roberta C. Elwell, Montaui Avenue, Fishers Island, N.Y. 4edith T. Terry Town Clerk JTT/bn cc :file i- folk County Department of Plz _.ng H. Lee Dennison Executive Office Building Veterans Nemcrial Highway Hauppauge, Ilew York 11787 Town of Southold. Board of Appeals _ January 3, 1978 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 dete'rain�- '. ation. A decision of local determination should not. be construed as either an approval or a disapproval. Applicant Municipal File Ipumber Edward & Kathryn'Robedee . 2370 Jo Ann Talbot 2371 Joseph A. Esquirol, Jr.. 2372 Advent Lutheran Church 2374. Eastern Long. Island Kampgrounds 2375 Alexander Robinson, Jr, 2376 Walter & Marilyn Gatz _ 2377 Meyer Rosenberg 2379 Very truly yours, Lee E. Koppelman Director of Planning a by. .;�:::- 1'i t;: ►: air t CGII:fp TOWN CLERK 765-3783 Building Dept. Planning a 765-2660 Board of Appeals ti TOWN OF SOUTHOLD 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. Hof .Appeals. . . . . . . . . . . . of the town of. SQuthcl,d. . . . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Alexander Robinson, Jr. ................ Amendment to the zoning ordinance 25 Dairy Road Greenwich, CT ................ Zoning changes ................ Special permits ` .......X...... Variances Location of affected land: ....C:as.t..Side..K.Qn.tAUX..AVgnVlg-,...R!ishers..Island, ..NY......... ..... 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 X Shoreline : The Board granted the applicant permission to divide property with insufficient width. Date: ......Dec•...27......1.9.7.7........ ..............................................:................................. (signed) Robert W. Gillispie, Jr. Chairman ................................................................................ Title Date received by Suffolk County Planning Commission ................................•...............................................:.... File No. ................................ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Alexander L. Robinson, Jr. and NOTICE Ann L. Robinson to the Board of Appeals of the Town of Southold TO: Hannah Doroshevich 89 Union Street, Norwich, Connecticut James A. Peishoff Fishers Island, New York Harris B. Parsons 63 Chapin Road, Barrington, Rhode Island Roberta C. Elwell Montauk Avenue, Fishers Island, New York 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) li ��) ( r � o1lt��sri 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Northerly by lands of Doroshevich, Hedge,and West Harbor; Easterly by lands of Porter, Torrance and Sterling Street; Southerly by land of Elwell; and Westerly by other land of Applicant, containing 1. 65 acres. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural and Residential 4. That by such Petition, the undersigned will request the following relief: A variance to reduce frontage on Sterling Street from 150 feet to 95. 85 feet. 5. That the provisions of the Southold Town' Zoning Code applicable to the relief sought by the under- signed are: Bulk and Parking Schedule and Section 100-31. 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 rnav 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-Mattitu c 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: Alexander L. and Ann L. Robinson, Petitioners ft#xiarm by i"W: -.Gordon Ahman, Agent Post Office Address Fishers Island New York PROOF OF MAILING OF NOTICE NAME ADDRESS Hannah Doroshevich 89 Union Street, Norwich, Connecticut James A. Peishoff Fishers Island, New York Harris B. Parsons 63 Chapin Road, Barrington, Rhode Island Roberta C. Elwell Montauk Avenue, Fishers Island, New York STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) W. GORDON AHMAN , residing at Fishers Island, New York being duly sworn, deposes and says that on the ;2�_ day of 0 . , 19 77 , 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 Fishers Island, New York ;that said Notices were mailed to each of said persons by (certified) (1 " mail. W. 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