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Home My WebLink About2289 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOAI~D OF APPEALS Appeal No. 2289 Dated May 19, 1977 ACTION OF TI-IE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Marguerite Wasson (Gary Olsen, Esq.) Peconic Bay ~Boulevard Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on June 2, 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 te the Zoning Ordinance ( ) 1977 the appeal 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 9:00 P.M. (E.D.S.T.) upon application of Marguerite Wasson, Peoonic Bay Boulevard, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings with insufficient width and area. Location of property: Bray Avenue and Peconio Bay Boulevard, Laurel, New York, bounded on the north by B. Edwards; east by W. Smith; south by Peconic Bay Boulevard; west by Bray Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (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 spfflt of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous deeisions of ~l~ I/pect~ ( )be confirmed( ) be granted ( ) be reversed. ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to set off lot with existing buildings with insufficient width and area, Bray Avenue and Peconic Bay Boulevard, Laurel, New York. The findings of the Board are that the applicant has enlarged Lot %1 at the expense of Lot %2. 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, Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York, be GRANTED permission to set off lot with existing buildings with insufficient width and area, Bray Avenue and Peconic Bay Boulevard, Laurel, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Town o~ u ~ou~ho]d Legal Notice -3- Hearings : June 2 , 1977 9 : 00 P.M. (t:D.S .T. ) upon application of Marguerite Wasson, Peconic Bay Boulevard, Mattituck, . New. York (Gary Olsen, Esq. ) for a variance in, accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings with insufficient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, . New York, bounded on the north by B. Edwards; east by conic Bay Boulevard; west by Bray Avenue. W. Smith; south by Pe 9 :10 P.M. (E.D .S .T. ) upon application of Dikran V. Simidian, Salt Lake Village, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article III , Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lot #1, Salt Lake Village off Bay Avenue, Mattituck, New York. Ii Any person desiring to be heard on the above appeals l should appear at the time and place above specified. Dated: May 19 , 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 26 , 1977 , AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS , MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 19 , 1977 : Joseph and Luisa Cardia John C. and Doris B. Morgan David L. Whipple, III Robert Paul c/o Founders Homes, Inc . Gerassimos Totolos Thomas L. Minnigan Herbert 0. Cassidy Brian ' s Song, Inc. Gary Olsen a/c Marguerite Wasson Dikran V. Simidian i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ .Date ............... ......&.1......... .......... I q.. To ... ...... ...... ................. ................................................ PLEASE TAKE NOTICE that your application dated .................. 9 forermit to OPST UC the premises 1(?-ated at .................................... .......................K............................................ Street Map .................................... Block ............................................ L t ........V Is ........................ retpnned (ffewith and dis provedn.;the fgilowing grounds .............. .. ............ cz_ ..........a".... -............................... ......................... ..................................................6............. ............................ ................................................... ................................................................................ ................................................................................ .. ........................................................... ................. ..................................... ...................... Building In ector. TOWN OF SOUTH OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 9 DATE ......, .��9.-.7.� TO THE-'ZONING BOARD OF APPEALS, TOWN OF:�SOUTHOLD, N: Y. axgu�.xit'o-WAa.9m:......... of Pe.canic.Bzy. .-Rouieuax:d:. _ ....... ..:.... Name of Appellant _ Street and Number . .........:1Vlattituck,:...........:..... ... ............ ......HEREBY APPEAL TO :Municipality _ - State THE-ZONING BOARD OF'APPEALS FROM THE DECISION OF THE BUILDING INSPECTO�2 ON APPLICATION.' FOR- PERMIT NO. DATED f..� ^............................:......: ................. . -:�: .:......-... WHEREBY THE BUILDING INSPECTOR DENIED TO v Marguerite Wasson .............................................. Name of Applicant for permit of ono number) Pecon c,DAY..Blvd....N atti.tuck,:.).1Tew.X.Qxk...................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) VARIAN_ CE ricultura,177nesidential 1. LOCATION OF THE-PROPERTYCoxn.ex.:.Of.Bra y.&..P�.coni.G.13�,y.B�u Street Use District on Zoning Map ................................................................................. : /vlap 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 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for ( x) .11\ VARIANCE to the Zoning Ordinance or Zoning Map '( -)- A7 VARIANCE-due to-lack-of-� access- (-State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280kSubsection'3 4. PREVIOUS APPEAL A previous appeal sk(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 Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant seeks to sell a corner vacant parcel,which would have 272. 90 feet on Bray Avenue and 212 feet on Peconic Bay Blvd. The applicant would retamman existing house on Bray Avenue, which would have frontage of 74._38 feet and would also retairi a-n"existing Frouse' on Peconic Bay Bou.levard'hayin.g 'a frontage of 121. 87 feet. The vacant parcel would be sold and the remaining house parcels-would be in keeping with the. general size, ..shape and character of the other parcels in the neighborhood.If Variance is not approved, it would be an economic and financial hard- ship, and the ,applicant would be forced to have'an oversized parcel compared to the others in the neighborhood. The..applicant took tille to the property by various deed, and due .to the fact that all the parcels -were contiguous, there is .a technical merger of title necessitating this Variance Application. The fourth parcel to be created has a right of way off of Wells Road. 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 the applicant presently has an oversized p rc�l with'l vo houses and .she seeks,-to sell-a vacant corner lot. 3.. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE" THE CHARACTER OF THE DISTRICT because the parcels to be created would be in general keeping with the ,size and shape of other parcels in the neighborhood. Marguerite W ss By: Gary F O e STATE OF NEW YORK ss ;•......... . .. ....... .... ..................... COUNTY OF SUFFOIJK Signature Gary Fla er Olsen Sworn to this ............... ............................. day of...... . x':lT ..... ................... 1977 `..... 'CURRY Notary Pub mr, 4Notary , state of New York Public No. 52-0830410 Qualified in suffolk County Term Expires March 30, 197T JUDITH T.TERRY TELEPHONE TowN CLERK � (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 19, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Marguerite Wasson for a variance-Appeal No. 2289 I have on file in my office notification by certified mail to : Mr. & Mrs. Wallace Smith, 120 First St. , Massapequa Park, N.Y. 11762 Elsie Borak, 53-24 206th St. , Bayside, N.Y. 11364 Anna Wright, 27-15 Bay Ave. , Box 979, Mattituck, N.Y. 11952 Mr. & Mrs. Benjamin Edwards, 13-63 Wantagh Ave. , Wantagh, N.Y. 11793 dith T. Terr / own Clerk , BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE MARGUERITE WASSON to.the Board of Appeals of thesTown of Southold -TO: Elyse Borak: _ Mn. :and Mrs..Wallace 'Smith Anna Wright Mr. and Mrs. Benjamin Edwards 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 divide subject premises into four (4) parcels. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North i3 1V(r_. and Mrs. Ren;am;n Rdwardg;,Ea-t by A,llr._' and I.VaRane ,Smith-and ELrse Borak;:South WLPecon:ic Bali' Boulevard: West by Bray Avenue and ' Anna slit. ".- 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural-Re s id ential 4. That by such Petition,the undersigned will request the following relief: To d,v,de a„bjert prPm;ses into four ,(4) Parcels: two (2) parcels of which already have houses.. 5. That the provisions of the Southold Towri Zoning Code applicable to the relief sought by the under- signed are: Article III Section 100-31 and Bulk 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 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 dJM prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituck Watch an, newspapers published in the Town of Southold and designated for the publication of such notices;that y u of our`r presentative have the right to appear and be heard at such hearing. Marguerit as on Dated: 1. 1977 By n Petitioner ry Flanner Ms*do Post Office Address P_(7. Roy 28, ain Road Mattituck.-New York 11952 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. and'Mrs. ,Wallace Smith 120 First Street, Massapequa Park, New York 11762 Ilyse Borak 53-24 206th-Street, Bayside, New York 11364 Anna Wright 27-15 Bray Avenue, Bog 979, .Mattituck, New York11952 Mr, and Mrs. Benjamin Edwards 13-63'Wantagh Avenue; Wantagh, New York 11793 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Cary Planner Olsen,.Esq. , residing at being duly sworn, deposes and says that on the 14 day . of ,`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 address -�f`said persons as shown on the current assessment roll of the Town of Southold;that said Notices were He at the United States Post Of- fice at Mattituck ;that said Notices we, mai ed to a ch said persons by (certified) l�Tgi Wmail. Sworn to before this d y of - . 1977 otary Public MARY R. CURRY' Notary Public, State of New York No. 52-0830410 Qualified in Suffolk County, Term Expires March 30, 197 ' �F•- � of V ri nil+ �A(ti'? � �u� UE � 1T'E WA� `ON s M. 69 'i3'1.0 `� — i38.6i �� o°r_'• r A1". ^� t ue_ r. -T- i 7-; t; C K Taw;, or- � Tr. 0. or 4.C� '..a drive 5.60 _ F. 49 ?, is G .arar� te.:t, to rht 5e�uri�u. "r;tte ecc`A Gua r•arl+a C0 m�eny and $a the North. 5.Jk` FcY- $ank 4 Tru,t CompaI'll 45 G u� veeae October 6, 19u4VAN TU Ilk Lice 0 Selo .urve�ars gOHLAt fDrG2, r JaYe o Do a `\ ti� � fl 1` �� ` ,:4' +l.ly PI \ �'V , 1��j. • � - � F�. 1.-'L-�\��+ �•�� , - .- _ Cl 00 Id ell o ii '. a � ,�: a`►~` - -.o �� '` �� i ;: w ��-:, �- �S� :I� � - � . ' � �•'=�� -� � � _ >;�' . O - � CIR� u',I •�i r !�� L�'I� �^ •� t Tom' 1 .3� _ �1.'O - �i�. •r .t,U. ��, w J': :1 ``" 'i-•^�- '•F ,'.�, r EN Ut- dDl �r�` �`f T rv �'' .; No.5+ j��a l• ��v!i t `'e�T`. 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' O r �NP` / 0 J ° - �L �° ♦tip\/°°. .. .. � \' 8 � ate' :• ° .. �'°. / \ b LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisiom of the Amended Building Zone Ordthance of the Town of So.uthold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, Jane 2, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of J~eph and Lulea Cardia, Main Road, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main 'Road (Route 25), Arshamomaque,New York, boanded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R.D. 2, Box 143, Flanders, Now Jersey for a variance in accordance with the Zoning Ordinance,Ar ticleIII, Section 100-30, 31 and Bulk Schedule for permission to construct addition with in- sufficient side and rear yard setback. Location of property: Halyoke Read, Orient, New York, bounded on the north by Plain Land Realty; east by Becks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. (E.D.S.T.) upon application of David L. Whipple III, 420 Oak Drive, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: East side Oak Drive, Soathold, Now York; Lots 34 through 39, Block D, Map of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon application of Robert Paul c-o Foanders Homes, Inc., Main Read, Sonthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient, side-yard setback. Location of property: Right-of-way off South Harbor Road, Southold, New York, bounded on the north by now or formerly R. Freund; east by R. Bayley; south by Pecenic Bay; west by South Harbor Cot- poration. 8:15 P.M. (E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Matqtuck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattitack, New York; Lot No. 47, Deep Hole Estates. 8:25 P.M. (E.D.S.T.) upon application of Thomas L. Min- nigan, 91 Princeton Avenue, Hewiett, 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-yard set- backs. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. 8:35 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 19~, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IX, Section 100- 90 and Bulk Schedule for per- mission to construct potato grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grefe; east by Cox Lane; south by G. Heidtrnann and another; west by L. Glover Jr. 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Sectivn 100- 60 C (2) for permission to con- struct sign with insufficient setback. Location of property: North side Route 25, Greenpert, New York, boanded on the north by Now York Telephone Co.; east by N~ York Telephone Co.; south b~ Main Read; west by on,e~k°s' .M. (E.D.S.T.) upo~ on of Marguerite\ econic Bay Boulevard, ~ Mattituck, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section !.00-31 and Bulk Schedule for permission to set off lot with existing buildings with in- sufficient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, New York, bounded on the north by B. Ed- wards; east by W. Smith; south by Peconic Bay Boulevard; west by Bray Avenue. ~ 9:10 P.M. (E.D.S.T.) upon application of Dikran V. Simidian, Salt Lake Village, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lot No. 1, Salt Lake Village off Bay Avenue, Mat- tituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM26~2719 ~' OF SUFFOLK, ] OF NEW YORK, ? ss: Stuarl: C. Dot-man .............................. being duly Sworn. t he ....... is Printer and Publisher of the SUFFOLK Y TIMES, n newspaper published ~t Greenport, in sold md that the notice, of which the annexed is a printed s been published in the said Suffolk Weekly Times ,ach week, for one (1) weeks ely commencing on the ..... .~..e.n..ty.-.s..i.x.t..h ...... ..... .... beto~e me this ....~7..~r... 1 ......... is. 7.7. j ..... NANCY l~. DOUGLASS NOTARY PUBLIC, S~ate of New l~lesiding in Sutfolk County C'lks. No. ~-60~6685 Commis~o= Espir~ M~rcb. 30. 1~,I..~ with the Zoning Ordinance, Art- icle 111. Seclion 100-32 for permis- sion construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York: 'Lei 1/47. Deep Hole Estates. 8:25 P.M. (E;D.S.T.) upon apr plication of Thomas L. Minnigan, 91 Princeton Avenue, Hewlett. New York for a variance in accordance with the Zoning Ordi- nance, Article 111. Section 100-30 a. nd Bulk Schedule for permission to construct dwelling with insuf- ficient side-yard setbacks. Loca- tion of property: south side South Lane. East Marion. New York. bounded on the north by South Lane; cast by Skopek; south by beach and Bay': west by Thorp. 8:35 P.M. (E.D.S.T.) upon ap- plication of Herbert O. Cassidy, P.O. Box 198. Peconic. New York for a variance in accordance with thc Zoning Ordinance. Article 1X, Section 100-90 and Bulk Schedule for pel-nlission to construct pota- toc grading building on undersiz- ed lot. Location of property: west side Cox Lane, Cutchogue. New York. bounded on the north by Grcfe: east by Cox Lane: south by G. Hcidlmann and another: west b5 L. Glover Jr. 8:50 P.M. {E.D.S.T.) upon applicatkm of Brian's Song, Inc., Main Road, Grccnport, New York for a variance in accordance with lc Zonine Ordinance. Article Secti{m 100-60 C (2) for permis- sion tt~ construct sign ~ith insuf- ficient setback, location of pro- peri5: North side Route Gvccnport. Ncw York. bounded on the norlh by New York Telephone Co.: east by New York Tclcphlmc Co.: south by Ma~n.~ Road: xxcst b3 Mar),' Zcpkos. O:I)(t P.M. IE.D.S.T.) upon application of Marguerite Was- son. Pcconic Bay Boulcxard, Mat- litltck, New York (Gary Olsen, Esq.) for a xariance in accordance x~ilh thc Zoning Ordinance. Art- icle Ill. Section 100-31 and Bulk Schedule for permission to set elf lot with existing buildings with insufficient x~idth and area. Loca- tim~ o ' property,: Bray Avemm and Pcconic Bay Boulcxard. Laurel, New York, bounded on the north by B. Edxxards; east by \% Smith; south by Poco ~ic. Ba.x west by Bray Avenue~ q:10 p.M.~.IE.D~'~q i application of Dikran V. Simidian, Salt Lake Village, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle Ill, Section 100-32 for permis- sion to construct accessory build- ing in front yard area. Location of property: Lot #1, Salt Lake Village off Bay Avenue, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-5/26