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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAI~D OF APPEALS
Appeal No. 2261 Dated April 5, 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To ~ ~hoda Weston
76 Begirt Avenue
Port Washington, NY
at a meeting Of the Zoning Board of Appeals on April 21, 1977
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
( )
DATE..~p.r.i~...21, 1977
Appellant
~he 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 9:25 P.M. (E.S.T.) upon application of Rhoda Weston,
76 Bogart Avenue, Port Washington, 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 setback. Location of property: west side
Snug Harbor Road, Greenport, New York; Lot #55, Section III,
Cleaves Point Subdivision.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
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)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
SEE REVERSE
APPhUVED --
ZONING BOA-RD OF APPEALS
) be denied and
After investigation and inspection, the Board finds that the
applicant requests permission~to construct dwelling with insuffi-
cient side-yard setback, west side Snug Harbor Road, Greenport,
New York. The findings of the Board are that the Board is in
agreement 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 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, Rhoda Weston, 76 Bogart Avenue,
Port Washington, New York, be GRANTED permission to construct
dwelling with insufficient side-yard setback, west side Snug
Harbor Road, Greenport, New York, as applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis.
Town of Southo]d
Legal Notice -2- Hearings: April 21 , 1977
8 :50 P.M. (E.S.T. ) upon application of Robert Adipietro,
Peconic Lane, Peconic, New York for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to set off dwelling on lot with insuffi-
cient width and area. Location of property: Indian Neck Lane
and Leslie Road, Peconic, New York, bounded on the north by
Leslie Road; east by Indian Neck Lane; south by,Lots #2 and 4
"East Hill" . Subdivision.
9: 00 P.M. (E.S .T. ) upon application of Rhoda Weston, '76
Bogart Avenue, Port Washington, New York for a variance in ac-
cordance with the Zoning -Ordinance, Article III, Section 100-3
and Bulk Schedule for permission to construct dwelling with
insufficient side-.yard setback. Location of property: West ide
Snug Harbor Road, Greenport, New York; Lot #55 , Section -III ,
leaves-- Point =Subdivision_
9 :10 P.M. (E.-S .T.) upon application' of ._Theodore Andruski,
Walnut Avenue, Mattituck,- New..York for a variance-in accordance
_. with the Zoning Ordinance, Article III, Section 100-32 for per-
mission to construct accessory building in front yard area.
Location of property: West side Walnut Avenue , Mattituck, ,New
York, bounded on the north by Deni.z and Helf; east by Walnut
Avenue; south by W. Corwin; west by Corwin, Yarusso, & Coutts.
9 :20 .P.M. (E.S .T. ) upon application of Carol and John
Plock, Jr. , 10003 No. Bayview Road, Southold, New York for a
variance in accordance with the Zoning Ordinance, Article III,
3
Section 100-32 for permission to construct tower exceeding maxi-
mum height. Location of property: Right-of-way, north side
North Bayview Road, Southold, New York, bounded on the north
and east by Kerester & others; south by J. Plock; west by
right-of-way.
9 : 30 P.M. (E.S.T. ) upon application of Spencer W. Petty, III ,
Track Avenue, Cutchogue, New York for a variance in accordance
'
FORM NO. u '—
` ^ .
`
'
�
� TOWN OF SOUl[HOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
0OUTHOLD, N. Y.
'
NOTICE OF DISAPPROVAL "
�
FileNo ..�.. . ' —...—. .Dote ......................................................... 19--.
/ n To ....... --~.—..
�
-------------.-------------.
~
--------------
E .
3 r o@o|�otk�n do ------- l9........
/46� w-hW�^���£,`— � ' � --`�~ ' '
fur panni+ tm construct -------------zt the premises located at ------------
----''--''---^-----.------. Street
«�-
Map ..1���{+^^�—.����—.. Block ---.��.s —.p��-----.. Lot ---_r..°�---------.. is
� disapproved on the following grounds — ..
-----------^--^---^-------~^'----------------------`-'---
--------.---..---...,—.—.-----' -----------------------.---
__/4.� .. _____^_____
� .
.......... . .......... .. .............
Building | or
�
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. d2 02 /
DATE .....�-.
TO THE ZONING BOARD OF pAPPEALS, TOWN OF SOUTHOLD, N. Y.
1, (�Mefi ... 11.Z7,1�......l�Y..e��1(-:�..l.......of . (... d C2 `v .J . .............................
Name of Appellant treet and Number
...""r(R- ... ,,.� �C� ?.................................... .�" .............HEREBY APPEAL TO
MunGtipal ity tote
'THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ..............9'". / I.Y.......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
.................................................................................
Name of Applicant for permit
of
Street and Number Municipality State
( .. PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
n _ p
1. LOCATION OF THE PROPERTY ...�� ' `�" ` ... `�' 'rriz..' —` . w o.v... .....
Set Use District on Zoning Map
SS................6L,v-e.,�.zE:...... ......................
Map No. Lot No. ,f. O 3-5 - 5 33
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zonin Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
( Vf 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 (l ;as) (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
( y/� 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
0 0
9
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because J,
7,
STATE OF NEW YORK )� G`�y2 d f4y5 x� ) ss . ...........................9...........................................
COUNTY OF ) Signature
Sworn to this .................................. day of........ ........................ 19
13=--
...................... . . .. ........ ..... ...... .rr........................ TIMOTHY J. O'DVNER
Not ry Pu I' Notary Public, State of New York
No. 30-2943335
Qualified in Nassau county
Term Expires hlarch 30, 1979
OF I ®®F ^�NOW",,, K
t y14 fiat 1y.
JUDITH T.TERRY � K TELEPHONE
765-3783
TowN CLERK
REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971
April 5, 1977
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk -
Re: Application of Rhoda Weston for a variance-Appeal No. 2261
I have on file in my office notification by .certified mail
to:
D. Bello, 80 Borden Ave. ,. E. Northport, N.Y.
Dr. S. Simkim, 4 HenHawk Road, Great Neck, N.
177
- udith T. Terry
Town Clerk
JTT/bn
Suffolk County Department of Planning
Veterans Memorial Highway
Hauppauge, New York 11787
Town of Southold
Board of Appeals April 27, 1977
Pursuant to the regsir.emep.ts of Sections 1323 to 1332,.of;• the Suffolk
County Charter, the following applic'Atiions which have -been referred
to the Suffolk County Planning Commis-sion' 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
Ellis & Helen Hyers 2258
Walter & Flora Luce 2259
Rhoda Weston 2261
George Foster 2265
Respectfully yours,
Lee Z. Koppelman
Director of Planning
by -
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
�Z. Board of Appeals
0
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11771
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-13, Sections 239-1
and m, the ...BOard... f..Appeals.......... of the town of Southold, N. Y. hereby refers the following
(agency involved)
proposed zoning action to the Suffolk County Planning Commission:
(check one)
............ New and recodified zoning ordinance Rhoda Weston
Amendment to the zoning ordinance 76 Bogart AvenuePort Washington, NY
............ Zoning changes
............ Special permits
X..... Variances
Location of affected land: ...WIa....44,4g... .........:
within 500 feet of.: (check one or more)
............ Town or village boundary 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
omments:
The Board granted this variance. The applicant has received
D.E.C. approval.
Date: .....April 25 s 1.P77........
...............................................................:.................
(signed) Robert W. Gillispie, Jr. -
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission ............................................................................
FileNo. .........:.....:................
i
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
to the Board of Appeals of the Town of Southold
1
TO:
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) (-Spe&64-Exeeptivn) (Sp°^: t) (the following relief:
2. That the roperty which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: �f , 3 _5.,
CSC
3. That the property which is the subject of such Petition is located in the following zonin district: Ir
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions of the Southold owri Zoning C e applicable to the relief sought by the under-
signed are: /0 — 30
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: Gee /S77
a
P itioner
Post Office Addre G
y�
PROOF OF MAILING OF NOTICE
NAME ADDRESS
REGISTERED NO. U Z_— POSTMARK OF REGISTERED NO.
Value . Special �C'r n' P hry AR
$ Delivery $ �6+ (.' Value $ Special
Reg.F $ ` Return Delivery $ ; A
Receipt $ ,�O Reg.Fee $ l eU Return
Chardli g $ Restricted �/5y Receipt $ veA
9 Delivery $ � '�r�. Handling $ Restricted $
t UJ
Postage; $ AIRMAIL Charge Delivery
r 0 Postage $ AIRMAIL ti"1✓ `A/��yJ\`
POSTMASTER(By) POSTMASTER(B rUU
MAI OFFICE y)
FROM _ MAILING OFFICE
--='-- ---,�— 1t. FROM
--------- --�a__ _=1� — --------- N
TO 7. ID ���� ----- I
STATE OF NEW YORK ) ss.:
COUNTY OF % $ v
�=�:, `il• z� , residing at -
-�/1� 6L -�4--, being duly sworn, deposes and says that on the day
of , 19/�
' , deponent mailed a true copy of the Notice set forth on the re-
verse side ereof, 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 as essment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to� ore me this
day o-f - -(7rq, t , 19
Notar Pu is 71b;oTY J. O'DVNER
i Notary Public, Slate of New York
No. 30-2943335
Oualified in Nassau County
Term Expires March 30, 1979
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CCla'Grr 1 - TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
GoYtCK9lrfaI !l,; EDUCATION LAW.
.COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
?` 11Pi EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSTiTUTION LISTED HEREON,AND
.,TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION. GUARANTEES AREOT TRANSFERABLE
TITLE CERTIF. .N
TO ADDITIONAL IN4TITUTIONS OR SLMSEOUaO
OWNERS. .: .. ..
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FOR .APPROVAL OF..CONSTRUCTION ONLY .
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H.S. REF. NO. 'STANDARDS OF SUFFOLK CO. DEPT.
OF HEALTH, SERVICES.
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---I I n (:QIJNTY QF 5UFFQLK - ITOW" 0F SOUTHOLD _ _ I
Legal NoOce
{contt~uecl from previous paged
mission to set off dwelling on lot
with insuffieiont width and area.
Location of property: Indian
Neck Lane and. Leslie Road,
Peconic, New York, bounded on
the north by Leslie Road; east by
Indian Neck Lane; south by Lots
No. 2 and 4 "East Hill" Sub-
division.
~pg:00 P.M. (E.S.T.) upon-'a!5:"
lication of Rhnda Weston, 76
Bogart Avenue, Port
Washington, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
9:20 P.M. (E.S.T.) upon ap-
plication of Carol and John Plock,
Jr., 10003 No. Bayview Road,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 10032 for permission to
construct tower exceeding
maximum height. 'l, aw. ation of
property: Right,~,.~vay, north
side North Ba~ew Road,
Southold, New Ym~, bounded on
the north and east by Kerester &
others; south by J. Pleck; west
by right-of-way.
9:30 P.M. (E.S.T.) upon ap-
plication of Spencer W. Petty, III, ~
Track Avenue, Cutchogue, New
York f~s' a~:¥~wia~ce in ac-
Section 100-30 and Bulk Schedule cordance .,I~#1~ ;the Zoning Or-
for permission to construct dinance, P~xtlnkIH, Scetion
dwelling with insufficient side- ~ 30 and J~!l~ ~ per-
yard setback. Location of ~ missiou?~l[l~li,~l~m~l~, with
Property: West side Snng Harber ~ insuffi ~c~ ~rea.
Road, Greenport, New York; ~ Locatin~ff~i~lP. ~t side
Lot NO. 55, Section III, Cleaves ~ Track~ ~ New
--~Point Subdivision. / York, ~ ~ by K.
9:10 P.M. (E.S.T.) upon a--i~'--~Gagen;
plication of Theodore Andruski, south by ~ I~$equash
Walnut Avenue, Mattituck, New Acres; w~St~by?/~ Flor.
York for a variance in ac- 9:45 P.M..(E./~)'"~l~Don ap-
dance with the Zoning Or- phcat~on of. ~ ~oater,
dinanea, Article IH, Section 100: Bayview R~ q ~ New
32 for permission to construct York for ~ ;~v~:e i~r ac-
accessory building in front yard
area. Location of property: West
side Walnut Avenue, Mattituck,
New York, bounded on the north
by Doniz and Helf; east by
Walnut Avenue; south by W.
· Corwin; west by Corwin,
Yarueso. & Coutts.
cordance ~witb tbs Zoning Or-
dinance, ArriVe Ill, Section 100-
30 and Bulk Schedule for per-
mission to divi6~ ~ro~ty with
existing ~, Location ~ of
proport~: North~de Bayview
Road, ,~outhol~ New York,
beundect!on the ~ by Canal
(West Creek); east by Obre;
r h by Bayview Road; west by
k ~asalan.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: April 8, 1977
BY ORDER OF
THE SOUTHOLD
TOWN BOARD
OF APPEALS
' SUFFOLK, ]
~'EW YORK, ~ ss:
1TA14~2672 ' ~rt ¢. Dormaa
........................... being duly Sworn,
says thor ...h..e.. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in sold
countyI und that the notice, of which the annexed is ~ printed
copy, has been published in the s~id Suffolk Weekly Times
once in each week, for one (]) weeks
successively commencing on the .. ~.qt~F.~.e..e.n.t;h. ...........
day of ..... ~ ~'4 ' "~<. .......
Sworn to befor, e me this .../.
cl~. No.
Nbfige of Hearings
Pursuant tO Section 267 of the
Town Law and the provisions of
the Amended Building Zone Or-
dinance of the Town of Southold,
New York, public hearings will be
held by the Zoning Board of
Appeals at the To~n OffiCe Main
Road, Sonthold, NeW York on
Thursday, APril, 21, 1977, on the
follonving appeals:
7:30 P.M.~ (E.$.T.) - Decision
upon application of blic~holas W.
Ippolito for a variance to divide
property with existing buildings,
south side North Road (CR27),
Southold, New York.
7:59 P.M. (E.S.T.) - Resumed
hearing upon application of Ag-
way Petroleum Corp., P.O. Box
705. Pulaski Street, Riverhoad,
New York for a special exception
in accordance with the Zoning
Ordinance, Article VII, Section
100-70 B (4) for permission to
operate a self-service gasoline
station. Location of property:
west side Youngs Avenue, South-
old, New York, bounded on the
north by G. Miner and George
Ahlers & others; east by Youngs
Avenue; south by Goldsmith &
Tnthill and Long Island Railroad;
west by George Ahlers & others.
8:30 P.M. (E.S.T.) upon appli-
cation of Walter F. and Flora S.
Luce, 505 Skunk Lane, Cntch-
ogue, New York for a variance in
accordance with the Zoning Ordi-
nance, Article Xl, Section 100-118
E for permission to enlarge an
existing, non-conforming build-
ing. Location of property: South
side Main Road (Route 25),
Cntchogue, New York, bounded
on the north by Route 25; east by
V. Clerach; south by North Fork
Bank & Trust Co.; west by North
Fork Bank & Trust Co.
8:40 P.M. (E.S.T.) upon ap-
plication of Ellis and Helen
Hyers. 308 Forsy~he Avenue.
North Lindenhurst, New York for
a variance in accordance with the
Zoning Ordinance, Article II1,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: South side
Oak Drive, Cutchogue, New York,
bounded on the north by Oak
Drive; east by R. Langemyr;
south by Thomsen and Belz; west
by R. Slavin.
8:50 P.M. (E.S.T.) upon ap-
plication of Robert Adipietro,
Peconic Lane, Peconic, New York
for a variance in accordance with
the Zoning Ordinance, Article ltl,
Section 100-30 and Bulk Schedule
for permission to set off dweilin~g
on lot with insufficient width and
area. Location of property: Indian
Neck Lane and Leslie Road,
Peconic, New York, bounded on
iyLeslie Road; east by
Lane; ,s, outh by Lots
st Hill Subdivision.
· (E.S.T.) upon ap-
Rhoda Weston, 76
hue, Port Washing-
rk for a variance in
Lccordance with the Zoning Ordi-
nance, Article BI. Section 100-30
and Bulk Schedule for permission
to construct dwelling with insuf-
ficient side-yard setback. Loca-
tion of property: West side Snug
Harbor Road, Greenport, New
York; LOt #55, Section III, Cleaves
Point Subdivision. ~
-- 9:10 P.M. (E.S.T.) upon ap-
plication of Theodore Andruski,
Walnut Avenue, 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. LocaBon of
property: West std~ W~ilii'ut~Ave-
hue. Mattituck, New Yorl~,
bounded on the north by Deniz
and Hell'; east by Walnut Avenue;
south by W. Corwin; west by
Corwin, Yarusso, &Coutts.
9:20 P.M. (E.S.T.) upon ap-
COUNTY OF SUFFOLK t ss:
STATE OF NEW YORK I
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper prin+ed at Southo!d, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........ J .............................. weeks
successively, commencing on the /..~. ..................................
Sworn to before me this ....................... day or
................... 19../../...
Notary Public