The URL can be used to link to this page

Home My WebLink About1473 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1473 Dated September ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Burr G. Lewis, Main Road, Southold, liew York a/c Samuel E. & i~ladeline L. Moelius 1~ Weeks Road, ~orth Babylon, New York DATE"'0~'t'-'"'~I, 1971 30, 1971 Appellant at a meeting of the Zoning Board of Appeals on OCt ober 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 ( ) Request for a variance to the Zoning Ordinance ( ) 21, 1971 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was d~ermined that a ~ecial exception ( ) be gra~ed ( ) be deni~ pursuant ~ Article .................... Section .................... Subsection .................... para~aph .................... ~ the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8130 P.M. (E.D.S.T.), upon application of Burr G. Lewis, Main Road, 2outhold, New York a/c Samuel E. & Madeline L. Moelius, 1~ Weeks Road, North Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection ~ (a), for permission to re-instate use of two (2) family dwelling as a non-conforming use. Location of property: north side of Main Road, Southold, New York, bounded north by L. ~. RaiSroad, east by~E. Precthl, south by Main Road, west by J. ~fzerodzzk. Fee paid $~.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVER~E difficulties or unnecessary (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 ~EE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REV-~ ~ SE 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. FORM ZB4 SEE AFF~'~[D ZONIN~ BOARD OF APPEALS ~fter investigation and inspection the Board finds that applicant requests permission to re-instate use of two (2) family dwelling as a non-conforming use on the north side of Main Road, Southold, New York. The Board finds that this dwelling was formerly used as a two family dwelling (since 1951) with separate living units and entrances for first and second floor occupancy, including two separate kitchens, and is located on an 18 acre parcel of land; and that the applicant's intention is to farm the entire property. The Board finds that the public convenience and welfare and justice will bs served and the legally established or permitted use of neighboring property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Th~REFORE IT WAS RE~OLVED Burr G. Lewis, Main Road, ~outhold, ~ew York, a/c Samuel E. & Madeline L. Moelius, 15 Weeks Road, North Babylon, New York, be GRANTED permission to re-instate use of two (2) family dwelling as a non-conforming use on properly located north side of Main Road, ~outhold, New York, subject to the following conditions: In the event that the residence is sold separately from the 18.192 acres shown on the V~n Tuyl survey of &ugust 3, 1970, such sale must include 139.78 feet on the Main Road on the course laid out on the previously referred to survey. The west dimension of the proposed lot shall be 250 feet from the Main Road. The northerly boundary of the lot shall be 139.78 feet at right angles to the line, paralleling the westerly line and returning to Main Road. Vote of the Board: Ayes:- ~.iessrs: Gillispie, Bergen, Grigonis. Legal N~ot ice Page - east by Robert Ciark~ south b~"~2Io Oyster Farms, west by Russell Ho Reeves° 8:00 P.M. (E.DoS. To), upon application of William :~Kanz, Village Lane & Fletcher Street, Orient, New Yorkt for a variance in accordance with the Zoning Ordinance, ArticlelIII, Section 306, 'and Article III~ Section 309, for permission to locate accessory building in front yard[ area with insufficient frOht yard setback. Location of property: northeast corner of Village Lane & Fletcher Street, Orient, New York: bounded north by Jo Leddy & Oyster Pond Historical Society, east by Oyster Pond Historical Society, south bY Fletcher Street, west by Village Lane~ 8:15 P°Mo (E~DoSoT.)~ upon application of Charles King~ Mill Road, Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, and Article III~ Section 309~ for per- mission to. locate accessory building in front yard area~ Loca!ion of property: private right-of~way off south side of Mill Road, Mattituck~ New York~ bounded north by Ackerman, east by E. Fox, south by Jo King~ west by Creek. -3 8. 0 PoMo (EoDoSoTo), upon'application of Burt Go Lewis~ Main Road, SOuthold~ New York a/c Samuel Eo & Madeline Lo Moelius~ 15 Weeks Road, North Babylon, New York~ fora special exception in accordance With the Zoning Ordinance, Article III~ Section 300~ Subsection 5 (a), for permission to re-lnstat~ tlS(~ o~f two 1(2) family dwollin%~ a.~3 a non-Oonfor~uing use. Location of property: north side of Main Road~ Southold~ Legal Notice · Page ~3 New York~ bounded north by Lo Io"Railroad, east by E~ Precthl, south by Main Road~ west by Jo Nierodziko Any person desiring to be heard on the above applications should appear at the time and place specified° DATED: SEPTEMBER 302 1971, BY ORDER OF THE SOU~IHOLD TOWN ~OARD OF APPEALS PLEASE PUBLISH ONCE, OCTOBER 144 1971, AND FORWARD SIX (6) AFFIDAVITS OF PUBLICAT~.~.O~ TO THE SO%~rHOLD TOWN BOARD OF APPEALS~ MA~N ROAD, SOLWfHOLD~ NEW YORK° Copies mailed to the following on October 8, 1971: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Frank & Gertrude Gehring Frank Bohlke a/c John Bohlke William Kanz Chartes King Butt Go Lewis a/c Samuel Eo ~ Madeline Lo Moelius _$O_.~ONE SHOULD APP_F2%R AT ~{E Notice of Hearings Pursuant to Section ~67 of the Town Law and the pl-ovinions of ~the amended Building Zone Ordinance uf .the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, SnathoM, New York,on Octobor 21, 1971 on the following appeals: 7:30 P.M. tE.D.S.T.), upon application of Frank & Gertrude Gehrthg, Jackson Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article Ili, Section 300, Subsoction 6, and Article llI, ~ Section 309, for permission to locate accessory building (garage) in front yard area. Location of property: south side of Jackson Street, New Suffolk, New York, bounded north by Jackson Street, east by Marvin, south by Peconic Bay, west by J. L. Corotar. 7:45 P'.M. tE.D.S~T.}, upon application of Fred Bohlke, Shipyard Lane, East Marion, New York a/c Jahn Beldke, R.O.W. off east side of Shipyard Lane, East Marion, New York, for a variance in aecorthmce with the Zoning Ordiannce, Artiele HI, Section ~, for permisaian construct privath one ~mil~ dwelling with reduced front yard private right-of-woy ~f ns~ ~ide Cheropowicz, Clark, sonth by Farms, west by Pamnsll H. P*cevns. 8:~0 P.M. CE.D.S.T.I, Village Lane & FI~ StreW, Orient, New Yor~, for a vpxiance in accordance ~ the Zonin~ Ordinance, Artiefo Ill, Section 306, and Artiele Ill~ Snctina for permission in focote~ uc- cessory buildiag in front y~rd area with insUfficient front yard setback, l,o~otinn of property: northe~s~ coroer of Village Lane & Fle~cber S~°et, Orient, New York, bem~icd north by J. Leddy & Oyster Pond Historical Society, east by Oyster Pond Historical Society, south by Fletcher Street, west by Village Lane. 8:15 P.M. (E.D.S.T.), upon application of Charles King, Mill Hoad, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 300, Subsection 6, and Article 11I, Section 309, for · permission to locate accessory building in front yard area. Location of property: private right-of-way off south side of Mill Road, Mattituck, New York, ~oonded north by H. Ackerman, east by E. Fox, south by J. King, west by Creek. 8:30' P.f~ (E~D.S.T.), upon application of Burr G. Lewis, Main Road, Southold, New York a,c Samuel E. & Madeline L. Mnclius, 15 Weeks Road, North Babylon, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section aoo, Subsectiea 5 (a), for permission to re-inst~te use of Iwo (2) family dwelling as a non- conforming use. Location of property: north sideofMain Road, Southaid, New York, benoded north by L.I. Railroad, ~ by E. Prncthl, south by Main Hoad, wes~ by J. Nierodzik. Any peeson desiring to be heal/ on the above applications should appear at the time and place DATED: SEPTEMBER 30, 1971 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLI(, STATE OF HEW YORK. ~ ss: ....... .St.u..a¥.t...C.....D.o?,m. a~ ............ being duly Sworn. says that ...h..e.., is Printer and Publisher of ~he SUFFOLK WEEKLY TIldES, a newspaper published ~t Greenport0 in said county~ and that the noti~, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekl~r Times ~nce in each week, fo~ .... .o?.? ................... weeks successively commencing on the ..... ~..o~?..t.e.o.~.h. ........ Sworn to beforeAme this .../.~. ..... ( ? ...................................... NOTICe-OF HEARINGS Pursuant to Section 267 of the Town Law and the provisio~- of the amended Building Ton dinance of the Town of Soutnold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 21, 1§71 on the following appeals: 7:30 P M (EDST)~ upon appli- cation of Frank & Gertrude Gehring. Jackson Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300. Subsection 6, and Article III, Section 309, for permission to locate accessory building (garage) in front yard area. Location of property: south side of Jackson Street, New Suffolk, New York~ bounded north by Jackson Street, east by E. Marvin. south by Pecoinc Bay, west by J. L. Connor. 7:45 P M (EDST), upon appli- cation of Fred Bohlke, Shipyard Lane, East Marion, New York a/c John Bohlke, R O W o~f east side of. ~lsipyarc~ ,L,~.et.,~ Marion, New York,.fcf a vaciance in accordance with the Zonin~ Ordinance, Article HI, Section 305. for permission to construct private one family dwelling with reduced front yard setback. Lccation of property: private right-of-way off east side of Shipyard Lane, East Marion, New York, bounded north by Jc~. Cheropowicz. east by Robert Clark. south by L I Oyster Farms, west by Russell H. Reeves. 8:00 P M (EDST). upon appli- cation of William KanT, Village Lane & Fletcher Street, Orient, New York, for a variance in ac- cordance with the Zoning Ordin- ance, Article III, Section 306. and Article III. Section 309, for per- mission to l~cate accessory build- ing in front yard area with sufficient front yard setback, Lo- cation of property: northeast corner of Village Lane & Fletcher Street. Orient. New York, bound- ed north by J. Leddy & Oyster Pond Historical Society, east by Oyster Pond Historical Society, south by Fletcher Street, west by Village Lane. 8:15 P M (EDST), upon appli- cation of Charles King[, Mill Road, Mattituck, New York, for a variance tn accordance with the Zoning Ordinance, Article IlL Section 300. Subsection 6, and Article III,, Section ~09. for per- mission to locate accessory build- lng in fror~ yard area. Location of property: private right-of-way off south side of Mill Road, Mattituck, New York, bounded north by H Ackerman, east by E Fox, south by J King, west by Creek. 8;3~ PM (EDST), upon appli- cation of Burt G. Lewis, Main Road, Suuthold, New York a/c S~muel E. & Madeline L. Moelius, 15 Weeks Road. North Babylon, New York, for a special exception in accordance with the Zoning Ordinance. Article HI. Section 300. Subsection 5 (a). for per- mission to re-instate u~e cf two (2) family dwelling as a non- conforming use. Location of property: north side of Main Road, Southold. New York, bounded north by L I Railre~l, east by E Prectlll, south by Main Ro~d. west by J. Nlerodzlk. Any person desiring to be heard on the above applications should appear at the time and place specffted. DATED: SEPTEMBER 30. 1971 BY ORDER OF THE SOUTHOLD TO~VN BOARD OF APpEA~ COUNTY OF SUFFOLK ~, ss: STATE OF NEW YORK / C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- successively, commencing on the ............ ~....~.. ................... day of ........... .~..~.~......-.~).., 19~.,/(-.. · Sworn to before me this .................... day of ......... .......... ,,,.../.../.. Notar~ Public / TOWN OF $OUTHOLD, NEW YO'~K APPLICATION FOR SPECIAL EXCEPTION TO TIIE ZONING BOARD OF APPEALS, MOUTHOLD, N. Y. SA~IEL E. MOELIUS and DATE ....$.ep.~.emb. er 30, t97: Name Street and Number Municipality State By: Burr G. Lewis, Agent, hereby apply $o T~ ZONING BOARD OF APPEALS for a SPECIAJ~ EXCEPTION in accordance with the ZONING ORDINA/~CE ARTICLE III SECTION 300 SUBSECTION 5-A TIIESPEC~LEXCEPTIONISREQUESTEDBECAUSE applicant seeks permission to legally maintain the existing dwelling erected on oremlses he.~.e~nafter described, as a two-family residential dwelling. The Said dWelling~ as it presently exists, has separate living units and entrances for first and second floor occupancy,, including two separate kitchens , since 1951, and is located on an 18 acre parcel of land. The said property is described as being on premises of Eugene Andreae/, N/S Main Road, Southold, bounded: N/ L.I.R.R.: E/ Prechtl; S/Main Road; W/Nierodzik, and more particularly described in the description annexed hereto and made part hereof. That the applicant or applicant's son is desirous of occupy- ing one of the two living units. The applicant's intention is to farm the'entire property. COUNTY OF Suffolk) ' Signature B~RT G. LEWIS, Agent for Contract Vendees Sworn to Notary Public ~OT~ARy POSL~C~ STATE OF NEW YOl~ No. 30-2899750 Qualified in Nassau Counb/ FORM ZB2 hereinafter described as the purchaser, VsrlTNESSETH, that the s~ller agrees to sell and convey, and tl~ purchaser agrees to purchase, all that certah~ plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~ in the Village and Town of Southold, in the County of Suffolk' and State of New York, bounded southerly by the Main South Road; westerly by land of John Nierodzik and wife; northerly by land of the Long Island Railroad Company;i!i and easterly by land of Lucy C. G. Brown, said premises being more particularly bounded and described as follows:- ~T,T~ that certain tract, piece or parcel bf land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows:- SEGINNING at a mon~uent on the northerly line of the Main Road at the southeasterly corner of the premises herein described and at the south- westerly corner of land formerly of Lucy Brown, later of M. Surozenski; ~ng thence South 53 degrees 15 minutes O0 seconds west along the northerly line of Main .Road 166.69 feet; thence Sg~th 51 degrees ~5 seconds west still along the northerl~f Main Road 139.78 minutes O0 feet to land now or formerly of J. Niez. odzik; thence North 40 degrees 33 minutes ~0 seconds west along said last mentioned land 2518.15 feet to the southerly line of land of the Long Island Railroad Co.; thence Eorth ~7 degrees 39 minutes 50 seconds east along said railroad ~17.94 feet to a monument and land formerly of Lucy Brown, later of M. Surozenski; running thence along said last mentioned land the following four courses: 1. South ~O degrees ~2 minutes 50 seqonds East 514.80 feet ; 2. South ~O degrees 11 minutes 50 seconds East 530 feet; ~..South 39 degrees 59 minutes 30 seconds East 660 feet; and ~. South ~0 degrees 20 minutes 20 seconds East 8~0 feet to the point or place of BEGII~ING. Seller represents that ~he dwelling an dings on said premises were erected prior to the e~fective date of zoning in the Town of Southold and~will deliver to the Purchaser at the time o~ closing appropriate proo~ by a~idavit to re~lect this. IFuGENF. AT .,~OUTHOLD 0 .... 1139-70 ~ $,~ff4~'0~' W, 166.6~ ~,