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HomeMy WebLinkAbout1297 TO~NOF SOUTHOLD, NEW YORK DATE~O.~.e~fl~r 13,1969 ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1297 Dated October 23, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Helmut tiass Beverly Road Southold, New York at a meeting 6f the Zoning Board of Appeals on November 13, 1969 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIA~L EXCEPTION. By reso~lution of the Board it was determined that a, special exception ( ) be granted ( ) be denied pursuant to Article .................... Section ................... Subsection ........ v.~ .......paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because ' '7:50 P.M, (E.'S.T.), upon application of Helmut Hass, Beverly Road, Southold, New York, for a special exception in accordance wi~zh the Zoning Ordinance, Article S, Section 1007, SubseCtion (e), for permission to repair and re-construct existing non-conforming building in excess of vlaue. Location of property: south side of North Road (CR27), Peconic, New York, bounded' north' by North Road (CR27), east by land of Hubbard, south by lands of the County of Suffolk, west by other lands of the applicant. 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 REVERSE 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 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. ) be denied and FORM ZB4 SEE REVERSE ~~-t~ :;.-~6u~old~t¢ Neville.T~n Boar dSecretarYof Ap~als After inv~tigation and inspection the Board finds that the applicant requests permission to repair and re-construct existing non-conforming building in excess of value. The Board has inspected the premises and finds that the applicant has dong an excellent job of cleaning up and improving them. The Board is in agreement ~th the reasoning of the applicant and grants him Permission to use the property as described in Appendix "A" of the application. The Board finds that strict application of the Ordinance will 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 district and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Helmut Hass, Beverly Rosd, Southold, Bew Yor~, be GRANTED permission to repair and re-construct existing non-conforming building in excess of value as applied for on property located on south side of North (¢~27),.peconic, New York. vote of th~, Board:.Ayes:T Me~srs: Gill~spie, Bergen, Hulse, . .' . . ~ESo G~NPORT, N. Y. FRIDAY. NOV~..MB[ER 7. ~1969, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town L~w and the prS~i~ions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, ~New York, on ,November 13, i969 on the following appeals: 7:30 P.M. (E.S.T.), upon applica- tion of Lefferts p. Edsan, Executor of the Estate of Kaspara E. Mu/der, 151755 'Main Road, Southold, New York, for a variance in accordance w£~h the Zoning Ordinance Article III, Section 303, and Axticle X, Sec- tion 1000A, for permission to set off lots with insufficient area. Location of ~roperty: southeast corner of Fleets ,Neck Road and Stfllwathr Avenue, Fleetwood Cove Map ~To. 1263, Lot ~To.'s 13, 14 & 15, Cu[ch- ague, New York. 7:40 P.M. (E~.T.), upon applica- t/on of Mr. and Mrs. Russell ~uthill, Hew Suffolk ,Avert.ua, Matt/thck, New York, for a variance in accord- once with the Zonir~g Ordinance, Article I,II, Section 103, and Article X, Section 1000A, for permission to set off lots with insufficient frontage. Location of property: north side of Center Street, Mattituck, ~lew York, bounded north by other land of ap- l~l/ca~t, east by A. ~Uonanito & oth- ers, south by Center Street, west by Wil~lusen & Others. ?:50 P~/~. (P-.S.T.), upon a~plica- tion of Helmut I-Iass, Beverly ~ad Southold, New York, for a special excerpt/on in accordance with the Zolling Ordinance, Arf/icle X, Sec- tBm 1'007, St/bse~tion (e), for l~r_' mlaslon to rel~air and re-~oaetruct existing non-conforminE bu~di~ in exceas of value. Location of prop- erty: south s/de ~/ l~ecth 1load (CR27), Pecan/c, Near York, .bound. ed north by North Road (CE2'/), east by ~n~] of ~Iubbard, south by lands of the County 0f S~ffelk, west by other lands O£ the a/pplicanL 8:00 P2/L (lg.S.T.), upon al~lica- ttan of Henry J. Smith, Road~ Peconic, ~'q'ew York, /or proval- of acce~ over private at-way in aceecda~ce w/th the State o/~ ~'~ew Yeck Town I.~w~ Sec- tio~ 2SOA. Lee&t/on e/ pra~erty: west sid~ o£ Carroll Avenue,. and east side of Peconic Lane~ Feconic, ~ew York, ~unded. north, by I~I.R.R., eas/. by Carr~l~ Avenue, south by Lindsay, S~nitb. & others, i ~vest .by Pecoruc 8:15 P.M. (.E.S.T.), u,po~ applica- tion o~ Irene Ford, Sound Averme, Mattituck, Hew York, £or a variance in e¢cordance with the Zoning Or- dinah.ce, Article III, Section 303, and Article X, S~ 1000A, £or per-i mission to sek off lots with insuffi- clent ~rontage. Location o£ pro/)- erty: south side o/ Sound Avenue, ~att/l~ck, /,lew Yor~ bounded north by Sound A~zenue, east by Walter L. WiRia~ns, south ~hy Railroad,. west hy Agway Inc.. 8:30 P.M.. (.~. S.~IL))~ a reheaxin~ on A~peal ~o. 1273~. ~ aiophca~fiam of Richard and Mar~' Mallory,, Fan,~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for per- mission to locate private detached garage in sideyard area. Location of property: north side of Fanning Road, Ne~v Suffolk, New York, .bounded north by George Tuthill, east ~by J. Ml~nerzyk & others~ south by Fanning Road, west by A. Tonacci. 8:45 P.~I. (E.S.T.), upon ~p~ca- tion of Jmes Kavanagh D/B/A ,Crescent Beach Motel, Route 25, Greenpurt, New York, for a sp~ial Zo~ng Ordinance, ~'t~cle III, Sec- tion 300, ~'bs~ion 10, for ~emis- sion to re-l~ate existi~ off-pre- raises direct~nal si~ on property of Emil Pupec~. L~ation of prop- erty: south side of No~h ~ad (CR- 27), P~onic, New Yor~ b~ded north by ~or~ Road (CR27), e~t [~y ~ary T~er, ~ by Si~ey 9:00 P.~. (E.~.T.) a rehe~ng on of .H~ry and EveI~ Me~ns, Route 25, Or~nt, New York, f~ a~rovai an~ with the S~te of New York T~n ~w, S~fion 280A. ~atlon of property: ~rivate right-o[-way off nor~ ~de of ~ute 25,, ~n~ ~ew York, b~ded n~h by hnd of app~cant, east by t/on ~ ~chard N~, N~row ~ec ~d, Orient, ~ew York, for a vari- ance in aecorda~ce wi~ the Z~ ~nance, ~ficle III, ~on 303, ~on ~ ~vide lot ~th l~g[ ~ 100 ft. ~on~ge. L~ation p~ west ~de of Har~ ~d, ~tent, N~ Yor~ bo~d~ no,hi by ~d of Nel~ ~uglass ~te, ~t by Ha~or ~ ~ by ~old Da~n, west by ~ient ~y per~n des~g to be hea~ ~ ~ above a~Hca~ons sho~d ap- ~ at the time ~d place ~eci- DA~ ~ 23, 1969 O~ER OF T~ SOU~O~ TO~ ~OA~ OF APP~ 1KN7 ,K, ] iK. ~ ss: ~. ~.~ .... being duly Sworn. ?tinter and Publisher of the SUFFOLK wspaper published at Greenport. in said otic~, of which the annexed is a printed hed in the said Suffolk Weekly Times ........ /~...'~-~. ............... week~) lng on ~he . ..~...~ ......... ,is . .... NOTICIE OF HEARIN(]S Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- hc hearings will be held by the Zoning Board of Appeals of the Town of Southbld, at the Town Office, ~Ialn Road, Southald, New York, on November ,13, 1969 .on th~ following appeals: ~:3~ P. M. (EST), upon appli- cation of Lefferts P. Edson, Exe- outer of the Estate of Kaspara E. Mulder 51755 Main Road S~uthold, New York, for a vari-I ance in accordance with the Zoning Ordinance, Article Section 303, and Article X, Sec- tion 1000A, for permission to sot off lot~ with insufficient area. Location of property: southeast corner of Fleets Neck Road and~ Stillwater Avenue, Fleetwood Cove Map No. 1263, Lot No.'s 13, t 14, & 15, Cutchogue, New York. 'l:40 P. M. ~,ST), upon appli- cation of Mr. & Mrb. Russell Tathill, New Suffolk .~ Avenue, Mattituck, New york,: .J~r a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec- lion 303, and Article X, Section 10~A, for permis~on :to set off lots with insuffisie~it 'frontage. Location of properS,:~ north side of Center Street, lVfattituck, New York, bounded north by other land of applicant, east by A. Buonanito & others, south by Center Street, west by Wilshnsen & others. 7:50 P. M. (EST), upon appli- cation of Helmut Hass, Beverly Road, Southold, New York, for a special exception in accord- ance with the Zoning Ordinance Article X, Section 1007, Subsec- section (e), for permission to repair and re-construct existing non-conforming building in ex- cess of value. Location of prop- erty: south side of North Road (C R 27), Peconic, New York, bounded north by North Road (C R 27), east by land of Hub- bard, south by lands of the County of Suffolk, west by other lands of the applicant. 8:00 P. M. (EST), upon appli- ca,on of Henry J. Smith, Robin- son Road, Peconic, New Yor~, Tar approval of access over pri- vate right-of-way in accordance with the State of .New York Town L~W, Section 280A. Loca- tion of property: west side of Carroll Avenue, and east side Peconic Lane, Pecenic, New York, bounded north by L.I.R.R., east by Carroll Avenue, south by Lindsay, Smith & others, west by Peconic L~le. cation of .Irene Ford, Sound Ave- nue, Mattituck, New..Yerk, for a variance in accer¢ ~. with the Zoning Ordinance, ~rticle III, Section 303, and .~ticle X, Sec- tion 1000A, for permission to set off lots with insufficient front- age. Location of property: south side of Sound Avenue, Mattituck, New York, bounded nort~ by Sound Avenue, east by Walter Lo Williams, south by Railroad, west COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says (C R 27), Peconic, New York, bopnded north by North' Road (C R 2~), east by Mary Turner, south by Sidney Waxier, west by peconic Lane. 9:00 P. M. (EST), a rehearing on Appeal No. 129~; up~m al~ll- cation of Harry and Evelyn Mearns, Route ~5, Orient, New York. for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private fight-of-way off nor~ side of Route 25, Orient, New York, bounded north by land of appli.ca~t, east by Deid- rick, south by Hess, west by Brown & others. 9:15 P. M. (EST), upon appli- cation of Richard Nagy, Narrow River Road, Oriont, New York, for a variance in accordance with, III, Section 31~, and Article X, i Section 100~A, for permission to l divide lot with less ~h,~ 100 ft. I frontage. Location of property: west side of Harbor Road, Oriont, New York, bounded north by' land of Nelson Douglass Estate, east by Harbor Road, south by Harold Dadson, west by Orient Any person desiring to be heard on the above applications should appear at the time and place specified. DA'~r. aJ: OCTOBER 23, 1969 BY ORDER O1~ THE BOARD aP APPEALS 1T~ /-~'; /; i/ j'.) ............ ....... a .......................  Notary Pu by Agway Inc. 8:30 P. ~. (EST), a rehearing that he is the Editor, of THE LONG ISLAND on Appeal No. 1273; upon appli- ~.~. cation of Richard and Marjory]/F, AVELER - MATTITUCK WATCHMAN, a public news- Manory, Panni~4~ Road, New ooDer Printed at South 14 in Suffolk County; and that Suffolk, New York, for a variance - - r in accordance with the ZonUlgI the notice of which the annexed is o printed copy, has been Ordinance, Article lit, Section 300, Subeection 6, for permission published in said Long Island Troveler-Mottituck Watch- to locate private detached garage east by J. Mlynerzyk & others, south by Fanning Road, west by day of .......... ..~..~.~, .~.L,...V~...~ ] 9...~¢. .... Article HI, Section ~00, Subsoc-i lccate existing off-premises dl-I Sworn to before me this ....~...Z/ day of rectionat ~ign o~ property of I ............ Emil Pupecki. Locatidn of prop-I erty: south side of North Road .................. TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. (We) HELMUT HASS ....................... ~ BEVERLY ROAD Name Street and Number ..... ~O~.H,..O...L....D. ................ :... NE~: ~..O..2...K. ...................... Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with ZONING ORDINAHCE ARTICLE 10 SECTION 1007 SUBSECTION (e) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE OF TIlE CIRCUMSTANCES AS TO PREMISES ON THE SOUTH SIDE OF THE NORTH ROAD AT PECONIC, NEW YORK, BOUNDED EAST BY LAND OF HUBBARD, SOUTH BY LANDS OF THE COUNTY OF SUFFOLK, WES~ BY LANDS OF THE APPLICANT, AND NORTH BY THE NORTH ROAD, AS SET FORTH ON SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. STATE OF I~EW YOt~ ) COUNTY OF SUFFOL~ t ....... .......... Signature STANLEY S. CORWIN NOTARY PUBLIC. State of New No. 52-5826401 Qualified in Suffolk County Commission Expires March 30, FORI~' ZB2 SCB~DULE A APPLICATION FOR SPECIAL EXCEPTION Applicant is the ov~er of the lands immedL~lety adjacen~ on the wes~ which are ~proved wi%h mo~ and a~c~ive buit~gs. The premises ~ que~ion were form. erly o~ed by Charles tV. Hubbard~ and on ~e pa~icular pa~ of them whi~ he sold lo the appl~a~ he ma~ed, among ~her %~gs, as a non- co~orming use, a sawm~. Apptica~ ~guired ~he Hubbard prope~y for ~hree reasons: (1) to provide additio~ p~r~g space for future u~; (2) to acqu~e the sa~l ope~tion, and (3) to br~g abo~ ~e clean~g up of the premises so t~t they would be more m~ctive. Ap~rently ju~ about the t~e this tran~lon ~s be~g carri ed o~ the saw~ build~g prope~y was comdemned. A sugges- tion ~s ~ade to ~e at that %l~e t~ I proceed to apply for relief lo this b~rd. However, ~bo~ ~he sm~e time I herniated fu~her with ~r, Hubbard, who J~ %he f~ ~Eree~en% t ~de wi~h hi~ r~ed a l~e use of p~ of ~he premises spec~ica!!y ~o ~i~a~ %he dweHing he used thereon and so~e ~her buildinEs. fu~her co. racked ~lh hi~ so ~h~t he Eave up his l~e ~ere~ and ar~nged remove aH of the buil~Es, includ~E his dweHinE. The clea~nE up of the premises is largely complete. A concrete slab ~s been poured within ~he The fu~her re~bilitation and repair of ~he budding ~li co~ ~ excess of 80% o~ i~s vmlue~ and since ii is a non~co~or~E use ~he per~i~ of this ~ard a~ ~ special ex ceylon therefor is required, ~asn~uch ~s i~ is proposed that ~he i~ not us~lo he chanEed to ~ ~om~or~nE on~ ~ is s~i~ed the e~cep~ion should he E~ed s~ce ~he pre~se~ lo ~he so~h are used as a s~p hy a ~unicipat!~y and the ad~acen~ premises on ~he ~e~ are u~ed for