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