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HomeMy WebLinkAbout2549 'I �o�.�i.�'�G�" r`t��s� ��-,� .-�,��.t:-�; �.�'o•�� ,`�A-.fie 9 • TOWN OF SOUTHOLD, NEW YORK DATE ...June....11 , 1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2549 Dated May 2 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Olof Nelson Appellant 3 East 85th Street New York, New York 10028 at a meeting of the Zoning Board of Appeals on May 24 , 1979 the appeal 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 ( )0 Request for a variance to the Zoning Ordinance 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 ...I................ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 ; 25 P.M. (D.S .T. ) Upon application of Olof Nelson 3 East 85th Street, New York, New York, for a variance in accordance with the Zoning Ordinance, Article IIi, Section 100-31 and Bulk Parking Schedule for permission to build a house with insufficient front yard setback. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because 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) (would not) change the character of the district because SEE REVERSE 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. SEE REVERSE APPROVED \ `-t '1(" q ZOIJ�j�ING BOARD OF APPEALS FORM ZB4 1 (' of Cha,ni,an ar of Appeals s • • After investigation and inspection the Board finds that the applicant is forced to reduce his front yard setback and side yard setback to meet the requirments of the DEC in dealing with the tidal wetlands and marshland conditions which surround the buildable por- tion of this lot. The Board finds there are presently no residences within 100 feet of the property, and agrees 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 the 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. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that Olof Nelson, 3 East 85th Street, New York, New York, be GRANTED permission to build a house with insufficient front yard and side yard setbacks as applied for. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor, subject to the following condition: (1) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RE^EIVED AND FILED BY THE SOUTHOLD TOWN CL�tUTM DATE,/,/ HOUR jam;7­1,17 /I) Town Clerk, Town of Southold Legal Notice of Hearings -2- May 24, 1979 8 : 25 P.M. (D.S.T.) Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to build a house with insufficient front yard setback. Location of property: Fishers Island, New York, bounded on the north by Fishers .Island Sound; east by Leason; south by Private Road; west by West Harbor. 8:40 P.M. (D.S.T. ) Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for a variance in accordance with Town Law, Section 280A for approval of Access. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leason; south by Private Road; west by West Harbor. 8:50 P.M. (D.S.T. ) Upon application of Puerto Verde Restaurant and Stirling Harbor Marina, Manhanset Avenue, Greenport, New York, (Robert Ketcham, as agent) for a special exception in accordance with the Zoning Ordinance, Article III , Section 100-30 C 6 F. Location of property: Main Road (State Road 25) , Greenport, New York, bounded on i the north by Long Island Sound; east by King and Abadiotakis; south by Main Road (State Road 25) ; west by Rath. Dated: May 14 , 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE MAY 17 , 1979, and FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO: Board of Appeals, Town of Southold, Main Road, Southold, New York, 11971 before May 24 , 1979 . Copies mailed to the following on May 14 , 1979 : Thomas & Jacqueline Occhiogrosso Frederick J. Tedeschi, Esq. a/c Mastrosimone Virginia Shector James Righter a/c Olof Nelson Robert Ketcham a/c Puerto Verde Restaurant & Sterling Harbor Marina hod no Owe Sound- east by Lesson; south LEGAL NOTICE party with insufficient width by private Road; west by NOTICE OF HEARINGS and insufficient area. Lam- West Harbor. Pursuant to Section 267 of tion of property: Inlet Lane+ ' g:40 P.M. (D.S.T.) Upon Greenport, New York, bound- application of Olof Nelson, 3 .OUNTY OF SUFFOLK. 1 the Town Law and the provi- Clempner, New York, i ss: sions of the Amended Budding on the north by East 65th Street, 1 Zone Ordinance of the Town of east by Gull Pond; south by New York, for a variance in iTATE OF NEW YORK. Southold, New York, public Conant; west by Private accordance with Town oLawf will be held by the Section 260A for approval hemcg Board of Appeals at R gl0 P.M. (D.S.T.) Upon Access.Location of property: . . . . . ' 's oti: .Uustaysar . . . . . . . . . . . . . . being duly Sworn. the Town Hall, Main Road, application of Virginia Shec' Fishers Island, New York,h h . he Southold, New York, Thurs- tor,200 East 16th Street, New bounded on the north by Sys that . is Printer and Publisher of the SUFFOLK day, May on the ers Island Sound; east by 2a, s: York, New York, for avan- Lesson, private 1EEKLY TIMES. a newspaper published at Greenport, in said following appeals: ance in accordance with the south by 7:45 P.M. (D.S.T.) Upon Zoning Ordinance,Article III, Road; west by West Harbor. Section 100 31 and Bulk Park- 8:5p p.M. (D.S.T.) uerto Upon aunty; and that the notice. of which the annexed is a printed application of Thomas and permission to application of Puerto Verde Jacqueline Boulevard, 77 div Schedule for perm; app' ,py, has been published in the said Suffolk Weekly Times Vanderbilt Boulevard, Oak- divide property with uuuffic- Restaurant and Stu'ling Har- dale, New York, for a var- fent width and insufficient bor Marina, Manhanset Ave fiance in accordance with the area. Location of property' nue, Greenport, New York, ee in each week, for one . , , , , weeks as agent) Zoning Ordinance,Article III, pine Neck Road, Southold, (Robert Ketcham, . . . . . Section 100-31 and Bulk Park- New York, bounded on the for a special exception th ac- :cessively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . ing Schedule for permission to north by Jockey Creek; east cordance with the Zoning a of a 19 construct a dwelling with in- by Reinhardt; south by Pine dinance, Article 111, Section y, s F. Location of sufficient front yard and insuf- Neck Road; west by Norris 100.30 C Man Road (State ficient rear yard. Location of and Prout. property: rt, New �' ' ' ' ' '/ ' ' ' ' ' ' ' ' ' property: Lot No.28 on Map of 6:25 P.M. (D.S.T.) U n Road 25), Greenport 1 Corey Creek Estates, South- a wain York,bounded on the north by orn to before me this . . . . . . . . East 65 Str Long Island Sound; east by Ill J old,New York. y Mai i oadii�; south v of . . . . . . .//`t F✓� �. 1.� i. ./.. � . 7:5,5 P.M. (D.S.T.) Upon ew or , or a variance m ay 14 application of Elsie Mastro- accordance with the Zoning by Main Road (State Road Simone and Richard Kurt Ordinance,Article III,Section Rath. Mastrosimone,residing at In IW31 and Bulk Parking let Lane, Greenport, New Schedule for permission to D BY ORDER OF -: �. , a� York (Frederick J. Tedeschi, build a house with insufficient THE SOUTHOLD TOWN ✓ Esq.)for a variance in accord- front yard setback. Location BOARD OF APPEALS Ordin- Fishers Island, 1TM17-3220 r_v rt ` u of 11 ance with the Zoning of property: „ 1 rtrn Tock ance, Article III, Section 100• New I= bounded on the °,i` l;,•un!'Y Fishers Island 30 permikParkingSchedule north by Cir, n:u;or, nxr e=. MC for permission to divide Pro- _ ta,�1.30, l9..� ' � 'I LEGAL NOTICE NOTICE OF HEARINGS COUNTY OF SUFFOLK ss Pursuant to Section 267 of the STATE OF NEW YORK Town Law and the pr visions of the Amended Building Zone Ordinance of the Town of Southold, New York, public Patricia Wood, being duly sworn, says that she is the hearings will be held by the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Zoning Board of Appeals at the Town Hall, Main Road, South- a public newspaper printed at Southold, in Suffolk County; old,New York,Thursday, May' and that the notice of which the annexed is a printed copy, a4 eals79 on the following tics been published in said Long Island Traveler-Watch- P7:45 P.M. (D.S.T.) Upon man once each week fori application of Thomas and ••••••••••••••••'••••••••••••••••••••••• weeks Jacqueline Occhiogrosso, 77 '7 Vanderbilt Boulevard, Oak- successively, commencing on the .......1.. .............................. dale, New York,for a variance day in accordance with the Zoning doy of ... ..//...... . 19....(..1. Ordinance, Article 111, Section .-- I ) 100-31 and Bulk Parking Sche- `_/ .. dulefor permission to construct .................................................................... a dwelling with insufficient front yard and insufficient rear yard. Location of property: Lot No. 28 on Map of Corey Creek Estates, Southold, New York. Sworn to before me this .... .. 7:55 P.M. (D.S.T.) Upon ............... day of application of Elsie Mastrosi- moneandRichardKurtMastro- " " "� T"""""""""I 1g...7-+ Simone,residing at Inlet Lane, 0 Greenport, New York (Fred- erick J. Tedeschi, Esq.) for a variance in accordance with the Zoning Ordinance, Article BI, Section 100-30 and Bulk Park- Nota Public ing Schedule for permission to divide property with insuffi- cient width and insufficient [IC-JAR' of area.Location of property:Inlet 1, z -,, Lane, Greenport, New York, R .;idle m i� k C Petnmissiou Expirr 30,es March 30, 1980 bounded on the north by Clempner, east by Gull Pond; south by Conant; west by Private Road. 8:10 P.M. (D.S.T.) Upon application of Virginia Shector, 200 East 16th Street,New York, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient width and insufficient area. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by Reinhardt; south by Pine Neck Road;west by Norris and Prout. 8:25 P.M. D.S.T. U on application of Olof Nelson, 3 East 85th Street, New York New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sche- dule for permission to build a house with insufficient front yard setback. Location of property: Fishers Island, New York,bounded on the north by Fishers Island Sound; east by Leason;south by Private Road; west by West Harbor. 8:40 P.M. (D.S.T.) Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for a variance in accordance with Town Law, Section 280A for approval of Access. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leason;south by Private Road; west by West Harbor. 8:50 P.M. (D.S.T.) Upon application of Puerto Verde Restaurant and Stirling Harbor Marina, Manhanset Avenue, ctroa,M NO. s TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL n File No. Date ,.'^''` � , C�t).s.. ......��....... I9y/. C 61 ................................................................................ PLEASE TAKE NOTICE that your application dated for permit to construct . :...............at the premises located at ............ ........................ .ra.Z............G: �J^2:��.... Street Ma , W................ Block ........................................ p ............... ot ................................................ i f returned herewith and disapproved on thee(following grounds ......yt.�rt2GZ;?t—...t( ....... ........,,{,..........s^c•-rlc`E:!............ .. '�:Zfr.G/....... /�i` / ,_. . f. ..... ✓ i /r.r...�... O. ............ , . ..... ........ r r IT Building Inspector ev t7, j%'�t� TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.c>? I� �- DATE .. M:'..L....l3... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..QIA .. hPtt.Sor� aa e+%r.05 51— ......... ....... .. ........ ... Name of Appellant Street and Number ......l". ..�, at.4....... .... .. ..... .•.. .'.�'.�.. .' 1.007. .......HEREBY APPEAL TO Munici ali State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILnG I�FlPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .......... . ..�.'.1...TT!!.//...1.�............... WHEREBY THE BUILDING INSPECTOR DENIED TO O uGN� vr1 .............. . .... ......................... Nome of Applicant for permit of ...�5. sr.............. . t. ,.4�....F . ..............1 0 2 . ............................. Street and Number M nicipality State (6-f PERMIT TO USE ( ) PERMIT FOR OCCUPANCY � c > kewoitno►J Of- n&jr fw �P�ht1L�� t1"&j 5D' I 1. LOCATION OF THE PROPERTY ..EISA.r.R�.,�....ItS.�- I�.l........... r. ......................................... Street Usb District on Zoning Mop kP....tgQQ'..l..P..-. .-.1.. Mop 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.) AK-r 3i 100- 31 &W AOA-- 3. TYPE OF APPEAL Appeal is made herewith for (Wf A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)EDbeen 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 (b/)' A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL © Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 11tt- ?lUA't. W6CL -t4DS Prjl�DlO (p SerektK_ Mev tee tft, 5(1ti fvf- �w5*_ bAtjL cLose4e. TO rft fieztj r o pu patty up 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 p 05r ?R-DPP_r_gI'&5 / *O, Nor $%jfgM)NDSD 00 3 5iuE5 P>`( TlDAL-. WET-Lh+- JV5 m.w. pr"vag, I &. xL. 'Hn oK¢ �v�lda,�le, �dlnn.cQ. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because f4t4&10- 64 W (c �TL)5115- SI16 OA— STATE 0F_uEW—Y6RK ss ................................ ........................................... COUNTY OF�/4/A, /�) Signature Swornto this ............ ................... day of........�......... ................................... 19 �,.�u�^ �. 5�...........:...... N .. u is I /'1 TOWN CLERK 765-3783 liloBuilding DepL Planning Bd. 765.2660 Board of Appeals 765-1809TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239.1 and m, the . . . . Soard. ,o f.Appeals . . . . . . . . . . . . . of the town of. . .Southold . . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Olof Nelson ................ Amendment to the zoning ordinance 3 East 85th Street New York,New York 10028 ................ Zoning changes Appeal No. 2549 ................ Special permits .....,g........ Variances Location of affected land: .....Fksh.£>;S...1AIA d.r...Maw...York............................................................. within 500 feet of: (check one or more) .....x........ Town or village boundary line,or shore 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 Comments: Applicant was granted permission to construct his house with insufficient front and side yard setbacks due to requirements imposed by the Department of Environmental Conservation. Date: .........A@Y..2 5.R...1.9.7.9........ ................. /signed) Chairman.................................................. Title Date received by Suffolk County Planning Commission .................................................................................... FileNo. ................................ o O ocr�c® K t-. W 4 JUDITH T.TERRY • TELEPHONE TOWN CLERK 1 ( (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 3, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Tranmitted 'herewith is Zoning Appeal No. 2549, application of Olof Nelson for a variance. Also included is notification to adjoining property owner Robert Leeson, Jr. , 27 John Street, Providence, R. I . 02906. k2�7 udith T. Terry Town Clerk JTT/bn cc: file Enc./ f James Volney Righter A r c h i t e c t 1146 Chapel Street New Haven • Connecticut 065 t i telephone 203 777-3212 4 O Fr'EW YOM STATE DMYT:TENT OF E IVIRLONMML CMTSERVAT•ION Environmental Analysis Unit Building 40, SUETY -Stony Brook, NY .11794 (516) 751-7900 Commissioner Robert F. Flacke James Righter 1146 Chapel Street New Haven, Conneticut 06511 Olof S. Nelson TWNL # 15279-0073 TIDAL WETLANDS NOTIFICATION LETTER APPROVAL Dear Sir: This is to inform you that we have reviewed the notification letter (or permit application) filed on 3/28 1979 and have determined that it will not be necessary to file a permit application (or secure a tidal wetlands permit) to construct a one family dwelling on parcel east of West Harbor, Fishers Island, Town of Southold, Suffolk County, New York. Assuming you have obtained all other necessary permits, you may proceed with your project adhering to, the special conditions (if any) found on this letter. Home must be at least 75' from edge of wetlands and/or mean high water. Cesspools must be at least 1001 from edge of wetlands and/or mean high water. ..�,� A 1� Regional Permit Administrator 4/16/79 Date Issued 12/31/80 Expiration Date n cc: U.S. Army Corps of Engineers NYSDE'' Law Enforcement - Region I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the QB,,o�aarddoof�A�araeallss of the X. of Southold TO: pUE7C�Ci1 Lf " ., X. 017 jaw %T_ Pavlr , R.r. 09906 YOU ARE HEREBY GIVEN NOTICE: 1. Thrt is tLe intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (the following relief: I R�DUC{Iw W wg?g YA2D ffifBfl�K �LE55 'A{�1U 5��1'TDfi�1dSXI�t14iELy is,.,, L 2. That the roperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: _/� /1JlEL.SLW [/a1DE2 C6M ICtr iJi?l>}/ /NRS. ACKMV O- - 3. That the property which is the subject of such Petition is located in the following zoning district: /lESfG1EN77AG 7�S7a2K-T 4. That by such Petition, the undersigned will request the following relief: eep" mu 6F gRA &Kr 4!is r BEcm-y— 6F ✓twanS 7m4L AeZ rps SEmwocs 5. That the provisions of the Southold Town Zoning Code applicable to the relief sou ht by the under- signed are: AZr 3m (ob�3,I �Ku��A O AE-Ql tine 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 Traveler-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. n.., n /��,,�� Dated:_ 9 /471 JAWS V`/UR'- I RI 4 i rt 1146 Cht*,& sr n4W 011111E+U CT Petitioner dry 06570g Post Office Address `fi OLF AJOLSOV 3 6161 8S N.Y.C. Ny 109018 PROOF OF MAILING OF NOTICE NAME n ADDRESS J J w I CC QO E-2 Q lF v vWFi a'¢i w W w�-- y Irl> < low ow LOL LL nnV�Y/R/i 1 11 d yr- tai Iw i 'LL u y l w8 ma'o n'Jd"SJ' y a a�j'.r_}� W o o QI W r y w " 33IAH3S 1di 33tl NuN13 ¢ H W MIMS ltlN011do �' a ii 5331 tloi U31SVWISod 1loSNo] 9L61 'Jdb''008£miod Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: SWIMJ AMMR f Jesicling at jq3 MWM ST ACIP CT 06Se being duly sworn, deposes and says that on the �day of iYY'4'1� 19 , 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 addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- f U t&) Of that said Notices were mailed to each of said persons by certified leFeA� mail. 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