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HomeMy WebLinkAbout2421Southo~_d~ NY ~ #1Z~66 2~T~IEW- D~,T,. CO]iP Marina expansmon FInD ACTioN ~DATE: 11/11/91 Directional si~ off D~emlses ACTION DATE. 9/9/7 ACTION DATE: 6/15/78 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF ~PPEALS Appeal No. 2421 Dated May 10, 1978 ACTION OF Ting ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Bayview Resort, Inc. Bayview Road Southold, New York 11971 DATE J._u.9.~._..1...5.., 1978 AppeLant at a meeting of the Zoning Board of Appeals on June 1, 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 ( )O Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined th~ a special exception ( ) be ~anted ( ) ~ de.ed pursuant to Article .................... Section .................... Subsection .................... para~aph .................... of the Zoni~ O~inance and the decision of the Bui~ing Iuspecinr ( ) be reversed ( ) be ¢o~inned became 8:45 P.M. (D.S.T.) Upon application of Bayview Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to construct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict applicatlon of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) urdque and (would) (would not) be shared by ail 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 split of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE SEE REVERSE FORM ZB4 and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to erect a five (5) foot fence in the front yard area. The findings of the Board are that they are 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 hardhship 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. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was resolved that Bayview Resort, Inc., Bayview Road, Southold, New York, be GRANTED permission to construct a fence over five (5) feet in the front yard area upon the condition that the tennis court be located 100 feet from Main Bayview Road and that the paved portion of the tennis court shall be no closer than 10 feet to any side yard, except that the fence may be five (5) feet from any common boundary line. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. T}~ SOU:~HOLD 70\7~ CLF~?~ Town Clerk, Town of Southold ~width and area. Location of property: Lots No. 17 and 18 on !Map No. 3864, Stars Manor, East Marion, New York. 8:20 P.M. (D.S.T.) upon application of Robert Heins, c/o !Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, .for a special exception to the Zoning Ordinance, Article III, 'Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Drossos Restaurant, Route 25, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for permission to erect off premises sign. Location of property: West side of Albertson Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivison. ~ 8:45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to ~iconstruct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. 8:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c/o Gary F. Olsen, Esq. Main Road, Mattituck, New York, foar a variance in accordance with ~he Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wicham AVenue, Mattituck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. LEGAL NOTICE Notice of Hearings Pursuant ~ SccUon 267 of the ToWn'~Law and the provisions ~f the Amended Building Zone Ordin-nce of the Town ~ Sontheld, New York, public h .~_ .. ~,. be held by the ZoningS'of Appeals at the. ~ Hall, York, o~lltlrsday/l~lay appliea~ ,lgl~n and .~Vis Zazeeki, Southuld, New ~=~o¥ variance, .ln~ee with the Zoning.~, ArtiCle Schedule ~ ~Sl~rage shed in th~ ~r.o~ yard. Locati°n of ~': =guneet Way, Soulhol~l, New ¥o/'k~ Lot No. 178 on Map 90~f Ceda/.. Beach Pa~k~ . ?:40 P.lf~. /D.s.T.) application of Robert Kownlski Pine Neck, for St~anta Zazeeki, ~C,e~rge C. Stankevich, Attorn~') for a varianea in accordance with the Zoning Ordinane~,~ Article III, Section 100-31 and Bulk Schedule for permission to divide property With in- sufficient road frontage. Location of property: Pi~e Neck Road, Southold, New York, bounded on the north by Ulrich and Lademan; east by Smith; south by Pine Neck Road; and west by Smith and Trunce. 7:50 P.M. (D.S.T.) upon application of William C. Rose, 39565 Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five {5) foot fence in the front yard. Location of property: Main Road, Orient, New York, bounded on the north by Orient Realty; east by William Rose; south by Main Road; and west by Duvall. 8:06 P.M. (D.S.T.) upon application of Zan Diakos, c-o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient width and area. Location of property: Lots No. 17 and 18 on Map No. 3864, Stars Manor, East Marion, New York. 8:20 P.M. {D.S.T.)' upon application of Robert Heins, c- o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a special ex- ception to the Zoning Or- dinance, Article III, Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Stranssner; and west by Main Street. 8:35 P.M. (D.S.T.) upon application of Dresses Restaurant, Route 25, Greenport, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 30 C 6(f) for per- mission to erect off premises sign. Location of property: - - - West side of Alb~:t. so~-:Ia,~ Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and wes~ She ..... + ........._... ~--~:.'45 P.M. (D.S.T.) upon application of Bayview Resort, Inc. Bayview Road, Seuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded n the north by Main Bayview · .toad; east by Victoria; south~ ~,._by Corey Creek; and west by~ pplication Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. Avenue, Mattituck, bounaea on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. ~ 9:05 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with thc Zoning Ordinance, Article VII, Section 100-70 and Balk and Parking Schedule for permission to construct a boat storage building. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattitack Creek. Dated: May 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TMi8-2988 'eLK, I ~ORK, ? ss: [:.O.N. .................. being duly Sworn, is Printer end Publisher of the SUFFOLK newspaper published at Greenport, in said ? notice, of which the annexed is a printed blished in the said Suffolk Weekly Times for ONE weeks ~encing on ~he ....... IiiI.GItTEE~'IT~I ...... ......... ........... ae this .~../...~..l" I ?:./.... ZZl ( NANCY 1~. DOUGLA~ HOTAR¥ PUBLIC, Stat~ o! New Besiding in Suffolk County Clks. No. 52-60~$ Commi~ion !~ .,~,~s l~krch ~0, 19~.,~ sign. Location of property: West side of Albertson Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivision. · 8:45 P.M. (D.S.T.) uponTM application of Bayview Resort, Inc. Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A to con- struct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. ,~ 9:55 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq. Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 10(k70 and Bulk and Parking Schedule for permission to sell retail boats Location of property: Wickham Avenue, Mattituck, bounded on the north by Baker; east by Vqickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 P.M. (D.S.T.) upon application Matt-A-Mar Marina, Inc. c-o Gary F. Olsen, Esq., Main Road, Mattituck New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wiekham Avenue; south by Mattituck Creek; and west by Mattituck Creek. Dated: May 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM25-2993 COUNTY OF SUFFOLI(, ! STATE OF NEW YORK, ~ ss: ...T..~.O.Y..G.U.S..T.A.V.S..O.N. .................. being duly Sworn. says that ...H.~.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, ~er ......... .O.N.~. .............. weeks successively commencing on the ... ~EN~.¥-. F~F. :ZH ...... day of ....... .I~A. Y~ ~_,.~:~ ..~. 19~,.~,~ .. ...... ]:...'.., ..].._.......~, '--.~-_-~.... ................. Sworn fo before me this~.'.~*~../''*'~ I ,-, ~ay of NOTARY PUBLIC. State of N~ :sldirg in Suffolk Coun~ C!!:~,. No. 52-608~ application of Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Green- port, New York, for a special exception to the Zoning Ordi- nance, Article II1, Section 100- 30B(1) for permission to con- vert existing one-family dwell- ing into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place; east by Clarence Begley; south by M. Strauss- her; and west by Main Street. 8:35 p.m. (D.S.T.) upon application of Drossos Res- taurant, Route 25, Greenport, New York, for a Special Excep- tion to the Zoning Ordinance, Article III, Section 30 C 6(0 for permission to erect off premises sign. Location of property: West side of Albert- son Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by horecrest Subdivision. ~. 8:45 p.m. (D.S.T.) upon : application of Bayview Resort, l~c~} Bayvlew Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article I11, Section 100-35 A to construct a five foot fence in the front yard. Location of property: Bayvie'a Road, Southold, New York bounded on the north by Main Bayview Road; east by Vic- toria; south by Corey Creek; and west by Young and Koke. 8:58 p.m. (D.S.T.) upon application Matt-A-Mar Ma- rina, Inc. c/o Gary F. Olsen, Esq., Main Road, Mattituck, New' York, for a variance in accordance with the Zoning Ordinance, Article VI1, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of pro- perty: Wi~kham Avenue, M.at' tuck, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. 9:05 p.m. (D.S.T.) upon application Matt-A-Mar Ma- rina, Inc. c/o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI1, Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage build- ing. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wick- · 0 FORb~ ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No .......... 343.1 .............................................. Date .................... _l~...,1, g., ................... , 19.88. To ....~&~v~ew...Ree~b r..~n~- ..................... .......... ~£ew...-na8 ........................................ 8outhol~..~w..Xork.....llg.?~ ..................... PLEASE TAKE NOTICE that your application dated ................ ~¥..~1,0. r .................. , 19....78 for permit to construct ....~.~..~ ................................ ~ at the premises located at .................................... ....... ~....~.~.~...... ~..¢.r.~ ............. Street ~-~/~/ Mop -- Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds .4~..,,..~,~.~.....~ ................. ................... ~ .................................... :/.. ............ ;? ........................................................................ George Fisher TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, ~:~ ZTZ' ~2 / DATE ....~.., .,- ,/..~....,~..~...? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Bayview Resort, Inc. ], (~Ve) ................................................................. of Bayview Road Name of Appella,nt Street and Number .................. .s. 9,.u.¢..,~.o.,.~fi ........................................................... ~e..w...~.o.~.k. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED..~...//~.../4./...~...~?.. .... WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) B~ ~f:g.i.¢.W., ,~,~.$.0X.t, ,...~LO,¢. ............................................ Name of Applicant for permit of Bayview Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~ect a Tennis Court with backstop. 1. LOCATION OF THE PROPERTY ......~..a3~J.$.~.~...k~d ........................ B.,a.y~.,.$.~A...A....a..A.ct../.9.,~....~..1. ......... Street Use District on Zoning Map Map 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.) 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~s) (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 ....... ..N.9..n..e. ................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB! (Continue on other side) C Con¥inued REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a Tennis Court cannot be used without a proper back stop. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because ~is is strictly rental property whereby the addition of a Tennis Court would enhance both the value of this property and its attractability to the type of rentors as well as add to the surrounding properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposed court is to be constructed well back from the road. Mostly hidden from view and using green colored material that will blend into the surroundings. STATE OF YORK ) /~ ) ss ........................................................... COUNTY OF ~/'" ) Signature Sworn this j ~,~_~C day ................ ~ ................................ 19 to .............................................. of ~'~ ~'~/ N ry R 'ic N,ofar~ Pubhc, St.f~ of New No. 24-4621831 JUDITH T. TERRY Tow~ CXE~< I~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 JTT/bn cc:file Enc./ May 10, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2421, application of Bayview Resort,Inc. for a variance. Also included is notification to adjoining property owners as follows: William Victoria, Jamesport, N.Y. ; Alex and Fred Koke, Calves Neck Road, Southold, N.Y.; B.B. Young, Private Road, Southold, N.Y. May 5, 1978 Mr. George Fisher Building Inspector Town of Southold Building Department Town Clerk's Office Southold, New York 11971 Dear Mr. Fisher, Pursuant to our phone conversation this afternoon, I am pleased to enclose a copy of notice that we sent to each of our neighbors in connection with the matter of Bayview Resort, Inc. The names as listed on the back of this notice were supplied by your office. We have already supplied you the post office receipts which were attached to our application for a variance. I am enclosing a check in the amount of $15.00 as requested. I hope this covers everything that you need. Thank you for your help in this matter. Sincer~ely, . ~- i ~bert J. Turner RJT:NMR Enclosures Robert J. Turner Bayview Resort, Inc. Bayview Road Southold, New York 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Bayview Resort, Inc. to the Board of Appeals of the Town of Southold TO: NOTICE 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) (Special Exception) (Special Permit),(the following relief: Variance to erect a Tennis Court. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: N. Bawiew Road R_ ~/~11~mrn ~g~o~-rq~a S. Alex & Fred Koke ~. Bo B. Young 3. That the property which is the subject of such Petition is located in the following zoning district: Ba_vview A an~/~r M1 4. That by such Petition, the undersigned will request the following relief: Erect a backstop 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Stated in four above signed are: 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. Dated: May 2, 1978 . Bayview Resort, Inc. Petitioner Post Office Address Bayview Road Southold, New York 11971 NAME PROOF OF MAILING OF NOTICE ADDRESS Adjoining Neighbors N. - .... Bayview Road E. - .... William Victoria S. - .... Alex & Fred Koke W. - .... B. B. Young Jamesport, New York 1000-87-5-23 Calves Neck Road, Southold, NY 1000-85-5-11.1 Private Road, Southold, NY 1000-87-5-11.3 1000-87-5-11.4 tuaoA Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) .~ r~Z~.~.-~d~ AJ '/. ~ / ? ? 7/ , being duly sworn, deposes and says that' on the ' day of .~1 t~ / / ,19 ~O~ , deponent mailed a true copy of the Notice set forth on the re- verse side heret~f, 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~ssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ 5 (~ 5F~7~ z'~c.-~w.~-~_ ; that said Notices were mailed to each of said persons by (certified) (registered) .Jail. Sworn to before me this ~' '~- ~--/ day of ~:~'~/~ ~-~-Z' ,19 2 F/~ ' 50~(c] 6 4 lc] I'Ve4 '~;4fcj /- FOR PARCEL ~0 SEE SEC N0.058 -03-004