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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