Loading...
HomeMy WebLinkAbout2494 TOWN OF SOUTHOLD, NEW YOKK ACTION OF 'file ZONING BOAI~D OF APPEALS Appeal No. 2494 Dated November 8, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Jim Molloy 26 Tremont Street Garden City, New York DATE.~....~.~, 1978 Appellant at a meeting of the Zoning Board of Appeals on November 30, 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 (X) Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 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 .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:05 P.M. (E.S.T.) Upon application of Jim Molloy, 26 Tremont Street, Garden City, New York, (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 and Bulk Parking Schedule for permission to move a building with insufficient front yard area. Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE R .VERS . APPROVED .. ) be denied and Upon investigation and inspection the Board finds that the applicant wishes to move his existing house back 15 feet from Long Island Sound due to water erosion which necessitates a reduced front yard area. The findings of the Board are they are in sympathy with 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. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that Jim Molloy, 26 Tremont Street, Garden City, New York, be GRANTED permission to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. RECEIVED AND FILED BY TtiE SOU'iHOLD TOV/N CLEPaK DATE / · ~g To~ Oo~k, Town of South. old Legal Notice o~Hearings -2- ~ovember 30, 1978 8:30 P.M. (E.S.T.) Upon application of George L. Penny, IV, $oundview Avenue, Southold, New York, for a variance in accord- ance with the Zoning ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area and for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to have a stable ! less than 40 feet from any property line. Location of property: $oundview Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by J. Charnews. 8:45 P.M. (E.S.T.) Upon application of Everett and Alice Swenson, 330 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct a carport in the front yard area with reduced front yard setback. Location of property: Wesland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patricia Koehler, 23 Essex Road, Essex Fells, New Jersey, for a v~riance in accordance with the Town Law, Section 280A for approval of access. Location of property: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by ~illow Terrace Farms; south by Thompsen; west by Reichel and Gazarian. 9~05 P.M, (E.S.T.) Upon application of Jim Molloy, 26 Treemont Street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordin- ance, Article III, Section 100-33 and Bulk Parking Schedule for permission to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. ance with thc Zoning Ordi- nance, Article III, Section 100-30 C (5) for permission to have a stable less than 40 feet from any property line. Loca- tion of property: Soundview Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by J. Charnews. 8:45 P.M. (E~S.T.) Upon application of Everett and Alice Swenson, 330 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-32 for permis- sion to construct a carport in the front yard area with reduced front yard setback. Location of property: Wesland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patri- cia Koehler. 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by Willow Terrace Farms; south by Thompsen; west by Reichel and Gazarian. 9:05 P.M. (E.S.T.) Upon ~_pplicatio~n of Jim Mo!loy, ~6 Treemont Street, Ga~xl~:n.City,. New Jersey (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-33 and Bulk Parking Schedule for permis- sion to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Dated: November 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 11/21/78 (69S) LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearing will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Soothuld, New York, on Thursday, November 30, 1978, on the fnilewing appeals: 7:55 P.M.' (E.S.T.) Upon k, gal noti application of Scott Ben Corp., Main Road, Southold, New York, for a variance in ac- cordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for per- mission to construct a front portico on an existing building with insufficient front yard setback and a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 D for permission to have an access with in- sufficient width. Location of property: Main Road, Soothold, New York, betmded on the north by Colonial Village; east by Ryan; south by Main Road; west by Boyd. 8:10 P.M. (E.S.T.) Upon application of Grabie-Scudder Appliances, Inc., Main Road, (S. R. 25), Mattituek, New York, for a spocial exception to the Zoning Ordinance. Article VI, Section 10060 C 2 for permission for a second waif sign. Location of p,,,~,~rty: Main Road (S.R. 25), Mattituck, New York, bounded on the north by Main Road (S.R. 25); east by DeMaula; sooth by Moore; west by Main Road (S.R. 25). 8:20 P.M. (E.S.T.) Upon application of James E. Gibbons, Lighthouse Lane, Southuld New York, for a variance to the Zoning Or- dirmnce, Article III, Section 100-31 and Bulk Parking Schedule and a variance in accordance with Town Law, Section _280A for approval of access. Location of proueriv: Lighthouse Lane, ~tho[d, N_e~._.Ygifk, bounded ou ~ north by Jockey Creek; east by Hamilton; south by Pullert; west by KarIin. 8:30 P.M. (E.S.T.) Upon application of George L. Penny, IV, ' Soundview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front .yard area and for a variance m accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to have a stable less than 40 feet from any property line. Location of property: Sound- view Avenue, Soothold, New York, bounded on the north by Great Pond~ east by E. Schriefer; sooth by Sound View Avenue; west by J. Charnews. 8:45 P.M. (E.S.T.) Upon application of Everett an - d Ahce Swenson, 330 Wesland Road, Southuld, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct a carport in the front ard area with reduced fronty yard setback. Location of property: Wesiand Road, east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patricia Koahler, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with the Town Law, Section 280A for ap- proval of access. Location of property: King Street on Major Pood.Road, Orient, New York, bounded on the north by Willow Terrace Farms; cas1 by Willow Terrace Fa/fl~; south by Thompse~; West by Reichel and Gazarian. 9:06 P.M. (E.S.T.) Upon a~pucatl011 ot dim MnlI~/, tm Treainont StreetT Garden Cit~] ~ew dersey (lViattuuck House Movers, as Agent); for a variauce in acco/'dmmce with the Zonilig Ordinafiee, Article III, Section H~-33 and Bulk Parking Schedule for per- mission ~o move a building with insufficient fruut yard area. Location of property: Leatoo Drive, s0Uthold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Dated: November 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ 1TN22-30~8 COUNTY OF SUFFOLK, STAT1: OF NEW YORK, ~ ss: ..... T~OY. G'J$.£.,~V,,C~ON ................ being duly Sworn, scars that ...~E., is Prinler and Publisher ot ~e SUFFOLK WEEKLY TIMES, a news~per pubiish~ ~ ~reen~rt, in said eounty; and ~t the noti~, ot which ~e ~e~d is ~ print~ ~py, has ~en published in ~e ~d Sui~lk W~k~ Times once in each w~k, for . ~ . .O~D.. [ ~[ .............. w~ks 22nd day of November ~~. Z~ NOTARY PI~MC. Sta~o o[ New York O FOItM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ........................ ~.~ ...... ~.....~.~. ........ f/53 o PLEASE TAKE NOTICE that your application dated ................................. ../~....~.....~.........,~i9...~.~.~. for p~rmit to G6f~r~t ........................................ ~t the premises located at .................................... .L&.~,o,.,....~£C?.~. ........ .b..~!.~.c. ..... ~tree~ ~ ~ ~ Mop .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ..~"iV~'I/FFIC~- id T' .. ..~....~.~ ...... .y..~.~. ............................ .~.~./.~.~.~.'/.. ....... ~.,.. ...... ~...~.~: ..... iloo0 ~ Building Inspector ~Od d b L~. E --fo r~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .....c).r...8..': .L~. ........... TO THE ZONING BOARD OF APPEALS, TOWN O.F SOUTHOLD, N. Y. 1, (We) Mat-tittz~tl¢' House Movex'~ Inc.,of ....... ~.7..B......~....e.~....H.g..1.e......~._,. ............................ Name of Appellant Street and Number Mattituck N.Y. 11952 ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.-...~..-..7.~ ................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 26 Tremon~ St,, G~J~.~.Xl C~,$y., ~Y~ 1.%53Q Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~-ermit for moving of dwelling 1. LOCATION OF THE PROPERTY ..... ,Q~..~.~9~,....D~i~.~. ......... ,1,O.Q0....-...,59.-..,1,.-.~.....~,.ag...~.~t 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.) front yard Art ~100-131 3. Z,,V~ OF APPEAL Appeal is made herewith for ( ~)~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (Z~lt(hos 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 ................................. Dated ...................................................................... ) ) ~s requested for the reason that (15) feet. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance tidewater yndermining dwelling by fifteen Form ZBI (Continue on other side) REASON FOR APPEAL ( Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Rich waterupto and around del~ewin~. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicini.ty of this property and in this use district because other dellowin~ set back far endught £or tidal water. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because is in a residential area and is a problem for dellowinE. this particular STATE OF N~-V YORJ( ) ........ ......... Sworn tp this ................... ..~...~...~..~ ................ day of ........... !..~.'.~...(~.?v.~..~..~...~.. ................. Notary Public TOWN CLERK 765-3783 Building Dept. P~anning Bal. 765-2660 Board of Appeals TOWN 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 . . .]~oarJ~ .of. Appee, le ............... of the town of ..... $O.~b,O]..~ ............... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .... ..X. ......... Variances Jim Molloy 26 Treemont Street Garden City, New Jersey Appeal No. 2494 Location of affected land: .~Z~...L~.~O.~...D~.:~.V.~.~...~.O.~.t;h~.~...~.W..X~;.~ .................................... within 500 feet of: (check one or more) ....... Y ...... 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:ApplicaTt~ WaS granted per~aission to move his residence back 15 feet on his property from the shoreline ~ue to erosion of his legal back yard. Due to the move, applicant required reduced front yard setback. Date: November 30, 1978 Chairman ~t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. D/rec~o~ of Suffolk Coun Department of Planning JOHN V.N. KLEIN, County Ex~tiv~ Feter~ ~[emrml Highway Huup~e, L. L, N. Y. 11768 979-29~8 Town of Southold Board of Appeals December 1, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Grabie-Scudder Appliances, Inc. Jim Molloy James E. Gibbons Scott Ben Corp. 2490 2494 2495 2496~ GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning CH~£J: PLANNER JUDITH T. TERRY Southold, L. I., N. Y. 11971 November 9, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2494, application of Mattituck House Movers, Inc. for a variance. Alos included are notification to adjoining property owners as follows: Robert Berge, 211 Eskins Street, Manhansset, N.Y. 11030; Alex Orr, 44 WYatt Street, Garden City, N.Y. 11530. (~3'udith T. Terry Town Clerk JTT/bn cc:fil& Enc./ Southold Town Board o£ Appeals SOUTHOLD, L. I., N. ¥. 1197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN CHAR LES GR IGON IS, JR. SERGE DOYEN, JR. TBRRY TUTHILL ROBERT J. DOUGLASS November 27, 1978 Mr. Frank R. Zaleski 97B Deep Hole Drive Mattituck, New York 11952 Re: Variance application on behalf of Jim Molloy Dear Mr. Zaleski: Relative to the above captioned application, we find that we still need your completed application on behalf of Mr. Molloy. The public hearing on this matter will be held on Thursday, November 30, 1978, and if the file is not complete the application will be postponed. Your cooperation in this matter is appreciated. Yours truly, BABETTE C. CONROY Secretary BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: /~L/a_~ O/~/~ 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,(Vanance) (_~ ......... ~ ..... t ~ ...... ~,,,,,t) (the following relief: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ) 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- 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: //-- J~'~ 7f Petiti~~~ NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OFNEW YORK) COUNTY OFSUFFOLK) SS.: ~ ~ ;~ ~ ~ , ~ .beingdu~ysworn, depo~and ~ys.that on the~day of .~v~ ~e'~ ,197~ ,deponentmadedatruecopyoftheNotme~tfonhonther~ ve~ side hereof, directed to each of the above-named ~nons at the addrm~ ~t oppmite thor tractive namm; that the addres~s set opposite the namm of ~id ~ons are the addr~ of ~id ~ons ~ ~own on the current ass~sment roll of the Town of Sou~old; that ~id Noticm were mailed at the Unit~ S~tm Post ficeat ~,,1 ~ ~ )~ ~, .~. ~ ;thatsaid Notic~ were mailed to each of ~id ~sonsby (certified)'(regbt~r~d) mail. Sworn to before me this ~ d Not~Public -'~/ SEE SEC NO l$0 ! Gt~A T PONO SUF~OL~ COUNTY 3o8 ~ ~¢) SUFFOLK COUNTY PARK r 2 I00.0 LE'ETON - [.~F.~IVF_. SOUTH 0 LD SUFFOLK COUNT"-,', N.'Y/.